These terms and conditions shall apply to all purchases for River's Bend Gun Company.
("RBGC") products or services. Any terms and conditions in buyer’s purchase order that are
inconsistent with or in addition to these terms and conditions shall not be binding upon RBGC, unless specifically agreed to in writing by both RBGC and the buyer.
These terms and conditions shall be governed by and construed in accordance with the laws of the State of Missouri, without regard to conflicts of laws principles, and exclusive jurisdiction and venue of any dispute shall be in the Platte County, Missouri, with the prevailing party being entitled to attorneys’ fees and costs.
General – Prior to placing an order, buyer shall contact RBGC sales representative for
product pricing, availability and delivery information. Prices do not include shipping and handling, taxes, duties, or insurance. Unless otherwise specified, quotations are valid for 60 days, subject to product change and availability of materials.
Source Inspection – Prices do not include inspection charges relating to inspections by outside individuals at the request of the buyer. There will be an additional charge when source inspection is required.
Compliance Testing – Unless otherwise agreed in writing between the buyer and RBGC, the costs of any compliance testing; including but not limited to Accuracy Group, Load Development is not included in the pricing, but will be invoiced separately to the buyer.
RBGC assures that chambering of firearms shall be in within the Sporting Arms and Ammunititon Manufacturers Institute guidelines--Unless otherwise specified by the Buyer--in latter case is required to provide and agree to blueprint and dimensions prior to start of project or purchase of parts/tools. These specifications can be found at http://www.saami.org/specifications_and_information/publications/download/206.pdf
PLACING AN ORDER
Orders of standard products must be placed in writing to our sales representatives or directly to the RBGC facility in Weston Bend, Missouri. E-mail and on-line orders are allowed. Orders made in person or by telephone will be initially processed pending receipt of a confirming written purchase order. Custom product orders must be made directly to RBGC in Weston Bend.
When placing an order for standard products, the buyer must specify, model or part number, name or description of the product(s) ordered, agreed estimated delivery date, and any special shipping instructions.
In addition to the information required for standard products, custom product purchase orders must reference a quotation or factory correspondence. Additionally, all non-standard
specifications must be fully described to avoid any possibility of misunderstanding. Custom
products will be assigned special model or part numbers after buyer and RBGC have reached an understanding as to their specifications.
CHANGE ORDER AND CANCELLATIONS
Any changes to quantity, specifications, price, or delivery, or the addition of any conditions not specified in the original order will be effective only upon mutual signed agreement between RBGC and the buyer and submission of a revised purchase order.
Cancellations are subject to written approval by RBGC. Buyers are subject to payment for all costs incurred by RBGC as a result of the order and cancellation. Those costs can include, but are not limited to, materials used, purchase commitments, tooling, amortized labor and overhead, and production interruption and resultant down time. Where RBGC determines that cancellation is not cost effective, the buyer will be charged the full price of the order as quoted.
TERMS OF PAYMENT
Unless otherwise agreed in writing, Deposits shall be made prior to project start and/or Payment in full is required prior to shipment of the product.
Delivery commitments are estimates and are subject to contingencies such as fire, accident,
governmental action, priorities granted at the request of any government agency, or any other cause of delay, including unexpected labor difficulties or unavailability of parts or materials, beyond RBGC’s control. The reasonable failure of RBGC to meet a delivery date shall not be deemed a material breach of the sales agreement.
Unless particular arrangements are made by the buyer, RBGC will ship orders according to the best mode of transportation at RBGC’s discretion. Preferred shipping methods are by UPS or Federal Express.
Shipping is F.O.B. at our facility, Weston Bend, Missouri. Risk of loss passes to the buyer when the products are delivered to the carrier. Any issues concerning damages during shipment must be settled between the buyer and the shipper.
All claims for shortage must be made within three (3) working days from date of delivery to the buyer.
RBGC warrants each product to be free from defects in material and workmanship under
conditions of normal use for one year from date of shipment. RBGC will repair or replace, at its option, defective products that are returned to its Weston Bend, Missouri facility after authorization for return is granted by RBGC. Buyer must pay the shipping costs for the return.
This warranty does not apply to products that have been resold, disassembled, modified, misused or subjected to conditions exceeding the applicable specifications or ratings. RBGC will not be liable under any circumstances for any loss of profit or any other commercial damages, including without limitation any special, incidental, consequential or other indirect damages under any cause of action. RBGC shall not be liable for any installation damages to products.
RBGC MAKES NO OTHER WARRANTY, EXPRESSED OR IMPLIED. RBGC EXPLICITLY
DISCLAIMS ANY WARRANTY OF MERCHANTABILITY AND ANY WARRANTY OF FITNESS
FOR A PARTICULAR PURPOSE.
Standard products/Restocking Charge – Return of standard products that are not defective is
allowed only on prior authorization from and at the discretion of RBGC. Products that have been used or damaged or are out-of-date will not be accepted for return. Shipping costs and liability for damage during shipment back to RBGC shall rest with the buyer. There will be a 25% restocking charge or a $125.00 minimum charge per item, whichever is greater, for returned standard products.
Custom products – Custom products that are not defective may not be returned. Buyer shall have the right to reject any nonconforming products only if such nonconformity renders the products unusable for the intended purpose or impairs the value of the products by more than 10% of the contract price. Nonconforming custom products must be returned within 30 days of receipt.
Inspection and testing costs – All items returned as defective are inspected upon receipt for
quantity, physical condition and electrical function.
An evaluation fee of $200 will be charged to the buyer to cover inspection and testing cost for any item returned by the buyer that is found to be within specifications and/or otherwise deemed to be within the terms of the original purchase or which is defective as a result of customer damage.
The buyer agrees that it will not disclose or make available to any third party any confidential or proprietary information received from RBGC in the course of its dealings with RBGC. The buyer shall insure that all of its employees or agents with access to any such information are aware of and abide by the terms of this provision.
RBGC provides on-line documentation as a convenience to its customers. Although RBGC has made a diligent effort to insure the accuracy of product specifications and details and other information on this website, the documents published may contain technical or typographical errors. RBGC will not be liable for any damages suffered as a result of errors in the information provided. RBGC reserves the right to change the content of these documents at any time. RBGC is the owner of all copyrights to this website and the material it contains.