This Notice, Waiver, Limitation of Liability and Warranty Disclaimer is made by Tennessee Arms Company, LLC (hereinafter “Tennessee Arms”) and applies to the transfers of firearms, weapons, and component parts to its, customers, distributors, independent contractors and firearm dealers. The terms contained herein apply to the transfers of firearms, weapons, and component parts (hereinafter “Tennessee Arms Products”) by Tennessee Arms whether the transfer is made via sale, gift, free sample or trial. The person or entity acquiring the Tennessee Arms Products shall be referred to herein as “Buyer”).
Buyer understands that the transfer of Tennessee Arms Products are governed by State and Federal Law and that Buyer will honor all applicable State and Federal laws and perform all required background checks prior to transferring any Tennessee Arms Product to any person or entity. Buyer agrees that the item will be used as designed and will only be used in a manner that is legal in the jurisdiction in which the Buyer is located.
Buyer acknowledges and agrees to the terms of the existing Protection of Lawful Commerce in Arms Act existing on the execution date of this document. In the event that the Protection of Lawful Commerce in Arms Act, 15 U.S.C. §§ 7901-7903, is repealed the Buyer agrees to be contractually bound by the terms of said act that exist on October 1, 2013.
Export from the United States of certain Tennessee Arms Company, LLC products is strictly prohibited without a valid export license issued by the U.S. Department of State, in accordance with the International Traffic in Arms Regulations (“ITAR”) (22 C.F.R. 120-130), or a valid export license issued by the U.S. Department of Commerce, in accordance with the Export Administration Regulations (“EAR”) (15 C.F.R. 730-774). Furthermore, United States law prohibits the sale, transfer or export of items to certain restricted parties, destinations, and embargoed countries, as identified on lists maintained by the U.S. Department of State, the U.S. Department of Commerce, and the U.S. Department of Treasury. It is your responsibility to be aware of these lists and the items identified thereon. You certify, by proceeding with this or any transaction with Tennessee Arms Company, LLC, that you will not engage in any unauthorized transaction involving the export of Tennessee Arms Company, LLC product(s) to any restricted parties or destinations. You further certify, by proceeding with any transaction to purchase any items from Tennessee Arms Comany, LLC, that you will comply with all requirements imposed by all applicable laws, regulations and administrative policies. TNARMS reserves the right to inquire into the end user, end use, and country of ultimate destination of any product that it sells to you or anyone else.
Tennessee Arms Products are warranted to be free from defects in materials or workmanship. Within this period, Tennessee Arms will, at its sole option, repair or replace any components that fail in normal use. Such repairs or replacement will be made at no charge to the customer for parts or labor, provided the customer shall be responsible for any transportation and/or shipping cost. This warranty does not apply to: (i) cosmetic damage, such as scratches, nicks and dents; (ii) consumable parts; (iii) damage caused by accident, abuse, misuse, water, flood, fire, or other acts of nature or external causes; (iv) damage caused by service or repair performed by anyone who is not an authorized service provider of Tennessee Arms; or (v) damage to a product that has been modified or altered. In addition, Tennessee Arms reserves the right to refuse warranty claims against products or services that are obtained and/or used in contravention of the laws of any country.
Disclaimer of Express Warranty. Any affirmation of fact, promise or representation of Tennessee Arms regarding Tennessee Arms Products shall not be deemed to create an express warranty that the products shall conform to the affirmation, promise or representation and any representation or description of goods by catalogue, website or otherwise is for the sole purpose of identifying the goods and shall not be deemed to create an express warranty.
Disclaimer of Implied Warranty. This transfer if made on the express understanding that there is no implied warranty that the goods shall be merchantable and that there is no implied warranty that the goods shall be fit for a particular purpose. The Buyer acknowledges that there are no warranties which extend beyond the description on the face hereof.
Buyer agrees to defend, indemnify and hold harmless Tennessee Arms against any claims, actions, proceedings, judgments, attorney’s fees, court costs, or other potential liabilities against Tennessee Arms resulting from any negligent and/or criminal resale or transfer of Tennessee Arms Products to a third party.
The parties agree that this Agreement is entered into in the County of Dyer, State of Tennessee and shall be construed in accordance with the laws of the State of Tennessee. It is further agreed that any litigation between the parties relating to this Agreement or any sale or transfer shall take place in Dyer County, Tennessee.
I have read the terms of the Notice, Waiver, Limitation of Liability and Warranty Disclaimer, understand it, and agree to be bound by all of its terms. I understand this notice is part of my contract and purchase and is a condition of sale. By ordering a Tennessee Arms Product I agree to be bound by the foregoing terms during this transfer.