Standard Conditions of Sale
All Colonial Armament Products, hereafter referred to as products sold by Colonial Armament, L.L.C.(hereafter referred to as the “Company”) are subject to these terms and conditions of sale.
Limited Lifetime Warranty
The Company warrants that its Products, if properly stored, transported and used, will be free from defects in materials and workmanship during the warranty period.
Warranty Period
Labor – One (1) year.
Parts – For the lifetime of the original purchaser.
Warranty Service
To obtain warranty service, the purchaser must submit a written service request to info@colonialarmament.com. The request must include: (1) proof of purchase; (2) a copy of these terms and conditions of sale; and (3) an explanation of the problem. An RMA will then be provided at which point you will deliver the Colonial Product to the point of purchase and have the FFL dealer ship the item to us for repair or replacement.
Extent of Limited Warranty
If the Colonial Armament Product which is the subject of this Limited Warranty fails during the warranty period for reasons covered by this Limited Warranty, and the purchaser submits the written service request required under these terms and conditions of sale, at its option, the Company will:
REPAIR THE COLONIAL PRODUCT OR REPLACE THE COLONIAL PRODUCT WITH A COLONIAL PRODUCT THAT IS FUNCTIONALLY AT LEAST EQUAL TO THAT OF THE NOVESKE PRODUCT BEING REPLACED.
This Limited Warranty does not cover damages due to external causes including, but not limited to, accidents, misuse, neglect, alteration, repair, improper maintenance, or normal wear.
An Operation, Monitoring and Troubleshooting Manual (the “Manual”) is included with the packing materials you received with this Colonial Product. Any usage or care not in accordance with the Manual voids this warranty, and any damage caused by such usage or care is not covered under this warranty. This warranty is limited to the original purchaser and is not transferable.
Warranty Limitations and Exclusions
Exhibit “E” – Colonial Limited Warranty for Owners Within the United States.
THESE WARRANTIES REPLACE ALL OTHER WARRANTIES, EXPRESS OR IMPLIED INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. THE COMPANY MAKES NO EXPRESS WARRANTIES BEYOND THOSE STATED HEREIN. THE COMPANY DISCLAIMS ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. SOME LAWS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES SO THIS LIMITATION MAY NOT APPLY TO YOU. IF THESE LAWS APPLY, THEN ALL EXPRESS AND IMPLIED WARRANTIES ARE LIMITED IN DURATION TO THE LIMITED WARRANTY PERIOD. NO WARRANTIES APPLY AFTER THAT PERIOD. SOME LAWS DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THIS LIMITATION MAY NOT APPLY TO YOU.
The use of any sample or model during the negotiations leading to the purchase of this Colonial Product serves merely to indicate a type of product that will be tendered to the purchaser. These samples or models create no warranty that the product will conform to the samples or models.
Limitations of Liability
THE COMPANY’S RESPONSIBILITY UNDER THIS, OR ANY OTHER WARRANTY, IMPLIED OR EXPRESSED, IS LIMITED TO REPAIR OR REPLACEMENT, AS SET FORTH ABOVE. THIS REMEDY IS THE SOLE AND EXCLUSIVE REMEDY FOR ANY BREACH OF WARRANTY. THE COMPANY IS NOT RESPONSIBLE FOR CLAIMS FOR INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES RESULTING FROM ANY BREACH OF WARRANTY OR UNDER ANY OTHER LEGAL THEORY, INCLUDING, BUT NOT LIMITED TO, LOST PROFITS, DOWN TIME, AND ANY DAMAGE TO OR REPLACEMENT OF EQUIPMENT AND PROPERTY. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO THIS LIMITED WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY ALSO HAVE OTHER RIGHTS THAT VARY FROM JURISDICTION TO JURISDICTION.
Assumption of Risk
Purchaser assumes all risk and liability for loss. Company shall not be responsible for injuries to person or property arising out of the use or misuse of the Colonial Products.
Merger
THIS AGREEMENT CONSTITUTES A FINAL WRITTEN EXPRESSION OF ALL THE TERMS OF THIS AGREEMENT AND IS A COMPLETE AND EXCLUSIVE STATEMENT OF THOSE TERMS. ANY AND ALL REPRESENTATIONS, PROMISES, WARRANTIES OR STATEMENTS BY COMPANY’S AGENT THAT DIFFER IN ANY WAY FROM THE TERMS OF THIS WRITTEN AGREEMENT SHALL BE GIVEN NO FORCE OR EFFECT.
Governing Law; Forum
These terms and conditions shall be governed by and interpreted in accordance with the laws of the State of Oregon. Any legal action or proceeding arising from or in connection with these Exhibit “E” – Colonial Limited Warranty for Owners Within the United States terms and conditions shall be brought exclusively in the Circuit Court for Putnam County in the State of Georgia, or in the U.S. District Court, District of Georgia. Purchaser hereby irrevocably consents to service of process out of said State of Georgia or U.S. Courts in any such action or proceeding by mailing copies thereof by U.S. mail to Purchaser or any other method of service permitted by such courts. Final judgment (certified or exemplified copy of which shall be conclusive evidence of the fact and of the amount of any indebtedness therein described) in any such action or proceeding shall be conclusive and may be enforced in any court of competent jurisdiction by suit on the judgment.
