Terms & Conditions | Icarus Precision LLC

ICARUS PRECISION

TERMS AND CONDITIONS OF PURCHASE

These terms and conditions of purchase (“Terms”) are the only terms which govern the sale of products and/or services by Icarus Precision, LLC to purchasers of Icarus products in the United States. By placing your order for Icarus products, you accept and are bound by these Terms. If you have placed an order but do not wish to be subject to these Terms, you must promptly cancel your order before it becomes noncancelable, or return your purchase in accordance with our return policy.

CERTIFICATION

To access our website content or to purchase Icarus products, you must agree to the following:

You have not been convicted in any court of a crime punishable by imprisonment for a term exceeding 1 year;
You are not a fugitive from justice;
You are not an unlawful user of or addicted to any controlled substance;
You have not been adjudicated as a mental defective or been committed to a mental institution;
You are not an alien illegally or unlawfully in the United States or an alien admitted to the United States under a nonimmigrant visa;
You have not been discharged from the Armed Forces under dishonorable conditions;
You have not renounced your United States citizenship;
You are not subject to a court order that restrains you from harassing, stalking, or threatening an intimate partner or child, issued after a hearing ending in a finding that you represent a credible threat to the intimate partner or child OR explicitly prohibits the use, attempted use, or threatened use of force against the partner; and
You have not been convicted of a misdemeanor crime of domestic violence.

PAYMENT TERMS

Terms of payment are within our sole discretion unless otherwise agreed to in writing. Payment must be received prior to acceptance of an order. Payment for the products will be made exclusively by credit card, wire transfer, or some other prearranged payment method unless credit terms have been agreed to in writing. Invoices are due and payable within the time period noted on the applicable invoice, measured from the date of the invoice. We may invoice parts of an order separately. Your order is subject to cancellation, in our sole discretion. Your remedy in case of such cancellation is limited to funds actually paid to us for such order. We are not responsible for pricing, typographical or other errors in any offer, and reserve the right to cancel any orders arising from such errors. Invoices must be paid within 30 days of the invoice date.

SHIPPING TERMS

Shipping, handling and tax are additional and your responsibility unless otherwise expressly indicated at the time of sale. Title to purchased products passes from to you upon delivery to the carrier. Loss or damage that occurs during shipping by a carrier selected by you is your responsibility. Loss or damage that occurs during shipping by a carrier selected by us is our responsibility. You must notify us within 30 days of purchase or shipment if you believe any part of your purchase is missing, wrong or damaged. Shipping and delivery dates are estimates only.

WARRANTY AND RETURNS

Icarus Precision stands behind all of our products with a lifetime warranty against material/manufacturing defects. If you are having trouble with or are not satisfied with your Icarus Precision purchase for any reason, please contact our Customer Support Team within 30 days of purchase by following the warranty/returns link located on the “about us” tab of our website or e-mail us directly at Support@IcarusPrecision.com. Often times we are able to troubleshoot & resolve a variety of issues you may be experiencing with your purchase without needing to go through the return process.

Icarus products may not be returned without prior consent in the form of a Return Merchandise Authorization (“RMA”) confirmation. The product will be evaluated by our customer support department to verify it has been less than 30 days from purchase and that the return product is in “like new” condition. If product is deemed eligible for return, the purchase price will be refunded, minus any applicable restocking fees. Products outside of the 30-day return window or in other than “like new” condition will be accepted or declined on a case-by-case basis at our sole discretion.

We cannot accept returns related to customer damage or normal wear and tear, as determined in our judgment. Additionally, all sales are FINAL on items with custom coatings, engraved or custom products, any limited edition artisan products, closeout or clearance products, complete firearms, or special orders. Our ability to replace products under warranty may be limited by product availability.

If your return is due to a material/manufacturing defect or our fulfillment error, we will issue a return label to cover the cost of return shipping. If you are returning your product for any other reason or under any other circumstance, you are responsible for the freight. Regardless of the reason for the return, risk of loss passes back to us upon actual receipt of the returned product.

RESTOCKING FEE

A 25% restocking fee will apply to refunds on returned merchandise in re-sellable condition. This fee covers the credit card processing fee incurred at the time of purchase & shipping, as well as the customer support team’s time inspecting returned items. No payments other than the purchase price will be refunded, including without limitation payment processing fees, shipping costs, or taxes (except where required by law).

CHANGES/CANCELLATIONS

Icarus Precision strives to make your shopping experience as easy as possible. Please review the items in your cart prior to completing your purchase as the payment transaction processes immediately after submission. For any order or “pre-order”, please be sure item(s) are correct prior to completing check out. During this process, it is EXTREMELY challenging to track down any order, therefore, we CANNOT edit or combine orders once submitted. Orders can potentially be cancelled prior to shipment at the sole discretion of Icarus Precision, but ALL cancellations will be charged a minimum flat $40 cancellation fee, and orders exceeding $800.00 will be charged a 5% Fee to cover the non-refundable payment processing fee incurred at the time of purchase regardless of the reason for cancellation or purchase amount. If you make an order in error, notify Icarus Precision via e-mail as soon as possible at Support@IcarusPrecision.com so the order can be "flagged" for cancelation PRIOR to shipment. Once shipped, orders CANNOT be cancelled, and the regular "return policy" and re-stock fee above will apply.

**NOTE: NON-RETURNABLE Exceptions**

We cannot accept return products due to, but not limited to, customer damage, normal wear and tear, items with custom Cerakote coatings or on any of our limited edition artisan products (i.e. laser engraved/custom products). Additionally, all sales are FINAL on closeouts/clearance products, complete firearms & special orders.

SHIPPING

Shipping rates are automatically generated by our site based on, among other factors, the purchased products and their destination. Due to constant pricing changes from shipping carriers, your shipping total is dependent on what is ordered, the package size, the delivery destination & other factors. Orders are compiled on a weekly basis for shipment on Tuesdays. Orders received between Monday at 12:00am PST through Sundays at 11:59pm PST will ship the following Tuesday unless the website indicates lead times, back ordered, out of stock, or discontinued. We work hard to make sure our website reflects our inventory accurately, but due to supply chain issues, logistics issues, seasonal variation, and other factors outside of our control, actually inventory and shipping times may differ from what the website shows. Orders are shipped once they can be fulfilled in entirety. We do NOT ship partial orders.

Expedited shipping may be requested, but is not guaranteed, and is at the sole expense of the customer. At this time, we do not offer international shipments; please inquire with us directly for information regarding other vendors of our products who may have this service available.

We try our best to get you your purchases on time and as promised. As noted above, factors outside of our control may interfere with product availability and shipping timelines. For this reason, we cannot guarantee arrival times. Thank you for your understanding. We do NOT ship partial orders. Orders containing products purchased on a lead time will NOT ship until they can be filled in full.

COMPLIANCE WITH LAWS

You agree that you will comply with Federal, state, and local laws, rules and regulations pertaining to products and services purchased from us. The goods and services purchased from us, including but not limited to any related drawings, samples, or technical manuals, may be restricted under the Arms Export Control Act, International Traffic in Arms Regulations, Export Administration Act, and/or Export Administration Regulations. In addition, assembly of or with our products, or placing other accessories onto our products, and/or the transport or resale of any of the above may violate applicable laws, rules or regulations and are done at your sole risk. You expressly assume all responsibility and all liability for your conduct and compliance with all laws, rules and regulations, and we expressly disclaim any responsibility or liability therefor.

INDEMNIFICATION

You agree to indemnify, defend and hold harmless Icarus Precision, LLC, its officers, directors, employees, agents, licensors, suppliers and third party information providers from and against all losses, expenses, damages and costs, including reasonable attorneys' fees, resulting from any violation of these Terms by you.

THIRD PARTIES MAY HAVE RIGHTS UNDER THIS AGREEMENT

Some of the provisions of this Agreement are for the benefit of Icarus Precision, LLC and its officers, directors, employees, agents, licensors, and suppliers. Each of these individuals or entities shall have the right to assert and enforce those provisions directly against you on its own behalf.

NO WAIVER

Our failure to insist upon or enforce strict performance of any provision of this Agreement shall not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall act to modify any provision of this Agreement.

LIMITATION OF LIABILITY

DISCHARGING FIREARMS IS AN INHERENTLY DANGEROUS ACTIVITY. YOU ACKNOWLEDGE THAT YOU UNDERSTAND THAT THERE ARE VARIOUS RISKS INVOLVED THE USE OF FIREARMS, INCLUDING BUT NOT LIMITED TO INJURIES OR DEATH CAUSED BY PERSONAL NEGLIGENT OR INTENTIONAL ACTS, THE INTENTIONAL OR NEGLIGENT ACTS OF OTHER PERSONS, FAULTY EQUIPMENT, LIGHTING CONDITIONS, WEATHER, EXCESSIVE NOISE, OR DISTANCE TO MEDICAL CARE FACILITIES. YOU AGREE THAT, PRIOR TO PARTICIPATING IN THESE ACTIVITIES, YOU WILL INSPECT PREMISES AND EQUIPMENT. IF YOU BELIEVE THAT UNSAFE CONDITIONS EXIST, YOU WILL IMMEDIATELY CEASE THE ACTIVITY AND ADVISE ANY AND ALL APPLICABLE AUTHORITIES.

WE DO NOT ACCEPT LIABILITY FOR ANY LOSS BEYOND THE REMEDIES EXPLICITLY SET FORTH HEREIN. EXCEPT AS EXPRESSLY PROVIDED HEREIN, WE WILL NOT BE LIABLE FOR ANY CONSEQUENTIAL, SPECIAL, INDIRECT OR PUNITIVE DAMAGES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR FOR ANY CLAIM BY ANY THIRD PARTY. YOU AGREE THAT FOR ANY LIABILITY RELATED TO YOUR USE OF OUR WEBSITE OR PURCHASE OF OUR PRODUCTS, WE IS NOT LIABLE OR RESPONSIBLE FOR ANY AMOUNT OF DAMAGES ABOVE THE AMOUNT INVOICED FOR THE APPLICABLE PRODUCT. SOME JURISDICTIONS MAY NOT ENFORCE ALL OF THESE LIMITATIONS, AND ONLY THE LIMITATIONS THAT ARE LAWFULLY APPLIED TO YOU IN YOUR JURISDICTION WILL APPLY.

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ICARUS PRECISION

WEB SITE USER TERMS AND CONDITIONS

Please read the following terms and conditions (“Terms”) carefully before using this website or any of our other websites. By accessing or using our sites, or placing an order through our sites for Icarus products or services, you agree to the following terms and conditions. You should review these terms and conditions regularly as they may change at any time, for any or no reason. If you do not agree to any term or condition, you should not access or otherwise use our sites. The following terms and conditions apply to all of our websites, including any websites owned, operated or sponsored by any of our subsidiaries or affiliates. “Content” refers to any materials, documents, images, graphics, logos, design, audio, video, and any other information provided from or on our websites.

CONVENIENCE ONLY

We provide our websites without charge as a convenience and for your information only. By providing access to the website and its content, we do not warrant or represent that: (i) the content is accurate or complete; (ii) the content is up-to-date or current; (iii) the content is free from technical inaccuracies or typographical errors; (iv) the content is free from changes caused by third party; and (v) your access to our website will be free from interruptions, errors, computer viruses or other harmful components.

Use of our website is at the user’s own risk, and we expressly disclaim liability for the matters above or any other. Under no circumstances, including, but not limited to, negligence, shall we be liable for any direct or indirect, special, incidental or consequential damages related to the use of our websites, even if one of our representatives has been advised of the possibility of damages. If your use of our websites results in damages to yourself or others, you assume the costs to the extent the law allows. Some jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages. In such jurisdictions, our liability is limited to the greatest extent permitted by law.

CERTIFICATION

To access our website content or to purchase Icarus products, you must agree to the following:

You have not been convicted in any court of a crime punishable by imprisonment for a term exceeding 1 year;
You are not a fugitive from justice;
You are not an unlawful user of or addicted to any controlled substance;
You have not been adjudicated as a mental defective or been committed to a mental institution;
You are not an alien illegally or unlawfully in the United States or an alien admitted to the United States under a nonimmigrant visa;
You have not been discharged from the Armed Forces under dishonorable conditions;
You have not renounced your United States citizenship;
You are not subject to a court order that restrains you from harassing, stalking, or threatening an intimate partner or child, issued after a hearing ending in a finding that you represent a credible threat to the intimate partner or child OR explicitly prohibits the use, attempted use, or threatened use of force against the partner; and
You have not been convicted of a misdemeanor crime of domestic violence. WEBSITE “AS IS”; NO WARRANTIES

Our website content is provided “as is” and without warranties of any kind, either express or implied. We disclaim all warranties with respect to the website content, express or implied, including, but not limited to, implied warranties and merchantability and fitness for a particular purpose. The only warranties with respect to Icarus products are those expressly set forth in these terms.

NO RESPONSIBILITY FOR THIRD PARTY CONTENT

We may provide hyperlinks or pointers to other websites maintained by third parties or may reproduce third-party content on our website. The links to third-party websites are provided for your convenience and information only. The content in any linked websites is not under our control so we are not responsible for any such content, including any further links in a third party site. If you decide to access any of the third party sites linked to our website, you do this entirely at your own risk.

LINKS ARE NOT ENDORSEMENTS

The fact that we provide a link to a third-party website does not mean that we endorse, authorize or sponsor that website, nor does it mean that we are affiliated with the third-party website’s owners or sponsors.

If a third party links to our website, it is not an indication of an endorsement, authorization, sponsorship, affiliation, joint venture or partnership by or with us. In most cases, we are not aware that a third party has linked to our website. A website that links to our website: (i) may link to, but not replicate, our content; (ii) should not create a browser, border environment or frame of our content; (iii) should not imply that we are endorsing it or its products; (iv) should not misrepresent its relationship with us; (v) should not present false information about our products or services; and (vi) should not contain content that could be construed as distasteful, offensive, or controversial, and should contain only content that is appropriate for all age groups.

SUBMISSIONS NOT CONFIDENTIAL

We do not want to receive confidential or proprietary information from you through our website. If you transmit to or post any material, data, information, or ideas on our website by any means, it will be treated as non-confidential and non-proprietary and may be disseminated or used by us for any purpose. You are not authorized to post on or transmit to or from our website any unlawful, threatening, libelous, defamatory, obscene, scandalous, inflammatory, pornographic, or profane material, or any other content that could give rise to any civil or criminal liability under the law.

YOUR USE OF OUR WEB SITE IS RESTRICTED

Our website and its content are owned and operated by us. Our website’s content is eligible for protection under U.S. and worldwide copyright laws and treaty provisions. In addition, our website content is eligible for protection under domestic and foreign trademark laws, the laws of privacy and publicity, and communications regulations and statutes. No content from www.icarusprecision.com, or any other website owned, operated, licensed or controlled by us may be copied, reproduced, republished, modified, uploaded, posted, transmitted, mirrored, or distributed in any way without our express written consent.

If you violate these restrictions, you may be subject to civil and criminal penalties. If we grant you permission to waive these restrictions, the permission terminates automatically if you breach any of these terms or conditions. Upon termination, you must immediately destroy any downloaded materials and printed materials.

NO LICENSE

The trademarks, service marks, and logos of Icarus Precision, LLC used and displayed on our website are our registered and unregistered trademarks. Nothing on this website should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any of our trademarks without our written permission. Requests to use trademarks owned by other companies mentioned on this website should be directed to such other companies. We aggressively enforce our intellectual property rights. The name and logo(s) of Icarus Precision, LLC, or any other of our subsidiaries or affiliates, may not be used in any way, including in advertising or publicity pertaining to distribution of materials on our website, without prior written permission. You are not authorized to use our logo(s) as a hyperlink to our website unless you obtain our written permission in advance.

YOU MUST OBEY LOCAL LAWS IN ACCESSING OUR WEB SITE

This site is controlled by us from our offices within the United States of America. We make no representation that content or materials in the site are appropriate or available for use in other jurisdictions. Do not access our website content or materials from jurisdictions where such access is illegal. If you choose to access this site from other jurisdictions, you do so on your own initiative and are solely responsible for compliance with all applicable local laws. Any claims relating to our website and its content and materials shall be governed by the laws of the state of Washington without giving effect to any principles of conflicts of laws. You agree that any legal action or proceeding between us for any purpose concerning these Terms shall be brought exclusively in a federal or state court in the state of Washington.

BINDING CHANGES

We may revise these Terms at any time. By using our website, you agree to be bound by any such revisions and should therefore periodically visit this page to determine the then current Terms to which you are bound. Certain provisions of these terms and conditions may be superseded by other legal notices or terms located on parts of our website. In the event of a conflict between these Terms and the terms and conditions of any other written agreement between Icarus Precision, LLC, and its customers or vendors, the express terms and conditions of the latter agreement shall prevail.

INDEMNIFICATION

THIRD PARTIES MAY HAVE RIGHTS UNDER THIS AGREEMENT

NO WAIVER

LIMITATION OF LIABILITY

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