The following terms and conditions shall apply to all purchase transactions made by the customer/applicant identified on the account application to which these terms and conditions are attached and made a part (the “Customer”):
- Resale. Customer is purchasing for re-sale (at retail) purposes only. Customer agrees to obtain and maintain a state resale (sales tax) number and certificate in the state in which Customer conducts its business.
- Compliance with laws. Customer shall obtain and maintain all necessary federal, state and municipal business licenses and permits for its retail firearms and/or related accessories business. Customer agrees to maintain a thorough knowledge of and to fully comply with all current federal, state and local firearms regulations (FFL customers only).
- Export Restrictions. Certain firearms (including Barrett, FN, Glock, HK, Ruger, Smith & Wesson, and others) and optical products (including EOTech, Leupold, Trijicon, and others) may not be exported without the express written consent of the manufacturer. Customer agrees that it will not export, directly or indirectly, any export restricted products without first obtaining the written consent of the manufacturer and in full compliance with U.S. government export licensing requirements (i.e., U.S. Department of State ITAR regulations and Department of Commerce BIS regulations). Customer should contact the manufacturer prior to exporting any product to ensure compliance.
- Place of Business. Customer understands and agrees that, as a condition to the purchase of firearms, its FFL licensed place of business must have a storefront and be open to the public during scheduled business hours for the display and sale of products. Firearm dealers may be required to submit pictures showing their storefront with signage and product display.
- Notification. Customer agrees to promptly notify Hyperion Munitions in the event of any revocation of its FFL or any other required business license. Customer agrees to promptly notify Hyperion Munitions of any changes in the ownership or control of its business or in the form of its business entity (e.g. partnership, corporation, sole proprietorship).
- Payment. Invoiced payment amounts not paid by the due date shall bear interest and service charges of 1.5% per month. Any returned checks will be subject to a $25.00 service charge. Any delinquent payments or returned checks may result in the account being changed to cash prepay or COD only.
- Returns. Customer agrees not to return any merchandise to Hyperion Munitions without prior authorization, and subject to a 10% re-stocking charge. Any defective merchandise is to be returned directly to the manufacturer in accordance with their warranty and return policies.
- Warranties. The only warranties applicable to the products sold by Hyperion Munitions are any express warranties that come from the manufacturer of the products. Customer understands and agrees that Hyperion Munitions makes no representations or warranties of any kind or nature concerning the products it sells. Customer agrees to waive any and all implied warranties, including merchantability or fitness for a particular purpose.
- Security Interest. Customer grants to Hyperion Munitions a purchase money security interest in any products sold to Customer on credit, and a first security lien right in all products purchased from Hyperion Munitions to secure the payment of all amounts Customer owes Hyperion Munitions. Customer hereby authorizes Hyperion Munitions to sign any document required to perfect Hyperion Munitions security interest, including financing statements under the Uniform Commercial Code.
- Collection. Customer understands and agrees that if credit is extended, all invoices are to be paid by the due date on the invoice. Customer shall be liable for all costs incurred by Hyperion Munitions in the collection of any delinquent account, including attorney fees.