TERMS AND CONDITIONS OF SALE

PLEASE READ THESE TERMS AND CONDITIONS OF SALE VERY CAREFULLY

1. The terms and conditions of sale are limited to those contained herein, except to the extent such other terms and conditions are accepted in a writing signed by Sig Sauer, Inc. Any additional or different terms and conditions submitted by Buyer in any form, oral or written, including without limitation, Buyer’s purchase order, are rejected and shall not be binding on Sig Sauer Inc., whether or not they would materially alter this document, and Sig Sauer Inc. objects thereto.  Buyer will be deemed to have assented to all terms and conditions contained herein if any part of the goods described herein are shipped or an invoice is presented in connection with the goods.
2. Title to the goods priced at the shipping point passes to Buyer, and Sig Sauer Inc.’s liability as to delivery ceases, upon making delivery of the goods to carrier at the F.O.B. shipping point in good condition. Title to the goods priced at destination shall pass to Buyer upon delivery at the destination specified.
3. Buyer is under a duty after receipt of the goods to examine and test them before use or application. Buyer has the obligation to determine suitability of the goods for Buyer’s intended use or application, and assumes all risks, costs and liabilities for results obtained.  Unless otherwise specifically set forth in a writing signed by Sig Sauer Inc., Sig Sauer Inc. makes no representations which extend beyond the description on the face of Sig Sauer Inc.’s invoice, and (with the exception of Sig Sauer Inc’s Standard Commercial Warranties available at sigsauer.com/warranty) Sig Sauer Inc. disclaims all express and implied warranties of any type, including, without limitation, any warranties of merchantability or fitness for a particular purpose. In no event will Sig Sauer Inc.’s liability to Buyer exceed the amount paid for the goods by Buyer.  Sig Sauer Inc. shall not be liable for any special, indirect, incidental, or consequential damages of any character, whether in contract or tort (including negligence and strict liability).
   
   
4. No claim of any kind whether as to goods delivered or for non-delivery of goods shall be greater in amount than the purchase price of the goods in respect to which such damages are claimed. Buyer must provide written notice to Sig Sauer Inc. concerning any claimed defects or quality problems with the goods as soon as possible, but in any event within ninety (90) days after the invoice date for the goods. With respect to all other claims relating to the goods, including, but not limited to, those relating to pricing, shipping or entry errors, Buyer must provide written notice to Sig Sauer Inc. as soon as possible after delivery, but in any event within thirty (30) days after the invoice date for the goods.  Failure to give written notice within the tie periods set forth above shall constitute an irrevocable acceptance of the goods and a waiver by Buyer of all claims in respect of such goods.  In the event such timely notice is given by Buyer, Sig Sauer Inc. shall be given a reasonable opportunity to investigate the matter, including an opportunity to inspect the goods in question.  No charges or expenses incident to any claims will be allowed unless approved by an authorized representative of Sig Sauer Inc.  Goods shall not be returned to Sig Sauer Inc. for any reason, including for credit, without Sig Sauer Inc.’s permission.  No claim will be allowable after the goods have been treated or processed in any manner.  Buyer must commence any action based on a breach of any of the terms and conditions of this sale within one (1) year of the date of delivery of the goods which are subject of such claim or within one (1) year of the date of the alleged breach, whichever occurs first.
   
   
5. Buyer agrees to pay for the goods according to Sig Sauer Inc.’s payment terms. In the event Buyer fails to fulfill the terms of payment, or in case Sig Sauer Inc. shall have any doubt at any time as to Buyer’s financial responsibility, Sig Sauer Inc. may decline to make further deliveries except upon receipt of cash or satisfactory security to cover the cost of the goods being shipped. Overdue balances will accrue interest at 1.5% per month, or the maximum permitted by law, whichever is less.
   
   
6. Buyer shall reimburse Sig Sauer Inc. for all taxes, excise or other charges which Sig Sauer Inc. may be required to pay to any government (Nation, State or Local) upon the sale, production or transportation of the goods.
   
   
7. Any portion of this order not taken by Buyer in the month originally specified, may be postponed or cancelled at Sig Sauer Inc.’s option, without tender or notice to Buyer. Such postponement or cancellation shall not affect any remaining portion of the order.
   
   
8. Sig Sauer Inc. shall make a good faith effort to complete delivery of the goods as indicated by Sig Sauer Inc. in writing, but Sig Sauer Inc. assumes no responsibility or liability for loss or damage due to non-performance, including delay or inability to deliver, directly or indirectly caused by fire, explosion, accident, flood, labor trouble or shortage, war, act of or authorized by any Government, inability to obtain suitable material, equipment, fuel, power or transportation, delays of carriers, contractors or suppliers, acts of Buyer or third parties, acts of God or any other cause of any kind beyond Sig Sauer Inc.’s control. Goods affected by ay such circumstances may be eliminated without liability, but this agreement shall otherwise remain unaffected.  Unless previously agreed upon, Sig Sauer Inc. shipping dates given in advance of the actual shipment are best estimates based upon current shipping schedule and information received from suppliers and shall not be deemed to represent fixed or guaranteed shipping dates.
   
   
9. This order is not assignable or transferable by Buyer, in whole or in part, except with the written consent of Sig Sauer Inc.
   
   
10. In the event of inability for any reason to supply the total goods specified in this order, Sig Sauer Inc. may allocate its available supply proportionally among any and all purchasers without liability for any failure of performance which may result therefrom.
    
    
11. Buyer warrants and represents that none of the goods being sold hereunder will be sold by Buyer for export except in strict compliance with United States law and all other applicable laws. Buyer will indemnify and hold Sig Sauer Inc. harmless for and from any and all costs, damages and liabilities resulting from any action by Buyer related to any export of the goods being sold hereunder.
    
    
12. Any controversy arising out of this sale shall be determined by the law of the State of New Hampshire, including the Uniform Commercial Code as enacted by New Hampshire.
    
    
13. Waiver by Sig Sauer Inc. of any breach of these terms and conditions shall not be construed as a waiver of any other breach.
    
    
14. All orders are subject to acceptance by Sig Sauer Inc., or its authorized credit sources.
    
    
15. These Terms and Conditions of Sale shall not apply to purchases made through the sigsauer.com webstore. Applicable terms of sale for such purchases may be found at sigsauer.com/terms-of-sale.
    
    
16. All notices must be sent to:
    
    Sig Sauer Inc.
    72 Pease Boulevard
    Newington, New Hampshire 03801
    603-610-3000

17. SIG SAUER Alerts:  SIG SAUER Alerts is a program that lets customers opt-in to receive text message notifications from SIG SAUER. To subscribe to marketing updates such as event or product information, text JOIN to (TBD). Messages and data rates may apply. Depending on your text plan, you may be charged by your carrier. Messages are recurring, and the frequency of those messages may vary. [One-off programs] You will receive 1 message per query. Text STOP to (TBD) to cancel the SIG SAUER Alerts service. After doing so you may receive an opt-out confirmation, and then will no longer receive any texts from SIG SAUER. For more information, text HELP to (TBD)  or contact Customer Service at 603-610-3000. Carriers do not guarantee that alerts will be delivered and will not be liable for delayed or undelivered messages.