All sales are subject to the following Terms & Conditions (“Terms”):
Skycrest Armory, LLC (“Seller”) sells surplus/used firearms, parts, and accessories (the “Products”) without making a prior determination to the amount of use, wear, breakage, or alteration that may be exhibited in the Products. ALL PRODUCTS ARE SOLD "AS IS" AND "WITH ALL FAULTS." SELLER EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESSED OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. Any and all purchasers of the Products (whether one or more, the “Buyer”) shall have the Products inspected, tested, and, if applicable, installed by qualified gunsmiths/armorers before use. Buyer hereby understands that the use of the Products without proper knowledge or inspection, testing, or installation by qualified gunsmiths/armorers could cause a firearm to malfunction and cause property damage, injury, or death.
When applicable, title and ownership of the Products shall transfer to Buyer only upon completion of all required U.S. Bureau of Alcohol, Tobacco, Firearms and Explosives (BATFE) paperwork, receipt of full payment by Seller, and physical delivery of the Products to Buyer. All sales are final unless specified otherwise. All items are shipped with “FOB Origin” designation. Seller assumes no responsibility for items lost or damaged in transit.
Buyer represents and warrants that they are legally permitted under all applicable federal, state, and local laws to purchase, own, and possess the Products. Buyer agrees to comply with all applicable laws and regulations regarding the purchase, transfer, possession, and use of the Products, including but not limited to the National Firearms Act (NFA), Gun Control Act (GCA), and all applicable state/local laws. Buyer acknowledges and agrees that the Products may be subject to the International Traffic in Arms Regulations (ITAR) and/or other federal regulations which may prohibit transfer of the Products to foreign persons or countries.
Buyer covenants and agrees not to initiate any claim, lawsuit, or legal proceeding against Seller related to the Products, except for claims arising from Seller's gross negligence or willful misconduct. Buyer acknowledges and agrees that in no event shall Seller be liable for any indirect, incidental, consequential, special, or punitive damages for the use of the Products. Buyer agrees to indemnify, defend, and hold harmless Seller against any claims, damages, or liabilities arising from Buyer's purchase or use of the Products.
To the extent not preempted by federal law, these Terms are governed by and construed in accordance with the laws of the state in which Seller resides without regard to its conflict of law provisions. If there is a lawsuit, Buyer shall submit to the jurisdiction of the circuit courts in Racine County, Wisconsin, or, if applicable, to the United States District Court of the Eastern District of Wisconsin located in Milwaukee, Wisconsin. In the event that Seller is located outside of the State of Wisconsin at the time of the lawsuit, then Buyer shall submit to the jurisdiction of the applicable state and federal courts where Seller then resides, and Buyer expressly and irrevocably consents to the jurisdiction of the applicable courts and waives any objections to such jurisdiction, including but not limited to, objections based on improper venue or forum non conveniens. If any provision contained in these Terms is found to be invalid or unenforceable, the remaining provisions shall remain in full force and effect.
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