Terms and Conditions of Sale
These terms and conditions of Sales (“Terms”) constitute the complete and final agreement and understanding between the purchaser (“Buyer”) and., a California BlinkTac (“Seller”, or “BlinkTac Inc”). BlinkTac’s acceptance of any order is expressly conditional upon Buyer’s agreement to the Terms. BlinkTac retains the right to modify these Terms and Conditions at any time, and any such modification shall be effective for all Buyers when adopted by BlinkTac and published at www.BlinkTac.com
RESALE: Customer is purchasing for resale purposes only. Customer agrees to obtain and maintain a state resale number and certificate in the state in which Customer conducts its business.
COMPLIANCE WITH LAWS: Customer shall obtain and maintain all necessary federal, state, and municipal business licenses and permits for its retail firearms and/or related accessories business.
PAYMENT: Payment will be made before the shipment of the product. Contact us for available payment options.
SHIPPING: Customer is responsible for all shipping costs, taxes, duties, and adhering to customer’s local customs laws and restrictions.
LIABILITY: BlinkTac. will not be held responsible for any lawsuits caused by improper or run safe use of any products purchased from BlinkTac.
Export of body armor or related accessories are strictly regulated by the US Department of State in accordance with the guidelines of the International Traffic in Arms Regulations (ITAR) and/or Export Administration Regulations (EAR).
Items listed on our website fall under the jurisdiction of the Export Administration Regulations (EAR) and International Traffic in Arms Regulations (ITAR), and are subject to the export control laws of the US Government. Export or re-transfer of those items by any means to any foreign end-user or for any other end-use, whether in the US or abroad without the written approval of the US Department of Commerce or Department of State is prohibited.
The sale, transfer, transportation, or shipment outside of the US of any product prohibited or restricted for export without complying with US export control laws and regulations, including proper export licensing, documentation, or authorization, is strictly prohibited and may result in civil penalties and/or constitute a federal crime. BlinkTac will not engage in any transaction that requires the illegal export of any products and will not assist directly or indirectly with the illegal export or re-export of any products.
TERMS: Standard payment term is prepaying before shipment. If the Buyer fails to make payment to BlinkTac, the entire order will be held until payment is clear from the bank. In case of default by Buyer, BlinkTac may cancel any outstanding order(s) from Buyer. Each check returned to BlinkTac for NSF will be charged a $30 fee. Buyer agrees to assume and pay any and all costs of collection of any valid debt, including reasonable attorney’s fee, cost of suit, and any other expense connected to collection. BlinkTac reserves the right to refuse orders from any Buyer for any reason.
ORDER CONFIRMATION: Pricing and availability of products are subject to change without notice. In-stock products are reserved for a Buyer only after the price and quantity are confirmed by an invoice. Orders that are confirmed and/or processed for shipment cannot be changed. The standard turnaround time is 24-48 hours (1-2 business days) from payment cleared to shipment for in-stock items. More time may be required for special requests or packaging. Expedite requests may be subject to an additional fee.
FREIGHT: BlinkTac will select UPS or another common freight carrier unless otherwise directed by the Buyer. Additional shipping insurance is available at Buyer’s expense. If Buyer has special packing and shipping requests, those must be stated in writing when placing orders, and are subject to BlinkTac’s approval. To immediately, upon receipt examine the product delivered, Buyer agrees to advise BlinkTac of any shipment or package loss, missing, or damage within one (1) business day.
DELIVERIES: Quotation of shipping dates are based on the best information available from common carriers. BlinkTac shall not be held for any damage, consequential or otherwise, arising from any delay or late delivery beyond BlinkTac’s control.
DELAY: If the buyer requests a deferral of deliveries, BlinkTac’s agreement to defer delivery shall not excuse the Buyer from its obligation to pay for the goods at the same time and in the same quantities as the original delivery schedule. In addition to adhering to the original payment, the Buyer shall pay such storage charges as BlinkTac may access for storing the goods awaiting delivery. Unpaid orders won’t be reserved for deferral of deliveries.
SHIPMENT SHORTAGE/ERROR: Buyer shall inspect Products upon receipt and must give BlinkTac notice within three (3) business days after the date of delivery, of any shortage or perceived error. Failure of the Buyer to inspect and give notice as required shall constitute a waiver of any shortage or error. A shipping label may be issued to return the incorrect product shipped.
ERROR: BlinkTac reserves the right to correct clerical or stenographic errors or omissions.
WARRANTY: BlinkTac offers a Limited thirty (30) days Warranty against defects in materials and workmanship. All products claimed to be defective shall be held subject to inspection and confirmation of use according to the manufacturer’s recommendations by BlinkTac before the warranty is honored. No returns for credit will be allowed without BlinkTac’s prior permission. BlinkTac retains the option to repair or replace products or credit the original purchase price. BlinkTac’s liability for breach of warranty hereunder is limited solely to the replacement of the defective good, which shall be returned to BlinkTac, or the purchase price excluding shipping. Failure to give notice of warranty claim within thirty (30) days from the date of the delivery shall constitute a waiver of warranty.
BlinkTac warrants the goods supplied under an invoice (the “Goods”) shall conform to the description stated. The foregoing warranties are BlinkTac’s sole warranty with respect to these goods. Except as provided herein, BlinkTac disclaims all warranties, express or implied, including any warranty of merchantability, fitness for a particular purpose, or non-infringement.
In no event shall BlinkTac be responsible under its warranty for any defect that is caused by the negligence of a buyer or a third party, static discharge, misuse of a product, or mistreatment of a product.
BlinkTac shall have no responsibility for any product that has been altered or modified in any way. BlinkTac shall have no liability or responsibility for any components or labor added to any product after receipt by the Buyer.
BlinkTac shall have no responsibility to the extent and defect or failure is caused by non-compatibility of the products with the other components used by Buyer.
It is expressly agreed that any technical information or suggestions furnished by BlinkTac with regard to the use of its products are given as a gratuity only. BlinkTac assumes no obligation or liability for the information or results obtained. Any information is provided solely at Buyer’s risk. Buyer assumes sole responsibility for determining the suitability of the product for its intended use and Buyer is solely responsible for the design, data input, specifications, subsequent manufacture, and use of the product sold. BlinkTac shall not be liable for any consequential injuries or damages, or for claims for labor loss of profit, repair, transportation, or other expense incidental to replacement of the material and/or products sold as a component or incorporated into a system of its own design and sold as such a system for a specific application.
RETURNS: Returned item(s) must be in original packing and attached with your name, shipping address, contact number, a brief description of the problem, a copy of your receipt of purchase.
Shipping charges for product returns are non-refundable.. reserves the right to charge a 20% restocking fee on all returned items.
Note: Return shipping charges are the customer’s responsibility. If the incorrect product was shipped by our error, a shipping label may be issued to return the items. recommends that you ship your return package using a carrier that offers shipment tracking and insure the package for the full value of the shipment so you are protected if the shipment is lost or damaged in transit.
INDEMNITY AND LIMITATION OF LIABILITY: Buyer agrees to indemnify and hold harmless BlinkTac from any claim, award, liability, expense, judgment, or another cost including reasonable attorneys’ fees and cost of suit, for any matter arising from or relating to Buyer’s purchase, installation, re-sale or use of products to the extent allowable by law. Buyer expressly understands and agrees that BlinkTac and its affiliates, employees, agents, and partners shall not be liable for any direct, indirect, incidental, special, exemplary, consequential, or punitive damage of any kind including loss of profit, goodwill, use, or intangible losses resulting from use, or inability to use, products or services, the cost of procurement of substitute goods and services, labor that may be required for the replacement of the said product, whether for breach of warranty, negligence, on the basis of strict liability or for any other reason to the fullest extent allowable by law. BlinkTac’s liability to Buyer, whether in contract, in tort, under any warranty, or in negligence, shall not exceed the return of the amount of the purchase paid by Buyer, and under no circumstances shall BlinkTac be liable for special, indirect, or consequential damage. No action, regardless of form, arising out of the transactions under this invoice may be brought by the Buyer more than one (1) year after the date of this invoice.
GOVERNING LAW: The sole forum for any dispute arising from these terms and conditions shall be the California Superior Court for the County of Fresno. ENTIRE AGREEMENT AND AMENDMENTS: These terms and conditions constitute the entire agreement between the parties and supersede all previous communications, whether oral or written.