Returns and Warranty
Ammunition products cannot be returned at any time unless specified by an authorized Commonwealth Ammunition representative. Seller reserves the right to refuse any return or exchange.
It is our goal at CWA, Inc. to manufacture high quality products. To this end, we make every effort to maintain high standards of workmanship, materials and quality. Therefore, we warrant that all CWA’s products delivered under a specific order will be free from defects in workmanship and material under normal and customary service. CWA’s liability under this warranty is limited exclusively to the repair or replacement without cost to the customer (at our option) of any individual component delivered under the order that we find to contain defects in workmanship or material. CWA will be liable for repair or replacement only if a defect in our product is identified within a 10-day period after the receiving date by the Buyer. If a legitimate defect is identified, the Buyer shall submit written notification stating the defect to CWA and CWA shall receive such written notification no later than 20 days after the receiving date of the product by the Buyer. CWA’s liability hereunder does not extend to any products, articles or parts thereof:
(i) Which are free from defects in workmanship and material, but do not perform satisfactorily in the intended application of the Buyer;
(ii) Which are assembled into ammunition, installed, operated, maintained, repaired, or altered or which have been subjected of misuse, accident or neglect; and
(iii) The Buyer undertakes to indemnify and keep indemnified the CWA, Inc. against all claims, actions, demands, proceedings, losses and costs in connection with any infringement or alleged infringement of any patent, registered design or other intellectual property right in the manufacture, sale or application of the goods arising out of or in connection with the matters described below.
THE FOREGOING WARRANTY IS EXCLUSIVE AND IN LIEU OF ALL OTHER WARRANTIES, EXPRESSED OR IMPLIED, INCLUDING THE WARRANTIES OF MERCHANTABILITY AND FITNESS AND CWA, INC. SHALL NOT BE LIABLE FOR ANY LOSS OR DAMAGE, DIRECTLY OR INDIRECTLY, ARISING FROM THE USE OF SUCH MERCHANDISE OR FOR CONSEQUENTIAL DAMAGES. THIS WARRANTY SHALL NOT BE EXTENDED, ALTERED OR VARIED EXCEPT BY A WRITTEN INSTRUMENT SIGNED BY THE PARTIES.
When purchasing CWA products, the customer will be asked to signify agreement with certain statements and terms of sale. These agreements are CWA’s attempt to verify that the customer has researched and is aware of all applicable laws and regulations in his or her jurisdiction pertaining to CWA products. The customer will be asked to verify that he or she meets the legal purchasing age, and that the customer is not criminally disabled from possession of CWA products. To this end, the customer may be asked to verify that he or she is not is disqualified by Federal, state or local law from possessing or acquiring ammunition.
Agreement to Indemnify and Defend for Misrepresentation
In the event that information provided by the customer under the “Customer Affidavit” is determined to be untrue, the customer agrees to release, hold harmless, indemnify, and pay to defend CWA and its owners, agents, affiliates, 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 CWA, the customer understands and acknowledges that he or she alone is responsible for how the product purchased from CWA is used. The customer explicitly agrees to release, hold harmless, indemnify, and pay to defend CWA and its owners, agents, officers, and employees against any resulting damages and/or civil liability or criminal prosecution arising from or related to the products the customer has purchased, including but not limited to the use, storage, and transportation of the product. In the event that any other party files a claim of any kind against CWA, the customer agrees to indemnify and pay to defend CWA and its owners, agents, officers, and employees against any resulting civil liability or criminal prosecution
In the event that the customer chooses to file a legal action or complaint against CWA or any of its owners, affiliates, agents, officers, or employees, the customer agrees that such a complaint must be filed within a court located in Pennsylvania. The customer agrees that any complaints filed within any other jurisdiction shall be immediately removed to a court within Florida and agrees to reimburse CWA and 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 Florida.