TERMS AND CONDITIONS, WARNINGS, WARRANTY, AND INDEMNITY
The provisions of these Terms and Conditions, Warnings, Warranty, and Indemnity (“Terms”) may not be altered, supplemented or amended by the use of any additional documents that purport to be an agreement between you and Boyds’ Gunstock Industries, Inc (“Boyds’”). Any attempt to supplement or amend these Terms or to enter an order for products which are subject to additional or different terms or conditions, will be null and void and will not be enforceable against Boyds’. Boyds’ failure to insist upon or enforce strict performance of any provision of these Terms is not and may not be construed as a waiver of any provision or right. The course of conduct between Boyds’ and you, trade practice, or course of dealing will not act to modify any of these Terms.
*** READ PRIOR TO PLACING AN ORDER WITH BOYDS’***
***AND USE OF ANY BOYDS’ PRODUCT***
As used in these Terms, the words “you,” “your,” or words of similar import refer to the person purchasing from Boyds’, whether such person is an individual or entity or otherwise, and whether the Boyds’ product being purchased is for personal use or for eventual resale after incorporation into a completed firearm or otherwise. The term “product” means any and all products manufactured by Boyds’ or offered for sale by Boyds’. The terms herein are applicable to all Boyds’ products.
All orders of products placed by you with Boyds’ are subject to acceptance by Boyds’ in its sole and absolute discretion. Submission of an order to Boyds’ by you constitutes full acceptance of these Terms by you. IF YOU DO NOT ACCEPT THESE TERMS, PLEASE DO NOT SUBMIT AN ORDER TO BOYDS’.
FAILURE TO COMPLY WITH THE WARNINGS BELOW CAN RESULT IN DAMAGE TO PROPERTY, SERIOUS INJURY AND DEATH. PLEASE CONSULT A COMPETENT AND QUALIFIED GUNSMITH IF YOU HAVE ANY QUESTIONS REGARDING YOUR PRODUCT.
• NEVER work on a loaded firearm.
• ALWAYS follow firearm safety rules as outlined by your firearms manufacturer.
• You are responsible for inspecting the product prior to use with your firearm. If you find any defects in the product, please advise Boyds’ immediately so a replacement product can be provided.
• You are responsible for the safe use/installation of any product. A competent and qualified gunsmith should be consulted if you have any questions.
• You are responsible for the correct fit of the firearm, including the product, to your body. A competent and qualified gunsmith should be consulted if you have any questions.
• A drop-in fit product has been manufactured to the specifications used by Boyds’ for the particular firearm model, however, firearm models and tolerances vary. Therefore your drop-in fit product may require some adjustments or fitting changes to achieve acceptable fit and clearance for your firearm. Please consult a competent and qualified gunsmith if you need assistance.
• A semi-inlet product has been manufactured to be customizable to multiple firearm models. Therefore, your semi-inlet product may require a significant amount of modification to achieve acceptable fit and clearance for your firearm. Please consult a competent and qualified gunsmith if you need assistance.
• Any alterations of any kind to the product, other than alterations necessary to properly fit the stock to your firearm, will void all warranties.
• Improper installation of the product, or improper alterations to the product, can result in serious damage to your firearm and other property and can result in serious bodily injury or death.
• For purposes of these Terms, a competent and qualified gunsmith is defined as a person who, at a minimum, works for your firearm manufacturer’s warranty or service center OR a person who has had 10 years or more of stock installation experience and has graduated from a gunsmith college with at least a two-year Associate Arts & Science (A.A.S.) degree in gunsmithing.
Subject to the provisions below, Boyds’ warrants the product will be free from defects in materials and workmanship for a period of 90 days from the date of purchase by you from Boyds’. Boyds’ will repair or replace, at its option, any product or part that is found to be defective under normal use and service, without charge during the warranty period. Boyds’s obligation to repair or replace the product is the sole and exclusive remedy of you under this warranty. This warranty does not cover the following:
(1) defects or malfunctions resulting from careless handling, unauthorized adjustments or modifications made or attempted by you or by a gunsmith;
(2) use of defective or improper ammunition, corrosion, neglect, abuse, ordinary wear and tear or unreasonable use; and
(3) criminal misuse, negligence or use under the influence of drugs or alcohol.
THIS LIMITED WARRANTY IS IN LIEU OF ANY AND ALL OTHER WARRANTIES, WHETHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR PARTICULAR PURPOSE.
BOYDS’ IS NOT LIABLE FOR INDIRECT, INCIDENTAL, CONSEQUENTIAL OR SPECIAL DAMAGES ARISING OUT OF, OR IN CONNECTION WITH, PRODUCT USE AND PERFORMANCE, EVEN IF BOYDS’ HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGES.
For warranty service, please carefully package the product, along with dated proof of purchase and an explanation of the problem, and ship to:
Boyds’ Gunstock Industries, Inc.
25376 403rd Avenue
Mitchell, South Dakota 57301-5402
You are responsible for the costs of shipping product for warranty service by Boyds’.
To the extent you purchase products from Boyds’ to be incorporated into finished products manufactured by you (the “Manufactured Firearms”) and sold for public use, whether wholesale sale or retail sale, the terms of this Indemnity apply. In the event you produce Manufactured Firearms, you acknowledge the laws of certain states, United States federal laws, and foreign laws (collectively the “Applicable Laws”) may restrict or even prevent the sale of the Manufactured Firearms incorporating Boyds’ products. You further acknowledge you are solely responsible for compliance with all Applicable Laws in conjunction with any sale of Manufactured Firearms incorporating Boyds’ products. In consideration of Bodys’ agreement to sell to you its products, you agree to hold harmless, defend, and indemnify Boyds’ from and against any and all claims arising from or related to your failure to comply with all Applicable Laws in conjunction with Manufactured Firearms incorporating Boyds’ products, as follows:
You agree to defend, indemnify, and hold harmless Boyds’ from and against any and all loss, damage, liability, cost, and expense directly or indirectly incurred by Boyds’, including attorneys’ and consultants’ fees, resulting from: (a) your failure to comply with all Applicable Laws in conjunction with any sale of Manufactured Firearms incorporating Boyds’ products; (b) your failure to properly use Boyds’ products in Manufactured Firearms as may be required by all Applicable Laws; (c) your use of Boyds’ products in Manufactured Firearms as may be prohibited by all Applicable Laws; and (d) the use by any person of Manufactured Firearms incorporating Boyds’ products. Your liability under this Indemnity provision will not be subject to any limitations on liability set forth in any other documents entered into by and between you and Boyds’. Your obligations and liability under this Indemnity provision, without limitation, will in no way be waived, released, discharged, reduced, mitigated or otherwise affected by any actions or inactions of Boyds’.
GENERAL INFORMATION REGARDING TERMS AND CONDITIONS
Form of Payment:
As payment for purchases, Boyds’ accepts only Visa, Master Card, or Discover.
Prices do not include any sales, local or similar taxes. Where applicable, taxes will be shown on and added to your invoice. All such taxes must be paid by you, or in lieu thereof, you must provide Boyds’ with an appropriate tax exemption certificate. You agree to defend, indemnify, and hold harmless Boyds’ from and against any claims, including attorneys’ and consultants’ fees incurred by Boyds’, arising from or related to any taxes assessed, due, or payable in connection with any product purchased by you from Boyds'.
Modification of Orders:
Once an order has been submitted it CANNOT BE MODIFIED, meaning no change of product, shipping address, or adding other products to an order. If for some reason you need to cancel a standard order (no custom options) - you will incur a 15% processing fee based upon the total sale price of the product you ordered, exclusive of taxes and shipping fees. Custom orders can not be cancelled for any reason.
Returns are not accepted without a return merchandise authorization (“RMA”) number. Returns will not be accepted if they are past 90 days from the date of purchase by you from Boyds’. Please call to receive an RMA number. Return MUST be received within 30 days from the date the RMA number is issued by Boyds’ to you. The RMA form must be filled out in full. All unauthorized returns will be REFUSED. The RMA number MUST be on the outside of the package.
Please inspect product within 10 days of receipt to insure that you have received the proper product and that it is free from defects. Natural cosmetic imperfections such as minor knots, burls, heartwood, mineral lines or minor cosmetic fill work are not considered a defect and will be subject to the 12% restocking fee. Factory seconds are purchased “as-is” and cannot be returned. If you receive the wrong product please call customer service. If for any other reason a return is required, a 12% restocking fee will be imposed and shipping fees will not be reimbursed. Alterations to any product of any kind, will void any and all warranty and the return of your product will not be allowed. Your original purchase invoice must accompany all returns.
Please check fit and function on every product manufactured by Boyds’. Safety is our primary concern, and although we strive to achieve it, DO NOT assume any product will be a perfect fit out of the box. It is always best to confirm hole spacing on your firearm and make sure that this matches our product. This will help alleviate all mistakes when ordering. Please note that due to the variations among models and changes in the production processes and tolerances firearms manufacturers may or may not routinely adhere to, some minor fitting may be required even on our fully finished drop-in products to achieve a perfect fit. Please consult a competent and qualified gunsmith if you need assistance.
Customized stocks can not be returned unless there is a defect caused during the production of the stock. A customized stock is a stock that you have added custom length of pull, grip, tip, buttpad upgrade, finish upgrade, adjustable comb, or lasering to,
Laser Engraving Policy:
Engraved items are not returnable unless Boyds’ makes a mistake in spelling. Boyds’ will spell the engraving exactly as you submit it with your order. Double check your action to assure you are ordering the correct stock. Stocks are laser engraved on a per order basis and once engraved cannot be refunded.
All products will be shipped UPS Ground (estimated delivery time from date of shipment 4 to 5 business days) within the continental United States. International orders under the $100.00 limit will be shipped via USPS Priority Mail International.
In the event any product is mistakenly listed at an incorrect price, Boyds’ reserves the right to refuse or cancel any orders placed for product listed at the incorrect price. Boyds’ reserves the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is cancelled, Boyds’ will issue a credit to your credit card account in the amount of the incorrect price.
Intellectual Property: All intellectual property of Boyds’ including, but not limited to, all patents, trademarks, copyrights, know-how, and trade secrets are and will remain the sole and exclusive property of Boyds’ and you will have no right to any intellectual property of Boyds’.
Website Disclaimer. Boyds’ website and the content of Boyds’ website are provided “as is” and without warranties of any kind, whether express or implied. WITH REGARD TO ITS WEBSITE, BOYDS’ DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. Boyds’ does not represent or warrant that the functions contained in its website will be uninterrupted or error-free, that the defects will be corrected, or that its website or the server that makes available to you the website are free of viruses or other harmful components. Boyds’ does not make any warrantees or representations regarding the use of the materials in its website in terms of their correctness, accuracy, adequacy, usefulness, timeliness, reliability or otherwise.
Use of Website. Boyds’ does not and cannot review all communications and materials posted to or created by users accessing its website, and is not in any manner responsible for the content of these communications and materials. You acknowledge that by providing you with the ability to view and distribute user-generated content on its website, Boyds’ is merely acting as a passive conduit for such distribution and is not undertaking any obligation or liability relating to any contents or activities on its website. However, Boyds’ reserves the right to block or remove communications or materials that it determines to be (a) abusive, defamatory, or obscene, (b) fraudulent, deceptive, or misleading, (c) in violation of a copyright, trademark, or other intellectual property right of another or (d) offensive or otherwise unacceptable to Boyds’ in its sole discretion. Harassment in any manner or form on Boyds’ website, including via e-mail, chat, or by use of obscene or abusive language, is strictly forbidden. Impersonation of others on Boyds’ website is prohibited. You may not upload to, distribute, or otherwise publish through Boyds’ website any content which is libelous, defamatory, obscene, threatening, invasive of privacy or publicity rights, abusive, illegal, otherwise objectionable, may constitute or encourage a criminal offense, violates the rights of any party, or may otherwise give rise to liability or violate any law. You may not upload commercial content on Boyds’ website or use the website to solicit others to join or become members of any other commercial online service or other organization.
Third Party Links. In an attempt to provide increased value to our visitors, Boyds’ may link to sites operated by third parties. However, even if the third party is affiliated with Boyds’, Boyds’ has no control over these linked sites, all of which have separate privacy and data collection practices, independent of Boyds’. These linked sites are only for your convenience and therefore you access them at your own risk.
Boyds’ may deliver notice to you by means of e-mail, a general notice on Boyds’ website (www.boydsgunstocks.com), or by other means to the address you have provided to Boyds’. Boyds’ will not sell any private information you provide to Boyds’.
You may not assign any rights under these Terms. Boyds’ may assign these Terms and all rights, privileges, and duties hereunder without notice to you.
These Terms and all product purchases are governed by and construed under the laws of the State of South Dakota, without regard to conflicts of laws rules. You agree that the courts of South Dakota shall have exclusive jurisdiction over the parties for all disputes. Venue shall lie exclusively and only in either: (i) South Dakota Circuit Court, First Judicial Circuit, Davison County; or (ii) United States District Court for the District of South Dakota, Southern Division. You waive all defenses concerning the chosen venue including inconvenience and lack of jurisdiction.