Terms of service
PLEASE READ THESE TERMS AND CONDITIONS OF SALE (“SALE AGREEMENT”) VERY CAREFULLY. THE CUSTOMER AGREES TO BE BOUND BY THIS SALE AGREEMENT AND ACCEPTS ITS TERMS AND CONDITIONS (UNLESS THE CUSTOMER HAS SIGNED A SEPARATE FORMAL PURCHASE AGREEMENT WITH VulcanChecks LLC, dba Penfield Armory, IN WHICH CASE THE SEPARATE AGREEMENT SHALL GOVERN).
This Sale Agreement is a legal contract between the Customer and VulcanChecks LLC, dba Penfield Armory. The Customer accepts this Sale Agreement by making a purchase, placing an order, or otherwise shopping on the Site. (References to “you” or “your” shall relate to the Customer; references to “VulcanChecks LLC, dba Penfield Armory” shall relate to VulcanChecks LLC, dba Penfield Armory and its affiliates.) The terms and conditions of this Sale Agreement are subject to change without prior notice, except that the terms and conditions posted on the Site at the time the Customer initially places or modifies an order will govern the order in question.
This Sale Agreement constitutes the entire agreement between the Customer and VulcanChecks LLC, dba Penfield Armory relating to the purchase or sale of goods or services on the Site. The Sale Agreement may only be modified or terminated with regard to goods or services that have been purchased or sold on the Site in a writing signed by VulcanChecks LLC, dba Penfield Armory. Electronic records (including signatures), that are otherwise valid, shall be accepted under the Sale Agreement. The Customer consents to receiving electronic records, which may be provided via a web browser or e-mail application connected to the Internet; consumers may withdraw consent to receiving electronic records or have the record provided in non-electronic form by contacting VulcanChecks LLC, dba Penfield Armory at the address provided below.
In the event of any conflict between the terms and conditions stated on your purchase order and this Sale Agreement or any terms and conditions on our invoice, you agree that the provisions of this Sale Agreement and our invoice shall control.
THIS AGREEMENT AND ANY SALES HERE UNDER SHALL BE GOVERNED BY THE LAWS OF THE STATE OF NEW YORK, WITHOUT REGARD TO CONFLICTS OF LAWS RULES. THE CUSTOMER CONSENTS TO THE JURISDICTION OF THE FEDERAL OR STATE COURTS LOCATED IN MONROE COUNTY, NEW YORK FOR PURPOSES OF ANY SUIT, ACTION OR PROCEEDING ARISING OUT OF THIS SALE AGREEMENT.
RISK OF LOSS:
Title to goods herein being purchased passes to the purchaser upon delivery of the goods to the purchaser, unless otherwise specified. Loss or damage that occurs during shipping by a carrier is VulcanChecks LLC, dba Penfield Armory’s responsibility.
GENERAL LEGAL DISCLAIMER:
VulcanChecks LLC, dba Penfield Armory HEREBY EXPRESSLY DISCLAIMS ALL WARRANTIES EITHER EXPRESSED OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. THIS DISCLAIMER BY VulcanChecks LLC, dba Penfield Armory IN NO WAY AFFECTS THE TERMS OF THE MANUFACTURER’S WARRANTY, IF ANY.
PRICING AND INFORMATION DISCLAIMER:
All pricing subject to change without notice. For all prices, products and offers, VulcanChecks LLC, dba Penfield Armory reserves the right to make adjustments due to changing market conditions, product discontinuation, manufacturer price changes, errors in advertisements and other extenuating circumstances. While VulcanChecks LLC, dba Penfield Armory uses reasonable efforts to include accurate and up-to-date information on the Site, VulcanChecks LLC, dba Penfield Armory makes no warranties or representations as to the Site’s accuracy. VulcanChecks LLC, dba Penfield Armory assumes no liability or responsibility for any errors or omissions in the content on the Site.
MADE IN THE USA LOGOS:
All “Made In The USA” information is taken directly from the manufacturer, their brochures or public information. VulcanChecks LLC, dba Penfield Armory makes no warranties as to the legitimacy of the claims. The “Made In The USA” logo is used to signify that either all of the products, components and labor is done within the U.S., or the product is assembled in the U.S. of U.S. and foreign components.
LIMITATION OF LIABILITY:
VulcanChecks LLC, dba Penfield Armory will not be liable for lost profits, loss of business or other consequential, special, indirect, 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. VulcanChecks LLC, dba Penfield Armory will not be liable for products or services not being available for use or for lost or corrupted data or software. Customer agrees that for any liability related to the purchase of products or services, VulcanChecks LLC, dba Penfield Armory is not liable or responsible for any amount of damages above the aggregate dollar amount paid by customer for the purchase(s) under this agreement.
It is the responsibility of the buyer, not VulcanChecks LLC, dba Penfield Armory to ascertain and obey all applicable local, state and federal laws in regard to the possession and use of any item purchased from VulcanChecks LLC, dba Penfield Armory. All products are sold upon the condition that we, the seller, shall not be liable in any action for the arrest, accident, or injury occasioned during the transportation, handling, storage, sale, or use of the merchandise. Consult your local and state laws before ordering if you are in doubt. Absolutely no sales to minors. By placing an order, the buyer represents that the products ordered will be used in a lawful manner and that he/she is of legal age. VulcanChecks LLC, dba Penfield Armory or any of its employees will not be held liable for the misuse of any product purchased from us. When you purchase an item from VulcanChecks LLC, dba Penfield Armory, you release VulcanChecks LLC, dba Penfield Armory and any or all of their employees of any liability regarding your actions concerning the sale, use, ownership and shipping of any products ordered.
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) arising from or relating to this Sale Agreement, its interpretation, or the breach, termination or validity thereof, the relationships which result from this Sale Agreement (including, to the full extent permitted by applicable law, relationships with third parties who are not signatories to this Sale Agreement), VulcanChecks LLC, dba Penfield Armory’s advertising, or any related purchase SHALL BE RESOLVED EXCLUSIVELY AND FINALLY BY BINDING ARBITRATION ADMINISTERED BY THE NATIONAL ARBITRATION FORUM (NAF) under the Code of Procedure of ARBITRATION-FORUM.COM (the “Code”) in effect at the time the claim is filed. The Code is available at http://www.arbitration-forum.com. Notwithstanding any choice of law provision included in this Sale Agreement, this arbitration agreement is subject to the Federal Arbitration Act (9 U.S.C. 1-16) and the New York Convention on the Enforcement of Arbitration Awards (9 U.S.C. 201-208 or as codified in the jurisdiction where enforcement of the award is sought). Hearings shall be held as provided by the Code and if any In-person Hearing is required, it shall be held in Monroe County, New York. Any court having jurisdiction may enter judgment on the award rendered by the arbitrator(s). Each party shall bear its own cost of any legal representation, discovery, or research required to complete arbitration.
ORDERS; PAYMENT TERMS; INTEREST; TAXES:
Orders are not binding upon VulcanChecks LLC, dba Penfield Armory until accepted by VulcanChecks LLC, dba Penfield Armory. Terms of payment are within VulcanChecks LLC, dba Penfield Armory’s sole discretion. Invoices are due and payable within the time period noted on the invoice, measured from the date of the invoice. VulcanChecks LLC, dba Penfield Armory may invoice parts of an order separately. Customer agrees to pay interest on all past-due sums at the highest rate allowed by law. The Customer is responsible for sales and all other taxes associated with the order. VulcanChecks LLC, dba Penfield Armory collects New York sales tax on all orders.
If for any reason you are not satisfied with your purchase, you may return it to us WITHIN 15 DAYS of receipt. Items must be returned in 100% resalable condition. Some product return exceptions apply:
We will deduct the shipping cost to you unless products are defective or we have made a shipping error.
Return shipping is solely the responsibility of the customer.
Regrettably in most cases, we cannot accept returns of firearms, night-vision products, airguns, holsters, rings, bases, black-powder guns, or ammunition.
If a product not included in the above list is defective/damaged upon receipt or not as advertised, you may return it to us for a refund or replacement within 30 days of receipt.
Products and packaging must be in the same condition as when they were shipped. You may be charged a 25% restocking fee if items are not returned in 100% resalable condition.
Product shipping errors on our part will be replaced, credited to your credit card or refunded at our discretion.
Canceled orders on in-stock products will be assessed a 20% restocking fee.
Special Orders canceled prior to the estimated time noted in the listing will be assessed a $25 cancellation fee. Orders changed after being placed will be assessed a $25 change fee. If a special ordered gun is canceled after arriving, there will be no refund on your deposit. No refunds on layaways.
We accept all major credit cards and process all of our transactions through EProcessing Network. Our eCommerce solution is PCI compliant and provides the highest level of consumer data protection and exceptional buyer and seller fraud protection.