OEM TERMS AND CONDITIONS

OEM Accounts Terms & Conditions

This agreement is to be governed by the laws of the state of Indiana and remains posted on the BRDC.us website as reference for OEM customers. Issuence of any Purchase Order with Battle Rifle Development Company, LLC governs automatic acceptance of these below stated terms and conditions.

QUOTATIONS – Clerical errors are subject to correction. Orders/contracts are subject to acceptance at Battle Rifle Development Company LLC’s home office.

CANCELLATIONS – Orders may be canceled or deliveries deferred only upon the condition that the buyer assumes immediate liability and makes payment for all work completed and in process. Such charges shall include raw material, unamortized tooling, engineering, handling, overhead, and production costs. Such charges to be determined at time of cancellation or deferment. Orders placed and cancelled on a multiple month commitment to achieve specific pricing discounts are subject to back payment of the lost profits for the pricing difference for the quantity ordered, shipped, and/or in process. Battle Rifle Development Company LLC reserves the right to cancel a contract at any time without penalty if it cannot meet the requirements of the contract.

DELIVERY/SHIPMENTS – Battle Rifle Development Company LLC shall not be liable for damages for default or delay in production or delivery for causes beyond its control, including an accident to or breakdown of its equipment embargoes, acts of God, supplier delays, government restrictions, and riot or carrier delays. “Best commercial practice” packaging is standard. Buyer shall bear the expense of all packaging and shipping charges and are shipped FOB Indiana unless stated otherwise.

TAXES – All sale and/or use taxes and Custom duties imposed by Federal, state, county or municipal authority upon Battle Rifle Development Company LLC’s transfer and delivery of merchandise hereunder shall be paid by the buyer.

PAYMENT TERMS – All sales, if on credit, are net 30 days from date of shipment, unless otherwise specified on invoice. Buyer shall pay for all collection costs, attorney’s fees and court costs incurred in collection, regardless of whether judicial action is taken or otherwise.

SPECIFICATION – Buyer agrees to provide Battle Rifle Development Company LLC with an original copy of all required specifications. If the buyer fails to provide a clear original copy of all specifications, Battle Rifle Development Company LLC will request a written release from responsibility for any product manufactured that does not meet the specifications. Battle Rifle Development Company LLC can offer their own products built to their own proprietary specifications should the buyer not possess specifications for the product ordered. The product supplied by Battle Rifle Development Company LLC will conform to their own specifications as declared on the quote.

INSPECTION – Unless otherwise specified and agreed to Battle Rifle Development Company LLC will inspect parts per ANSI/ASQC Z1.4 sample size per table I, general inspection level II , single normal inspection at AQL 1.0 table II-A

CLAIMS – In all claims for shortages, buyer must notify seller within 3 days of receipt of shipment. The original packaging, including exterior cartons, must be saved so that Battle Rifle Development Company LLC can make a claim with the carrier. Charges for repair or inspection of parts by buyer, without prior written authorization, cannot be honored. Claims will not be honored on those parts further processed by buyer resulting in change of dimensions or characteristics from parts ordered.

TOOLING – Tools, dies, gages, fixtures are an integral part of the manufacturing process and are included in engineering charges and are property of Battle Rifle Development Company LLC. As a proprietary item, payment by the buyer, whether separately quoted or not, conveys neither, ownership or the right of removal from Battle Rifle Development Company LLC’s possession.

PATENTS – The products hereunder are manufactured in accordance with either the buyer’s specification and design or the specification and design of Battle Rifle Development Company LLC. Accordingly, buyer shall defend and save harmless Battle Rifle Development Company LLC from all damages, claims, actions or suits based upon actual or alleged infringement of any patent registered in the U.S. or elsewhere. Indemnity shall include attorney fees and other costs in defending such claim.

WARRANTY – Battle Rifle Development Company LLC warrants that goods manufactured will conform to the drawings and specification furnished by buyer or under the specifications provided by Battle Rifle Development Company LLC. Where products are used and combined with other equipment or components not furnished by Battle Rifle Development Company LLC or further processed by the buyer, buyer agrees to indemnify seller for all claims and expenses resulting from the use or incorporation into buyer’s products.

There are no other warranties, expressed or implied, either of merchant-ability or fitness for purpose.

LIMITED LIABILITY – Battle Rifle Development Company LLC’s liability shall be limited to the amount of the contract in process or completed.

COMPLETE CONTRACT – This agreement constitutes the entire contract between Buyer and Battle Rifle Development Company LLC. No modification hereof shall be of any force and effect unless in writing and signed by the party claimed to be bound thereby, and no modification shall be effected by an acknowledgment or acceptance by Battle Rifle Development Company LLC of a purchase order from Buyer containing any different terms and conditions, which terms and conditions, to the extent inconsistent, shall be deemed superseded by the terms and conditions set forth herein and in the other documents delivered by Battle Rifle Development Company LLC and Buyer. A waiver of any of the terms or conditions hereof shall not be deemed a continuing waiver, but shall apply solely to the instance to which the waiver is directed.

The foregoing states Battle Rifle Development Company LLC’s entire and exclusive liability. In no event will Battle Rifle Development Company LLC be liable for consequential or special damages arising from any defect or use of its products.