PLEASE READ THESE TERMS AND CONDITIONS OF SALE (“SALE AGREEMENT”)
VERY CAREFULLY. THE CUSTOMER AGREES TO BE BOUND BY THIS SALE
AGREEMENT AND ACCEPTS ALL TERMS AND CONDITIONS STATED BELOW.
SALES AGREEMENT:
This Sale Agreement is a legal contract between the Customer and Midnite Supply
Company LLC . The Customer accepts this Sale Agreement by making a purchase,
placing an order, or otherwise shopping on all websites owned or operated by Midnite
Supply Company LLC (References to “you” or “your” shall relate to the Customer;
references to “MSC” shall relate to Midnite Supply Company LLC, its employees,
owners, and 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 an order will govern that specific order.
This Sale Agreement constitutes the entire agreement between the Customer and MSC
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 MSC. 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 MSC and receiving written acknowledgment of receipt by MSC.
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.
GOVERNING LAW:
THIS AGREEMENT AND ANY SALES HERE UNDER SHALL BE GOVERNED BY THE
LAWS OF THE STATE OF OREGON, WITHOUT REGARD TO CONFLICTS OF LAWS
RULES. THE CUSTOMER CONSENTS TO THE JURISDICTION OF THE FEDERAL
OR STATE COURTS LOCATED IN MULTNOMAH COUNTY, PORTLAND OREGON
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 postal or contract carrier designated for shipment of the order, unless
otherwise specified.
GENERAL DISCLAIMER:
MIDNITE SUPPLY COMPANY LLC 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 MSC IN NO WAY AFFECTS THE
TERMS OF THE MANUFACTURER’S WARRANTY, IF ANY. UNLESS ITEMS ARE
DESIGNED BY MIDNITE SUPPLY COMPANY LLC, IN WHICH WARRANTY IS 30
DAYS UPON DELIVERY OF ORDER AND IS REDEEMABLE ONLY IF PRODUCT IS
DEEMED MANUFACTURED DEFECTIVE UPON DELIVERY.
PRICING AND INFORMATION DISCLAIMER:
All pricing is subject to change without notice. For all prices, products, and offers, MSC
reserves the right to make adjustments for reasons including, but not limited to,
changing market conditions, product discontinuation, manufacturer price changes,
errors in advertised prices, and other extenuating circumstances. While MSC uses
reasonable efforts to include accurate and up-to-date information on the Site, MSC
makes no warranties or representations as to the Site’s accuracy. MSC assumes no
liability or responsibility for any errors or omissions in the content on the Site. MSC
reserves the right to cancel any order prior to shipment of said order.
Please be aware that items that are incorrectly listed on the site and subsequently
ordered may be cancelled at our discretion. In the event of a conflict in the description
of an item we reserve the right to remove the conflicting information once notified. We
make no warranty on the accuracy of a product listing when a conflict in the product
information is present. Photos shown may not be of the actual item being shipped, and
may show options not included in the item being sold. Photos are provided for general
identification purposes only and may show optional or additional pieces for illustration
purposes that are not included, please refer to the product description for details.
LIMITATION OF LIABILITY:
Midnite Supply Company LLC, its employees, ensigns, agents, and owners, 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. MSC 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,
MSC is not liable or responsible for any amount of damages above the aggregate dollar
amount paid by customer for the purchase(s) made pursuant to this agreement.
It is the responsibility of the buyer, not MSC, to ascertain and obey all applicable local,
state and federal laws in regard to the possession and use of any item purchased from
MSC. 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. By placing an order, the buyer represents that the
products ordered are legal to possess or transfer within their state of residence, the
products will be used in a lawful manner, and that Customer is of legal age to purchase
all products ordered. MSC 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 MSC, you release
MSC and any or all of their employees of any liability regarding your actions concerning
the sale, use, ownership, and shipping of any products ordered.
ORDERS, PAYMENT TERMS, INTEREST, AND TAXES:
Orders are not binding upon MSC until accepted by MSC. Terms of payment are within
MSC’s sole discretion. Invoices are due and payable within the time period noted on the
invoice, measured from the date of the invoice. MSC may invoice parts of an order
separately. Customer agrees to pay interest on all past-due sums at the highest rate
allowed by Oregon law. The Customer is responsible for sales and all other taxes
associated with the order. MSC may collect sales tax on all orders shipped outside of
Oregon.
SHIPPING A FIREARM, FFLs, AND TRANSFER OF OWNERSHIP:
MSC will transfer ownership of any firearm ONLY to individuals or agencies in
possession of a valid Federal Firearms License (FFL). This means we cannot ship
directly to you (unless you have a valid FFL necessary for the proposed transfer).
At your request, MSC will transfer your purchased firearm to a licensed gun dealer in
your state.
It is your responsibility to ensure that a firearm is legal to own in your state.
It is your responsibility to complete all required paperwork when you pick up your
purchase from your local dealer.
It is your responsibility to contact your FFL dealer.
Be aware that it is customary for your local dealer to charge a transaction fee at
the time you pick up your purchase. This transfer fee is strictly between you and
your local dealer.
It is your responsibility to check with your local dealer concerning any policy of
this kind and concerning your obligations. By purchasing a firearm from us you
acknowledge that you may have to pay your dealer a fee for transferring the gun
to you.
You, the buyer, are responsible for forwarding a copy of the FFL and all pertinent
contact information to Midnite Supply Company LLC.
PAYMENT, ORDER CANCELLATION, AND RESTOCKING FEE
All payments are processed immediately upon placement of the order. It is the
responsibility of the customer to know and be in compliance with all applicable federal,
state, and local laws related to selling, transferring, possessing, transporting or using a
firearm in the locality in which the customer resides.
Orders placed with MSC may be cancelled by the customer prior to the order’s
shipment, but such cancellations shall incur a 20% restocking fee. If the order, or any
part of the order, has shipped, the order may not be cancelled.
RETURNS; RESTOCKING FEE
All sales of Collectible items are FINAL, and returns are NOT ACCEPTED. Regarding
firearms or firearm parts by other manufacturers transferred to a customer's name, MSC
will not accept a return or exchange under any circumstance. If a defect is discovered
by the customer after shipment and transfer of ownership, the customer must contact
the firearm manufacturer directly for replacement or repair. MSC does not test
functionality of ANY items listed for sale that are not manufactured by MSC, unless
otherwise noted in the description of the item thus making MSC not liable if the product
should not function as intended upon receipt of the order.
All Other Purchases: Return shipping is solely the responsibility of the customer. If the
purchased item(s) is defective or damaged upon receipt and wishes to return it for a
refund or replacement, the customer may return the item(s) to MSC WITHIN 30 DAYS
of the date of receipt of delivery of the purchased item. All returned items must be in the
same condition as when they were shipped by MSC and must be returned in original
packaging
Amending Orders
No amendments to orders can take place once an order is placed. The only way to
amend an order is to cancel the order and a new order can be placed.