*When attempting to place an order, all potential customers will be required to affirm as true the following statements in the Affidavit by initialing each statement:*
Affidavit for Potential Customers
· I am not currently less than twenty-one (21) years old.
· By selling or delivering ammunition to me, Design Analysis, LLC (“DA”) is not violating any state or local law or ordinance.
· I am not under indictment for and have never been convicted in any court of a crime punishable by imprisonment for over one year.
· I am not a fugitive from justice.
· I am not an unlawful user of or addicted to any controlled substance including, but not limited to, marijuana or any depressant, stimulant, or narcotic drug.
(Warning: The use or possession of marijuana remains unlawful under Federal Law regardless of whether it has been legalized or decriminalized for medicinal or recreational purposes in the state where you reside.)
· I have not been adjudicated as a mental defective and I have not been committed to any mental institution.
· I am not an illegal or unlawful alien.
· I have never been and I am not expected to be discharged from the Armed Forces under dishonorable conditions.
· I have not renounced my U.S. citizenship.
· I am currently not subject to a restraining order of any kind.
· I have never been and I am not expected to be convicted in any court of a misdemeanor crime of domestic violence.
Agreement to Indemnify and/or Defend for Misrepresentation
In the event that any of the above statements under the “Customer Affidavit” section of these Terms and Conditions of Purchase are determined to be untrue, I will release, hold harmless, indemnify, and pay to defend DA, its owners, agents, officers, and employees against any resulting civil liability or criminal prosecution.
Release of Liability and Agreement to Indemnify and Defend
By placing an order with DA, I understand and acknowledge that I alone am responsible for how the product I purchased from DA is used by me and by any other party. I explicitly agree to release, hold harmless, indemnify, and pay to defend DA, its owners, agents, officers, and employees against any resulting damages and/or civil liability or criminal prosecution arising from or related to the products I have purchased, including but not limited to the use of the product, the storage of the product, and the transportation of the product. In the event that any other party files a claim of any kind against DA, I will indemnify and pay to defend DA, its owners, agents, officers, and employees against any resulting civil liability or criminal prosecution.
Assumption of Shipping Liability
DA will strive to best ensure that your product reaches your door as timely and efficiently as possible. However, we cannot guarantee that the shipping carrier will not lose or damage your product or, that once delivered, your product will not be damaged or stolen. Once your product is delivered to the address you have provided, you assume all responsibility for the safety of the product and therefore explicitly release DA from all liability and responsibility thereafter.
In the event that I choose to file a complaint against DA or any of its owners, agents, officers, or employees, I agree that such a complaint must be filed within a court located in Duval County, Florida. I agree that any complaints filed within any other jurisdiction shall be immediately removed to a court within Duval County, Florida and I agree to reimburse DA, its owners, agents, officers, and employees for any costs they may each incur in defending against the complaint or effecting its removal until such time that the complaint is properly filed within a court located in Duval County, Florida.
Class Action Waiver
I expressly agree that any dispute resolution proceedings, including but not limited to, litigation, arbitration, and mediation, will be conducted only on an individual basis and not in a class, consolidated, or representative action. By making this express agreement, I acknowledge and affirm that this is a knowing, voluntary, and permanent waiver of any right to bring federal, state, or local claims as any part of, or on behalf of, any class or any other individuals, before a court or other tribunal.
Restrictions on Shipping Destination
I understand that DA does not ship outside the United States or to Alaska, Hawaii, Massachusetts, Chicago, or any other area within the United States where DA is prohibited by federal, state, or local law to ship the product(s). I also understand that if I attempt to have the product(s) shipped to these restricted areas, my order will be cancelled and I will be subject to paying a cancellation fee as explained below.
Order Cancellation or Changes by Customers
Orders may not be cancelled or changed by our customers once submitted. In addition, for your security, our customer service team cannot alter any product information or credit card charges once you place your order.
If your refuse to accept delivery of any order that you placed, we cannot issue a full refund to you. Instead, we must deduct the full cost of shipping both ways (cost to ship back is the same as the initial shipping cost to you), plus a restocking fee equal to 10% of your order. We will return the remainder to you as either a store credit or partial refund.
Order Cancellation by Design Analysis
DA reserves the option to cancel any orders where the purchaser has not abided by these Terms and Conditions. In the event that DA chooses to cancel your order, you will receive a refund of the full amount of the purchase less a $10.00 cancellation fee or 3% of the total purchase amount, whichever is greater.
For safety reasons, we do not allow returns once the product has been delivered.
PLEASE NOTE: If product in your possession was received damaged, damage must be documented in your Return Request Form with pictures of the damage supplied. Please contact us to make a return request. If your Return Request is approved, you are responsible for properly packing and securing your return order to protect it from damage incurred in transit back to our warehouse. All returned product is examined upon arrival and check-in at our warehouse and only product in New/Sellable condition will receive a full credit (unless the damage occurred in transit to your location and you properly notified and documented the damage in your initial Return Request Form). If for any reason you decide you want the product back after it has been received at our warehouse, we will gladly ship the product back to you after collecting additional payment from you to cover the extra shipping cost.