Terms and Conditions

This Terms of Use Agreement (“Agreement”) explains your rights and obligations in using the Engel Ballistic Research, Inc. website (such website, and all activities thereon, constituting “the Services”). Please read this Agreement carefully. By clicking “Accept,” and submitting any information about you or your company, or continuing to use the service, or requesting more information you are telling us you read and understand everything in this document.

• By purchasing ammunition you acknowledge and certify that you are at least 21 years of age for handgun ammunition and 18 years of age for rifle ammunition. As well as legally able to purchase ammunition in accordance with all federal, state, and local laws.

ITAR WARNING
International Traffic in Arms Regulations (ITAR) WARNING!

ITAR WARNING: We are a U.S. based business and re-shipping, or transferring products we offer for sale to unauthorized parties or locations outside the U.S. is illegal under both U.S. and International laws.

EXPORTING: We are a licensed exporter and registered with the U.S. State Department. Contact us for export questions and order minimums.

EBR Limited Warranty and Return Policy
You agree to use the Services as-is. UNLESS THE DISCLAIMER OF SUCH WARRANTIES IS PROHIBITED BY APPLICABLE LAW, YOU EXPRESSLY AGREE THAT ACCESS TO THE SERVICE BY ANY MEANS IS AT YOUR SOLE RISK, AND THE SERVICE IS PROVIDED “AS IS” AND “AS AVAILABLE,” AND WE DO NOT MAKE ANY WARRANTIES WHATSOEVER WITH RESPECT TO THE SERVICE, INCLUDING WITHOUT LIMITATION, WARRANTIES, EITHER EXPRESS OR IMPLIED, SUCH AS THE WARRANTIES OF NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, OR THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR FREE OR PROVIDE ADEQUATE, COMPLETE OR TIMELY INFORMATION OR DATA.

YOUR LIABILITY
You are fully responsible for how you use our Services. You agree to indemnify and hold harmless us and our directors, officers, employees, service providers, vendors, our operating partners and agents from and against any and all losses, liabilities, claims, damages or expenses (including attorneys’ fees and court costs and expenses) arising from or related to any use of the Services by you or that occurs because of you.

STANDARD OF CARE
You agree that our sole obligation to you is to provide the Services as-is. You agree that unless we do something that is grossly negligent or an act of willful misconduct in connection with the Services, we will not be liable to you or to any third party.

LIMITATIONS ON LIABILITY
If, for any reason, we are judged liable to you, you agree that your recovery will be limited to your actual damages, measured by actual out-of-pocket economic loss. You agree that you will not ask for any consequential, special, punitive or exemplary damages, or indirect or lost profits. You agree that even if you request these types of damages, a court or arbitrator cannot award them to you. You agree that any recovery will be limited to recovery from Engel Ballistic Research, Inc., and not any operating partner or director or officer thereof in his or her personal capacity. You understand and agree that the price of these Services would be significantly higher but for these limitations on liability.

WE’RE NOT RESPONSIBLE FOR ALL CIRCUMSTANCES
You also agree that we are not responsible for anything beyond our control. For example, we are not liable: for Service interruptions caused by problems with the communications network; for problems caused by any Internet service provider; for your computer or its programs failing; for the acts of criminal attackers, whether in real-time or automated (e.g., viruses); or for errors in information provided to us upon which we reasonably rely. These are only examples.

TERMINATION  BY USE
We reserve the right to terminate this Agreement, in our sole discretion. We may terminate this Agreement prior to sending you written notification.

AMENDMENTS
We may change the Services and this Agreement at any time, in our sole discretion. We will provide you with advance notice of any such material change to the e-mail you provide to us except in circumstances where advanced written notice would not be practical. You agree to accept service of any legal notice in connection with the Services by e-mail to the address you provide. If you use the Services more than one week after we send written notice of a material change, that will mean you accept the changes. If you do not accept the changes, your sole right is to stop using the Services.

WARRANTY
RETURN POLICY

At Engel Ballistic Research (EBR) we strive to provide quality ammunition and quality customer service. We utilize computer controlled loading machines and inspect each round produced. Every lot of ammunition produced is test fired multiple times through the production run. If you have a purchased defective ammunition, please contact us and we will try to make it right. We value your opinion.

All sales are final and made without explicit or implied warranty of merchantability or otherwise. Returns are not accepted under any circumstances other than in the case of defective merchandise. Any defective merchandise shall be returned to us and will be subject to manufacturer approval. In the case of defective merchandise, it is your responsibility to contact us and arrange for a portion of the ammunition to be returned. Upon receipt, the merchandise will be evaluated and tested for defects. If the merchandise is, in fact, defective you will receive a return authorization number, The RA# (Return Authorization Number) must be present on the return shipment of the defective ammunition. If the RA# is not present on the exterior of the package the shipment will not be accepted. Once a properly return shipment is received it will be replaced with the identical undamaged product or products.

Note: Improper storage and handling of loaded ammunition may result in damage to the ammunition. Any appearance of corrosion, exposure, or other evidence of damage from improper storage or use after the ammunition was sold will void the warranty.

DAMAGES AND ORDER ERRORS

Any damage or shortage must be reported to EBR within seven days of receipt. If the damage or shortage is not reported within the seven day period, the report will be void.

In the rare event that your package is damaged, a claim will be filed with UPS/FedEx or any applicable carrier and a refund or replacement will be issued once the claim investigation has concluded.

CANCELATION

Orders that have not been shipped may be canceled. A refund will be issued, minus a 5% re-stocking fee. If an order has already been shipped, the order cannot be canceled.

We reserve the right to cancel any order when the Terms and Conditions have not been complied with. In the event that an order is canceled, a refund will be issued, minus a 5% re-stocking fee.