Terms And Conditions Of Sale
PLEASE READ THIS DOCUMENT CAREFULLY! IT CONTAINS VERY IMPORTANT INFORMATION ABOUT YOUR RIGHTS AND OBLIGATIONS, AS WELL AS LIMITATIONS AND EXCLUSIONS THAT MAY APPLY TO YOU. THIS DOCUMENT CONTAINS A DISPUTE RESOLUTION CLAUSE.
This Agreement contains the terms and conditions that apply to your purchase from TFC Firearms, a Canadian Business (“TFC Firearms”, “our” or “we”) that will be provided to you (“Customer”) on orders for firearms, accessories and/or other products and/or services sold in Canada. By accepting delivery of the products and/or services described on the invoice, Customer agrees to be bound by and accepts these terms and conditions.
THESE TERMS AND CONDITIONS APPLY UNLESS THE CUSTOMER HAS SIGNED A SEPARATE PURCHASE AGREEMENT WITH TFC FIREARMS, IN WHICH CASE THE SEPARATE AGREEMENT SHALL GOVERN.These terms and conditions are subject to change without prior written notice at any time, in TFC Firearms sole discretion.
1. Other Documents. Other than as specifically provided in any separate formal purchase agreement between Customer and TFC Firearms, these terms and conditions may NOT be altered or amended by the use of any other document(s). Any attempt to alter or amend this document or to enter an order for product(s) or services and support that are subject to altered terms and conditions will be null and void, unless otherwise agreed to in a written agreement signed by both Customer and TFC Firearms.
2. Governing Law. THIS AGREEMENT AND ANY SALES THEREUNDER SHALL BE DEEMED TO HAVE BEEN MADE IN THE PROVINCE OF ALBERTA AND SHALL BE CONSTRUED AND INTERPRETED ACCORDING TO THE LAWS OF THE PROVINCE OF ALBERTA AND THE APPLICABLE LAWS OF CANADA. THE PARTIES HEREBY AGREE TO THE NON-EXCLUSIVE JURISDICTION OF THE COURTS OF THE PROVINCE OF ALBERTA.
3. Payment Terms; Orders; Quotes; Interest. Terms of payment are within TFC Firearms sole discretion, and unless otherwise agreed to by TFC Firearms, payment must be received by TFC Firearms prior to TFC Firearms acceptance of an order. Payment for the products and services may be made by credit card, EMT (email money transfer), or some other prearranged payment method unless credit terms have been agreed to by TFC Firearms. If credit terms have been agreed to by TFC Firearms, invoices are due and payable within thirty (30) days after the date of the invoice. TFC Firearms may invoice parts of an order separately. Orders are not binding upon TFC Firearms until accepted by TFC Firearms. Any quotations given by TFC Firearms will be valid for the period stated on the quotation. Customer agrees to pay interest on all amounts past due at a rate of two percent 2.0% per month.
4. Shipping Charges; Taxes. Separate charges for shipping and handling will be shown on the invoice(s). Unless Customer provides TFC Firearms with a valid and correct tax exemption certificate applicable to the product ship-to location prior to TFC Firearms acceptance of the order, the Customer is responsible for goods and services tax, sales and all other taxes associated with the order, however designated, except taxes on TFC Firearms net income. If applicable, a separate charge for taxes will be shown on the invoice.
5. Title; Risk of Loss. Title to products passes from TFC Firearms to Customer on shipment from TFC Firearms facility. Loss or damage that occurs during shipping is Customer’s responsibility. TFC Firearms is not liable for delays in shipment or failure to ship by the estimated ship date. Where customer has ACCEPTED to insure their shipment (at time of order) then TFC Firearms will assist customer with, but is not liable for, their insurance claim against Canada Post for loss or damage. Where customer has DECLINED to insure their shipment (at time of order) then TFC Firearms is not liable for or in any way responsible for any loss or damage howsoever caused.
6. Warranties. THE LIMITED WARRANTIES APPLICABLE TO PRODUCTS SOLD BY TFC FIREARMS ARE THE SOLE RESPONSIBILITY OF THE PRODUCT MANUFACTURER OFFERING SUCH WARRANTIES. TFC FIREARMS DISCLAIMS ALL WARRANTIES AND CONDITIONS, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. TFC FIREARMS’S SOLE RESPONSIBILITY FOR WARRANTY CLAIMS IS LIMITED TO ASSISTING THE CUSTOMER TO CONTACT THE MANUFACTURER.SOME PROVINCES DO NOT PERMIT THE EXCLUSION OF CERTAIN IMPLIED WARRANTIES OR CONDITIONS OR LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY OR CONDITION LASTS IN CONSUMER TRANSACTIONS. THEREFORE THE FOREGOING DISCLAIMERS MAY NOT APPLY TO YOU.
7. Sales Policy. All Sales Are Final. No Refund. No Exchange.
8. Return Policies. TFC Firearms, at it’s sole discretion, may permit the return of product, for purpose of repair or other reason, but any return must first be authorized by TFC Firearms. Shipping of returned product is at the sole discretion of the customer. TFC Accepts no responsibility for shipped product until it has be received and signed for by an authorized employee of TFC Firearms.
9. Exchanges. From time to time, TFC Firearms may, in its sole discretion, exchange products or portions of a product. Shipping of exchanged product is at the sole discretion of the customer. TFC Accepts no responsibility for shipped product until it has be received and signed for by an authorized employee of TFC Firearms.
10. Products. TFC Firearms continually upgrades and revises its products/inventory to provide its’ customers with new choices. TFC Firearms (and the product manufacturers) may revise and discontinue products at any time without prior notice to customers. TFC Firearms will ship products that have the functionality and performance of the products ordered, but changes between what is shipped and what is described in a specification sheet or catalogue are possible.
11. Limitation of Liability. TFC FIREARMS (INCLUDING TFC FIREARMS’S PARENTS, AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES OR AGENTS) DOES NOT ACCEPT LIABILITY BEYOND THE REMEDIES SET FORTH HEREIN, INCLUDING ANY LIABILITY FOR PRODUCTS NOT BEING AVAILABLE FOR USE. TFC FIREARMS WILL NOT HAVE ANY LIABILITY FOR ANY DAMAGES ARISING FROM THE USE OF THE PRODUCTS IN ANY HIGH RISK ACTIVITY, INCLUDING, BUT NOT LIMITED TO, LAW ENFORCEMENT DUTIES, TRAINING, OR MILITARY OPERATIONS, TFC FIREARMS WILL NOT BE LIABLE FOR LOST PROFITS, LOSS OF BUSINESS, OR OTHER INCIDENTAL, INDIRECT, CONSEQUENTIAL, SPECIAL OR PUNITIVE DAMAGES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR FOR ANY CLAIM BY ANY THIRD PARTY EXCEPT AS EXPRESSLY PROVIDED HEREIN.CUSTOMER AGREES THAT FOR ANY LIABILITY RELATED TO THE PURCHASE OF PRODUCTS OR SERVICES, TFC FIREARMS IS NOT LIABLE OR RESPONSIBLE FOR ANY AMOUNT OF DAMAGES ABOVE THE AGGREGATE DOLLAR AMOUNT PAID BY CUSTOMER FOR THE PURCHASE OF PRODUCTS AND/OR SERVICES UNDER THIS AGREEMENT.THE FOREGOING LIMITATIONS APPLY REGARDLESS OF THE CAUSE OR CIRCUMSTANCES GIVING RISE TO SUCH LOSS, DAMAGE OR LIABILITY, EVEN IF SUCH LOSS, DAMAGE OR LIABILITY IS BASED ON NEGLIGENCE OR OTHER TORTS OR BREACH OF CONTRACT (INCLUDING FUNDAMENTAL BREACH OR BREACH OF A FUNDAMENTAL TERM).NEITHER TFC FIREARMS NOR CUSTOMER MAY INSTITUTE ANY ACTION IN ANY FORM ARISING OUT OF THIS AGREEMENT MORE THAN SIX (6) MONTHS AFTER THE CAUSE OF ACTION HAS ARISEN, OR IN THE CASE OF NONPAYMENT, MORE THAN SIX (6) MONTHS FROM THE DATE OF LAST PAYMENT.SOME PROVINCES DO NOT ALLOW THE EXCLUSION OF LIMITATION OF (i) INCIDENTAL OR CONSEQUENTIAL DAMAGES OR (ii) IMPLIED WARRANTIES OR CONDITIONS, SO THE ABOVE EXCLUSIONS MAY NOT APPLY.
12. Dispute Resolution.
A. Acknowledgments Customer acknowledges that TFC Firearms possesses valuable confidential and proprietary information, that would be damaging to TFC Firearms if revealed in open court. The parties further acknowledge and agree that it is preferable to resolve all disputes between them confidentially, individually, and in an expeditious and inexpensive manner. The parties accordingly acknowledge and agree that private dispute resolution is preferable to court actions.
B. Good Faith Negotiation. The parties shall attempt to resolve any dispute or differences between them by way of good faith negotiation. The good faith negotiation shall commence by each party communicating their position regarding the complaint, claim, dispute, or controversy to the other party, and how the parties should resolve the dispute. The parties shall then make good faith efforts to negotiate a resolution of the claim, dispute, or controversy. Neither party shall commence any arbitral proceedings unless and until the good faith negotiation fails.
13. Applicable Law; Not For Resale. Customer agrees to comply with all applicable laws and regulations of the various provinces and of Canada. Customer agrees and represents that it is buying for its own use only, and not for resale.
14. Headings. The section headings used herein are for convenience of reference only and do not form a part of these terms and conditions, and no construction or inference shall be derived therefrom.
15. Force Majeure. TFC Firearms shall not be liable for any delay or failure in performance caused by circumstances beyond its reasonable control.
16. Price Disclaimer. ALL PRICES ARE SUBJECT TO CHANGE WITHOUT NOTICE. TFC Firearms is not responsible for typographical errors or any digital / Internet glitches which may occur. Not all items are as pictured.
17. For ammunition sales, the customer pays actual shipping costs unless otherwise stated in the ad. Please contact us with your postal code for a shipping quote before ordering.
18. Effective March 1, 2016 all orders being shipped to the Maritimes and the far north will be charged a flat $10.00 surcharge for shipping. Also if Canada Post is requested a $10.00 surcharge will be applied.