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terms and conditions

These Terms and Conditions shall apply to sales of Goods by the Seller to the Buyer to the exclusion of all other terms and conditions referred to, offered or relied on by the Buyer whether in negotiation or at any stage in the dealings between the parties, including any standard or printed terms tendered by the Buyer, unless this has been agreed to by the Seller in writing. Any variation to these Terms and Conditions (including any special terms and conditions agreed to between the parties) shall be inapplicable unless agreed in writing by the Seller.

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DEFINITIONS

In this document the following words shall have the following meanings:
"Buyer" means the organization or person who buys the Goods;
"Goods" means the articles to be supplied to the Buyer by the Seller;
"Intellectual Property Rights" means all patents, registered and unregistered designs, copyright, trademarks, know-how and all other forms of intellectual property;
"Seller" means Opposed Solutions LLC.

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PRICE AND PAYMENT

The price shall be the Recommended Retail Price, unless otherwise agreed in writing between the parties. The price is exclusive of VAT or any other applicable costs, sales tax, excise tax, or use tax.

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DESCRIPTION

Any description given or applied to the Goods is given by way of identification only and the use of such description shall not constitute a sale by description. For the avoidance of doubt, the Buyer hereby affirms that it does not in any way rely on any description when entering into the contract.

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DELIVERY

Unless otherwise agreed in writing, the goods shall be shipped to the address specified by the Buyer on the date estimated by Seller, or as close as possible to the date estimated by Seller. The Buyer shall make all arrangements necessary to take delivery of the Goods whenever they are tendered for delivery. Seller is responsible only for delivering the goods to the carrier for shipment. The risk of loss shall pass to the Buyer when the goods are delivered to the carrier. This contract shall be F.O.B. Seller’s place of business. Shortages, over deliveries, and duplicated orders must be reported to the Seller within 14 days of signed receipt to enable replacement or refund. Opposed Solutions will not ship internationally, as well as all APO/FPO locations.

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RISK

Where the Buyer chooses to collect the Goods itself, the risk shall pass when the Goods are entrusted to the Buyer or set aside for the Buyer’s collection, whichever happens first.

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LIMITATION OF LIABILITY


SELLER SHALL NOT BE LIABLE UNDER ANY SECTION OF THIS AGREEMENT OR UNDER ANY CONTRACT, IN NEGLIGENCE, STRICT LIABILITY OR OTHER LEGAL OR EQUITABLE THEORY FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND (INCLUDING WITHOUT LIMITATION LOST PROFITS, LOST REPUTATIONS), WHETHER OR NOT IT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS IN ADVANCE. THIS EXCLUSION INCLUDES ANY LIABILITY THAT MAY ARISE OUT OF THIRD PARTY CLAIMS AGAINST THE OTHER PARTY. IN NO EVENT WILL SELLER BE LIABLE FOR COSTS OF PROCUREMENT OF SUBSTITUTE GOODS BY BUYER. IN ADDITION, IN NO EVENT WHATSOEVER SHALL SELLER'S TOTAL LIABILITY UNDER THIS AGREEMENT EXCEED THE AMOUNT ACTUALLY RECEIVED BY SELLER FROM BUYER FOR THE PRODUCT INVOLVED.

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LIABILITY STATEMENT

Opposed Solutions sells sewn tactical products designed for various purposes, including but not limited to outdoor activities, sports, personal defense, law enforcement duty use and military combat use. While we take great care in crafting and quality-checking our products, it's important to understand and acknowledge the inherent risks associated with the use of tactical gear.

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ASSUMPTION OF RISK

By purchasing and using our products, you acknowledge and assume all risks associated with their use, including but not limited to:

  • Injury or death resulting from product failure, misuse, or improper maintenance.

  • Injury or death resulting from the inherent dangers of tactical activities, including combat training, outdoor excursions, and emergency situations.

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PRODUCT USE AND MISUSE

Our products are intended for use by individuals who are properly trained and qualified to handle tactical equipment. It is your responsibility to ensure that you have the necessary skills, knowledge, and experience to use our products safely and effectively.

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Opposed Solutions are not liable for any injuries, damages, or losses resulting from the use or misuse of our products, including but not limited to:

  • Improper installation, assembly, or modification of our products.

  • Failure to follow proper safety guidelines and protocols.

  • Use of our products in activities or environments for which they were not intended or recommended.

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PRODUCT MODIFICATIONS

Modifying or altering our products in any way may compromise their integrity and safety. We strongly advise against making any modifications to our products, as doing so may increase the risk of injury or death.

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INDEMNIFICATION

You the buyer agrees to indemnify and hold Opposed Solutions LLC, its owners, employees, and affiliates harmless from any claims, damages, liabilities, costs, or expenses (including attorney fees) arising out of or related to your use or misuse of our products.

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WARRANTY


EXCEPT AS PROVIDED HEREIN, THE PRODUCT IS PROVIDED ON AN "AS IS" BASIS, WITH ALL FAULTS, WITHOUT WARRANTY OF ANY KIND. SELLER EXPRESSLY DISCLAIMS AND EXCLUDES ALL OTHER WARRANTIES, WHETHER EXPRESSED, IMPLIED, STATUTORY OR OTHERWISE, REGARDING THE PRODUCT, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT, AND IMPLIED WARRANTIES ARISING FROM A COURSE OF DEALING OR COURSE OF PERFORMANCE OR USAGE OF TRADE. THERE ARE NO WARRANTIES WHICH EXTEND BEYOND THE DESCRIPTION OF THE FACE HEREOF. SELLER DOES NOT WARRANT THAT THE PRODUCT WILL OPERATE UNINTERRUPTED OR BE ERROR-FREE, OR THAT ALL DEFECTS WILL BE CORRECTED.
 

INTELLECTUAL PROPERTY RIGHTS


All Intellectual Property Rights produced from or arising as a result of the performance of this Agreement shall, so far as not already vested, become the absolute property of the Seller, and the Buyer shall do all that is reasonably necessary to ensure that such rights vest in the Seller by the execution of appropriate instruments or the making of agreements with third parties, as determined by the Seller.

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FORCE MAJEURE


The Seller shall not be liable for any delay or failure to perform any of its obligations if the delay or failure results from events or circumstances outside its reasonable control, including but not limited to acts of God, strikes, lock outs, accidents, war, fire, breakdown of plant or machinery or shortage or unavailability of raw materials from a natural source of supply, and the Seller shall be entitled to a reasonable extension of its obligations. If the delay persists for such time as the Seller considers unreasonable, it may, without liability on its part, terminate the contract.

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SERVERABILITY


If any term or provision of these Terms and Conditions is held invalid, illegal or unenforceable for any reason by any court of competent jurisdiction such provision shall be severed and the remainder of the provisions hereof shall continue in full force and effect as if these Terms and Conditions had been agreed with the invalid, illegal or unenforceable provision eliminated.

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YOUR ACCEPTANCE OF THESE TERMS

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By using this Site, you signify your acceptance of this policy and terms of service. If you do not agree to this policy, please do not use our Site. Your continued use of the Site following the posting of changes to this policy will be deemed your acceptance of those changes.

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CONTACTING US

If you have any questions about the Terms and Conditions, Privacy Policy, the practices of this site, or your dealings with this site, please contact Opposed Solutions at support@opposedsolutions.com.

 

Updated:  May 19, 2024

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