General Terms and Conditions for Purchase of Ammunition
Logistix, LLC dba XCaliber Ammo (“Seller”) agrees to sell to you (“Purchaser”) the ammunition and other goods (collectively the “Products”) as described in the purchase invoice (“Invoice”) in accordance with these General Terms and Conditions (“Agreement”). By signing the Invoice, Purchaser agrees to and shall be bound by all of the provisions of this Agreement. This Agreement may not be modified, altered, or superseded absent a written agreement signed by both the Purchaser and the Seller.
- Purchase of Ammunition. Purchaser acknowledges and agrees that any sale of the Products to Purchaser that includes a sale of ammunition shall be strictly conducted in accordance with all applicable federal and state laws and regulations, including, but not limited to, age restrictions. To ensure the sale of the Products complies with all applicable federal and state laws and regulations, Purchaser represents and warrants the following:
- Purchaser is over the age of 21 years old;
- Purchaser is not prohibited or restricted from purchasing or possessing ammunition under federal and state laws and regulations, including but not limited to, that Purchaser:
- has not been convicted of a crime punishable by imprisonment for a term exceeding 1 year;
- is not a fugitive from justice;
- is not an unlawful user of or addicted to any controlled substance;
- has not been adjudicated as a mental defective or committed to a mental institution;
- is not an alien illegally or unlawfully in the United States or an alien admitted to the United States under a nonimmigrant visa with no exceptions applying to allow Purchaser to possess a firearm;
- has not been discharged from the Armed Forces under dishonorable conditions;
- has not renounced United States citizenship;
- is not subject to a court order issued after a hearing and actual notice that restrains the Purchaser from harassing, stalking, or threatening an intimate partner or a child of the intimate partner or the Purchaser, or engaging in other conduct that would place the intimate partner in reasonable fear of bodily injury;
- has not been convicted of a misdemeanor crime of domestic violence; and
- is not under indictment for a crime punishable by imprisonment for a term exceeding one year.
- Price of Products. The price of the Products does not include shipping fees or sales tax. If a purchase is exempt from sales tax, the Purchaser must provide Seller with a sales tax exemption at time of purchase. If no sales tax exemption is provided, all purchases will be charged the applicable rate of sales tax.
- No Warranties. All Products are sold as is. Seller and its owners, members, officers, directors, employees, and agents make no representations of warranty of any kind that the Products are or shall be fit, or suitable, for any specific purpose or purposes of Purchaser, and Seller disclaims all warranties, express or implied, in connection with the Products and Purchaser’s use thereof, including but not limited to MERCHANTABILITY AND FITNESS FOR PURPOSE. It is the responsibility of Purchaser to read and review the information provided by the Products’ manufacturers relating to any safety warnings and other information concerning the function and safe operation of the Products before using the Products.
- Sales Final. Because all Products are factory sealed new ammunition, all sales are final. After signing the Invoice and accepting delivery of the Products, Purchaser shall not be entitled to any refund or exchange and Seller will not accept the return of any Products.
- Product Pick-up. If the Purchaser is picking up the Products at Seller’s location and has been notified that the Products are available for pick-up, the Products shall be available to be picked up between the hours of 9:00 a.m. and 1:00 p.m., Mountain Daylight Time, Monday through Friday. Before the Products will be released to Purchaser, Purchaser shall sign the Invoice and a delivery receipt verification document. If the Purchaser fails to pick up the Products within three (3) business days after being notified that the Products are available for pick up, the Purchaser’s order shall be cancelled, the Products shall be returned to the warehouse, and any deposit paid to Seller shall be non-refundable and retained by Seller.
- Shipping. Seller shall not ship any Products to any Purchaser in the states of New York, California, Connecticut, Illinois, Massachusetts, and New Jersey. If Purchaser fails to accept the delivery of Products shipped to Purchaser, Purchaser will not be entitled to a refund or exchange.
- Limitation of Liability. Seller’s liability to Purchaser for any claim whatsoever related to Seller’s Products and/or this Agreement, including any claim based on contract, tort, or strict liability, shall be limited to the amount of the purchase price paid by Purchaser for the Products. In no event shall Seller and/or its owners, members, officers, directors, employees, or agents be liable to Purchaser for any indirect, incidental, special, punitive, exemplary, or consequential damages whatsoever resulting from Purchaser’s use or possession of the Products.
- Indemnification. To the fullest extent permitted by law, Purchaser shall hold Seller, its owners, members, agents, officers, managers, employees and assigns, free and harmless from, and indemnify and defend Seller against, any and all suits, actions, proceedings, claims, demands, liabilities, costs and charges, legal expenses, damages or penalties of any nature actually or allegedly arising out of or related to (i) Purchaser’s breach of any representations or warranties made to Seller in this Agreement or (ii) Purchaser’s use or possession of the Products, including, but not limited to, those resulting from, or claimed to result from, injury, death or damage to any and all persons or property in any way arising out of Purchaser’s use or possession of the Products.
- Governing Law and Jurisdiction. It is at the mutual agreement of both Purchaser and Seller with regard to this Agreement that the relationship between the parties shall be governed by the laws of the state of Utah without regard to its conflict of law provisions and that any and all claims, causes of action and/or disputes, arising out of or relating to this Agreement, or the relationship between Purchaser and Seller, shall be filed within the courts having jurisdiction within the County of Salt Lake, Utah or the U.S. District Court located in Utah, and Purchaser and Seller agree to submit to the jurisdiction of such courts. Purchaser and Seller further agree to waive any and all objections to the exercise of jurisdiction over the parties by such courts and to venue in such courts.