Warranty Terms
TERMS AND CONDITIONS FOR LIMITED EXTENDED WARRANTY
1. THIS DOCUMENT CONTAINS VERY IMPORTANT INFORMATION REGARDING YOUR RIGHTS AND OBLIGATIONS, AS WELL AS CONDITIONS, LIMITATIONS, AND EXCLUSIONS THAT MIGHT APPLY TO YOU. PLEASE READ IT CAREFULLY.
THESE TERMS REQUIRE THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS OR CLASS ACTIONS. BY PLACING AN ORDER FOR EXTENDED WARRANTY SERVICES FROM THIS WEBSITE, YOU ACCEPT AND ARE BOUND BY THESE TERMS AND CONDITIONS.
YOU MAY NOT ORDER OR OBTAIN WARRANTY SERVICES FROM THIS WEBSITE IF YOU (A) DO NOT AGREE TO THESE TERMS, (B) ARE NOT THE OLDER OF (i) AT LEAST 18 YEARS OF AGE OR (ii) LEGAL AGE TO FORM A BINDING CONTRACT WITH L&M SOLUTIONS LLC, OR (C) ARE PROHIBITED FROM ACCESSING OR USING THIS WEBSITE OR ANY OF THIS WEBSITE’S CONTENTS OR SERVICES BY APPLICABLE LAW.
These terms and conditions (these “Terms”) apply to Your purchase of our Limited Extended Warranty or any other warranty service purchased from L&M Solutions, LLC, or through the website located at the gunwarranty.com domain (the “Site”) unless otherwise agreed in writing. These Terms are subject to change by L&M Solutions LLC (referred to as “us”, “we”, or “our” as the context may require) without prior written notice at any time, in our sole discretion. The latest version of these Terms will be posted on this Site, and You should review these Terms before purchasing any warranty product or services that are available through this Site. Your purchase of a warranty after a posted change in these Terms will constitute Your acceptance of and agreement to such changes. These Terms are an integral part of the Website Terms of Use that apply generally to the use of our Site. You should also carefully review our Privacy Policy before placing an order for services through this Site.
2. Definitions. “You” and “Your” refer to the original purchaser of the Covered Firearm and any authorized transferee/assignee of the original purchaser. “Covered Firearm” refers to the firearm (but not any scopes or other accessories attached to the firearm) for which You are purchasing a warranty from us, if eligible for coverage under these Terms and accepted by us for coverage. 3. Order Acceptance and Cancellation. You agree that Your order is an offer to buy, under these Terms, all services listed in Your order. All orders must be accepted by us or we will not be obligated to sell any product or service to You. We may choose not to accept any orders in our sole discretion.
3. Prices and Payment Terms.
(a) All prices posted on this Site are subject to change without notice. The price charged for a service will be the price in effect at the time the order is placed and will be set out in Your order confirmation email. Price increases will only apply to orders placed after such changes. Posted prices do not include taxes or charges for shipping and handling. We are not responsible for pricing, typographical, or other errors in any offer by us and we reserve the right to cancel any orders arising from such errors.
(b) Terms of payment are within our sole discretion and, unless otherwise agreed by us in writing, payment must be received by us before our acceptance of an order. You represent and warrant that (i) any credit card information You supply to us is true, correct, and complete, (ii) You are duly authorized to use such credit card for the purchase, (iii) charges incurred by You will be honored by Your credit card company, and (iv) You will pay charges incurred by You at the posted prices, including all applicable taxes, if any.
4. Refunds. WE OFFER NO REFUNDS OF ANY KIND ONCE THE WARRANTY PERIOD HAS BEGUN.
5. Terms of Limited Extended Warranty. The following Firearm products are eligible for coverage, if purchased as new by You no more than thirty (30) days prior to Your warranty purchase: Handguns and Semi-Automatic Handguns which include the following: revolvers, single-shot pistols, multi-barreled pistols Long guns and Semi-Automatic Long guns which include the following: rifles and shotguns You represent and warrant that the Covered Firearm meets these criteria at the time of Your warranty purchase. If the Covered Firearm is over thirty (30) days old at the time You purchase a Limited Extended Warranty, any purchased warranty is void.
The warranty terms we currently offer are for two, three, and five year periods. The term of the Limited Extended Warranty begins on the date of purchase and continues for the period designated in Your purchase order. Subject to and after Your exhaustion of coverage of any applicable manufacturer’s warranty, we will repair or replace the Covered Firearm, at our discretion, when required due to defects in material or workmanship (excluding defects covered by the manufacturer’s warranty) and pay for, or reimburse You for, reasonable shipping or freight charges actually incurred in the process of repairing or replacing the Covered Firearm. Parts for the Covered Firearm will be replaced with those of like kind and quality at our sole discretion. We may use new or remanufactured parts in repairing the Covered Firearm. If the Covered Firearm cannot be repaired, or if the cost of its repair exceeds $250 or the Covered Firearm’s original purchase price, whichever is less, or if parts are no longer available or have been discontinued by the manufacturer, We may, in our discretion, replace the Covered Firearm with a product of like kind or similar features.
The following are not covered by any warranty You may purchase from us, regardless of whether we initially accept Your order transaction: Used firearms over thirty days old; Any firearm that is, at the time Your order transaction or at any time thereafter, regulated under the National Firearms Act (https://www.atf.gov/firearms/qa/which-firearms-are-regulated-under-nfa); Defects associated with any on-gun or off-gun part or accessory that is, (1) capable of being readily detached and/or replaced; or (2) includes any scope, optics, non-integrated mounts, electronic sights, slings, laser sights, or electronic components; Damage caused by failure to perform proper care or maintenance; Cleaning, preventive maintenance; Cosmetic damage, including scratches or dents that do not otherwise affect the functionality of the Covered Firearm; Normal wear of any parts or surface finish, including metal, wood, plastic, rubber or other materials; Repairs related to unreasonable use, corrosion, or barrels damaged by an obstructed bore; Damage resulting from ammunition, including but not limited to: use of defective ammunition, hand-loaded or ammunition of the wrong caliber; use of high velocity, high pressure, reloaded or other nonstandard ammunition; Incidental or consequential damages with respect to economic loss or injury to property, whether as a result of express of implied warranty, negligence or otherwise; Serial number has been removed or altered; Damage resulting from full submersion of Covered Firearm; Batteries that accompany a Covered Firearm; Modifications to the Covered Firearm; Illegal firearms; Covered Firearm malfunction; Physical injury or property damage resulting in whole or in part from criminal use; Improper or careless handling; abuse or misuse, accidents, introduction of foreign objects into the Covered Firearm; Damage due to fire; insects; animals; exposure to weather; windstorm; sand; dirt; hail; flood; water; acts of God or consequential loss of any nature; earthquake; Theft of the Covered Firearm; Delay in rending service under this Agreement; Loss of use during the period that the Covered Firearm is at an authorized service center or awaiting parts; Unauthorized repairs and/or parts;
Firearms purchased not purchased as new by You within thirty (30) days prior to Your warranty purchase; Loss or damage caused by invasion; rebellion; riot; strike; labor disturbance; lockout; or civil commotion; Any and all pre-existing conditions that occur prior to the effective date of this Agreement; and Service where no issue related to the mechanical function can be found.
6. LIMIT OF LIABILITY. Our limit of liability in connection with any warranty purchased from us is the cost of authorized repairs to and/or replacement of the Covered Firearm as determined by Us, with a product of similar quality and features, provided however, IN NO EVENT WILL OUR TOTAL LIABILITY FOR REPAIRS AND/OR REPLACEMENT EXCEED THE LESSER OF THE ORIGINAL PURCHASE PRICE FOR THE COVERED FIREARM OR THE CURRENT MARKET VALUE OF THE COVERED FIREARM IN GOOD WORKING ORDER, EXCLUDING SALES TAX, DIAGNOSTIC FEES, AND OTHER INCIDENTAL COSTS. SERVICE COSTS, BREAKDOWN CHARGES, INSPECTION FEES, DIAGNOSTIC FEES OR ESTIMATE CHARGES FOR REPAIRS NOT COVERED UNDER THIS AGREEMENT ARE YOUR RESPONSIBILITY. IN NO EVENT WILL WE BE LIABLE FOR SPECIAL, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES WHETHER IN CONTRACT, TORT, OR NEGLIGENCE. THIS AGREEMENT DOES NOT COVER ANY LOSS OR DAMAGE NOT SPECIFICALLY LISTED HEREIN.
NO LEMON POLICY: This Agreement provides that, and subject to our Limit of Liability, after three (3) service repairs have been completed for the Covered Firearm for the same problem, as determined in our sole discretion, in lieu of performing a fourth (4th) repair on the Covered Firearm, we may replace it with a product of like kind or similar features, or issue a check to You in an amount not to exceed the remaining limit of liability as determined in accordance with the section titled “LIMIT OF LIABILITY.” If we replace the Covered Firearm, all our obligations for the Covered Firearm under this Agreement terminate.
7. Territories. The Agreement territory is limited to the United States of America, including the District of Columbia, only. It does not include Canada or U.S. Territories including Guam, Puerto Rico, or U.S. Virgin Islands.
8. Subrogation. If we pay or render service for a loss, we may require You to assign us Your rights of recovery against others. We will not pay or render service for a loss if You impair these rights to recover. Your rights to recover from others may not be waived. You will be made whole before we retain any amount we may recover.
9. Privacy. We respect Your privacy and are committed to protecting it. our Privacy Policy, https://gunwarranty.com/privacy, governs the processing of all personal data collected from You in connection with Your purchase of products or services through the Site.
10. Force Majeure. We will not be liable or responsible to You, nor be deemed to have defaulted or breached these Terms, for any failure or delay in our performance under these Terms when and to the extent such failure or delay is caused by or results from acts or circumstances beyond our reasonable control, including, without limitation, acts of God, flood, fire, earthquake, explosion, governmental actions, war, invasion or hostilities (whether war is declared or not), terrorist threats or acts, riot or other civil unrest, national emergency, revolution, insurrection, epidemic, pandemic, lockouts, strikes or other labor disputes (whether or not relating to our workforce), or restraints or delays affecting carriers or inability or delay in obtaining supplies of adequate or suitable materials, materials or telecommunication breakdown or power outage.
11. Governing Law and Jurisdiction. All matters arising out of or relating to these Terms are governed by and construed in accordance with the internal laws of the Commonwealth of Kentucky without giving effect to any choice or conflict of law provision or rule that would cause the application of the laws of any jurisdiction other than those of the Commonwealth of Kentucky.
12. Dispute Resolution and Binding Arbitration.
(a) YOU AND L&M SOLUTIONS LLC ARE AGREEING TO GIVE UP ANY RIGHTS TO LITIGATE CLAIMS IN A COURT OR BEFORE A JURY, OR TO PARTICIPATE IN A CLASS ACTION OR REPRESENTATIVE ACTION WITH RESPECT TO A CLAIM. OTHER RIGHTS THAT YOU WOULD HAVE IF YOU WENT TO COURT MAY ALSO BE UNAVAILABLE OR MAY BE LIMITED IN ARBITRATION.
ANY CLAIM, DISPUTE OR CONTROVERSY (WHETHER IN CONTRACT, TORT OR OTHERWISE, WHETHER PRE-EXISTING, PRESENT OR FUTURE, AND INCLUDING STATUTORY, CONSUMER PROTECTION, COMMON LAW, INTENTIONAL TORT, INJUNCTIVE AND EQUITABLE CLAIMS) BETWEEN YOU AND US ARISING FROM OR RELATING IN ANY WAY TO YOUR PURCHASE OF SERVICES THROUGH THE SITE, WILL BE RESOLVED EXCLUSIVELY AND FINALLY BY BINDING ARBITRATION IN LEXINGTON, FAYETTE COUNTY, KENTUCKY.
(b) The arbitration will be administered by the American Arbitration Association (”AAA”) in accordance with the Consumer Arbitration Rules (the “AAA Rules”) then in effect. (The AAA Rules are available at adr.org or by calling the AAA at 1-800-778-7879.) The Federal Arbitration Act will govern the interpretation and enforcement of this section.
The arbitrator will have exclusive authority to resolve any dispute relating to arbitrability and/or enforceability of this arbitration provision, including any unconscionability challenge or any other challenge that the arbitration provision or the Agreement is void, voidable or otherwise invalid. The arbitrator will be empowered to grant whatever relief would be available in court under law or in equity. Any award of the arbitrator(s) will be final and binding on each of the parties and may be entered as a judgment in any court of competent jurisdiction.
Each party will be responsible for paying their own arbitration fees.
(d) You agree to an arbitration on an individual basis. In any dispute, NEITHER YOU NOR L&M SOLUTIONS LLC WILL BE ENTITLED TO JOIN OR CONSOLIDATE CLAIMS BY OR AGAINST OTHER CUSTOMERS IN COURT OR IN ARBITRATION OR OTHERWISE PARTICIPATE IN ANY CLAIM AS A CLASS REPRESENTATIVE, CLASS MEMBER OR IN A PRIVATE ATTORNEY GENERAL CAPACITY. The arbitral tribunal may not consolidate more than one person’s claims and may not otherwise preside over any form of a representative or class proceeding. The arbitral tribunal has no power to consider the enforceability of this class arbitration waiver and any challenge to the class arbitration waiver may only be raised in a court of competent jurisdiction.
If any provision of this arbitration agreement is found unenforceable, the unenforceable provision will be severed and the remaining arbitration terms will be enforced.
13. Assignment. You may not assign any of Your rights or delegate any of Your obligations under these Terms without our prior written consent. Any purported assignment or delegation in violation of this section is null and void. No assignment or delegation relieves You of any of Your obligations under these Terms.
14. No Waivers. The failure by us to enforce any right or provision of these Terms will not constitute a waiver of future enforcement of that right or provision. The waiver of any right or provision will be effective only if in writing and signed by a duly authorized representative of L&M Solutions LLC
15. No Third-Party Beneficiaries. These Terms do not and are not intended to confer any rights or remedies upon any person other than You.
16. Notices.
(a) To You. We may provide any notice to You under these Terms by: (i) sending a message to the email address You provide or (ii) by posting to the Site. Notices sent by email will be effective when we send the email and notices we provide by posting will be effective upon posting. It is Your responsibility to keep Your email address current.
(b) To Us. To give us notice under these Terms, You must contact us by email at support@gunwarranty.com, personal delivery, overnight courier, or registered or certified mail to L&M Solutions LLC at 222 Keene Manor Circle Nicholasville, KY 40356. We may update the address for notices to us by posting a notice on the Site. Notices provided by personal delivery will be effective immediately. Notices provided by overnight courier will be effective one business day after they are sent. Notices provided by registered or certified mail will be effective three business days after they are sent.
17. Severability. If any provision of these Terms is invalid, illegal, void or unenforceable, then that provision will be deemed severed from these Terms and will not affect the validity or enforceability of the remaining provisions of these Terms.
18. Entire Agreement. Our order confirmation, these Terms, our Website Terms of Use, and our Privacy Policy will be deemed the final and integrated agreement between You and us on the matters contained in these Terms.
Effective Date: 10/04/2021
