TERMS AND CONDITIONS FOR SALES AND SERVICES
THIS DOCUMENT CONTAINS VERY IMPORTANT INFORMATION REGARDING YOUR RIGHTS AND OBLIGATIONS. BY PLACING OR CONTINUING WITH AN ORDER FOR PRODUCTS OR SERVICES FROM SPT, YOU AFFIRM THAT YOU ARE AT LEAST 18 YEARS OLD AND THAT YOU ACCEPT AND ARE BOUND BY THESE TERMS AND CONDITIONS. THESE TERMS REQUIRE THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS OR CLASS ACTIONS.
These terms and conditions (these "Terms") apply to the purchase and sale of products and services offered by SPT Defense including through http://www.sptdefense.com (the "Website"). SPT Defense (referred to as "us", "we", or "our" as the context may require) may modify these Terms from time to time, after providing notice to you. Any changes to the Terms apply prospectively to any transactions or services made or provided after the “Last Updated Date” referenced in the updated version. The current version of the Terms may be viewed at https://www.sptdefense.com You should review these Terms before purchasing any products or services that are available through the Website. Your continued use of the Website or subsequent purchase of goods or services, after the Last Updated Date will constitute your acceptance of and agreement to such modifications to the Terms. If you are purchasing through a trust or corporate entity, you represent to us that you have authority to agree to these Terms on behalf of that entity and you agree these Terms shall be binding on both you, individually, and that entity.
1. Order Acceptance and Cancellation.
(a) General. You agree that your order is an offer to buy, under these Terms, all products and services listed in your order. All orders must be accepted by us, or we will not be obligated to sell the products or services to you. We may choose not to accept orders at our sole discretion, even after we send you a confirmation email with your order number and details of the items you have ordered. For example, if you do not agree to these Terms, we may choose not to accept your order, in which case we will issue a refund for any amounts you paid in connection with the order. We reserve the right to cancel your order or any portion at any time if we have reason to suspect the transaction would result in an unlawful transfer or unlawful possession of a regulated item, or for violation of these Terms.
(b) NFA Items and Services. The terms in this paragraph apply to your purchases of items regulated by the National Firearms Act, including suppressors, SBRs, and integrated uppers (each an “NFA Item”) and services to assist with the filing of NFA-related applications and other documentation with ATF, such as the Form 1 and Form 4 (“NFA Services”). When you purchase an NFA Item from us and identify your selected dealer, you hereby authorize us to transfer the NFA Item to your selected dealer, in your state, via an ATF Form 3 transfer. We will then assist your selected dealer to initiate the Form 4 transfer to you. If you change your mind before we have transferred the NFA Item to your selected dealer, please contact our customer support and we will address your concerns or provide a full refund, if you prefer. By purchasing an NFA Item from us, you accept all risk of loss or damage occurring during shipment or as the result of any action or inaction of your selected dealer. Your selected dealer cannot deliver NFA Items to you until the transfer is approved by ATF under federal law, therefore we cannot guarantee any specific delivery date or time period. Our ability to process your order depends on you providing certain necessary information within a reasonable time. We will let you know what information is needed. If you do not provide the necessary information requested within 90 days of placing your order for NFA Items or NFA Services, we reserve the right to cancel your order and issue a non-refundable store credit for future goods or services purchased from us.
(c) Possession Prior To Final Delivery. If your order is cancelled for any reason, if your selected dealer ceases to be an SPT Defense dealer, or if your selected dealer becomes at risk of losing their federal firearms license, we may retake possession of any NFA Items that are part of your order and/or cause such items to be delivered to another SPT Defense dealer, at our sole and absolute discretion.
(d) No Agency Status. SPT Defense dealers are separately owned and controlled companies. Neither they nor their employees are agents, representatives, or employees of SPT Defense and neither they nor their employees have the authority to speak for, represent, act on behalf of, or obligate SPT Defense in any way.
2. Prices and Payment Terms.
(a) All prices, discounts, and promotions posted on the Website are subject to change without notice. The price charged for a product or service will be the price in effect at the time the order is placed and will be set out in your order confirmation email. Price increases will only apply to orders placed after such changes. Posted prices do not include taxes or charges for shipping and handling. All such taxes and charges will be added to your merchandise total and will be itemized in your shopping cart and your order confirmation email. We strive to display accurate price information, however, we may, on occasion, make inadvertent typographical or clerical errors, inaccuracies, or omissions related to pricing and availability. If such an inadvertent error occurs, we may correct any errors, inaccuracies, or omissions at any time prior to the delivery of the affected product(s) or service(s) and/or cancel any orders arising from such occurrences.
(b) We may offer, from time to time, promotions on the Website that may affect pricing and that are governed by terms and conditions separate from these Terms. If there is a conflict between the terms for a promotion and these Terms, the promotion terms will govern.
(c) Terms of payment are within our sole discretion and payment must be received by us before we accept an order. You represent and warrant that (i) the credit card information you supply to us is true, correct, and complete, (ii) you are duly authorized to use such credit card for the purchase, (iii) charges incurred by you will be honored by your credit card company, and (iv) you will pay charges incurred by you at the posted prices, including shipping and handling charges and all applicable taxes, if any, regardless of the amount quoted on the Website or Portal at the time of your order.
3. Shipments; Delivery; Title and Risk of Loss.
(a) We will arrange for shipment of the products to you (except for NFA Items, which will be transferred and delivered to your selected dealer). Please check the individual product page for specific delivery options. You will pay all shipping and handling charges specified during the ordering process. Shipping and handling charges are reimbursement for the costs we incur in the processing, handling, packing, shipping, and delivering your order.
(b) Title and all risk of loss pass to you upon our transfer of the products to the carrier, whether for delivery to you or to your selected dealer. Shipping and delivery dates are estimates only and cannot be guaranteed. We are not liable for any delays in shipments.
(c) We ship only within the United States. There are certain restrictions on products being shipped to AK & HI. We encourage all customers to research the laws in the state they live in prior to ordering products. Certain Law Enforcement products may require proper documentation prior to shipment.
(d) We DO NOT export any products outside of the US. If we determine any order to be for exporting or for freight forwarding the order will be cancelled and refunded.
(e) All in-stock items are shipped within 3 - 5 days from date of purchase. Orders placed on Friday will be processed the following Monday. If you have any questions of whether we can ship to you or if documentation is required prior to shipment, please contact us at info@sptdefense.com.
4. Returns and Refunds.
The following information pertains to returns of all items.
(a) Third-Party Purchases. The terms in this Section regarding returns and refunds apply only to purchases made directly from SPT Defense, whether through the Website or over the phone with an authorized representative of SPT Defense. Products or services you purchase directly from your local dealer or other third-party cannot be returned to or refunded by SPT Defense. In certain instances, local dealers may collect payments for services to be performed by SPT Defense, including payments for NFA tax stamps. In those situations, the dealer is responsible for entering into a separate transaction with SPT Defense to procure these services. If you purchase these services from your local dealer, you will only be able to seek a refund for those services from your local dealer in accordance with your dealer’s refund policy. This is true even if that local dealer is a SPT Defense dealer. SPT Defense dealers are separately owned and controlled companies. Neither they nor their employees are agents, representatives, or employees of SPT Defense and neither they nor their employees have the authority to speak for, represent, act on behalf of, or obligate SPT Defense in any way. If you would like the below terms regarding returns and refunds to apply to your purchase, you must purchase these services directly from SPT Defense, either through the Website or over the phone with an authorized SPT Defense representative.
(b) NFA Items and Services. You may request a full refund of your purchase of NFA Items at any time before initiation of the transfer process. For purposes of refund requests, the transfer process for purchase of an NFA Item subject to a Form 4 transfer is considered initiated upon our delivery of the NFA Item to your selected dealer; To request a refund, please give us a call or send us an email before the transfer process is initiated and we will help you make changes to your order or issue a full refund. Additional information is provided below:
(i) For Form 4 purchases, refunds will be offered up to the time we transfer the NFA Item to your selected dealer (after ATF’s approval of the Form 3 that authorizes transfer from us to your selected dealer). Once the initial transfer has occurred, it requires significant time and resources both from SPT Defense and your selected dealer to regain possession of the item. In some instances, it is simply not possible. Therefore, once we have shipped the NFA Item to your selected dealer, no returns will be accepted, and no refunds will be given. If you request a refund after disapproval or return without action by ATF, we will take reasonable steps, subject to our discretion, to work with your selected dealer to recover the NFA Item. If we are able to recover the NFA Item in new condition with original packaging, we will return your purchase price minus a restocking fee equal to 50% of the purchase price. When possible, your refund will be credited back to the same payment method used to make the original purchase. If we are unable to recover the NFA Item in new condition with original packaging, no refund will be made for that item. We work hard to minimize the time from your purchase to your lawful possession, however, the timing of several components of an NFA transaction are out of our control, including ATF processing times for the Form 3 and Form 4, eForms outages and malfunctions, and actions (or inaction) of your selected dealer. Consequently, by purchasing an NFA Item from us, you agree not to cancel your order after the time the transfer process begins (upon delivery of the NFA Item to your selected dealer) and you agree that no refunds will be given based on any failure to achieve lawful delivery to you by a particular date or within a particular amount of time from purchase.
(c) Product Defects. For defective returns, please refer to the manufacturer’s warranty included with the product or as detailed in the product’s description on our website.
5. Feedback and Reviews.
Any feedback, reviews, suggestions, testimonials, endorsements, information or materials you choose to convey to us through the Website, through email, or otherwise in connection with any products or services we offer or sell shall be collectively deemed “Feedback.” You agree to grant and hereby grant to us a non-exclusive, perpetual, irrevocable, royalty free, worldwide license (with the right to grant and authorize sublicenses) to use, display, publish, make, have made, import, offer for sale, sell, reproduce, distribute, modify, adapt, prepare derivative works of, perform, and otherwise exploit such Feedback without restriction.
6. No Legal Advice.
The information and materials on the Website, as well as related links, are provided for informational purposes only. They are not intended as and do not constitute legal advice and should not be acted upon as such. The materials and links are also not our legal opinions, nor are the materials represented as being all-inclusive, complete, or up to date. SPT Defense is not a law firm and does not practice law. None of our customer support, sales, or compliance staff are attorneys and none are qualified or authorized to provide legal guidance or opinions. Your communications with us are governed by our Privacy Policy but are not protected by an attorney-client privilege or relationship. Our services and products are not substitutes for advice from a licensed attorney. Any information, materials, or products you receive from us are not and will not be customized or tailored to your particular circumstances or needs based on legal analysis specific to your situation. We strongly encourage you to work with a licensed attorney to ensure any trust form you utilize is appropriate for your specific goals and needs. If you seek a legal opinion, solution, or guidance from us, these Terms are not waived by any response you might receive. You agree any information of a legal nature you solicit or receive from us, or any affiliated party or employee is not a legal service, and you agree to treat any such information as unauthorized and unreliable as a legal opinion. You assume responsibility for determining and obtaining any legal representation you might require because of your use of our products and services.
7. Manufacturer's Limited Lifetime Warranty.
SPT Defense is committed to delivering the best quality products possible to our customers. We manufacture and control all of the products and services offered on our website and are covered by the manufacturer's limited lifetime warranty as detailed in the product's description on our website, and which are included with the product. To obtain warranty service for defective products, please follow the instructions included in the manufacturer's limited lifetime warranty.
The Limited Lifetime Warranty extends ONLY to the original retail purchaser with original proof of purchase and only when purchased from an authorized SPT Defense retailer or reseller.
If the product requires service, please contact the retailer or reseller you purchased the item from.
This warranty is given only to the original purchaser of the product.
This warranty shall be restricted to the country/region of product purchase.
This warranty is only valid and enforceable in the US where the product is sold.
This warranty shall last for the lifetime of the product and only with the original purchaser. The invoice/receipt will be required as the proof of purchase.
This warranty covers the expenses for inspecting and repairing the product during the warranty period. We will repair or replace, free of charge, any suppressors manufactured by SPT Defense found to be defective due to Materials and Craftsmanship.
Any defective product shall be delivered by the purchaser to the reseller store or authorized dealer, along with the receipt.
We will either repair the defective product or trade it out with a swap unit in good working condition. All replaced faulty products or components will not be returned to the purchaser.
The repaired or replaced product shall continue to be warranted for the remaining time of the original warranted period.
This warranty shall NOT apply for the defect that is resulting from the following list:
9.1 Operation with components or accessories that do not come with the original package.
9.2 Normal Wear: SPT Defense uses the highest quality materials in the construction of our suppressors. There are times, when even the toughest of materials, will wear out from use. SPT Defense does not warranty this wear as it is not a defect in materials or craftsmanship. Accelerated wear will occur when using short rifle barrels where there is not enough barrel length to consume all the gunpowder during the burn in the gun. The shorter the barrel, the quicker the wear becomes. Also, suppressors that are full auto rated are rated for full auto, in moderation. Just make sure not to overheat. All things wear out from use, even suppressors.
9.3 Negligence: This warranty does not cover damage to the suppressor and/or host firearm resulting in whole or in part from criminal or negligent use, improper or careless handling, modifications, defective and/or improper hand-loaded or reloaded ammunition, or neglect.
9.4 Improper Installation: This warranty does not cover damage to the suppressor or host firearm due to improper installation of the suppressor, or an improperly threaded barrel.
9.5 Government Surplus/Cheap Ammunition: This warranty does not cover damage when using Government Surplus Ammo. Surplus ammo often has issues with it, or it would not be surplussed. We do not recommend the use of reloaded ammunition. We recommend reputable ammo only, with the use of your suppressor. There is ammunition that is of such poor quality that it can not be recommended for use in a suppressor. You should experiment without your suppressor installed to confirm that your ammo/firearm combination is producing consistent accuracy prior to installing and using our suppressor on your system.
9.6 Charge to Owner: Any repairs not covered by this warranty will be charged to the owner.
We reserve the right to add, delete or amend the terms and conditions at any time without prior notice.
8. Limitation of Liability.
IN NO EVENT SHALL WE BE LIABLE TO YOU OR ANY THIRD PARTY FOR CONSEQUENTIAL, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE OR ENHANCED DAMAGES, LOST PROFITS OR REVENUES, LOST OPPORTUNITIES, OR DIMINUTION IN VALUE, ARISING OUT OF, OR RELATING TO, AND/OR IN CONNECTION WITH ANY TRANSACTION FOR THE SALE OF GOODS OR SERVICES UNDER THIS AGREEMENT, ANY PROVISION OR FAILURE TO PROVIDE GOODS OR SERVICES, OR ANY BREACH OF THESE TERMS, REGARDLESS OF (A) WHETHER SUCH DAMAGES WERE FORESEEABLE, (B) WHETHER OR NOT WE WERE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND (C) THE LEGAL OR EQUITABLE THEORY (CONTRACT, TORT, OR OTHERWISE) UPON WHICH THE CLAIM IS BASED.
OUR SOLE AND ENTIRE MAXIMUM LIABILITY, FOR ANY REASON, AND YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY CAUSE OR CLAIM AGAINST US WHATSOEVER, INCLUDING YOUR OR OUR NEGLIGENCE, SHALL BE LIMITED TO THE ACTUAL AMOUNT PAID BY YOU FOR THE PRODUCTS AND SERVICES YOU HAVE ORDERED THROUGH OUR SITE.
The limitation of liability set forth above shall: (i) only apply to the extent permitted by law and (ii) not apply to liability resulting from our gross negligence or willful misconduct.
9. Goods Not for Resale or Export.
If you are not a Federal Firearms Licensee, you represent and warrant that you are buying products or services from the Website for your own personal or household use only, and not for resale or export. You further represent and warrant that all purchases are intended for final delivery to locations within the US.
10. Privacy.
We respect your privacy and are committed to protecting it. Our Privacy Policy governs the processing of all personal data collected from you in connection with your purchase of products or services through the Website.
11. Force Majeure.
We will not be liable or responsible to you, nor be deemed to have defaulted or breached these Terms, for any failure or delay in our performance under these Terms when and to the extent such failure or delay is caused by or results from acts or circumstances beyond our reasonable control, including, without limitation, acts of God, flood, fire, earthquake, explosion, governmental actions, war, invasion or hostilities (whether war is declared or not), terrorist threats or acts, riot or other civil unrest, national emergency, revolution, insurrection, epidemic, lockouts, strikes or other labor disputes (whether or not relating to our workforce), or restraints or delays affecting carriers or inability or delay in obtaining supplies of adequate or suitable materials, materials or telecommunication breakdown or power outage.
12. Governing Law and Jurisdiction.
The Website is operated from the US. All matters arising out of or relating to these Terms or any sale or provision of goods or services by us to you are governed by and construed in accordance with the internal laws of the State of Tennessee without giving effect to any choice or conflict of law provision or rule (whether of the State of Tennessee or any other jurisdiction) that would cause the application of the laws of any jurisdiction other than those of the State of Tennessee.
13. Dispute Resolution and Binding Arbitration.
(a) YOU AND SPT Defense ARE AGREEING TO GIVE UP ANY RIGHTS TO LITIGATE CLAIMS IN A COURT OR BEFORE A JURY, OR TO PARTICIPATE IN A CLASS ACTION OR REPRESENTATIVE ACTION WITH RESPECT TO A CLAIM. OTHER RIGHTS THAT YOU WOULD HAVE IF YOU WENT TO COURT MAY ALSO BE UNAVAILABLE OR MAY BE LIMITED IN ARBITRATION.
(b) ANY CLAIM, DISPUTE, OR CONTROVERSY (WHETHER IN CONTRACT, TORT, OR OTHERWISE, WHETHER PRE-EXISTING, PRESENT, OR FUTURE, AND INCLUDING STATUTORY, CONSUMER PROTECTION, DATA PROTECTION, COMMON LAW, INTENTIONAL TORT, INJUNCTIVE AND EQUITABLE CLAIMS) BETWEEN YOU AND US ARISING FROM OR RELATING IN ANY WAY TO YOUR PURCHASE OF PRODUCTS OR SERVICES FROM US, OR PROVISION OF DATA TO US OR MAINTENANCE OF DATA BY US (INCLUDING PERSONAL IDENTIFIABLE INFORMATION, BIOMETRIC DATA, OR OTHER CONFIDENTIAL OR SENSITIVE INFORMATION), WILL BE RESOLVED EXCLUSIVELY AND FINALLY BY BINDING ARBITRATION AS DESCRIBED IN THIS SECTION.
(c) The arbitration will be administered by the American Arbitration Association ("AAA") in accordance with the Consumer Arbitration Rules (the "AAA Rules") then in effect, except as modified by this Section. The Federal Arbitration Act will govern the interpretation and enforcement of this section.
(d) The arbitrator will have exclusive authority to resolve any dispute relating to arbitrability and/or enforceability of this arbitration provision, including any unconscionability challenge or any other challenge that the arbitration provision or the agreement is void, voidable, or otherwise invalid. The arbitrator will be empowered to grant whatever relief would be available in court under law or in equity. Any award of the arbitrator(s) will be final and binding on each of the parties and may be entered as a judgment in any court of competent jurisdiction.
(e) The arbitrator shall award the prevailing party its reasonable attorneys’ fees, including reasonable fees for work performed by in-house counsel, as well as the amount of the arbitrator’s fees and any other costs of arbitration. In the event of a split ruling, the arbitrator shall split the award of such costs and fees in accordance with each party’s respective success.
(f) You agree to an arbitration on an individual basis. In any dispute, NEITHER YOU NOR SPT Defense WILL BE ENTITLED TO JOIN OR CONSOLIDATE CLAIMS BY OR AGAINST OTHER CUSTOMERS IN COURT OR ARBITRATION OR OTHERWISE PARTICIPATE IN ANY CLAIM AS A CLASS REPRESENTATIVE, CLASS MEMBER OR IN A PRIVATE ATTORNEY GENERAL CAPACITY. The arbitral tribunal may not consolidate more than one person's claims and may not otherwise preside over any form of a representative or class proceeding. The arbitral tribunal has no power to consider the enforceability of this class arbitration waiver and any challenge to the class arbitration waiver may only be raised in a court of competent jurisdiction. If any provision of this arbitration agreement is found unenforceable, the unenforceable provision will be severed, and the remaining arbitration terms will be enforced.
No amendment of this Section 13, titled Dispute Resolution and Binding Arbitration, shall apply to any claim, dispute, or controversy of which SPT Defense had actual notice on the date of amendment.
14. Assignment.
You will not assign any of your rights or delegate any of your obligations under these Terms without our prior written consent. Any purported assignment or delegation in violation of this Section is null and void. No assignment or delegation relieves you of any of your obligations under these Terms.
15. No Waivers.
The failure by us to enforce any right or provision of these Terms will not constitute a waiver of future enforcement of that right or provision. The waiver of any right or provision will be effective only if in writing and signed by a duly authorized representative of SPT Defense.
16. No Third-Party Beneficiaries.
The failure by us to enforce any right or provision of these Terms will not constitute a waiver of future enforcement of that right or provision. The waiver of any right or provision will be effective only if in writing and signed by a duly authorized representative of SPT Defense.
17. Notices.
(a) To You. We may provide any notice to you under these Terms by (i) by posting to the Website. It is your responsibility to ensure you read and access the terms on the website.
(b) To Us. To give us notice under these Terms, you must contact us by personal delivery, overnight courier, or registered or certified mail to SPT Defense at 694 Highway 19 E, Bluff City, TN, 37618. We may update the address for notices to us by posting a notice on the Website. Notices provided by personal delivery will be effective immediately. Notices provided by overnight couriers will be effective one business day after they are sent. Notices provided by registered or certified mail will be effective three business days after they are sent.
18. Severability.
If any provision of these Terms is invalid, illegal, void, or unenforceable, then that provision will be deemed severed from these Terms and will not affect the validity or enforceability of the remaining provisions of these Terms.
19. Entire Agreement.
These Terms and our Privacy Policy will be deemed the final and integrated agreement between you and us on the matters contained in these Terms.
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