STRAYER-VOIGT, LLC
TERMS AND CONDITIONS OF SALE
- The purchase order received by Strayer-Voigt, LLC d/b/a Infinity
Firearms (SV) from the undersigned (Buyer) is subject to the following
Terms and Conditions of Sale. These Terms and Conditions shall apply
to Buyer's purchase order, irrespective of any contrary provisions in
the purchase order or other documentation. The purchase order and
these Terms and Conditions, and the terms incorporated herein by
reference, constitute the entire agreement between the parties and may
not be modified except as expressly provided below.
- Prices and charges are stated in U.S. dollars on SV’s website,
www.sviguns.com (Website). The terms for payment are also set forth on
the Website.
- In the event the on-line price quote system generates an
inaccurate price due to a programming, data entry or other error, SV
shall not be bound by the quote, but will obtain customer approval
before billing at the corrected price.
- All taxes and other governmental charges upon the production,
sale, shipment, or use of the product which SV produces for Buyer
shall be paid by Buyer.
- All shipping and associated costs will be the responsibility of
the Buyer. Shipping is FOB from Gordon, TX, with title and risk of loss passing to buyer upon delivery of product to the common carrier.
The buyer will be provided with a tracking number from
a recognized carrier for all purchased products. Buyer has the right to purchase additional insurance at their expense prior to being shipped.
- The 50% down payment is required within 30 minutes of confirmation receipt, on the design you selected. Should you not confirm your payment within the 15-minute window, you will lose your deisgn. Balances will be due 30 days prior to shipment once notified by the factory as to estimated completion date.
- Buyer’s payment of a deposit with its purchase order is
non-refundable and represents a down payment. SV dedicates specific
engineering and administrative overhead to each custom pistol order,
and Buyer’s deposit is deemed to be earned by SV upon receipt by
SV.
- Any changes or revisions to Buyer’s original purchase order will
be subject to a price adjustment, determined by SV in its sole
reasonable discretion.
- Orders cannot be canceled or modified either in whole or in part
without the prior written consent of SV, such consent to be provided
in SV’s sole discretion.
- SV’s custom pistols and other products are sold subject to the
limited warranty set forth on the Website. Except for such limited
warranty, SV PRODUCTS ARE SOLD ON AN “AS IS” BASIS. USE OF THE PRODUCT
IS AT USER’S SOLE RISK, AND TO THE FULLEST EXTENT PERMITTED BY
APPLICABLE LAW, SV DISCLAIMS ALL OTHER WARRANTIES, WHETHER EXPRESS OR
IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF
MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
- IN NO EVENT WILL SV BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING
FROM OR IN CONNECTION WITH ITS PRODUCTS, INCLUDING, BUT NOT LIMITED TO
DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, AND CONSEQUENTIAL
DAMAGES. THE FOREGOING LIMITATION SHALL APPLY REGARDLESS OF THE FORM
OF ACTION AND WHETHER IN CONTRACT, BREACH OF WARRANTY (EXCEPT FOR THE
LIMITED WARRANTY DESCRIBED ABOVE), TORT, NEGLIGENCE, STATUTORY
LIABILITY, STRICT LIABILITY, OR OTHERWISE. TO THE EXTENT THIS
LIMITATION IS DEEMED INVALID OR OTHERWISE UNENFORCEABLE BY A COURT OF
COMPETENT JURISDICTION, FOR ANY REASON, AND IN ANY OTHER EVENT, TO THE
EXTENT SV IS FOUND LIABLE BY A COURT OF COMPETENT JURISDICTION FOR ANY
LIABILITY WHATSOEVER, SV’S AGGREGATE LIABILITY UNDER OR IN CONNECTION
WITH THIS AGREEMENT OR ITS SUBJECT MATTER, UNDER ANY LEGAL OR
EQUITABLE THEORY, INCLUDING BREACH OF CONTRACT, TORT (INCLUDING
NEGLIGENCE), STRICT LIABILITY, AND OTHERWISE, SHALL NOT EXCEED THE
PRICE PAID BY BUYER TO SV FOR THE SUBJECT PRODUCT.
- Any claim, action, suit, proceeding or dispute arising out of this
agreement shall in all respects be governed by, and interpreted in
accordance with, the substantive law of the State of Texas, without
regard to the conflicts of laws provisions thereof. The parties hereby
consent, acknowledge and agree that venue and jurisdiction for any
action, suit or proceeding arising out of this agreement shall vest
exclusively in the federal or state courts of general jurisdiction
located in Dallas County, Texas.
- All communications between the parties regarding the subject
matter hereof, including changes to Buyer’s purchase order, shall be
in writing and submitted through SV’s online communication
system. Communications emailed or otherwise transmitted to SV
employees or other representatives shall not form the basis of any
part of the contractual relationship between the parties.
By clicking the “I agree...” button, I am agreeing to present these
Terms and Conditions of Sale electronically, which action I hereby
adopt as my electronic signature. I affirmatively consent and agree
that my electronic signature hereon has the same effect as if I signed
these Terms and Conditions of Sale in ink.