TERMS AND CONDITIONS OF SALE
- The purchase order received by BRD Gun Works from the undersigned (Buyer) is subject to the following Terms and Conditions of Sale. These Terms and Conditions shall apply to Buyer’s purchase order, irrespective of any contrary provisions in the purchase order or other documentation. The purchase order and these Terms and Conditions, and the terms incorporated herein by reference, constitute the entire agreement between the parties and may not be modified except as expressly provided below.
- Prices and charges are stated in U.S. dollars. The terms for payment are cash, money order, or credit card only. All taxes and other governmental charges upon the production, sale, shipment, or use of the product which BRD Gun Works produces for Buyer shall be paid by Buyer.
- All shipping and associated costs will be the responsibility of the Buyer. Title to product and risk of loss shall pass from BRD Gun Works to Buyer after product is loaded onto the shipping carrier at BRD Gun Works shipping location. Buyer will be provided with a tracking number from a recognized carrier for all purchased products.
- Buyer’s payment of a deposit with its purchase order is non-refundable and represents a down payment. BRD Gun Works dedicates specific engineering and administrative overhead to each custom order, and Buyer’s deposit is deemed to be earned by BRD Gun Works upon receipt by BRD Gun Works.
- Any changes or revisions to Buyer’s original purchase order will be subject to a price adjustment, determined by BRD Gun Works in its sole reasonable discretion.
- Orders cannot be canceled or modified either in whole or in part without the prior written consent of BRD Gun Works, such consent to be provided in BRD Gun Works sole discretion.
- BRD Gun Works custom upper receiver groups, rifles, and other products are sold subject to the limited warranty set forth on the Website. Except for such limited warranty, BRD GUN WORKS PRODUCTS ARE SOLD ON AN “AS IS” BASIS. USE OF THE PRODUCT IS AT USER’S SOLE RISK, AND TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, BRD GUN WORKS DISCLAIMS ALL OTHER WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
- IN NO EVENT WILL BRD GUN WORKS BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM OR IN CONNECTION WITH ITS PRODUCTS, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES. THE FOREGOING LIMITATION SHALL APPLY REGARDLESS OF THE FORM OF ACTION AND WHETHER IN CONTRACT, BREACH OF WARRANTY (EXCEPT FOR THE LIMITED WARRANTY DESCRIBED ABOVE), TORT, NEGLIGENCE, STATUTORY LIABILITY, STRICT LIABILITY, OR OTHERWISE. TO THE EXTENT THIS LIMITATION IS DEEMED INVALID OR OTHERWISE UNENFORCEABLE BY A COURT OF COMPETENT JURISDICTION, FOR ANY REASON, AND IN ANY OTHER EVENT, TO THE EXTENT BRD GUN WORKS IS FOUND LIABLE BY A COURT OF COMPETENT JURISDICTION FOR ANY LIABILITY WHATSOEVER, BRD GUN WORKS AGGREGATE LIABILITY UNDER OR IN CONNECTION WITH THIS AGREEMENT OR ITS SUBJECT MATTER, UNDER ANY LEGAL OR EQUITABLE THEORY, INCLUDING BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, AND OTHERWISE, SHALL NOT EXCEED THE PRICE PAID BY BUYER TO BRD GUN WORKS FOR THE SUBJECT PRODUCT.
- Any claim, action, suit, proceeding or dispute arising out of this agreement shall in all respects be governed by, and interpreted in accordance with, the substantive law of the State of Iowa, without regard to the conflicts of laws provisions thereof.
- All communications between the parties regarding the subject matter hereof, including changes to Buyer’s purchase order, shall be in writing and submitted through BRD Gun Works online communication system. Communications emailed or otherwise transmitted to BRD Gun Works employees or other representatives shall not form the basis of any part of the contractual relationship between the parties.
When purchasing a custom upper receiver group, rifle, or other component a minimum deposit of 50% of the total quoted price for the project is required to start the build. This is a non-refundable deposit. The 50% deposit will be applied to the base cost of the assembly, rifle, or component. The remaining balance is due within 30 days of the completion of the project, prior to scheduling a shipment date. After 30 days from notification a certified letter will be sent to the provided address advising of the open balance and project being ready. Items remaining after 15 days from written notification are subject to becoming property of BRD Gun Works and sold as inventory with forfeiture of any deposits.
Once the custom order is completed the balance on the custom order is due in a timely manner. There are absolutely no refunds given on custom orders. At the time of ordering, please discuss any specific deadline regarding your custom order, and we will determine if the deadline is realistic prior to proceeding. Any production time estimates we provide are our best guess and are subject to change based on availability of parts, current workload or unforeseen problems. BRD Gun Works custom orders are built and hand-fitted to BRD Gun Works quality control specific criteria. This process takes time, and orders are filled as they are received. In fairness to all, there is no “jumping the line.”
Pricing and Information Disclaimer
All pricing is subject to change without notice. For all prices and offerings, BRD Gun Works reserves the right to make adjustments due to changing market conditions, product discontinuation, manufacturer price changes, errors in advertisements, and any other extenuating circumstances. While BRD Gun Works makes reasonable efforts to include accurate and up to date information, BRD Gun Works makes no warranties or representations and assumes no liability or responsibility for any errors or omissions to the content of pricing.
Legalities
It is your responsibility to know the laws and restrictions for the items or services that you purchase. Some of the items or services BRD Gun Works offers may be restricted due to a customer’s location, age, or occupation. Some items may be restricted to military or law enforcement. Some of these items include firearms, components, magazines, and services. Again, you the customer are responsible for verifying the legality of the items you are ordering prior to placing your order. BRD Gun Works will not be held responsible for any items refused by your FFL when regarding transfers of firearms.
It is the responsibility of the buyer, not BRD Gun Works to ascertain and obey all applicable local, state, and federal laws in regard to the possession and use of any item or service purchased from BRD Gun Works. All products and services are sold under the condition that we, the seller, shall not be liable in any action or the arrest or injury occasioned during the transportation, handling, storage, sale or use of the product or service. Consult your local and state laws before ordering if you are in doubt.
Absolutely no sales will be made to minors. By placing an order, the buyer represents that the products ordered will be used in a manner that is legal and that he/she is of legal age to possess the product. BRD Gun Works or any of its employees will not be held liable for the misuse of any product purchased from us.
When a product is purchased, BRD Gun Works and its employees are released of any liability regarding your actions concerning the sales, use, ownership, and shipping of any product or service.
Abandoned Orders
When purchasing a custom order a minimum deposit of 50% of the total quoted price for the project is required to start the build. This is a non-refundable deposit.
Once the custom order is completed the balance on the custom order is due in a timely manner. There are absolutely no refunds given on custom orders.
Once a custom order has been completed and the customer notified, the customer will have up to 30 days in which to pay any remaining balance. After 30 days from notification a certified letter will be sent to the provided address advising of the open balance and project being ready. Items remaining after 15 days from written notification are subject to becoming property of BRD Gun Works and sold as inventory with forfeiture of any deposits.
Order Changes
Changes to orders will be considered until components are ordered or the build has begun, whichever occurs first. After this any changes will result in a $50 change fee. In addition, if any major components are requested to be changed and (Upper or Lower Receiver, Handguard, Barrel, Buffer System, BCG, or Any Other Major Component) have already been installed, a 35% restock fee will also be assessed.
Status Checks
Due to current demand, our volume is high, and market conditions are not predictable. For these reasons, we must ask you to refrain from placing calls or emails requesting status checks or delivery dates on pending orders. You will be notified by email when the order has shipped. Your cooperation will insure a faster delivery for all customers.
Please read ALL the FAQ page before emailing us, this allows us to spend more time building guns instead of answering previously answered questions. Don’t hesitate to call or email jarrod@brdgunworks.com if you must make additions or change to your order.
Parts Orders
Orders can be placed via the online store, by phone, or email. Most items are shipped within 24-48 hours. If you have a specific delivery need, please contact us prior to your order. If you are placing an order for an out of stock item we will ask you to supply all payment information when placing the order. Charges are made at the time of order.
If you have received or ordered the wrong product please contact us directly by phone or email (custom orders, upper or lower receivers, handguards, triggers, and barrels are not returnable). Product must be returned in new unused condition. If you are returning product for a refund a 20% restocking fee will be assessed when issuing a credit via credit card or check.
Limitation of Liability
It is the responsibility of the buyer, not BRD Gun Works to ascertain and obey all applicable local, state, and federal laws in regard to the possession and use of any item or service purchased from BRD Gun Works. All products and services are sold under the condition that we, the seller, shall not be liable in any action or the arrest or injury occasioned during the transportation, handling, storage, sale or use of the product or service. Consult your local and state laws before ordering if you are in doubt.
Absolutely no sales will be made to minors. By placing an order, the buyer represents that the products ordered will be used in a manner that is legal and that he/she is of legal age to possess the product. BRD Gun Works or any of its employees will not be held liable for the misuse of any product purchased from us.
When a product is purchased, BRD Gun Works and its employees are released of any liability regarding your actions concerning the sales, use, ownership, and shipping of any product or service.