Terms & Conditions

JUST HOLSTER IT, LLC

STANDARD TERMS AND CONDITIONS

SUBJECT TO CHANGE AT ANY TIME WITHOUT NOTICE

 

These standard terms and conditions (these Terms and Condition’s of Just Holster It, LLC, (Seller) shall bind Seller and its customer, including all affiliates (collectively, Buyer’s) and shall govern all transactions between Seller and Buyer, without exception.

Applicability

By doing business with Seller, each and every Buyer:  (i) accepts, agrees and consents to these Terms and Conditions, and (ii) agrees and acknowledges that these Terms and Conditions shall control in the event of any conflict between these Terms and Conditions and any purchase order, contract, agreement, confirmation, invoice, receipt, shipping manifest and other document or instrument issued or put forth by Buyer, including without limitation any email, letter or other communication sent by Buyer to Seller (singularly, Other Agreement and collectively, Other Agreements).  No Other Agreement shall be considered a counteroffer, amendment, modification, or rejection of these Terms and Conditions.

Buyer’s receipt and acceptance of product from Seller shall constitute Buyer’s acceptance of these Terms and Conditions and a rejection of any contrary terms put forth by Buyer.

All Other Agreements shall be deemed to incorporate by reference these Terms and Conditions, with or without an express reference hereto.

Seller reserves the right to unilaterally modify or amend these Terms and Conditions at any time without prior notice. The current version of these Terms and Conditions and any modifications or amendments supersedes all prior versions of these Terms and Conditions. The most current version of these Terms and Conditions may be found at Seller’s website (www.justholsterit.com) and is otherwise available upon request.

No variation of these Terms and Conditions is binding on Seller unless (i) in writing and (ii)a signed and dated by Seller’s President.

Orders

Seller reserves the right to reject any order, for any reason or no reason, in Seller’s sole discretion.  Any order not rejected by Seller within 5 business days of receipt shall be deemed accepted by Seller.  Once an order is accepted or deemed accepted by Seller, the order may not be changed or cancelled except by written agreement signed and dated by both Buyer and Seller’s President.  Any cancelled order is subject to a cancellation charge equal to the lesser of: (i)Buyer’s deposit, (ii) Seller’s cost for any material purchased specially for Buyer’s order, including all shipping and storage costs, and mold materials and cancellation fees incurred by Seller, or (iii)Â 30% of the Remainder of the Purchase Order. The cancellation charge is due on demand.

Once an order is accepted by Seller, it may not be assigned or otherwise transferred by Buyer without Seller’s prior written consent, which Seller may withhold in Seller’s sole discretion.  No attempted assignment of any order by Buyer shall be deemed valid nor relieve Buyer of its obligation to accept and pay for products ordered.

Delivery, Delays.  All sales which are delivered sales are FOB Destination, and title and risk of loss or damage transfers to Buyer at the Buyer’s receiving location.  Carriers are chosen by Seller, with normal carrier freight prepaid by Buyer.  All other sales are FOB Seller’s shipping point, and title and risk of loss or damage transfers to Buyer at that point. Seller reserves the right, in its sole discretion, to: (i) determine the carrier and method of shipment and (ii) make delivery in installments, all such installments to be separately invoiced and paid for when due per invoice, without regard to subsequent deliveries, and  delay in receipt of any installment shall not relieve Buyer of Buyer’s obligations to accept remaining installments.

Delivery dates communicated or acknowledged by Seller are approximate only.  Unless stated otherwise in a written purchase order, Seller shall not be liable for, nor be deemed in breach as a result of, any delivery made within a reasonable time before or after the communicated delivery date.  Seller agrees to use commercially reasonable efforts to meet the delivery dates communicated or acknowledged by Seller, provided that Buyer has provided all necessary order and delivery information prior to such delivery date.

Where Seller permits Buyer to pick up product at Seller’s facility, Buyer agrees unconditionally and at Buyer’s sole cost to deliver the product to the destination indicated on the order.  In addition to any other remedy available to Seller, Buyer shall reimburse Seller for the full amount of any allowance granted to Buyer for pick up if the product is not delivered to the required location indicated on the order.

Sellers performance under any accepted order shall be excused in the event of fire, explosion, flood, severe weather, accident, strike, governmental act, pandemic, embargo, shortage of raw materials or fuel, computer system failure, war or military action, riot, civil disturbance or any other event beyond Seller’s control or which materially and substantially affects the economic basis of the bargain (“Force Majeure”).  Seller’s performance in the event of a Force Majeure shall be excused for so long as the cause continues, without liability.  If the Force Majeure shall continue unabated for sixty (60) consecutive days, Seller may, at its option, cancel any order so affected without liability.

Product Allocation.  If Seller is unable for any reason to fill Buyer’s complete order, Seller may allocate its available supply among any or all customers on such basis as Seller may deem fair and practical, without liability for any failure of performance which may result therefrom.

Pricing.  Prices quoted in any quote or accepted purchase order are for the products described therein only.  Seller does not agree to hold prices constant or continue pricing on future orders.  In the absence of explicit pricing in an accepted order, prices applicable are those in effect at the time of Seller’s acceptance of the order.

Shipment will be made promptly even if prices have been nominally increased.  Price changes will be automatically applied to Buyer’s invoice.

Payment.  Unless stated otherwise in an accepted purchase order: (i) terms of sale are net 30 days of date of invoice and (ii) all payments shall be in US dollars in immediately available funds, without set off or deduction.  If Buyer’s financial condition or any Force Majeure results in Seller’s insecurity, in Seller’s sole discretion, as to the collectability of the purchase price, Seller may, on written notice to Buyer, delay or postpone delivery of the product unless and until Buyer has paid for the order in full or in part, per Seller’s election.

Delinquent payments shall be subject to post maturity interest charges of one and one-half percent per month or the highest rate permitted by law at the point of delivery.

Upon Buyer’s default, whether in payment or otherwise, of any accepted order, Seller, at its option, without prejudice to Seller’s other lawful remedies, may defer delivery, cancel the order, or sell any undelivered product for Buyer’s account and apply the net proceeds as a credit, without set-off or deduction of any kind, against the purchase price.  In such case Buyer agrees to pay the balance then due to Seller on demand.

Buyer agrees to pay all costs, including, but not limited to, reasonable attorney and accounting fees and other expenses of collection resulting from any default by Buyer in any transaction with Seller.  Buyer shall not be entitled to withhold payment of any amount due to Seller in respect of any claim, whether for damaged product or otherwise; nor shall Buyer be entitled to any right of set-off.  Seller reserves the right to require Buyer to pay for product in full in advance if Buyer fails to maintain credit account arrangements satisfactory to Seller.

Taxes and Other Charges

Buyer shall pay and be solely liable for all sales tax, use tax, excise tax, duty, custom, inspection or testing fee, or any other tax, fee, or charge of any nature whatsoever imposed by any governmental authority, on or measured by the transaction between Seller and Buyer. If Seller is required to pay any such tax, fee, or charge, Buyer shall reimburse Seller therefor, on demand; or, in lieu of such payment, Buyer shall provide Seller at the time the order is submitted an exemption certificate or other document acceptable to the authority imposing the tax, fee, or charge.

Warranty, Limitation of Liability

Representations regarding the composition and performance of the product are believed reliable, but Seller MAKES NO WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, REGARDING SUCH INFORMATION OR PRODUCT EXCEPT THAT SELLER WARRANTS IT HAS GOOD TITLE TO THE PRODUCT, AND THE PRODUCT WILL CONFORM TO THEN-CURRENT SPECIFICATIONS AT THE TIME OF DELIVERY. SELLER EXPRESSLY DISCLAIMS THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. Seller’s warranties shall be deemed null and void if Seller determines, in its sole discretion, that Buyer has misused the product in any manner, has failed to use the products in accordance with industry standards, or has failed to use the products in accordance with instructions, if any, furnished by Seller.

Seller’s sole and exclusive liability and Buyer’s exclusive remedy with respect to products proved to Seller’s satisfaction to be defective or non-conforming shall be replacement of such products without charge or refund of the purchase price, in Seller’s sole discretion, upon return of such product in accordance with Seller’s instructions.

SELLER SHALL NOT IN ANY EVENT BE LIABLE FOR INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, OR SPECIAL DAMAGES OF ANY KIND RESULTING FROM ANY USE OR FAILURE OF THE PRODUCT, EVEN IF SELLER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE INCLUDING, WITHOUT LIMITATION, PERSONAL INJURY INCLUDING DEATH, PROPERTY DAMAGE, LIABILITY FOR LOSS OF USE, LOSS OF WORK IN PROGRESS, LOSS OF REVENUE OR PROFITS, OR ANY LIABILITY OF BUYER TO A THIRD PARTY ON ACCOUNT OF SUCH LOSS.

Returns

Product may not be returned for any reason except with Seller’s written permission, and then only in strict compliance with Seller’s return shipment instructions.

Returns are excluded for the following products:

• Any product that is a non-stock, non-standard product.
• Any holster with lasers/lights, optics, RMRs, or other accessories attached.
• Custom OWB Holster Pancake Style.

Electronics Return Policy

If you need to return an electronic item, please review the following policy:

• Restocking Fee: All returned electronics are subject to a 20% restocking fee, which will be deducted from your refund.
• Shipping Costs: Customers are responsible for all shipping expenses, including the cost of shipping the item to you and the return shipping back to us.
• Condition of Returns: Items must be returned in their original condition, including all packaging, accessories, and documentation. Products that are damaged, missing components, or show signs of use may not be eligible for a full refund.
• Return Authorization: Please contact us before returning any item to obtain a Return Authorization (RA) number. Returns without an RA number may be refused.
• Refund Processing: Refunds will be issued to the original payment method once the returned item has been received, inspected, and approved.

Claims

Claims against Seller in connection with defective or non-conforming products must be made in writing within thirty (30) days of the date of delivery. Claims for over, short, and damaged shipments must be made within ten (10) days of delivery. Any claim made beyond the maximum period permitted is deemed waived by Buyer and may be rejected by Seller. Defective products are subject to inspection and review by Seller prior to adjustment of the claim.

ANY LEGAL ACTION AGAINST SELLER IN CONNECTION WITH THE SALE OF GOODS, INCLUDING BUT NOT LIMITED TO QUANTITY, PRICE, CONDITION, PROMOTIONAL ALLOWANCES, PRODUCT PERFORMANCE, OR BREACH OF WARRANTY, UNDER ANY THEORY, MUST BE COMMENCED WITHIN ONE (1) YEAR OF THE DATE OF INVOICE. THEREAFTER, SUCH SUITS ARE BARRED, OTHER STATUTES OF LIMITATIONS NOTWITHSTANDING.

Governing Law, Jurisdiction, Venue

All disputes arising out of any transaction between Seller and Buyer shall be: (i) governed by New York law, without regard to conflicts of law, and (ii) resolved only in the state or federal courts located in or serving Erie County, New York; and Buyer hereby submits to the jurisdiction of such courts and waives all objections to venue in such courts. The 1980 United Nations Convention on Contracts for the International Sale of Goods does not apply to these Terms and Conditions.

Export Compliance

Buyer agrees not to export, re-export, or provide products to any person, entity, or destination prohibited under United States law from receiving such products without obtaining prior U.S. Government authorization. Seller’s warranties may vary or may be null and void for products exported outside the United States. Unless otherwise specifically agreed by Seller in writing, Buyer takes full responsibility for ensuring that all products comply with the laws of the country of destination. Neither party shall take (or be required to take) any action that is impermissible or penalized and shall refrain from taking any action that is prohibited under the laws of the United States or any applicable foreign jurisdiction, including without limitation the United States anti-boycott laws.

Compliance with Laws

Buyer will comply with all applicable anti-bribery and anti-corruption laws, regulations, rules, and requirements, including the United States Foreign Corrupt Practices Act (“FCPA”), the laws, regulations, rules, and requirements of Buyer’s country, and any other applicable laws, regulations, rules, and requirements.

Indemnification

Buyer shall defend, indemnify, and hold Seller harmless from and against all third-party claims alleging: (i) violation of any third party’s intellectual property, where said claim alleges that a product, product design, product configuration, mark, logo, or other intellectual property requested of Seller by Buyer infringes the third party’s intellectual property, or (ii) fault, liability, or damages, whether direct or indirect, arising from the use, misuse, or non-use of any product sold or delivered by Seller. Should Buyer fail or refuse to satisfy its obligation herein, Seller may undertake such defense of a claim as determined by Seller in its sole discretion, and Buyer shall reimburse Seller for all costs and expenses incurred, including without limitation reasonable attorneys’ fees, court costs, and costs of appeal, on demand.