3. The content on the Website is for information purposes only and you agree that your use of and browsing in the Website is at your risk. In no event shall Impact Machine, its subsidiaries or affiliates and their officers, directors, employees or agents (“Impact Machine”), be liable to you for any direct, indirect, special, punitive or consequential damages resulting from any (i) errors, mistakes, or inaccuracies of content, (ii) personal injury or property damage, of any nature whatsoever, resulting from your access to and use of the Website, (iii) any unauthorized access to or use of our secure servers and/or any and all personal information and/or financial information stored therein and whether or not Impact Machine is advised of the possibility of such damages.
5. Impact Machine has taken reasonable efforts to ensure that the information contained in the Website is accurate; however, all information is provided “as is” without any express or implied warranties, including but not limited to the implied warranties of merchantability, fitness for a particular purpose or non-infringement. In addition, by using the Website and viewing the content on the site, including but not limited to instructional articles and videos, you understand and agree that all firearms are potentially dangerous if handled improperly and can pose risks and hazards to yourself and others, which may result in property damage, serious injury or death. Any advice, guidance or other information provided on the Website cannot completely anticipate your situation, and shall not create any warranty not expressly made herein, regardless of any omission or inaccuracy of information contained on cajungunworks.com. Also please note that most of our products require you to be at least 18 or 21 years of age and/or hold certain licenses to purchase and if you enter into any online shopping transactions on the Websites, you agree that you are of legal age and have all necessary authority to enter into and bind yourself under any agreements made on the Website.
- Remove or refuse to post any User Contributions for any or no reason in our sole discretion.
- Disclose your identity to any third party who claims that material posted by you violates their rights, including their intellectual property rights or their right to privacy.
- Take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Website.
- Without limiting the foregoing, we have the right to fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity of anyone posting any materials on or through the Websites. YOU WAIVE AND HOLD HARMLESS Impact Machine FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY THE COMPANY DURING OR AS A RESULT OF ITS INVESTIGATIONS AND FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER Impact Machine OR LAW ENFORCEMENT AUTHORITIES. However, we do not undertake to review all material before it is posted on the Websites, and cannot ensure prompt removal of objectionable material after it has been posted. Accordingly, we assume no liability for any action or inaction regarding transmissions, communications or content provided by any user or third party. We have no liability or responsibility to anyone for performance or non-performance of the activities described in this paragraph.
7. Impact Machine assumes no responsibility and shall not be liable for any damages to, or viruses that may infect your computer equipment or other property on account of your access to, use of, or browsing in the Websites or your downloading of any materials, data, text, images, video, or audio from the Websites.
8. All rights, title, and interest in the Website and any content contained herein is the exclusive property of Impact Machine, except as otherwise stated. The trademarks, logos, and service marks displayed on the Website are the trademarks of Impact Machine. Under no circumstances may you alter, modify, or change these Trademarks. You are prohibited from using the Trademarks for any purpose without the written permission of Impact Machine or such third party, which may own the Trademarks.
9. The Website may contain links to other websites operated by third parties other than Impact Machine. Such links are provided for your convenience only. Impact Machine does not control such websites and is not responsible for their content. The fact that the Website contains links to sites operated by third parties other than Impact Machine does not mean that Impact Machine approves of, endorses or recommends those sites, nor does it imply any association with their operators. Your linking to any other off-site pages or other sites is at your own risk. Impact Machine disclaims all warranties, express or implied, as to the accuracy, legality, reliability or validity of any content on any other site and disclaims all responsibility for any loss, injury, claim, liability or damage of any kind resulting from any third party websites or content therein directly or indirectly accessed through links in the Website.
10. By accessing the Website, you agree that the laws of the State of Louisiana, without regard to the conflict of laws and principles thereof, will apply to all matters relating to the use of the Website. You also submit to the personal jurisdiction of Louisiana and the venue of the state and federal Courts of Louisiana, and specifically Ouachita Parish.
Risk of Loss: All items purchased from Impact Machine are made pursuant to a shipment contract. This means that the risk of loss and title for such items pass to you upon delivery to the carrier. Once the carrier takes possession of the shipment, Impact Machine liability for the shipment no longer applies.
Product Shipment: In the event, your shipment is delivered to an incorrect address, it is the buyer’s responsibility to make arrangements with the carrier to retrieve the shipment and/or re-route as needed. In the event, your shipment is stolen while in transit, or from your delivery location, the buyer must contact the carrier and file a claim for reimbursement. Impact Machine will be held harmless and not responsible for stolen shipments.
In the event your shipment is lost or damaged by the carrier, it is the buyer’s responsibility to file a claim with the carrier. When using the United States Postal Service (herein referred to as “USPS”), specifically Priority Mail Service, deliveries are “estimated”, Priority Mail delivery times are not guaranteed. According to USPS, Priority Mail is not considered lost until 10 days from the date of scanning a package into the USPS system. According to USPS, delivery times during holidays (specifically from November to December) can take longer than delivery times during other months. Impact Machine does not ship a package requiring a confirmation delivery signature. The buyer can select a confirmation delivery signature for an additional fee at the time of checkout on the website. If you want delivery confirmation when placing an order on the phone, via email, or when requesting PayPal, the customer must specify this requirement and an additional fee with be charged. If you want a guaranteed delivery time, you must choose the FedEx option at the time of checkout. No default insurance is provided by FedEx; therefore it is the sole responsibility of the buyer to purchase sufficient insurance to cover the entire contents of the shipment including shipping fees. Please note FedEx cannot guarantee on-time delivery during certain weather events, and some deliveries may be delayed during peak shipment times, specifically November through December. Impact Machine will not refund FedEx shipping fees to the buyer if the package is delayed or not delivered on the specified date. It is the sole responsibility of the buyer to recover shipping fees through the carrier.
In the event your shipment is lost, damaged, or stolen, Impact Machine is not liable for a free/no-charge replacement shipment. You must file a claim with the carrier and reorder, with all content costs, including shipment being borne by the buyer for a replacement order. Please note the default insurance on Priority Mail shipments is “only” $50.00. Therefore it is the sole responsibility of the buyer to purchase sufficient insurance to adequately cover the entire replacement cost of an order, including shipping fees, in the event of a lost, damaged, or stolen shipment. Impact Machine website allows the buyer to conveniently purchase additional insurance. Impact Machine is not liable for any costs associated with replacement shipment costs, including contents and shipping fees; this is the sole responsibility of the carrier.
Placing an order on the Impact Machine website means you have read these conditions and are aware of the limitations and policies regarding shipments, loss, damage, obtaining a replacement order, and filing claims with the carrier. Placing an order on the Impact Machine means you understand these Terms & Conditions and agree to fully abide by these Terms & Conditions.
Returns, Refunds, Exchanges and Non-Payment: When returning parts to Impact Machine for replacement, warranty (pending inspection), or a refund, it is the buyer’s responsibility to pay all return shipping costs. In addition, all returns must be made within 30 days of purchase. Any items returned beyond 30 days are not refundable and will be returned to the buyer. All returned items must be accompanied by a copy of the Impact Machine original invoice or website order number. Indicate on this document copy the reason for return, the quantity returned, and if you want a replacement, possibly warranty (pending inspection), or refund. No replacement, warranty, or refunds will be provided without this information clearly indicated. Impact Machine will not respond to text messages regarding returns. Impact Machine will not search for e-mails for any returned items, therefore do not indicate on the document “see e-mail(s)”. The buyer can e-mail or phone (using our contact information on the Impact Machine Home Page) if there are questions regarding a return. The return address for parts is on the Impact Machine website Home Page.
No replacement, refund, or warranty will be provided if the parts have been installed, altered, or modified in any manner. There are no exceptions to this policy. Impact Machine has the right to terminate a sale or refuse to sell parts to any potential buyer if the buyer intends to miss-use, alter, modify, or install the part(s) in any application the part(s) is not intended for. Impact Machine shall have the sole discretion to refuse to sell any item to any buyer for any reason at any time.
Upon project completion, the customer shall be notified, and full payment will be required at that time. If full payment is not received within 90 days of project completion notification, the firearm will be sold to recover costs incurred by Cajun Gun Works. No subsequent reimbursement will be forwarded to the non-paying customer.
New firearm purchase cancellation: All new firearms purchased from Cajun Gun Works’ inventory or special ordered by Cajun Gun Works shall be assessed a 10 % restocking fee if the customer cancels the order. This fee shall be based on the order total, less shipping charges.