The following Terms and Conditions apply to the use of this Web site as well as all transactions conducted through the site.
All brand, product, service, and process names appearing on this Web site are trademarks of their respective holders. Reference to or use of a product, service, or process does not imply recommendation, approval, affiliation, or sponsorship of that product, service, or process by Gear Head Works®. Nothing contained herein shall be construed as conferring by implication, estoppel, or otherwise any license or right under any patent, copyright, trademark, or other intellectual property right of Gear Head Works® or any third party, except as expressly granted herein.
These items may be subject to the International Traffic in Arms Regulation (ITAR) and other export control laws. The purchaser of this item agrees to comply with all applicable export control laws and obtain all required export licenses before transferring this or related services to any non-United States person.
USE OF GEAR HEAD WORKS®,LLC PRODUCTS CONSTITUTE ACCEPTANCE OF THESE TERMS AND CONDITIONS. ANY ADDITIONAL, INCONSISTENT, OR DIFFERENT TERMS AND CONDITIONS CONTAINED IN BUYER’S PURCHASE ORDER OR OTHER DOCUMENTS SUBMITTED BY BUYER TO GEAR HEAD WORKS®, LLC AT ANY TIME, WHETHER BEFORE OR AFTER THE DATE HEREOF, ARE HEREBY EXPRESSLY REJECTED.
WARRANTY. GEAR HEAD WORKS®, LLC warrants that its products shall be free from defects in material or workmanship for a period of one (1) year from the date of sale. Gear Head Works®, LLC’s obligation under this warranty is limited to the repair or replacement of any parts which are (i) determined by Gear Head Works®, LLC to be defective and (ii) are returned within said one (1) year period to Gear Head Works®, LLC at PO Box 49 Christiana , TN 37037 , or such other place as Gear Head Works®, LLC may designate in writing, with all transportation charges prepaid by BUYER. Gear Head Works®, LLC’s repair / replacement costs are limited only to repair or replacement (at Gear Head Works® option). This warranty also is conditioned, if requested, upon BUYER furnishing satisfactory evidence that the parts alleged to be defective had been properly installed, maintained and correctly operated under normal conditions and within the operating limits for which the parts are offered and sold. This warranty shall not apply to any parts that have been subjected to misuse, abuse, neglect, improper installation, improper storage, handling, or maintenance. EXCEPT AS EXPRESSLY STATED IN THIS SECTION, GEAR HEAD WORKS®, LLC MAKES NO WARRANTY, EXPRESS OR IMPLIED, WHETHER OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR USE OR OTHERWISE, WITH RESPECT TO THE GEAR HEAD WORKS®, LLC PRODUCT OR LABOR FURNISHED IN CONNECTION WITH THE SALE, DELIVERY OR SERVICING OF THE GEAR HEAD WORKS®, LLC PRODUCT.
LIMIT OF GEAR HEAD WORKS®, LLC LIABILITY. IN NO EVENT SHALL GEAR HEAD WORKS®, LLC BE LIABLE FOR SPECIAL, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES, WHETHER IN CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR OTHERWISE, INCLUDING WITHOUT LIMITATION DAMAGES FOR DEATH, INJURY TO PERSON OR PROPERTY, LOST PROFITS OR REVENUE, LOST SALES, OR LOSS OF USE OF ANY PRODUCT. BUYER’S SOLE AND EXCLUSIVE REMEDY AGAINST GEAR HEAD WORKS®, LLC, AND ITS DISTRIBUTORS OR SALES REPRESENTATIVES, SHALL BE THE REPAIR OR REPLACEMENT OF DEFECTIVE PARTS AS PROVIDED HEREIN. GEAR HEAD WORKS®, LLC’S LIABILITY ON ANY CLAIM, WHETHER IN CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, FOR ANY LOSS OR DAMAGE ARISING OUT OF OR IN CONNECTION WITH BUYER’S ORDER, SHALL IN NO CASE EXCEED THE PURCHASE PRICE OF THE ORDER. The sole purpose of the stipulated exclusive remedy provided for herein shall be to provide BUYER with repair or replacement of defective products in the manner provided for herein. Such remedy shall not be deemed to have failed of its essential purpose so long as GEAR HEAD WORKS®, LLC is willing and able to repair or replace defective Products in the prescribed manner.
INDEMNIFICATION. BUYER agrees to indemnify, defend and hold Gear Head Works®, LLC harmless from and against all judgments, decrees and costs (including attorneys’ fees) resulting from BUYER’s use and/or resale of the goods delivered hereunder.
ANY LEGAL ACTION OR PROCEEDING ARISING FROM OR IN CONNECTION WITH THIS PROPOSAL SHALL BE BROUGHT EXCLUSIVELY IN THE COURTS OF THE STATE OF TENNESSEE OR IN THE U.S. DISTRICT COURT, MIDDLE DISTRICT OF TENNESSEE. BUYER hereby irrevocably consents to service of process out of said State of Tennessee or U.S. Courts in any such action or proceeding by mailing copies thereof by U.S. mail to BUYER or any other method of service permitted by such courts.
EXPORT CONTROL LAW. BUYER shall not sell, consign, give, lease or otherwise transfer the Gear Head Works®, LLC products, or any interest therein, nor in any manner disclose or make the products available to any person or entity outside the United States of America or in violation of (i) the Export Administration Act, 50 U.S.C. App. §§ 2401-2420, as amended. (ii) the export control regulations of the Bureau of Export Administration of the U.S. Department of Commerce, 15 C.F.R. Parts 768-799 or (iii) in violation of the export control regulations of the Office of Foreign Assets Control, U.S. Department of the Treasury, 31 C.F.R. Parts 500-580. Buyer expressly agrees not to violate any U.S. law and to comply with all National Fire Arms Act provisions and BATF regulations when installing or using the Gear Head Works®, LLC products.