Terms and Conditions

Please read these terms and conditions carefully before using this site or any of our other websites. By accessing or using our sites, you agree to the following terms and conditions, which are subject to change at our discretion.

Applicability of Terms and Conditions

These terms and conditions (“Terms”) apply to your purchase of products and related services through www.trex-arms.com (the “Site”). The material on this website may include technical inaccuracies or typographical errors. These Terms are subject to change at any time without prior written notice by T Rex Arms Inc (referred to herein as either “Company,” “we,” “us,” or “our”). The most recent version of these Terms shall be posted for your review at any time on the Site. Please review these Terms in their entirety prior to engaging in any transaction on the Site. Your continued use of the Site after any posting of updated Terms shall constitute your acceptance of and agreement to any changes made.

Online Orders

When placing an order on our Site, you are effectively offering to purchase whatever products and services you select. We reserve the right to accept or reject any order in our own discretion. Should we elect to accept your offer, you will receive a confirming email at the email address that you provide at such time. Notwithstanding, we reserve the right to cancel any order once accepted by us (as evidenced by a confirming email) at any time in our sole discretion.

Payment Terms

All applicable prices are set forth alongside the goods and services offered. Such prices are subject to change at any time by us in our sole discretion. You will be responsible for the prices stated at the time of your transaction, as well as any: (i) sales, use, excise, and related taxes; and (ii) shipping and handling charges. By making payment you are hereby representing and warranting your full right and authority to make such purchase in the manner elected without violating any applicable law, rule, or regulation.

Shipping Terms

We will ship your accepted order to you at the address you provide when making the order. You will be responsible for all associated shipping & handling charges and for providing a correct shipping address. While we agree to use reasonable efforts to meet the shipping and delivery dates provided online, we shall not be responsible for any delays in shipments.

International Shipping

We will ship your accepted international orders to the following countries only: https://help.trex-arms.com/hc/en-us/articles/360052990013-International-Shipping-Can-You-Ship-To-My-APO-Or-Country. We do not sell or ship to sanctioned countries or individuals found on the OFAC list maintained by the U.S. Department of the Treasury: https://ofac.treasury.gov/sanctions-programs-and-country-information. No items regulated by International Traffic in Arms Regulations (ITAR) will be shipped outside the United States under any circumstances.

Returns

All returns must be made pursuant to the specific return procedure set forth on the Site: https://help.trex-arms.com/hc/en-us/articles/360052221174-Return-Policy-Can-I-Return-My-Order

You bear the risk of loss or damage during shipment (other than when returning non-conforming merchandise) and as such, you are advised to obtain appropriate insurance. Your refund will be credited back to the same payment method used to make the applicable purchase.

Buyer’s Representation & Warranties

You represent and warrant to us as follows: (i) that you have the right to enter into any transaction contemplated for hereby without violating these Terms, any applicable law, rule, or regulation, and/or any agreement with, or rights of, any third party; (ii) that you will use the goods and services provided hereunder exactly as authorized and never in any way that would violate any applicable law or third party right of any kind; and (iii) that you are buying goods or services from the Site for solely your own use, and not for resale and/or export.

Company’s Limited Warranty

We represent and warrant to you that any goods purchased by you on the Site, when used specifically as authorized by us and without modification thereto, will conform in all material respects to: (i) the specifications set forth on the Site, and (ii) any instructions that we provide you with upon delivery of the merchandise. We further represent and warrant to you that any goods or services purchased by you on the Site will be safe for their intended use and free from defects in material, functionality, and workmanship. Notwithstanding the foregoing, this warranty shall not apply when the goods are subject to: negligence, misconduct, misuse, abuse, accident, improper installation or handling, unusual environmental conditions, or other extreme stress, alteration, repair by anyone other than us, or use in violation of any provided-for instructions (including without limitation any license agreement). Notwithstanding the foregoing, any products manufactured by a third party and incorporated in any goods provided hereunder are not covered by this limited warranty.

This limited warranty includes three product-specific warranties on our holsters, nylon goods, and mounts manufactured directly by T Rex Arms Inc, not by third parties:

Any claim made under our holster warranty may be made during the lifetime of the holster for any defect in material, functionality, and workmanship under normal/ordinary use: https://help.trex-arms.com/hc/en-us/articles/360057444373-T-REX-ARMS-Holster-Warranty-Policy.

Any claim made under our nylon warranty must be made within six (6) months of purchase date for any defect in material, functionality, and workmanship under normal/ordinary use: https://help.trex-arms.com/hc/en-us/articles/360055675094-Are-T-REX-ARMS-Nylon-Products-Covered-Under-Warranty.

Any claim made under our mount warranty may be made during the lifetime of the mount for any defect in material, functionality, and workmanship under normal/ordinary use: https://help.trex-arms.com/hc/en-us/articles/360055675254-Are-T-REX-ARMS-Mounts-Covered-Under-Warranty.

Notwithstanding anything set forth herein to the contrary, your sole remedy with respect to a breach by us of our warranties to you shall be to inform us, in writing, of your desire to exercise this limited warranty, along with a sufficiently detailed explanation of your reason(s), so that we may either: (i) repair or replace the goods in question (or re-perform the services, as applicable); or (ii) credit or refund your purchase price. In such instances, restocking fees shall not apply. We shall have the right to select which cure option to pursue, and we will be responsible for shipping & handling charges associated with resending replacement goods (and shall also be responsible for their risk of loss in transit during such time), if and as applicable. We reserve the right to verify any such claim. With the sole exception of our holster warranty, this limited warranty is not transferrable and extends only to you as the original purchaser of our products and services from our Site (i.e., and not to any subsequent owner or beneficiary of any goods or services received hereunder).

Limitation of Warranties

EXCEPT AS EXPRESSLY OUTLINED IN COMPANY’S LIMITED WARRANTY, T REX ARMS INC MAKES NO REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, OR NON-INFRINGEMENT, ALL OF WHICH ARE HEREBY DISCLAIMED TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW. BUYER ACKNOWLEDGES THAT IT HAS NOT RELIED ON ANY REPRESENTATION OR WARRANTY MADE BY COMPANY OR ANY OTHER PERSON ON COMPANY’S BEHALF, EXCEPT AS SPECIFICALLY PROVIDED IN THIS AGREEMENT.

Sole and Exclusive Remedies/Liability Cap

SUBJECT TO APPLICABLE LAW, THE REMEDIES SET FORTH ABOVE ARE YOUR SOLE AND EXCLUSIVE REMEDIES, AND OUR ENTIRE OBLIGATION AND LIABILITY, FOR ANY BREACH OF OUR LIMITED WARRANTY. SUBJECT TO APPLICABLE LAW, UNDER NO CIRCUMSTANCES WILL COMPANY’S OBLIGATION OR LIABILITY HEREUNDER EXCEED THE PURCHASE PRICE YOU PAID ON THE SITE FOR ANY GOODS OR SERVICES. ADDITIONALLY, SUBJECT TO APPLICABLE LAW, UNDER NO CIRCUMSTANCES WILL WE BE LIABLE FOR ANY LOSS OF USE, DATA, BUSINESS, GOODWILL, REPUTATION, OR REVENUE, AND/OR ANY CONSEQUENTIAL, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES OR OTHER DIRECT OR INDIRECT LOSSES OF ANY KIND. SOME STATES DO NOT ALLOW FOR THE EXCLUSION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.

Indemnification

You agree that you shall defend, indemnify, and hold harmless the Company, its affiliates and their respective stockholders, directors, officers and employees from and against all claims, judgments, damages, liabilities, settlements, losses, costs and expenses, including attorneys’ fees and disbursements, arising from or relating to your use of any goods purchased from us.

Privacy Policy

Please review our Privacy Policy, which can be found on the Site. The Privacy Policy governs our processing of all personal information that we may collect from any person through the use of our Site.

Third Party Beneficiaries

These Terms are for your sole benefit and nothing herein, express or implied, is intended to or shall confer upon any other person or entity any legal or equitable right, benefit, or remedy of any nature whatsoever under or by reason of these Terms.

Force Majeure

Company shall not be held responsible for delays or non-performance caused by activities or factors beyond its reasonable control, including without limitation, war, weather, strikes, floods, lockouts, fires, acts of God, terrorism, and/or delivery, vendor, supplier, or other third party delays, non-performance, or failures of any kind.

Assignment

Company may assign or otherwise transfer any or all of its rights or obligations hereunder, in whole or in part, to any third party in its sole discretion. You may not assign any of your rights or delegate any of your duties hereunder at any time without our prior written consent in each instance, and any attempt to do so shall be null and void.

Partial Invalidity

In the event that any part or portion of these Terms is deemed to be invalid, illegal, or unenforceable, the remaining provisions shall continue in full force and effect.

Governing Law/Venue

Governing Law: These Terms shall be governed by the laws of the State of Tennessee without regard to its conflict of laws principles.

Jurisdiction: Any legal suit, action or proceeding arising out of or based upon this Agreement or the transactions contemplated hereby may be instituted in the federal courts of the United States of America located in the Middle District of Tennessee or the courts of the State of Tennessee located in the county of Davidson, and each party irrevocably submits to the exclusive jurisdiction of such courts in any such suit, action or proceeding.

No Waivers

Our failure to enforce any of our rights hereunder will not constitute a waiver of our right to make such enforcement in the future, subject to applicable law.

Notices

We may provide notices hereunder to you by: (i) email; (ii) regular mail; or (iii) posting them on the Site. You shall be responsible for ensuring that you have provided us with your current email and mailing addresses.

Entire Agreement

These Terms, along with the confirmation email referenced above, any instructions that we provide you with relating to any product or service you obtain from us through the Site, and our Site’s ‘Terms of Use’ and ‘Privacy Policy,’ shall, collectively, be deemed a final and integrated agreement between you and us with respect to the subject matter hereof.

Conditions of Use

This website is provided by T REX ARMS INC and may be used for informational purposes only, unless otherwise expressly provided. By using the site or downloading materials from the site, you agree to abide by the terms and conditions set forth in this notice. If you do not agree to abide by these terms and conditions, do not use the site or download materials from the site.

For Informational Use Only

The content on this website, including instructional materials, documents, images, graphics, logos, design, audio, video and text is offered for general information purposes only. While we strive for accuracy, nothing on our Site is represented as complete, up-to-date or free from technical inaccuracies or typographical errors, nor can we guarantee that access to the site will be free from interruptions, errors, computer viruses or other harmful components.

Trademarks

The trademarks, service marks and logos of T REX ARMS INC and its affiliates used and displayed on our website are our registered and unregistered trademarks. Requests to use trademarks owned by other companies which may be mentioned on this website should be directed to such other companies. We actively and vigorously enforce our intellectual property rights. Our trademarks, service marks and logos may not be used in any way, including in advertising or publicity pertaining to distribution of materials on our website, without our prior written permission.

Changes

T REX ARMS INC reserves the right, at its sole discretion, to supplement or modify these Terms and Conditions in whole or in part, at any time. Any such supplement or modification will become effective when it is posted on the website. Your continued use of the website after any supplements or modifications to these Terms and Conditions are posted will be considered acceptance thereof.

T REX ARMS INC may terminate, change, suspend or discontinue any aspect of the website, including the availability of any features of the website, at any time. T REX ARMS INC may also impose limits on certain features and services or restrict your access to parts or the entire website without notice or liability.

Limitations of Liability

T REX ARMS INC and its affiliates will not be liable for any damages or injury, including, but not limited to, direct, indirect, incidental, consequential damages or punitive damages, that result from the use of (or the inability to use) this website and its contents, or a website linked to this website, including any damages or injury caused by any failure of performance, error, omission, interruption, defect, delay in operation, computer virus, line failure, or other computer malfunction. In jurisdictions that do not allow the exclusion or limitation of liability for consequential or incidental damages, the liability is limited to the greatest extent permitted by law.

Compliance With Local Laws

This website is controlled and administered by T REX ARMS INC from its offices within the United States, and this website and its contents are intended to comply with applicable laws and regulations in the United States. Although the information on this website is accessible to users outside of the United States, T REX ARMS INC makes no representation that the content of this website complies with laws and regulations of any jurisdiction outside of the United States or that such content is appropriate or available for use in any such jurisdiction. Access to any content on this website from locations where such content is illegal is prohibited. If you choose to access this site from locations outside of the United States, you are responsible for compliance with any applicable local laws and regulations. You may not use or export any of the information on this website in violation of U.S. export laws and regulations.

Integration and Severability

If any provision of these Terms and Conditions is deemed unlawful, void, or for any reason unenforceable, then that provision will be deemed severable from these Terms and Conditions and will not affect the validity and enforceability of the remaining provisions. The preceding Terms and Conditions of use represent the entire agreement between T REX ARMS INC and the user relating to the subject matter herein.