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TERMS AND CONDITIONS (Applicable unless otherwise documented)

1. ORDERS.
Orders may beinitiated by Buyer issuing a Purchase Order or otherwise placing anorder by electronic means including facsimile, GUN GENIE or otherwise acceptableto Seller. Orders shall identify the Products, unit quantities, partnumbers, descriptions, applicable prices and requested delivery dates.All orders are subject to acceptance by Seller. No orders for standardProducts ("Standard Products") may be cancelled or rescheduled withoutSeller's consent, which consent may be given by Seller in its solediscretion. Seller reserves the right to allocate sales of Productsamong its customers in its sole discretion. Notwithstanding anyprovision of these Terms and Conditions to the contrary, orders forspecial, custom, value-added and other non-standard Products, includingProducts to be assembled in kit form, Products of manufacturers whichdo not appear on Seller's line card, work-in-process and Productsotherwise identified by Seller as "NCNR" or "Non-Cancelable andNon-Returnable" ("Non-Standard Products") shall be non-cancelable andnon-returnable.

2. PRICES.
Prices shall be as specified bySeller and shall be applicable for the period specified in Seller'squote. If no period is specified, prices shall be applicable for thirty(30) days. Notwithstanding the foregoing, prices shall be subject toincrease in the event of an increase in Seller's costs or othercircumstances beyond Seller's reasonable control. Prices are exclusiveof taxes, impositions and other charges, including: sales, use, excise,value added and similar taxes or charges imposed by any governmentauthority, international shipping charges, forwarding agent's andbroker's fees, consular fees, document fees and import duties. IfSeller shall be liable for or shall pay any of the foregoing, sameshall be paid by Buyer to Seller in addition to the price of theProducts.

3. TERMS OF PAYMENT.
Payment is due in full upon purchase unless otherwise agreed upon between the buyer andseller. Buyer agrees to pay the entire net amount of each invoice fromSeller pursuant to the terms of each such invoice without offset ordeduction. Orders are subject to credit approval by Seller, which may in its sole discretion at any time change the terms of Buyer's credit, require payment in cash, bank wire transfer or by official bank checkand/or require payment of any or all amounts due or to become due for Buyer's order before shipment of any or all of the Products. If Sellerbelieves in good faith that Buyer's ability to make payments may beimpaired or if Buyer shall fail to pay any invoice when due, Seller maysuspend delivery of any order or any remaining balance thereof untilsuch payment is made or cancel any order or any remaining balancethereof, and Buyer shall remain liable to pay for any Products alreadyshipped and all Non-Standard Products ordered by Buyer. Buyer agrees tosubmit such financial information from time to time as may bereasonably requested by Seller for the establishment and/orcontinuation of credit terms. Checks are accepted subject to collection and the date of collection shall be deemed the date of payment. Anycheck received from Buyer may be applied by Seller against anyobligation owing from Buyer to Seller, regardless of any statementappearing on or referring to such check, without discharging Buyer'sliability for any additional amounts owing from Buyer to Seller, andthe acceptance by Seller of such check shall not constitute a waiver ofSeller's right to pursue the collection of any remaining balance. Inthe event that buyer opts to receive partial shipment prior to completedelivery, the seller may requisition partial payment for deliveredmerchandise and requisition the balance upon completion of orderfulfillment. Buyer and seller may agree to a delivery and payment planprior to order placement, which is subject to review by seller at anytime.

Buyer shall pay interest on any invoice not paid when duefrom the due date to the date of payment at the rate of four andone-half (4-1/2%) percent per month or such lower rate as may be themaximum allowable by law. If Buyer fails to make payment when due,Seller may pursue any legal or equitable remedies, in which eventSeller shall be entitled to reimbursement for costs of collection andreasonable attorneys fees.

Invoices are to be paid via Bank Check, Certified Check or Postal Money Order unless otherwise agreed by seller.  A charge of $50 per check will be assessed for all returned checks.  Invoiced balances or complete orders paid by credit card are not eligible for 3.4% 'cash' discount.  3.4% will be assessed on the total of the order in this case.

4. DELIVERY AND TITLE.
Allshipments by Seller are F.O.B. point of origin and all transportationcharges shall be paid by Buyer in addition to the price of theProducts. Subject to Seller's right of stoppage in transit, delivery ofthe Products to the carrier shall constitute delivery to Buyer andtitle and risk of loss shall thereupon pass to Buyer. Selection of thecarrier and delivery route shall be made by Seller unless specified byBuyer. Seller shall use reasonable efforts to initiate shipment andschedule delivery as close as possible to Buyer's requested deliverydates. Buyer acknowledges that delivery dates provided by Seller areestimates only and that Seller is not liable for failure to deliver onsuch dates. Seller reserves the right to make deliveries ininstallments. Delivery of a quantity which varies from the quantityspecified shall not relieve Buyer of the obligation to accept deliveryand pay for the Products delivered. Delay in delivery of oneinstallment shall not entitle Buyer to cancel other installments.

5. ACCEPTANCE OF PRODUCTS AND PRODUCT RETURNS.
Inspectionand acceptance of the Products shall be Buyer's responsibility. Buyeris deemed to have accepted the Products unless written notice ofrejection is received by Seller within five (5) days after delivery ofthe Products. Buyer waives any right to revoke acceptance thereafter.Buyer shall report any discrepancy in shipment quantity or damagewithin five (5) days after delivery. No return of Products shall beaccepted by Seller without a Return Material Authorization ("RMA")Number, which may be issued by Seller in its sole discretion. ReturnedProducts must be in original manufacturer's shipping cartons completewith all packing materials and unit tags. All Products for return shallbe returned freight prepaid in the manner specified in the RMA. Ifreturned Products are claimed to be defective, a complete descriptionof the nature of the defect must be included with the returnedProducts. Products not eligible for return shall be returned to Buyer,freight collect. ALL WEAPON SALES ARE FINAL. Seller reserves the rightto make a determination on whether the items have been subject tomisuse in which case returns will be denied.

6. FORCE MAJEURE.
Sellershall not be liable for failure to fulfill its obligations herein orfor delays in delivery due to causes beyond its reasonable control,including, but not limited to, acts of God, natural disasters, acts oromissions of other parties, acts or omissions of civil or militaryauthority, Government priorities, changes in law, material shortages,fire, strikes, floods, epidemics, quarantine restrictions, riots, war,acts of terrorism, delays in transportation or inability to obtainlabor or materials through its regular sources. Seller's time forperformance of any such obligation shall be extended for the timeperiod of such delay or Seller may, at its option, cancel any order orremaining part thereof without liability by giving notice of suchcancellation to Buyer.

7. SELLER'S LIMITED WARRANTY.
Sellerwarrants to Buyer that upon delivery to Buyer the Products purchasedhereunder shall conform to the applicable manufacturer's specificationsfor such Products and that any value-added work performed by Seller onsuch Products shall conform to applicable Buyer's specificationsrelating to such work. Seller makes no other warranty, express orimplied, with respect to the Products. IN PARTICULAR, SELLER MAKES NOWARRANTY RESPECTING THE MERCHANTABILITY OF THE PRODUCTS OR THEIRSUITABILITY OR FITNESS FOR ANY PARTICULAR PURPOSE OR USE OR RESPECTINGINFRINGEMENT. With respect to Products which do not meet applicablemanufacturer's specifications and with respect to value-added work bySeller which does not meet applicable Buyer's specifications, Seller'sliability is limited, at Seller's election, to (1) refund of Buyer'spurchase price for such Products (without interest), (2) repair of suchProducts, or (3) replacement of such Products; provided, however, thatsuch Products must be returned to Seller, along with acceptableevidence of purchase, within thirty (30) days from date of delivery,transportation charges prepaid. Seller shall transfer to Buyer whatevertransferable warranties and indemnities Seller receives from themanufacturer of the Products, including any transferable warranties andindemnities respecting patent infringement.

8. LIMITATION OF LIABILITIES.
BUYERSHALL NOT IN ANY EVENT BE ENTITLED TO, AND SELLER SHALL NOT BE LIABLEFOR INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANYNATURE INCLUDING, WITHOUT LIMITATION, BUSINESS INTERRUPTION COSTS,REMOVAL AND/OR REINSTALLATION COSTS, REPROCUREMENT COSTS, LOSS OFPROFIT OR REVENUE, LOSS OF DATA, PROMOTIONAL OR MANUFACTURING EXPENSES,OVERHEAD, INJURY TO REPUTATION OR LOSS OF CUSTOMERS, EVEN IF SELLER HASBEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. BUYER'S RECOVERY FROMSELLER FOR ANY CLAIM SHALL NOT EXCEED BUYER'S PURCHASE PRICE FOR THEPRODUCT GIVING RISE TO SUCH CLAIM IRRESPECTIVE OF THE NATURE OF THECLAIM, WHETHER IN CONTRACT, TORT, WARRANTY, OR OTHERWISE. SELLER SHALLNOT BE LIABLE FOR AND BUYER SHALL INDEMNIFY, DEFEND AND HOLD SELLERHARMLESS FROM ANY CLAIMS BASED ON SELLER'S COMPLIANCE WITH BUYER'SDESIGNS, SPECIFICATIONS OR INSTRUCTIONS, OR MODIFICATION OF ANYPRODUCTS BY PARTIES OTHER THAN SELLER, OR USE IN COMBINATION WITH OTHERPRODUCTS.

9. USE OF PRODUCTS IN LIFE SUPPORT, NUCLEAR AND CERTAIN OTHER APPLICATIONS.
Productssold by Seller are not designed, intended or authorized for use in lifesupport, life sustaining, nuclear, or other applications in which thefailure of such Products could reasonably be expected to result inpersonal injury, loss of life or catastrophic property damage. If Buyeruses or sells the Products for use in any such applications: (1) Buyeracknowledges that such use or sale is at Buyer's sole risk; (2) Buyeragrees that Seller and the manufacturer of the Products are not liable,in whole or in part, for any claim or damage arising from such use; and(3) Buyer agrees to indemnify, defend and hold Seller and themanufacturer of the Products harmless from and against any and allclaims, damages, losses, costs, expenses and liabilities arising out ofor in connection with such use or sale.

10. EXPORT CONTROL.
Thesale, resale or other disposition of Products and any relatedtechnology or documentation are subject to the export control laws,regulations and orders of the United States and may be subject to theexport and/or import control laws and regulations of other countries.Buyer agrees to comply with all such laws, regulations and orders andacknowledges that it shall not directly or indirectly export anyProducts to any country to which such export or transmission isrestricted or prohibited. Buyer acknowledges its responsibility toobtain any license to export, re-export or import as may be required. DEFCON 1 IS CAPABLE OF ARRANGING EXPORTS THROUGH DEFENSE CONDITION 1COMPANY; ALL EXPORTS, APPLICATIONS AND TRANSFERS OF INFORMATION ANDCOMMUNICATIONS ARE SUBJECT TO ITAR LAW.  SEE OUR SISTER COMPANY WEBSITE... WWW.DEFENSECONDITION1.COM

11. FEDERAL CONTRACTS.
Forproducts acquired pursuant to Federal Acquisition Regulations, thefollowing shall be construed to be incorporated herein: (1) EqualOpportunity (E.O. 11246); (2) Affirmative Action for Special Disabledand Viet Nam era Veterans (38 U.S.C. 2012(a)); and (3) AffirmativeAction for Handicapped Workers (29 U.S.C. 793). No other FederalAcquisition Regulations shall be construed to apply to Seller withoutSeller's written agreement thereto.

12. STATEMENTS AND ADVICE.
Ifstatements or advice, technical or otherwise, are offered or given toBuyer, such statements or advice shall be deemed to be given as anaccommodation to Buyer and without charge and Seller shall have noresponsibility or liability for the content or use of such statementsor advice.

13. INTELLECTUAL PROPERTY.
If an order includessoftware or other intellectual property, such software or otherintellectual property is provided by Seller to Buyer subject to thecopyright and user license, the terms and conditions of which are setforth in the license agreement accompanying such software or otherintellectual property. Nothing herein shall be construed to grant anyrights or license to use any software or other intellectual property inany manner or for any purpose not expressly permitted by such licenseagreement.

14. GENERAL.
As used herein, terms appearing inthe singular shall include the plural and terms appearing in the pluralshall include the singular. No rights, duties, agreements orobligations hereunder may be assigned or transferred by either party,by operation of law, merger or otherwise, without the prior writtenconsent of the other. Any attempted or purported assignment shall bevoid. Notwithstanding the foregoing, Seller's obligations under theseTerms and Conditions may be performed by divisions, subsidiaries oraffiliates of Seller. The obligations, rights, terms and conditionshereof shall be binding on the parties hereto and their respectivesuccessors and assigns. The waiver of any provision hereof or of anybreach or default hereunder shall not be deemed a waiver of any otherprovision hereof or breach or default hereunder. Any provision hereofwhich is prohibited or unenforceable in any jurisdiction shall, as tosuch jurisdiction, be ineffective to the extent of such prohibition orunenforceability without invalidating the remaining provisions hereofin that jurisdiction or affecting the validity or enforceability ofsuch provision in any other jurisdiction. These Terms and Conditionsshall be governed by and construed in accordance with the laws of theState of Arizona excluding any law or principle, which would apply thelaw of any other jurisdiction. The United Nations Convention for theInternational Sale of Goods shall not apply.

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THE FOLLOWING LANGUAGE PERTAINS DIRECTLY TO THE PICKUP AND DISPOSITION OF FIREARMS FROM THE DEFCON 1 LOCATION, SPECIFICALLY FOR GUNS AND AMMUNITION PURCHASED VIA DIRECT QUOTE OR THROUGH OUR A SEPARTE SHOPPING CART.

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The following is language used for sale of Firearms through Defcon 1.: 

Only the manufacturer warrants new firearms and related equipment.  Any parts or manufacturing defects must be settled with the manufacturer directly.  Any awarded refund amount will be subject to a 25% service fee.   Defcon1 may dispose of the firearm immediately.  A charge of $50 per check will be assessed for all returned checks.  There is no inspection period on merchandise.  Defcon1 reserves the right to deny firearms and knife sales.  No ammunition can be returned for any reason.

ALL FIREARMS SALES ARE FINAL

Class III / PICS DENIALS 
For Pics Denial, Defcon 1 charges $50.00.  If delayed or research, Defcon 1 must retain funds and gun merchandise.  Upon approval the transaction can be completed.  If ultimately denied, the buyer may request refund of the money paid for the gun.  If the gun can be returned to the source or manufacturer, the buyer is entitled to a refund of the money paid for the gun minus 25% administrative fee and any shipping charges, AND the $50.00, $75.00, or $100.00 service fee will be charged for each gun depending on the value of the gun. All gun related equipment or gear is non-refundable.  Purchases are final and non-refundable.  Denied Class III paperwork will result in loss of all payment entirely and Defcon 1 retains merchandise and may dispose of in any way.

WARNING NOTICE

The products are sold ‘as is’ and with all faults.  The entire risk as to the quality and performance of the product is with the buyer.  The determination of the fitness or the suitability of any product for a specific use is the responsibility of the buyer.  All firearms are potential dangerous and can cause great harm, personal injury or death.  It is your responsibility and legal obligation to handle, load, unload, use, transport, maintain, and store your firearm in a safe manner as to prevent it’s accidental discharge.   Likewise, parts for firearms are potentially dangerous and if installed improperly can cause firearms to malfunction or accidentally discharge.  A professional gunsmith should only install these parts.  Defcon 1 shall bear no responsibility in the use or intent to purchase/own firearms.  Defcon 1 is held harmless and indemnified in any circumstance.  For Firearms orders placed through our Gun Genie, the guarantee or warranty offered from DavidsonsInc. will apply as indicated by DavidsonsInc.  Defcon 1 is not involved with warranty or claim issues in that regard in any way.


BY ORDERING FROM DEFCON 1, YOU AGREE TO PAY THE AMOUNT AGREED UPON IN ACCORDANCE WITH THESE TERMS AND CONDITIONS WITHIN THE SPECIFIED PERIOD, UNLESS OTHERWISE DOCUMENTED, OR FALL SUBJECT TO SAID TERMS.

BY ORDERING FROM DEFCON 1, YOU WARRANT THAT YOU HAVE READ AND FULLYUNDERSTOOD ALL THE TERMS AND CONDITIONS OF THIS SPECIALPRIVILEGE/SERVICE OF DEFCON 1. YOU FURTHER WARRANT THAT YOU HAVE THE LEGALCAPAPCITY TO AVAIL OF THIS PRIVILEGE AND THAT MY AVAILMENT HEREOF IS YOUR OWN FREE WILL AND VOLITION. YOU WARRANT FURTHER THAT ANY AND ALLINFORMATION YOU WILL DISCLOSE/HAVE DISCLOSED PURSUANT TO YOUR AVAILAMENT OF THIS SPECIAL PRIVILEGE/SERVICE ARE TRUE AND CORRECT TO THE BEST OF YOUR KNOWLEDGE AND BELIEF. FURTHERMORE, YOU FULLY UNDERSTAND THAT YOU HAVE NO CAUSE OF ACTION AGAINST, OR INVOLVING DEFCON 1, ITS OFFICERS, EMPLOYEESOR ASSIGNS/AGENTS AND AFFILIATES PURSUANT TO, OR IN CONNECTION WITH, ORBY VIRTUE OF, YOUR AVAILMENT OF THIS SPECIAL SERVICE/PRIVILEGE.

 
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