MONTANA ARMAMENT GROUP LLC (‘Seller’) is a Montana Registered limited liability company residing in Gallatin County. The ‘Buyer’ is any person or persons issuing a purchase order, email authorization, phone or online transaction, or any other intention/action to procure goods or services from the ‘Seller’.
The ‘Seller’ shall not be held liable in any way for any loss of trade, profit, or any other loss or damage occurring to the ‘Buyer’ in the event of a delivery being delayed or frustrated. All taxes, duties, and tariffs shall be paid by the ‘Buyer’. The ‘Buyer’ agrees they have the complete legal authority and authorization to issue said orders and enter into any terms of this agreement. Montana Armament Group LLC is not and cannot be held liable for the receipt of damaged products or goods. Transportation, delivery, insurance, and handling charges including customs and related duties, or taxes shall be borne by the ‘Buyer’. The ‘Buyer’ agrees the products are NOT for export.
Warranty: Montana Armament Group LLC does not imply, promise, or provide any form of warranty for the products sold. All warranties, if available, must be submitted to the manufacturer directly. Please contact your representative for more information. If a representative of Montana Armament Group LLC aids in the submission of warranty, the ‘Buyer’ agrees to hold harmless and defend Montana Armament Group LLC of any errors or omissions.
Taxes: Prices in this proposal are exclusive of any federal, state, municipal, or other governmental taxes, duties, licenses, fees, excises, or tariffs imposed on the production, storage, sale, transportation, import, export, or use of the products. If for resale, the ‘Buyer’ agrees these products are purchased for resale and quality for tax exemption under their resale certificate. The ‘Buyer’ agrees to pay any use or sales tax accrued due to improper use or invalid state resale certificate.
Payment: All sales are final at receipt of order, a cancelation and restocking fee of up to twenty percent (20%) may apply to orders if cancellation is accepted by the ‘Seller’. The ‘Seller’ reserves the right to cancel the sale or refuse service at any point during the transaction. Payment must be made for the products regardless of whether the ‘Buyer’ has made or plans to make any inspection of the products. ‘Seller’ reserves the right, in its sole discretion, at any time to require full or partial payment in advance or to revoke any credit previously extended, if in its judgment, ‘Buyer’s financial condition does not warrant proceeding on the terms specified.
Title and Risk of Loss: Title to and risk of loss or damage for products will pass to the ‘Buyer’ upon the earlier of delivery to ‘Buyer’ or delivery to a carrier for shipment to ‘Buyer’. The ‘Seller’ has the right to reclaim the title at no cost or reimbursement of the products until payment is received in full.
Inspection and Acceptance: ’Buyer’ shall have three (3) common business days from the date of receipt to inspect the products and ‘Buyer’ shall be deemed to have accepted the Products unless ‘Buyer’ has notified the ‘Seller’ in writing of any non-conformities within such three (3) common business days.
Shipping Dates: Quoted shipping dates are estimates only and do not guarantee a specific delivery date to or bind the ‘Seller’ to meet any specific delivery schedule. Montana Armament Group LLC shall not be liable for any delay in the shipment of Products.
Security Interest: ’Seller’ reserves and ‘Buyer’ grants to ‘Seller’ a security interest in all products sold and all proceeds to secure the full payment and performance to ‘Buyer’ of its liabilities and obligations to ‘Seller’. ‘Buyer’ acknowledges that this document or copies of this document may be filed with the appropriate authorities as a financing statement and agrees to execute and deliver such other documents as ‘Seller’ may request in order to perfect ‘Seller’s’ security interest granted hereby.
Limitations of Liability: Notwithstanding anything to the contrary herein contained, in no event shall the ‘Seller’ and any affiliate thereof be liable under any legal theory for any consequential damages (including, but not limited to, lost profits) arising out of the use of or inability to use the products, even if the ‘Seller’ and/or any affiliate thereof have been advised of the possibility of such damages. The ‘Seller’s cumulative liability, if any, to the ‘Buyer’ or any third party for damages arising out of or relating to this proposal (including, but not limited to, liability arising out of contract, negligence, unintentional misrepresentation, strict liability in tort, strict liability in contract, or warranty of any kind) shall not exceed Ten Thousand ($10,000.00USD) in total. In no event, shall the ‘Seller’ be liable for costs of procurement of substitute goods or services for any reason.
Disputes: A party bringing a legal action or proceeding against the other party arising out of or relating to this Agreement shall bring the legal action or proceeding exclusively in either the United States District Court for the District of Montana or in any court of the State of Montana sitting in Gallatin County, Montana.
Deposit: If a deposit is made and/or required against an invoice, sales order, purchase order, or estimate, the ‘Seller’ withholds the right to accept or reject the order. If the ‘Seller’ cancels or terminates the order, they shall initiate a refund to the ‘Buyer’ in the entirety or current outstanding balance of the deposit, less any fees incurred to the 'Seller' as a result of this deposit, and/or costs of any goods/services that have been already delivered to the 'Buyer' in part or entirety. This refund shall be initiated within seven (7) common business days using a payment method of the 'Sellers' choice. Upon confirmed receipt of the order, the deposit shall be deemed non-refundable. If, for any reason except as otherwise stated herein, the ‘Buyer’ is unable to pay the remaining balance as specified in the ‘Sellers’ Invoice, Sales Order, Sales Receipt, or Estimate, the ‘Buyer’ shall forfeit the Deposit in its entirety. Obtaining such payment from the Deposit as liquidated damages shall not be the ‘Seller’s’ sole remedy in the event ‘Buyer’ defaults under this Agreement.
Force Majeure: The ‘Seller’ shall not be responsible for failure of performance due to causes beyond its reasonable control, including, without limitation, government embargoes, blockades, seizures or freezes of assets, delays or any other acts of any government, fires, delayed or frustrated shipping on behalf of the courier, floods, severe weather conditions, or any other acts of God, quarantines, labor strikes or lockouts, riots, strife, insurrection, civil disobedience, or war, or failure of manufacturers, suppliers or other third parties to timely perform. If the circumstances causing the failure of performance extend for one month, the ‘Seller’ may, at its option, terminate this Agreement without penalty or liability and without being deemed in default or in breach hereof; provided, however, that in all such cases ‘Seller’ shall refund any amounts already paid in conjunction with Purchased Product which have not been released to a shipping courier or to the Buyer at the time of such termination.
Late Payment: A fee at the rate of eighteen percent (18%) per annum will be charged on any unpaid balance after three (3) calendar days from the date the unpaid fees and costs are first billed. If any statement remains unpaid for more than ninety (90) days, we may submit your account to a collection’s agency of our choice.
Governing Law: The laws of the State of Montana (without giving effect to the choice of law or conflicts of law principles) govern all manners arising out of or relating to this Agreement, including, without limitation, its validity, interpretation, construction, performance, and enforcement.
Firearms/NFA/Ammunition: The ‘Buyer’ agrees they are licensed and legally able to purchase, own, possess, or resell Firearms or NFA items. The ‘Buyer’ will be liable for the restocking fee above if the sale is rejected by the ATF or another governing agency. The ‘Buyer’ agrees to hold harmless and defend Montana Armament Group LLC of any errors or omissions. The ‘Buyer’ agrees to defend Montana Armament Group LLC for any usage, improper usage, sale, or transfer of any Firearm or NFA items by themselves, affiliates, or end-user and holds themselves liable indefinitely without limitation.
Each party agrees to abide by the export control laws and regulations of the United States Department of Commerce, the United States Department of State and other United States governmental agencies relating to the export of commercial or military technology (collectively, “Export Control Laws”), including but not limited to the International Traffic in Arms Regulations (ITAR), 22 C.F.R. 120 et seq.; the Export Administration Regulations, 15 C.F.R. 730-774 (EAR); and the Foreign Assets Control Regulations, 31 C.F.R. 500-598. Each party agrees not to export “Technical Data” or export Proprietary Information obtained from the other party in violation of Export Control Laws and without the express written consent of the Disclosing Party and without having in place all U.S. Government licenses required for the export of such data or information. “Technical Data” is defined in the export regulations (22 Code of Federal Regulations Chapter 1 Section 120.10) as “Information...which is required for the design, development, production, manufacture, assembly, operation, repair, testing, maintenance or modification of defense articles.” Failure to obtain an export control license or other required authorization from the appropriate U.S. Government agency when such a license is required may result in criminal liability under U.S. law. The Disclosing Party’s written consent authorizing the export of the Disclosing Party’s Proprietary Information, although required under this Agreement, does not constitute a governmental authorization or an export license for the export of Proprietary Information.Each party acknowledges and agrees that its obligations regarding the export of Technical Data, Proprietary Information shall include “deemed export” to Foreign Persons (i.e., disclosing such information to Foreign Persons, whether in the United States or elsewhere). “Deemed export” includes disclosure of such information to all Foreign Persons (as defined below), including Foreign Persons who may be in the employ of, present in the facilities of, or in contact with Company or AV outside their respective business facilities. A “Foreign Person” is any individual or entity that qualifies as a “foreign person” as defined in 22 CFR § 120.16, which includes any (i) individual who is not a citizen of the United States (ii) individual who is not Lawful Permanent Resident (Green Card Holder) of the United States; (iii) individual who is not a protected individual; and (iv) business entity that is not incorporated or organized as a business entity in the United States. Each party acknowledges and agrees that it will not provide any Technical Data to any Foreign Persons (including its Representatives) unless an export license is in place that covers and permits the provision of such Technical Data to such Foreign Person(s). By purchasing, each party agrees that it will take all reasonable measures to protect the Technical Data and Proprietary Information from disclosure to any Foreign Persons in violation of Export Control Laws. Company also agrees to require all of its Representatives to which it discloses Proprietary Information to comply with all Export Control Laws.
Entire Agreement: This Agreement constitutes the final agreement between the parties with respect to the matters contained in this Agreement. It is the complete and exclusive expression of the parties agree on the matters contained in this Agreement. All prior and contemporaneous negotiations and agreements between the parties on the matters contained in this Agreement are expressly merged into and superseded by this Agreement unless directed otherwise by Montana Armament Group LLC in writing. There are no conditions precedent to the effectiveness of this Agreement other than those expressly stated in this Agreement. The ‘Seller’ reserves the right, at its discretion, to change, modify, add, or remove portions of these terms at any without notification to the ‘Buyer’. The ‘Buyer’ shall have twenty-four (24) hours from the initial receipt of this agreement to reject its entirety and cancel the order without fault, after the twenty-four (24) hour period has expired this agreement will be deemed accepted and binding.