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TERMS & CONDITIONS OF SALE

This Sale Agreement ("Agreement") is made between Parker Bros. Makers, Inc. (“Seller”), Meriden, Connecticut 06450 and any person (collectively “you”, “your” or “Buyer”)  who places an order with Parker Bros. Makers, Inc. to obtain any goods or services (“Buyer”).

PAYMENT TERMS

Our terms for ordering custom guns are:

Deposit by Buyer of ½ (one-half) of the total order price by cash, check, wire transfer, or money order with the signed order contract. Parker Bros Makers Inc. must receive the remaining amount prior to delivery of the finished gun. Parker Bros. Makers Inc. will invoice Buyer the final payment amount 45 days prior to the delivery date. Prices are FOB Meriden, Connecticut and include any BATF Excise Tax.

Buyer is responsible for meeting all country or federal, state and local laws for ownership of a firearm including a National Instant Criminal Background Check System (“NICS”) check. The Buyer will complete and submit any required firearms purchase forms prior to delivery as specified by law and regulations. The NICS check is good for 30 days from the time of completion and all firearms must be picked up prior to expiration of this time period.

Due to the custom nature of said firearm and Country or Federal law, any failure of the NICS check by the Buyer after the order contract is signed will result in the buyer forfeiting any and all deposits.      Seller will honor any reinstatement of the firearms transfer by the Federal Bureau of Investigation received within 60 days of the original delivery date. Any firearms held for more than 60 days will be subject to the firearms disposal plan and the Buyer will relinquish all rights to said firearm.

Buyer is responsible for all taxes, fees or duties charged in connection with the sale by any Country, Federal, State or Local governments.

DELIVERY
Normal delivery of finished firearms is quoted at the time of order. Delivery time is an estimate based on past experience and shall not be interpreted as a contractual obligation. Seller is not responsible for any delay or additional cost resulting from acts or conditions outside of its control in the supply and production of firearms.

All goods and services will be delivered at the Seller’s general offices or at the location of a Federal Firearms License (“FFL”) holder indicated by Buyer 45 days prior to delivery. If delivery is arranged through an FFL, the Buyer must provide all contact information and the FFL holder must agree to all Terms & Conditions of transfer.

All firearms must be collected by Buyer within 30 days of notice of delivery by Seller.

 

REPRESENTATIONS AND WARRANTIES
You represent and warrant to Seller that:

You are of legal age and have the power and authority to enter into and perform your obligations under this Agreement.

You shall comply with all terms and conditions of this Agreement; you have provided accurate and complete information, including, without limitation, your legal name, identification, address, and telephone number.

You shall comply with all Country, Federal, State and/or Local laws is purchasing said firearm.

You will review all instructions, including safe use of the gun, in the manual supplied with the firearm prior to using the gun.

You are purchasing this firearm for your own use and will hold title to said firearm. If you are purchasing said firearm for another person, you will so designate and all NICS checks will be completed on this person.

COUNTRY, FEDERAL, STATE, AND/OR LOCAL LAW

Some products offered for sale by Seller may be restricted by Country, Federal, State, and/or Local law. The Buyer is responsible for complying with all said laws.

Seller is an authorized dealer of all of the products it offers for sale. Seller does not and cannot grant the right or authority to persons to purchase such items, which may be regulated pursuant to such laws.

CANCELED ORDERS AND RETURNED GOODS

Due to the custom nature of these goods, there are no refunds on cancelled orders or returned goods.

GOODS DAMAGED IN SHIPMENT

If an item is damaged during shipping the customer or FFL holder must notify the delivery agent of the damage at time of delivery and it must be noted on the delivery manifest at time of delivery. Seller must be notified of the damage within 24 hours. Seller will setup return shipping. Seller will not accept the return of damaged items if the damage was not noted on the delivery manifest at time of delivery.

LIMITATION OF LIABILITY
Under no circumstances shall Seller be liable to you or any other person for any indirect, incidental, consequential or punitive damages arising out of or relating to this agreement. Your sole and exclusive remedy hereunder shall be limited to a warranty service as defined in this agreement.

ALL LIABILITY IS EXCLUDED IN THE EVENT THAT THE INSTRUCTIONS IN THE FIREARM MANUAL SUPPLIED WITH THE GUN ARE NOT OBSERVED.

Seller excludes all liability for personal injury, property damage, and/or damage to the firearm caused by:

  • Negligence to provide proper care and maintenance of the firearm
  • Alterations and/or modifications without the expressed written authorization of the Seller,
  • Normal wear, tear, and/or corrosion,
  • Accidental discharge, careless handling, abuse and/or misuse,
  • Improper, hand loaded and/or reloaded ammunition and barrel obstructions

LIMITED WARRANTY

THE FOLLOWING WARRANTY FROM SELLER IS EXPRESSED IN LIEU OF ANY OTHER WARRANTY, EXPRESS OR IMPLIED, OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR USE, AND ALL OTHER OBLIGATIONS OR LIABILITIES ON THE PART OF SELLER. SELLER NEITHER ASSUMES NOR AUTHORIZES ANY OTHER PERSON TO ASSUME FOR IT ANY OTHER LIABILITY IN CONNECTION WITH THE SALE OF THE PRODUCTS OF SELLER.



SELLER WARRANTS THAT THE GOODS DESCRIBED IN THIS WARRANTY ARE FREE FROM DEFECTS IN WORKMANSHIP AND MATERIALS FOR A PERIOD OF THREE (3) YEARS AFTER DELIVERY.

BUYER’S REMEDY IS HOWEVER SUBJECT TO AN INSPECTION AND DETERMINATION BY SELLER AT SELLER’S SERVICE CENTER, THAT ANY ALLEGED DEFECT, MALFUNCTION OR OTHER FAILURE OF A SELLER’S PRODUCT IS NOT THE RESULT OF MISUSE, IMPROPER APPLICATION OR INSTALLATION, ABUSE, OR DAMAGE OCCURRING AFTER THE PRODUCT HAS LEFT THE CUSTODY OF SELLER.

IF BUYER SEEKS REJECTION OF GOODS DELIVERED FOR NONCONFORMITY WITH THIS CONTRACT AND/OR PACKING LIST DISCREPANCIES, BUYER MUST SEND WRITTEN NOTIFICATION TO SELLER OF THE REJECTION OF THE GOODS WITHIN THREE (3) DAYS AFTER DELIVERY OF THE GOODS TO THE BUYER.  THIS NOTIFICATION SHALL STATE THE BASIS OF THE ALLEGED NONCONFORMITY AND A DESCRIPTION OF THE PORTION OF THE SHIPMENT REJECTED.  FAILURE OF THE BUYER TO SEND WRITTEN NOTIFICATION TO SELLER WITHIN THREE (3) DAYS AFTER DELIVERY SHALL BE DEEMED CONCLUSIVE EVIDENCE THAT NO NONCONFORMITIES OR PACKING LIST DISCREPANCIES EXISTED AT THE TIME OF THE DELIVERY TO BUYER.

THIS WARRANTY IS VOID IF THE FIREARM HAS BEEN ABUSED, MISUSED, DAMAGED BY ACCIDENT, FIRED WITH HAND LOADED OR RELOADED OR IMPROPER AMMUNITION OR DAMAGED AS A RESULT OF BARREL OBSTRUCTION, OR DAMAGED BY FAILURE TO PROVIDE REASONABLE AND NECESSARY MAINTENANCE. THIS WARRANTY DOES NOT APPLY TO NORMAL WEAR OF ANY PARTS, INCLUDING METAL, WOOD, PLASTIC, RUBBER OR ANY OTHER MATERIAL'S SURFACE FINISH OR IF UNAUTHORIZED REPAIR AND/OR ALTERATION HAS BEEN PERFORMED. UNAUTHORIZED REPAIR AND ALTERATION IS DEFINED AS WORK PERFORMED BY ANYONE OTHER THAN SELLER’S SERVICE PERSONNEL. THIS FIREARM HAS BEEN DESIGNED TO PERFORM SAFELY WITH COMPONENTS MADE WITH HARDENED STEELS AND OTHER MATERIALS. REPLACEMENT OF PARTS OR ALTERATIONS BY NON-SELLER FACTORY TRAINED PERSONNEL COULD JEOPARDIZE YOUR SAFETY AND HENCE VOIDS ALL WARRANTIES. THIS WARRANTY IS STRICTLY LIMITED TO THE ORIGINAL BUYER.

SERVICE
SELLER WILL SERVICE THE FIREARM FREE OF CHARGE FOR THE FIRST THREE (3) YEARS OF OWNERSHIP FOR THE ORIGINAL BUYER. BUYER IS RESPONSIBLE FOR TRANSPORTATION AND INSURANCE OF THE FIREARM TO AND FROM THE SELLER’S SERVICE CENTER.

PRIVACY
It is the policy of the Seller to respect your privacy. Seller will not monitor, edit, or disclose any personal information about you without your prior consent unless Seller has a good faith belief that such action is necessary to:

  • Comply with legal process or other legal requirements of any governmental authority;
  • Protect and defend the rights or property of Seller; or
  • Enforce this Agreement.

ARBITRATION PROVISION
Except for a breach of the confidentiality obligations contained herein, any controversy or claim arising out of or relating to this Agreement or the breach thereof shall be settled by arbitration in the State of Connecticut, U.S.A. (“Connecticut”) in accordance with the rules of the American Arbitration Association. Judgment upon the award rendered may be entered in the highest court in Connecticut, state or federal. 

VENUE (GOVERNING LAW) AND RESOLUTION OF DISPUTES 
This agreement and all rights and duties of and between Buyer and Seller shall be governed by and construed according to the applicable laws of Connecticut.  Both parties agree that they are amenable to suit in Connecticut, and therefore, subject themselves to the jurisdiction of the state courts in Connecticut by entering into this agreement.

WAIVER AND SEVERABILITY
No failure or delay in exercising or enforcing any right or remedy hereunder by Seller shall constitute a waiver of any other right or remedy, or future exercise thereof. If any provision of this Agreement is determined to be invalid under any applicable statute or rule of law, it is to that extent to be omitted, and the balance of the Agreement shall remain enforceable. The respective rights and obligations of the parties under this Agreement shall survive any termination or expiration of this Agreement.