BAT Machine Co., Inc. | 11550 N. Bruss Rd. | Rathdrum, ID | 83858 CALL US TODAY: (208) 687-0341
Bat Machine Co. precision rifle actions, machining and tooling

Terms & Conditions

BAT Machine’s Terms and Conditions

All orders placed with BAT Machine are subject to the following terms and conditions, as well as any additional terms and conditions presented on or accompanying a BAT Machine quotation or order acknowledgment. Orders given pursuant to an existing agreement are also subject to the terms of such agreement, and such terms shall control in the case of any conflict with the provisions hereof. Contrary, inconsistent or additional provisions in Customer’s printed form are specifically objected to. No Customer Purchase Order shall be binding without BAT Machine’s written order acknowledgement.

1. DEFINITIONS

“Customer” means the person or entity however constituted whose order is accepted by BAT Machine and to whom Product is provided.

“Product” means any goods supplied or to be supplied to the Customer, including any equipment, part or item (including software, if any), whether complete or incomplete, or service which BAT Machine may be in the business of supplying.

“Purchase Order” means Customer’s document formalizing the acquisition of Product, exclusive of any printed terms and conditions thereon.

“BAT Machine” means BAT Machine, Inc. and/or its designated affiliates.

2. ORDERS

All orders are subject to acceptance by BAT Machine, in its sole discretion, at its general office in Rathdrum ID, U.S.A., even if taken elsewhere by a salesman, selling agent, or representative. After an order is accepted, delivery of Product made up or in process may not be deferred or extended by Customer beyond the delivery date originally projected by BAT Machine without the written consent of BAT Machine. No Product shall be returned at any time without permission of an authorized BAT Machine factory official. BAT Machine will consider requests for authorization to return Product of current design for credit if Customer offers to prepay return freight plus a reasonable handling charge to cover necessary inspection, reconditioning, repacking, and restocking.

3. PRICE

Unless otherwise stated, prices are for Product only and do not include sales tax or shipping and handling charges, if applicable. On-site installation assistance, training, and service are not included unless specified in a separate contract or as a line item on the quotation or order acknowledgment. Prices for quotations are based on receiving a single order and are effective for that quotation only. A quotation price shall remain open for 30 days from its date. Product shall be shipped freight prepaid by BAT Machine, with freight added as a separate charge on the invoice. Unless otherwise provided for in a separate quotation by BAT Machine, all freight charges shall be paid by Customer. If an Order issued by Customer does not contain shipping instructions, BAT Machine shall ship Product via commercial surface transportation, selecting a carrier based on the shipping rates as negotiated in good faith by BAT Machine.

4. TERMS OF PAYMENT

BAT Machine accepts payment by cash, check, Visa, MasterCard. Subject to approval by BAT Machine’s Credit Department, terms of payment shall be due in full within 30 days from the invoice date unless otherwise specified on the invoice. All action orders must be accompanied by a $300 non-refundable deposit and must be paid in full before product will be shipped. In addition, Customer shall be liable for all costs of collection, including attorney fees and court costs, if any. All payments must be made in United States currency unless otherwise authorized by BAT Machine in writing on an order acknowledgment.

5. DELIVERY, TITLE, RISK OF LOSS, AND INSURANCE

Shipping dates are estimated in good faith but are not guaranteed by BAT Machine. Title, risk of loss and insurance responsibilities pass to the Customer upon delivery of Product by Seller to and acceptance of Product by a shipping agent, carrier, or any other party instructed to carry out shipment, whether or not such party is employed by Customer. BAT Machine shall have no obligation to give Customer notice of shipment of Product. Product called for hereunder may be tendered in partial shipments. Signed Federal Firearms License must be received before action can be shipped.

6. CANCELLATION

In the event of cancellation by Customer, BAT Machine shall be reimbursed upon its review and determination for all work performed and/or material expenses incurred. Once accepted, BAT Machine reserves the right to cancel the order or any portion thereof if Customer’s financial condition, in BAT Machine’s judgment, does not justify the terms of payment specified, unless at BAT Machine’s option, Customer shall, upon demand, immediately pay for all Products shipped and all Products not yet delivered.

7. TESTING AND INSPECTION

BAT Machine will test and inspect all Product prior to shipment in accordance with its normal practices without special charge to Customer. BAT Machine reserves the right to make an extra charge for other tests or inspections requested by Customer.

8. LICENSES AND PERMITS

All responsibility for obtaining export licenses or governmental permits rests with Customer.

9. PACKING

All Product shall be packaged or packed for domestic shipment in accordance with standard commercial practices for protection in shipment and storage. BAT Machine reserves the right to impose a reasonable charge for packing and/or packaging to comply with Customer’s specifications or instructions.

10. TECHNICAL DATA

Unless otherwise specifically agreed to in writing by Customer and BAT Machine, any and all drawings, tooling, equipment, procedures, data, engineering changes, and specifications made or supplied by BAT Machine in the production of any Product sold hereunder shall be and remain the sole property of BAT Machine.

11. PATENTS

BAT Machine shall hold Customer harmless from any and all expenses or losses resulting from infringement of United States Letters Patent in connection with the purchase, manufacture, or use of BAT Machine designated Product, provided BAT Machine is promptly notified in writing of any alleged infringement and given the right to modify Product and make them non-infringing. Customer shall defend and hold BAT Machine harmless against any expenses or losses from infringement of patents, trademarks, or other industrial property rights arising from manufacture by BAT Machine of Product according to Customer’s design, specifications or instructions.

12. CHANGES

BAT Machine reserves the right to reject any change requested by Customer or require an equitable adjustment in the event Customer and BAT Machine agree to any requested changes with respect to (i) drawings, designs, or specifications, (ii) method of shipment or packing, or (iii) place or time of delivery. All changes, including changes in payment, must be made in writing and either mailed or faxed to BAT Machine in advance of any order fulfillment activities by BAT Machine.

13. SUBCONTRACTING

BAT Machine reserves the right to subcontract the furnishings of any Product requested by Customer’s order or any portion thereof.

14. GENERAL

Any waiver of the terms and conditions hereof, or any waiver of any breach hereof by Customer, either directly by BAT Machine or by operation of law or in equity, shall not be deemed to be a waiver of any subsequent failure of strict compliance with the performance of each and every item of this agreement.

15. COMPLIANCE WITH FEDERAL LAW

If applicable, BAT Machine shall certify that Product sold hereunder shall be produced in compliance with the Fair Labor Standards Act of 1938, as amended (29 U.S. 201-219) and the Equal Opportunity Clause adopted under procedure authorized in Executive Order 11246 on September 24, 1965, and related rules, regulations, and orders thereunder.

16. RETURN AUTHORIZATION GUIDELINES

No Product may be returned without a BAT Machine-assigned Return Authorization (“RA”) number, issued by a BAT Machine inside sales representative.

Claims for non-conforming orders will not be considered unless made in writing to BAT Machine within ten (10) days after Customer’s receipt of product.

All packages and correspondence MUST be marked with the number. Any packages received without a visible RA number will be rejected.

Products are to be returned within thirty (30) days of issuance of an RA number.

Products must be returned in original containers, freight charges prepaid by Customer. (Freight charges will be credited back to Customer should BAT Machine determine the product is defective per the guidelines below.)

Product purchased through a reseller or distribution must be returned through that reseller or distributor.

NON-DEFECTIVE PRODUCT RETURNS:

Non-defective Product may be eligible for return if:
(i) it was purchased within the past six (6) months.
(ii) it is in new condition (has not been installed or used in any way).

A minimum 25% restocking fee is applicable to all product returns.

Credit for returned product, less the restocking fee, will be issued once the product is received at the BAT Machine designated facility and all conditions of these Return Authorization Guidelines or contract terms, if any, are satisfied.

DEFECTIVE PRODUCT RETURNS:

BAT Machine, or its authorized or designated representative, reserves the right to inspect the claimed defective product to confirm the existence of such a defect.

After receipt, inspection and testing of the in-warranty returned product, if BAT Machine determines that:
(i) the returned product was defective at the time of delivery, and such defect or failure was not due to misuse or mishandling by Customer, then BAT Machine shall repair or replace the defective product at its sole option and discretion.
(ii) the returned product is not defective, then the Customer shall be invoiced a “No Trouble Found” charge of $100.00 plus freight charges to return the product, and the product will be returned to Customer, identified as “No Trouble Found”.

In-warranty repaired or replaced product shall be returned to the Customer’s site with freight charges prepaid.

In emergency, out-of-service situations, replacement product will be sent immediately and invoiced at original price paid by customer. Upon BAT Machine’s receipt and inspection of the returned product, if deemed defective by BAT Machine, credit will be issued to Customer for the returned product and freight charges.

Out-of-warranty products returned for repair are subject to BAT Machine’s repair service procedures, available from the BAT Machine inside sales representative.

17. WARRANTY

A. BAT MACHINE STANDARD WARRANTY
BAT Machine warrants to Customer that Product sold hereunder is free from defects in material and workmanship under normal use and service, subject to exceptions stated herein. Product purchased is warranted for the period, starting from the date of shipment to the original Customer, set forth in Section E, below. Notwithstanding the forgoing, Product BAT Machine acquires from or through a third-party manufacturer or distributor and resells to Customer as the original customer will carry the manufacturer’s pass-through warranty, if any, in accordance with Section D, below. Since BAT Machine’s responsibility ceases upon delivery of Product in good order to a carrier, any claims for damage or shortage in transit must be brought against the carrier.

B. WARRANTY CLAIM PROCEDURE
If any Product purchased from BAT Machine is defective under the above warranty, Customer must so notify a BAT Machine inside sales representative promptly after receipt of Product and return Product pursuant to BAT Machine’s return authorization guidelines. Upon receipt, BAT Machine, or its authorized or designated representative, shall have the right to inspect the claimed defective Product to confirm the existence of such a defect. If BAT Machine determines the Product was defective at the time of delivery, BAT Machine shall repair or replace the defective Product at its sole option and discretion, and return the repaired or replacement Product to Customer with shipping charges prepaid to Customer’s site.

C. LIMITATIONS OF WARRANTY
CORRECTION OF DEFECTS BY REPAIR OR REPLACEMENT SHALL CONSTITUTE THE EXCLUSIVE SOLE REMEDY FOR A BREACH OF THIS LIMITED WARRANTY, AND BAT MACHINE WILL NOT BE LIABLE FOR ANY CONSEQUENTIAL DAMAGES OR PERSONAL INJURY OR FOR LOSSES, DAMAGES, OR EXPENSES DIRECTLY OR INDIRECTLY RESULTING FROM THE USE OF PRODUCT.

BAT Machine assumes no warranty liability with respect to defects in Product caused by:

Customer’s modification of Product, except as described in BAT Machine’s instruction manual, if applicable;

Customer’s attempt to repair Product.

Customer’s negligent, accidental, or other improper use of Product;

Customer’s installation, operation, or maintenance of Product other than in a manner described in the instruction manual, if applicable.

Customer’s combination of BAT Machine Product with product(s) not supplied by BAT Machine.

18. ADDITIONAL WARRANTY PROVISIONS
BAT Machine’s warranty for equipment purchased by BAT Machine from a third-party manufacturer or its distributors and sold to Customer individually or as part of a BAT Machine system shall be limited to those warranties, if any, offered by the equipment manufacturer on a pass-through basis to Customer. BAT Machine does not assume any warranty liability for any items purchased by Customer from a third party which are drop shipped to BAT Machine for factory installation. Any repairs made by BAT Machine after the warranty period are warranted for ninety (90) days from the date of repair or date of return shipment to Customer, whichever is applicable.

19. WARRANTY PERIOD

Warranty periods for BAT Machine Product are dependent upon the Product’s general product classification. The general product classifications and related warranty periods are as follows:

20. BAT Actions limited lifetime
THE ABOVE WARRANTY SUPERSEDES AND IS IN LIEU OF ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, AND ALL OTHER OBLIGATIONS OR LIABILITIES OF BAT MACHINE, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. No agent, distributor, or other party is authorized to make any warranties on behalf of BAT Machine or to assume for BAT Machine any other liability in connection with any BAT Machine Product.

21. FORCE MAJEURE

BAT Machine shall not be liable for any default or delay attributable to any cause, circumstance, or contingency beyond its control or the control of its suppliers or manufacturers which prevents or impedes manufacture, supply, or delivery by BAT Machine. Such causes, circumstances, and contingencies shall include, but not be limited to: acts of God; governmental acts, decrees or restrictions; accidents; wars, riots, or civil commotion; fire; strikes, lockouts, or other labor problems; restraints affecting shipment or credit; non arrival or delay of carriers; inadequate or reduced supply or excessive cost of suitable raw materials, transportation or production facilities; and any other causes, circumstances, or contingencies affecting BAT Machine, its suppliers, or manufacturers as to manufacture, supply, or delivery. In the event of such default or delay, the date for shipment shall be extended correspondingly. BAT Machine may make delivery on an equitable basis with reference to all its Customers. No orders may be cancelled unless acceptable to BAT Machine. If payment is to be made by letter of credit and if the letter of credit should expire prior to the date of completion of the products, Customer shall extend the letter of credit promptly on terms acceptable to BAT Machine, or shall otherwise assure full and prompt payment in a manner acceptable to BAT Machine.

22. CONTRACT

There are no representatives, agreements, warranties, conditions, or obligations, expressed or implied, relating to the subject matter of this sale except as set forth herein and in any written contract between Customer and BAT Machine.

23. GOVERNING LAW AND PLACE OF JURISDICTION

The construction, validity, and performance of this agreement between BAT Machine and Customer shall be governed by the laws of the State of Idaho, United States of America, without reference to its choice of law rules. BAT Machine and Customer expressly submit and consent to the jurisdiction and venue of the State or Federal courts located in Rathdrum, ID, for the trial of any lawsuit arising out of the contract for sale. Any action for the breach of the contract for sale must be commenced within one (1) year after the cause of action has accrued.

SALES OUTSIDE OF THE U.S.A.

The construction, validity, and performance of this agreement between BAT Machine and Customer shall be governed by the laws of the State of Idaho, United States of America, without reference to its choice of law rules. BAT Machine and Customer expressly submit and consent to the jurisdiction and venue of the State or Federal courts located in Rathdrum, ID, for the trial of any lawsuit arising out of the contract for sale. Any action for the breach of the contract for sale must be commenced within one (1) year after the cause of action has accrued.

24. GOVERNING LAW

This Agreement shall be governed by internal laws of the State of Idaho, United States of America, without reference to its choice of law rules and excluding the United Nations Convention on the International Sale of Goods.

25. GOVERNING LANGUAGE

The parties hereby confirm that they have agreed that all written documents between them shall be prepared in the English language only and such language shall be the governing language.

26. EXPORT RESTRICTIONS

A. Customer expressly assumes responsibility for determining the need for and obtaining import licenses, currency exchange approvals and any other governmental approvals that may be necessary to permit the sale, purchase and payment for Product ordered by Customer and imported into any Territory pursuant to this Agreement.

27. QUESTIONABLE PAYMENTS

Customer shall at all times comply, and shall cause its directors, officers, employees and agents to abide by and comply, in all respects, with the United States Foreign Corrupt Practices Act (15 U.S.C. ยงยง78dd-1, 78dd-2, 78dd-3 and 78m, as amended) and all United States governmental agency regulations applying or interpreting said Act and, to the extent applicable in any non-U.S. jurisdiction, with the Convention on Combating Bribery of Foreign Public Officials in International Business Transactions (Dec. 18, 1997, 37 I.L.M 1 (1998), and/or the European Union Convention on the Fight Against Corruption Involving Officials of the European Communities or Officials of the Member States of the European Union (O.J. No. C195, 25.06.1997, May 26, 1997), or any similar treaty, convention, law or regulation applicable in the jurisdiction in question.

BAT Machine Co., Inc. | 11550 N. Bruss Rd. | Rathdrum, ID | 83858 CALL US TODAY: (208) 687-0341