Terms and Conditions
Important information about this legal contract:
These Master Terms and Conditions are a legal contract between the Customer and CRN Solutions, Inc. dba Gun Up Tactical (“Gun Up Tactical”). The Customer accepts these Master Terms and Conditions by making a purchase, placing an order, or otherwise shopping on Gun Up Tactical's website. The Master Terms and Conditions are subject to change without prior notice, except that the terms and conditions posted on Gun Up Tactical's website at the time the Customer initially places or modifies an order will govern the order in question.
In the event of any conflict between the terms and conditions stated on the Customer’s purchase order and this Sale Agreement, the Customer agrees that the provisions of this Sale Agreement shall control. Any proposal for additional or different terms or any attempt by the Customer to vary in any degree any of the terms hereof is hereby deemed material and is objected to and rejected. No terms of any document or form submitted by the Customer shall be effective to alter or add to the terms and conditions in the Sales Agreement.
Prices do not include any sales, use, excise, privilege, or other taxes or assessments imposed or levied presently or in the future by or under the authority of any federal, state, or local law, rule, or regulation. Such taxes or assessments is the responsibility of the Customer and may be added to the purchase cost of the goods, where applicable.
Title / Risk of Loss:
Title to the goods being purchased is retained by Gun Up Tactical until the goods are paid for by the Customer and at that time title passes to the Customer. Loss or damage that occurs during shipping by a carrier selected by Gun Up Tactical is Gun Up Tactical's responsibility. Loss or damage that occurs during shipping by a carrier selected by Customer is Customer's responsibility. Title to software will remain with the applicable licensor(s).
All shipping and delivery dates are estimates based upon prompt receipt of all necessary information. Delays in securing Customer’s approval of necessary specifications or samples of the goods shall, if Gun Up Tactical so chooses, extend the date of delivery. Gun Up Tactical shall not be liable for any claim, loss, expense, or damage of any kind whatsoever for delays in delivery.
If goods herein being purchased are being purchased for purposes of export, the Customer must obtain from the federal government certain export documentation before shipping to a foreign country. In addition, manufacturers' warranties for exported goods may vary or even be null and void for goods exported outside the United States. The Customer should inquire further regarding any questions. Any and all liability is only for the products purchased.
Order cancellations are subject to cancellation charges as calculated by Gun Up Tactical to cover all costs and expenses incurred prior to the cancellation of said order. Cancellation charges may include, but are not limited to, all costs and expenses incurred in producing the goods (both completed and in process) and the cost of all items and special materials purchased for such order. Cancellation charges may be the total cost of manufacturing the goods.
Third-Party Product Disclaimer:
All products sold by Gun Up Tactical are third party products and are subject to the warranties and representations of the applicable manufacturers, including but not limited to the original manufacturer’s warranty and compliance.
Pricing and Information Disclaimer:
All pricing is subject to change. For all prices, products and offers, Gun Up Tactical reserves the right to make adjustments due to changing market conditions, product discontinuation, manufacturer price changes, errors in advertisements and other extenuating circumstances.
While Gun Up Tactical uses reasonable efforts to include accurate and up-to-date information on their website, Gun Up Tactical makes no warranties or representations as to the Site's accuracy. Gun Up Tactical assumes no liability or responsibility for any errors or omissions in the content on its website.
Limitation of Liability:
(a) Gun Up Tactical provides this specific limited warranty that it will repair or replace products it finds to be defective in material and workmanship for one (1) year from the date of delivery. The warranty does not include any promises, duties, obligations or otherwise of Gun Up Tactical that are not explicitly outlined in the applicable warranty. See specific warranty information on this website.
(b) By ordering from Gun Up Tactical, you, the buyer, state that you have read, understand, and agree to sales conditions and liability release as stated herein, on the website, and inserts, and that you are 21 years of age or older, and fully and legally qualified to receive merchandise ordered, and have never been convicted of a felony of any kind. You have checked all local and State laws to verify that you can lawfully purchase, possess and own any or all products displayed on our website.
(c) By ordering from Gun Up Tactical, you fully understand that the merchandise ordered may be dangerous to use or store and you understand the nature, safety and precautions, and risks to life & health. You will keep all merchandise completely under your control.
(d) You will use and/or store all merchandise out of the reach of children and in full compliance with local, state, and federal laws & regulations.
(e) You fully & without reservation or condition, agree to absolve and hold harmless and indemnify Gun Up Tactical products, all employees, agencies, or any part thereof, from any and/or all injuries or damages to persons or property or claims alleged or proven, resulting in any way from the purchase/use, possession, distribution, sale/resale, transportation, handling and/or storage of merchandise or items/substances made from the same.
(f) EXCEPT AS STATED HEREIN, GUN UP TACTICAL HEREBY EXPRESSLY DISCLAIMS ALL WARRANTIES, EITHER EXPRESSED OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY OF MERCHANTABILITY AND/OR FITNESS FOR A PARTICULAR PURPOSE. THIS DISCLAIMER BY GUN UP TACTICAL IN NO WAY AFFECTS THE TERMS OF THE MANUFACTURER’S WARRANTY, IF APPLICABLE. IT IS SPECIFICALLY UNDERSTOOD AND AGREED THAT THIS AGREEMENT BETWEEN GUN UP TACTICAL AND BUYER SHALL NOT CONFER ANY THIRD-PARTY BENEFICIARY RIGHTS AND SHALL EXCLUDE ALL SUCH RIGHTS. IN ADDITION, BUYER AGREES THAT IF THERE IS AN ALLEGED PRODUCT DEFECT, DEFECTIVE LABELING OR OTHERWISE, BUYER SHALL SEEK REDRESS ONLY FROM THE MANUFACTURER OF SUCH GOODS, AND BUYER WAIVES AND RELEASES GUN UP TACTICAL FROM SUCH CLAIMS. GUN UP TACTICAL WILL REASONABLY COOPERATE IN THAT REGARD AT BUYER’S COST AND EXPENSE.
(g) Gun Up Tactical’s liability to Buyer or anyone claiming through or on behalf of Buyer, with respect to any claim or loss arising out of this transaction or alleged to have resulted from an act or omission of Gun Up Tactical, whether negligent or otherwise, and whether in tort, contract, or otherwise, including failure to deliver, delay in delivery, or breach of warranty, shall be limited to an amount equal to the purchase price of the goods with respect to which such liability is claimed or, where appropriate and at the option of Gun Up Tactical, to replacement of the goods thereof. In no case will Gun Up Tactical be liable for any bodily injury, death, or property damage resulting from or in any way arising out of the goods or their sale, use, or manufacture. GUN UP TACTICAL WILL NOT BE LIABLE FOR LOST PROFITS, LOSS OF BUSINESS OR OTHER CONSEQUENTIAL, SPECIAL, INDIRECT, OR PUNITIVE DAMAGES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR FOR ANY CLAIM BY ANY THIRD-PARTY. GUN UP TACTICAL WILL NOT BE LIABLE FOR LOST OR CORRUPTED DATA OR SOFTWARE. CUSTOMER AGREES THAT FOR ANY LIABILITY RELATED TO THE PURCHASE OF PRODUCTS OR SERVICES, GUN UP TACTICAL IS NOT LIABLE OR RESPONSIBLE FOR ANY AMOUNT OF DAMAGES ABOVE THE DOLLAR AMOUNT PAID BY CUSTOMER FOR THE PURCHASE UNDER THIS SALES AGREEMENT.
(h) Gun Up Tactical reserves the right, at any time, to make changes in the design of specification of the goods, or any part thereof, which Gun Up Tactical, in its sole discretion, believes will constitute an improvement in such goods or parts thereof.
(i) Gun Up Tactical is not liable for any alterations of the goods, improper maintenance, abuse of the goods, or improper installation thereof.
(j) You, the buyer, agree that all terms and conditions of this statement and sale apply equally to all purchases, past, present, and future as well as orders called in by telephone. You have read, understand and agree fully, without reservation or condition to terms listed herein.
Shipping and handling charges on all orders vary, depending upon published rate of the carriers used. Contact your Gun Up Tactical account manager for our most current and competitive rates, options and shipping specials. For the Customer's protection, we ship only to the verified billing address of the Customer's credit card. In some circumstances, international shipping may be available. Call for details.
(a) Please see Gun Up Tactical’s Return Policy on this website. Any goods to be returned to Gun Up Tactical must have a Return Material Authorization (RMA) number issued by Gun Up Tactical before being returned. Please call (951) 824-1571 or e-mail our Returns Department at email@example.com to obtain an RMA number prior to returning or shipping your product back to Gun Up Tactical. No returns of any type will be accepted without an RMA number. Any goods returned without a proper RMA number will not be accepted and will be returned to Customer at Customer’s expense. For faster service, please have the following information on hand when calling for an RMA number: customer name, invoice number, serial number and nature of the problem.
(b) Any goods returned by the Customer must be returned as originally shipped in their original packaging. Any item not returned in its original package will be returned and under no circumstance will we issue a credit. All products returned MUST be 100 percent complete, contain ALL original boxes and packing materials, have original UPC codes on the manufacturer boxes, contain all manuals, blank warranty cards and other accessories and documentation provided by the manufacturer.
(c) Specially or custom build to order goods or cut cables are non-cancellable and non-returnable.
(d) You the customer are responsible for shipping charges on returned items; Gun Up Tactical will match your shipping method on your replacement or exchange item(s). i.e., you return the defective item in question back to us UPS Ground for replacement; Gun Up Tactical in return will ship back to you the replacement item via UPS Ground at our expense. Any additional shipping cost(s) is the Customer’s responsibility.
(e) Gun Up Tactical strongly recommends the Customer fully insure the return shipment in case it is lost or damaged and use a carrier that can provide the Customer with proof of delivery for the Customer’s protection.
(f) If merchandise arrives to the Customer damaged, it is best to REFUSE it back to the carrier attempting delivery. If the Customer accepts the package, make sure to note the damage on the carrier's delivery record in order for Gun Up Tactical to file a damage claim. Save the merchandise AND the original box and packing it arrived in, notify Gun Up Tactical immediately to arrange for a carrier inspection and a pick up of damaged merchandise. If the Customer does not notify Gun Up Tactical of damaged goods within the first 7 days of arrival, Gun Up Tactical’s regular return policy will override any claim of damage, and will fall under all current manufacturer restrictions. Call a Gun Up Tactical Account Manager at (951) 824-1571 to arrange for carrier inspection and a pick up of damaged merchandise.
(g) Manufacturer restrictions apply. Any item(s) that are missing the UPC Code can ONLY be replaced with the same item. After 30 days, all manufacturers' warranties apply.
(h) Certain non-defective returns can be accepted directly by Gun Up Tactical within 30 days from the invoice date at Gun Up Tactical's discretion for credit or exchange. Please see Gun Up Tactical’s Return Policy on this website. All non-defective returns are subject to a 25 percent restocking fee.
(i) Gun Up Tactical reserves the right to authorize product returns beyond 30 days from the invoice date. If the product(s) is accepted after 30 days, credit will be issued toward FUTURE PURCHASES ONLY. Original shipping charges are not refunded on returned items. Customers are responsible for all charges for shipping returned items to Gun Up Tactical, and Gun Up Tactical will pay the shipping charges on the replacement or exchange item(s) sent to the Customer.
Gun Up Tactical shall not be liable for any delay in or failure of performance hereunder due to any contingency beyond its reasonable control, including without limitation: an act of God; war; civil commotion; sabotage; labor dispute; explosion; fire; accident; power or equipment failure; inability to obtain suitable or sufficient labor, fuel, power, or material; delay of carrier; embargo; or any law, ordinance, rule, or regulation, whether valid or invalid.
This Agreement shall be construed and interpreted in accordance with the laws of the State of California, without regard to its rules for conflict of law. Customer agrees that any dispute or claim arising out of this Sales Agreement shall initially be submitted to mediation with a private mediator in the County of Riverside, California. If the dispute or claim cannot be resolved by mediation, the parties shall submit to neutral binding arbitration by a single arbitrator in the County of Riverside, California, in accordance with the Commercial Arbitrations Rules of the American Arbitration Association.
Hours of Operation:
Monday through Friday 8:00 a.m. to 5:00 p.m. PST (excluding holidays)
Check Payment Policy:
Gun Up Tactical will accept a cashiers check or money order on all COD orders. COD Company check terms are available upon completion and acceptance of a Gun Up Tactical credit application. Email us at firstname.lastname@example.org or fax your credit application to Gun Up Tactical at (951) 824-1571. Payments not made on time for invoices due are subject to a 1.5% late penalty. Gun Up Tactical will accept personal and business checks for prepay orders, which may take up to 10 business days to clear.
Gun Up Tactical Terms and Conditions of Website Use:
PLEASE READ THESE TERMS AND CONDITIONS OF WEBSITE USE VERY CAREFULLY.
BY VISITING, BROWSING, SHOPPING, ACCESSING OR OTHERWISE USING THIS WEBSITE (THE "SITE") OPERATED BY CRN SOLUTIONS, INC. DBA GUN UP TACTICAL, YOU AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS.
Important information about this legal contract:
Acceptance of Contract Terms:
The User Agreement and all of its terms and conditions constitute a legal contract between you and CRN Solutions, Inc. dba ("Gun Up Tactical"). (References to "you" or "your" shall relate to a customer of Gun Up Tactical or other party that visits, browses, shops, accesses or otherwise uses the Site (the "Customer"); references to "Gun Up Tactical" shall relate to CRN Solutions, Inc. and its affiliates.) By visiting, browsing, shopping, accessing or otherwise using this Site, you acknowledge that you have read, understood, and agree to be bound by this User Agreement and comply with all applicable laws and regulations, including U.S. export and re-export control laws and regulations. Do not use this Site if you do not agree to this User Agreement, as it may be changed by Gun Up Tactical from time to time. The material provided on this Site is protected by law, including, but not limited to, United States copyright law and international treaties. This Site is controlled and operated by Gun Up Tactical from its offices within the United States. Gun Up Tactical makes no representation that materials in the Site are appropriate or available for use in other locations, and access to them from territories where their contents are illegal is not authorized. Those who choose to access this Site from other locations do so, on their own initiative and risk and are responsible for compliance with applicable local laws.
Access, Interference and Linking:
Gun Up Tactical grants you a limited license to access and make personal use of the Site and not to download (other than page caching) or modify it, or any portion of it, except as provided below under "Use Restrictions," or with express written consent of Gun Up Tactical.
The following activity on the Site is expressly prohibited: Any non-personal or commercial use of any robot, spider, other automatic device, or manual process to monitor or copy portions of the Site or the content contained herein without prior written permission by Gun Up Tactical; collection or use of any product listings, descriptions, or prices, from the Site for the benefit of another merchant that supplies products competitive with or comparable to those offered on the Site; and, any use of, visits to, or other action that imposes an unreasonable or disproportionately large load on the Site, or otherwise interferes with its proper and timely functioning.
Any unauthorized use terminates the license granted by Gun Up Tactical.
You are granted a limited, revocable, and nonexclusive right to create a hyperlink to the Home page of the Site so long as the link does not portray Gun Up Tactical, its affiliates, or their products or services in a false, misleading, derogatory, or otherwise offensive matter. You may not use any Gun Up Tactical logo or other proprietary graphic or trademark as part of the link without express written permission.
The copyright in all material provided on this Site is held by Gun Up Tactical or by the original creator of the material. Except as stated herein, none of the material may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means, including, but not limited to, electronic, mechanical, photocopying, recording, or otherwise, without the prior written permission of Gun Up Tactical or the copyright owner. Permission is granted to display, copy, distribute and download the materials on this Site for personal, non-commercial use only, provided you do not modify the materials and that you retain all copyright and other proprietary notices contained in the materials. This permission automatically terminates if you breach any of these terms and conditions. Upon termination, you must immediately destroy any downloaded or printed materials. You also may not, without Gun Up Tactical's prior written permission, "mirror" any material contained on this Site on any other server. Any unauthorized use of any material contained on this Site may violate copyright laws, trademark laws, laws of privacy and publicity, and communications regulations and statutes.
All trademarks and registered trademarks are the sole property of their respective owners. Photographs are a courtesy of respective manufacturers. Gun Up Tactical logos are registered trademarks of Gun Up Tactical. Copyright 2012 CRN Solutions, dba Gun Up Tactical.
Limitation of Liability:
UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL GUN UP TACTICAL BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES, INCLUDING, BUT NOT LIMITED TO, LOSS OF DATA OR PROFIT, ARISING OUT OF THE USE, OR THE INABILITY TO USE, THE MATERIALS ON THIS SITE, EVEN IF Gun Up Tactical OR A GUN UP TACTICAL AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IF YOUR USE OF MATERIALS FROM THIS SITE RESULTS IN THE NEED FOR SERVICING, REPAIR OR CORRECTION OF EQUIPMENT OR DATA, YOU ASSUME ANY COSTS THEREOF.
The User Agreement shall be construed and interpreted in accordance with the laws of the State of California, without regard to rules for conflict of law. By accessing the Site and using the information therein available and/or by purchasing any products or services made available through this Site, you agree with Gun Up Tactical, its service providers, agents, employees, successors, assigns, affiliates, parents, subsidiaries and any content provider or offer or of goods or services on this Site or through any other associated activity, that ANY CLAIM OR DISPUTE UNDER THE USER AGREEMENT AND ANY CLAIM OR DISPUTE THAT YOU MAY HAVE AGAINST ANY OF THESE PERSONS OR ENTITIES, WHETHER RELATED TO THE DESCRIBED TRANSACTIONS OR OTHERWISE, SHALL INITIALLY BE SUBMITTED TO MEDIATION WITH A PRIVATE MEDIATOR IN THE COUNTY OF RIVERSIDE, CALIFORNIA. IF THE CLAIM OR DISPUTE CANNOT BE RESOLVED BY MEDIATION, ALL PARTIES SHALL SUBMIT TO NEUTRAL BINDING ARBITRATION BY A SINGLE ARBITRATOR IN THE COUNTY OF RIVERSIDE, CALIFORNIA, IN ACCORDANCE WITH THE COMMERCIAL ARBITRATIONS RULES OF THE AMERICAN ARBITRATION ASSOCIATION.
Please review our Privacy Notice, which governs your visit to this Site.
Disagreement with These Terms and Conditions:
If you disagree with any of the terms and conditions of this User Agreement, please do not visit, browse, shop, access or otherwise use this Site.
Links to other materials:
Gun Up Tactical does not review or control third-party sites that link to or from the Site, and is not responsible for the contents of any third-party sites linked to or from the Site. Gun Up Tactical reserves the right to terminate any link or linking program at any time. Gun Up Tactical does not endorse companies or products to which it links and reserves the right to note as such on its web pages. If you decide to access any of the third party sites linked to this site, you do this entirely at your own risk.