Terms and Conditions

PLEASE READ THIS DOCUMENT CAREFULLY! 

IT CONTAINS VERY IMPORTANT  INFORMATION ABOUT YOUR RIGHTS AND OBLIGATIONS, AS WELL AS LIMITATIONS  AND EXCLUSIONS THAT MAY APPLY TO YOU. 

THIS DOCUMENT CONTAINS A DISPUTE  RESOLUTION CLAUSE.

This Agreement contains the terms and conditions that apply to your  purchase from Alberta Tactical Rifle Supply, a Canadian Corporation  (“ATRS”, “our” or “we”) that will be provided to you (“Customer”) on  orders for firearms, accessories and/or other products and/or services  sold in Canada. By accepting delivery of the products and/or services  described on the invoice, Customer agrees to be bound by and accepts  these terms and conditions.

THESE TERMS AND CONDITIONS APPLY UNLESS THE CUSTOMER HAS SIGNED A  SEPARATE PURCHASE AGREEMENT WITH ATRS, IN WHICH CASE THE SEPARATE  AGREEMENT SHALL GOVERN.

These terms and conditions are subject to change without prior written notice at any time, in ATRS’s sole discretion.

1. OTHER DOCUMENTS

Other than as specifically provided in any separate formal purchase  agreement between Customer and ATRS, these terms and conditions may NOT  be altered or amended by the use of any other document(s). Any attempt  to alter or amend this document or to enter an order for product(s) or  services and support that are subject to altered terms and conditions  will be null and void, unless otherwise agreed to in a written agreement  signed by both Customer and ATRS.

2. GOVERNING LAW. 

THIS AGREEMENT AND ANY SALES THEREUNDER SHALL BE  DEEMED TO HAVE BEEN MADE IN THE PROVINCE OF ALBERTA AND SHALL BE  CONSTRUED AND INTERPRETED ACCORDING TO THE LAWS OF THE PROVINCE OF  ALBERTA AND THE APPLICABLE LAWS OF CANADA. THE PARTIES HEREBY AGREE TO  THE NON-EXCLUSIVE JURISDICTION OF THE COURTS OF THE PROVINCE OF ALBERTA.

3. PAYMENT TERMS; ORDERS; QUOTES; INTEREST

Terms of payment are within ATRS’s sole discretion, and unless  otherwise agreed to by ATRS, payment must be received by ATRS prior to  ATRS’s acceptance of an order. Payment for the products and services may  be made by credit card, EMT/EFT, or some other prearranged payment  method unless credit terms have been agreed to by ATRS. If credit terms  have been agreed to by ATRS, invoices are due and payable within thirty  (30) days after the date of the invoice. ATRS may invoice parts of an  order separately. Orders are not binding upon ATRS until accepted by  ATRS. Any quotations given by ATRS will be valid for the period stated  on the quotation. Customer agrees to pay interest on all amounts past  due at a rate of three percent 3.0% per month.

4. SHIPPING CHARGES; TAXES

Separate charges for shipping and handling will be shown on the  invoice(s). Unless Customer provides ATRS with a valid and correct tax  exemption certificate applicable to the product ship-to location prior  to ATRS’s acceptance of the order, the Customer is responsible for goods  and services tax, sales and all other taxes associated with the order,  however designated, except taxes on ATRS’s net income. If applicable, a  separate charge for taxes will be shown on the invoice.

5. TITLE; RISK OF LOSS

Title to products passes from ATRS to Customer on shipment from  ATRS’s facility. Loss or damage that occurs during shipping is  Customer’s responsibility. ATRS is not liable for delays in shipment or  failure to ship by the estimated ship date. ATRS ships ALL packages  insured to the full value of the contents of the package, no  exceptions. ATRS will assist customer with, but is not liable for, their  insurance claim against the shipping company/courier for loss or  damage. 

6. WARRANTIES

A.  GENERAL WARRANTIES

THE LIMITED WARRANTIES APPLICABLE TO PRODUCTS SOLD BY ATRS ARE THE  SOLE RESPONSIBILITY OF THE PRODUCT MANUFACTURER OFFERING SUCH  WARRANTIES. ATRS DISCLAIMS ALL WARRANTIES AND CONDITIONS, EXPRESS OR  IMPLIED, INCLUDING WITHOUT LIMITATION IMPLIED WARRANTIES OR CONDITIONS  OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. ATRS’S SOLE  RESPONSIBILITY FOR WARRANTY CLAIMS IS LIMITED TO ASSISTING THE CUSTOMER  TO CONTACT THE MANUFACTURER. SOME PROVINCES DO NOT PERMIT THE EXCLUSION  OF CERTAIN IMPLIED WARRANTIES OR CONDITIONS OR LIMITATIONS ON HOW LONG  AN IMPLIED WARRANTY OR CONDITION LASTS IN CONSUMER TRANSACTIONS.  THEREFORE THE FOREGOING DISCLAIMERS MAY NOT APPLY TO YOU.

B.  ATRS BRAND PRODUCT WARRANTIES

ALBERTA TACTICAL RIFLE SUPPLY WARRANTS TO THE ORIGINAL PURCHASER THAT  ALL ATRS MANUFACTURED PRODUCTS SHALL BE FREE FROM DEFECTS IN MATERIAL  OR WORKMANSHIP AT THE TIME OF SHIPMENT. OUR OBLIGATION UNDER  THIS WARRANTY IS LIMITED TO REPAIR OR REPLACEMENT OF PRODUCTS THAT ARE  DEFECTIVE IN MATERIAL OR WORKMANSHIP AT THE TIME OF SHIPMENT, PROVIDING  THEY WERE USED WITHIN THE SPECIFIED RATINGS AND INSTALLED IN ACCORDANCE  WITH GOOD ENGINEERING PRACTICE, AND PROVIDING SAID PRODUCTS ARE PROVED  BY OUR EXAMINATION TO BE DEFECTIVE AND RETURNED TO US. ALBERTA  TACTICAL RIFLE SUPPLY DISCLAIM ANY AND ALL OTHER WARRANTIES; EITHER  EXPRESSED OR IMPLIED, AND SPECIFICALLY DISCLAIMS ANY LIABILITY FOR  INDIRECT EXEMPLARY OR CONSEQUENTIAL DAMAGE. THIS WARRANTY DOES  NOT EXTEND TO ANY OF OUR PRODUCTS WHICH HAVE BEEN SUBJECT TO MISUSE,  NEGLECT, ACCIDENT, IMPROPER APPLICATION OR INSTALLATION, NOR SHALL IT  EXTEND TO MATERIAL WHICH HAS BEEN ALTERED OR REPAIRED OUTSIDE  MANUFACTURER’S FACTORY.

7. SALES POLICY

All Sales Are Final. No Refund. No Exchange.

8. RETURN POLICIES

ATRS, at its sole discretion, may permit the return of product, for  purpose of repair or other reason, but any return must first be  authorized by ATRS.

9. EXCHANGES

From time to time, ATRS may, in its sole discretion, exchange products or portions of a product.

10. PRODUCTS

ATRS continually upgrades and revises its products/inventory to  provide its customers with new choices. ATRS (and the product  manufacturers) may revise and discontinue products at any time without  prior notice to customers. ATRS will ship products that have the  functionality and performance of the products ordered, but changes  between what is shipped and what is described in a specification sheet  or catalogue are possible.

11. LIMITATION OF LIABILITY. 

ATRS (INCLUDING ATRS’S PARENTS,  AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES OR AGENTS) DOES NOT ACCEPT  LIABILITY BEYOND THE REMEDIES SET FORTH HEREIN, INCLUDING ANY LIABILITY  FOR PRODUCTS NOT BEING AVAILABLE FOR USE. ATRS WILL NOT HAVE ANY  LIABILITY FOR ANY DAMAGES ARISING FROM THE USE OF THE PRODUCTS IN ANY  HIGH RISK ACTIVITY, INCLUDING, BUT NOT LIMITED TO, LAW ENFORCEMENT  DUTIES, TRAINING, OR MILITARY OPERATIONS, ATRS WILL NOT BE LIABLE FOR  LOST PROFITS, LOSS OF BUSINESS, OR OTHER INCIDENTAL, INDIRECT,  CONSEQUENTIAL, SPECIAL OR PUNITIVE DAMAGES, EVEN IF ADVISED OF THE  POSSIBILITY OF SUCH DAMAGES, OR FOR ANY CLAIM BY ANY THIRD PARTY EXCEPT  AS EXPRESSLY PROVIDED HEREIN. CUSTOMER AGREES THAT FOR ANY LIABILITY  RELATED TO THE PURCHASE OF PRODUCTS OR SERVICES, ATRS IS NOT LIABLE OR  RESPONSIBLE FOR ANY AMOUNT OF DAMAGES ABOVE THE AGGREGATE DOLLAR AMOUNT  PAID BY CUSTOMER FOR THE PURCHASE OF PRODUCTS AND/OR SERVICES UNDER THIS  AGREEMENT. THE FOREGOING LIMITATIONS APPLY REGARDLESS OF THE CAUSE OR  CIRCUMSTANCES GIVING RISE TO SUCH LOSS, DAMAGE OR LIABILITY, EVEN IF  SUCH LOSS, DAMAGE OR LIABILITY IS BASED ON NEGLIGENCE OR OTHER TORTS OR  BREACH OF CONTRACT (INCLUDING FUNDAMENTAL BREACH OR BREACH OF A  FUNDAMENTAL TERM). NEITHER ATRS NOR CUSTOMER MAY INSTITUTE ANY ACTION IN  ANY FORM ARISING OUT OF THIS AGREEMENT MORE THAN SIX (6) MONTHS AFTER  THE CAUSE OF ACTION HAS ARISEN, OR IN THE CASE OF NONPAYMENT, MORE THAN  SIX (6) MONTHS FROM THE DATE OF LAST PAYMENT. SOME PROVINCES DO NOT  ALLOW THE EXCLUSION OF LIMITATION OF (I) INCIDENTAL OR CONSEQUENTIAL  DAMAGES OR (II) IMPLIED WARRANTIES OR CONDITIONS, SO THE ABOVE  EXCLUSIONS MAY NOT APPLY.

12. DISPUTE RESOLUTION

A. ACKNOWLEDGMENTS

Customer acknowledges that ATRS possesses valuable confidential and  proprietary information, that would be damaging to ATRS if revealed in  open court. The parties further acknowledge and agree that it is  preferable to resolve all disputes between them confidentially,  individually, and in an expeditious and inexpensive manner. The parties  accordingly acknowledge and agree that private dispute resolution is  preferable to court actions.

B. GOOD FAITH NEGOTIATION

Before commencing any arbitration in the manner set out in Subsection  13(c) below, the parties shall first attempt to resolve any dispute or  differences between them by way of good faith negotiation. The good  faith negotiation shall commence by each party communicating their  position regarding the complaint, claim, dispute, or controversy to the  other party, and how the parties should resolve the dispute. The parties  shall then make good faith efforts to negotiate a resolution of the  claim, dispute, or controversy. Neither party shall commence any  arbitral proceedings unless and until the good faith negotiation fails.

C. ARBITRATION

ANY CLAIM, DISPUTE, OR CONTROVERSY (WHETHER IN CONTRACT, TORT, OR  OTHERWISE, WHETHER PREEXISTING, PRESENT OR FUTURE, AND INCLUDING  STATUTORY, COMMON LAW, INTENTIONAL TORT AND EQUITABLE CLAIMS CAPABLE IN  LAW OF BEING SUBMITTED TO BINDING ARBITRATION) AGAINST Alberta Tactical  Rifle Supply., its agents, employees, officers, directors, successors,  assigns or affiliates (collectively for purposes of this paragraph,  “ATRS”) arising from or relating to this Agreement, its interpretation,  or the breach, termination or validity thereof, the relationships  between the parties, whether pre-existing, present or future,  (including, to the full extent permitted by applicable law,  relationships with third parties who are not signatories to this  Agreement), ATRS’s advertising, or any related purchase SHALL BE  RESOLVED EXCLUSIVELY AND FINALLY BY BINDING ARBITRATION ADMINISTERED BY  THE NATIONAL ARBITRATION FORUM (“NAF”) under its Code of Procedure and  any specific procedures for the resolution of small claims and/or  consumer disputes then in effect (available via telephone at  1-800-474-2371). The arbitration will be limited solely to the dispute  or controversy between Customer and ATRS. Any award of the arbitrator(s)  shall be final and binding on each of the parties, and may be entered  as a judgment in any court of competent jurisdiction.

D. INJUNCTIVE RELIEF AND PROVISIONAL RELIEF IN AID OF ARBITRATION

Notwithstanding the provisions in this Section 12 or anywhere else in  this Agreement, ATRS shall have the right to seek and obtain any  provisional or interim relief from any court of competent jurisdiction  to protect its trademark or property rights or to preserve the status  quo pending good faith negotiation and/or arbitration.

13. APPLICABLE LAW; NOT FOR RESALE

Customer agrees to comply with all applicable laws and regulations of  the various provinces and of Canada. Customer agrees and represents  that it is buying for its own use only, and not for resale.  ATRS has  separate terms and conditions governing resales.

14. EXPORTS

The Customer acknowledges that the Products sold hereunder are  subject to, and Customer agrees to comply with the export control laws  and regulations of Canada and the United States. Firearms, firearm  parts/components and accessory items are export controlled under the  International Traffic in Arms Regulations (ITAR). These products cannot  be exported from Canada without a license approval from DFAIT (in  Ottawa) and approval from the DDTC (US State Department) which  authorized the original export to Canada under an appropriate license.  See www.pmddtc.state.gov for additional information.

15. HEADINGS

The section headings used herein are for convenience of reference  only and do not form a part of these terms and conditions, and no  construction or inference shall be derived therefrom.

16. FORCE MAJEURE

ATRS shall not be liable for any delay or failure in performance caused by circumstances beyond its reasonable control.

17. PRICE DISCLAIMER

ALL PRICES ARE SUBJECT TO CHANGE WITHOUT NOTICE.  ATRS is not  responsible for typographical errors or any wacky digital weirdness,  which may occur. Not all items are as pictured.