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LOCKED N’ LOADED LLC’s
WARRANTY & DISCLAIMER POLICY
SECTION 1 – EXPRESS WARRANTY
§1.1 – Limited warranty:
Seller, Locked N’ Loaded LLC, warrants to Buyer that
1. no holster will be nonconforming;
2. for the lifetime of the holster (Warranty Period), nontransferable if sold, such holster will materially conform
to the specifications set forth on the packaging and will be free from significant defects in material and
workmanship; and
3. For purposes of this Agreement, the term nonconforming shall mean any holster received by Buyer from
Seller pursuant to an order that
a. does not conform to the make / model number listed in the applicable order, or
b. does not significantly conform to the specifications set forth on the packaging.
§1.2 – Warranty Limitations:
The warranties under this Section do not apply where the holster has
1. been subjected to abuse, misuse, neglect, negligence, accident, improper testing, improper installation,
improper storage, improper handling, abnormal physical stress, abnormal environmental condition, or use
contrary to any instructions issued by Seller;
2. been reconstructed, repaired, or altered by persons other than Seller or its authorized representative; or
3. been used with any third-party product, hardware, or product that has not been previously approved in
writing by Seller.
4. Furthermore, the Warranty does not cover or apply to the holster’s belt loop or belt clip.
§1.3 – Exclusive Remedy for Defective Product:
Notwithstanding any other provision of this Agreement, this Article contains Buyer’s exclusive remedy for holsters
that do not conform to the warranties listed under §1.1 (subsections 3a. and 3b.) (Defective Product). Buyer’s
remedy under this Article is conditioned on Buyer’s compliance with its obligations under this Article. During the
Warranty Period, regarding any allegedly defective holster,
1. Buyer shall notify Seller, in writing, of any alleged claim or defect within five business days from the date
Buyer discovers, or on reasonable inspection should have discovered, such alleged claim or defect (but in any
event before exclusion or termination of the applicable Warranty Period);
2. Buyer shall ship (certified), at Buyer’s expense and risk of loss, the allegedly nonconforming holster to
Seller’s facility designated by Seller for inspection and testing by Seller;
3. If Seller’s inspection and testing reveals, to Seller’s reasonable satisfaction, that such defective holster and
any such defect has not been caused or contributed to by any of the factors described under Section §1.2, Seller
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Locked & Loaded LLC’s
Warranty & Disclaimer Policy
LOCKED N’ LOADED LLC’s
WARRANTY & DISCLAIMER POLICY
shall in its sole discretion, and at its expense, (a) repair or replace defective holster or (b) credit or refund the
price of defective holster less any applicable discounts, rebates, or credits; and
4. If Seller exercises its option to repair or replace, Seller shall, after receiving Buyer’s shipment of defective
holster, ship to Buyer, at Buyer’s expense and risk of loss, the repaired or replaced defective holster to the
delivery location designated by Seller.
Buyer has no right to return for repair, replacement, credit, or refund any goods except as set forth in this Section.
In no event shall Buyer reconstruct, repair, alter, or replace any holster, in whole or in part, either itself or by or
through any third party.
THIS SECTION SETS FORTH BUYER’S SOLE REMEDY AND SELLER’S ENTIRE LIABILITY FOR ANY
BREACH OF THE LIMITED WARRANTY SET FORTH IN SECTION 1.
SECTION 2 – DISCLAIMER OF IMPLIED WARRANTIES
§2.1 – Disclaimer of Implied Warranties:
EXCEPT FOR THE EXPRESS WARRANTIES SET FORTH IN SECTION 1, SELLER MAKES
NO WARRANTY WHATSOEVER REGARDING THE GOODS, INCLUDING ANY (1)
WARRANTY OF MERCHANTABILITY; (2) WARRANTY OF FITNESS FOR A PARTICULAR
PURPOSE; (3) WARRANTY OF TITLE; OR (4) WARRANTY AGAINST INFRINGEMENT OF
INTELLECTUAL PROPERTY RIGHTS OF A THIRD PARTY; WHETHER ARISING BY LAW,
COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE OF TRADE, OR
OTHERWISE. BUYER ACKNOWLEDGES THAT IT HAS NOT RELIED ON ANY
REPRESENTATION OR WARRANTY MADE BY SELLER, OR ANY OTHER PERSON ON
SELLER’S BEHALF, EXCEPT AS SPECIFICALLY PROVIDED IN SECTION 1 OF THIS
AGREEMENT.
§2.2 – Disclaimer of Implied Warranties Cont.:
AS MENTIONED IN, AND IN ADDITION TO, §2.1 ABOVE, BUYER ACKNOWLEDGES THAT
SELLER MAKES NO WARRANTY, EXPRESS OR IMPLIED, WITH RESPECT TO OR IN ANY WAY
RELATING TO THE HOLSTER, WHETHER BASED ON BREACH OF WARRANTY OR CONTRACT,
NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, INCLUDING WITHOUT LIMITATION.
§2.2 – Damages & Indemnification:
IN NO EVENT WILL SELLER BE LIABLE OR RESPONSIBLE FOR ANY SPECIAL, INCIDENTAL,
CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR EXPENSE OCCASIONED BY THE
USE OF DEFECTIVE EQUIPMENT. FURTHER, IF BUYER’S HOLSTER IS RESOLD, GIVEN, OR
TRANSFERRED, BUYER AGREES TO IDENMIFY AND HOLD SELLER HARMLESS FOR ANY EVENT
AGAINST ANY LIABILITY, LOSS, COST, DAMAGE, OR EXPENSE (INCLUDING REASONABLE
ATTORNEY FEES).
§2.2 – Responsibility & Firearm Professional Advise/Opinion:
BUYER ASSUMES FULL RESPONSIBILITY THAT THE HOLSTER(S) PURCHASED UNDER THE
AGREEMENT MEETS THE SPECIFICATIONS AND/OR INTENDED USE OF BUYER, AND SELLER
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Locked & Loaded LLC’s
Warranty & Disclaimer Policy
LOCKED N’ LOADED LLC’s
WARRANTY & DISCLAIMER POLICY
MAKES NO REPRESENTATION WITH RESPECT TO THEM. SELLER SUGGESTS THAT BUYER SEEK
ADVICE FROM A FIREARMS PROFESSIONAL WITH REGARD TO ADVICE OR OPINION
REGARDING FIREARM HANDLING, HOLSTERING, TECHNIQUE, SPECIFIC USAGE, ETC.
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Locked & Loaded LLC’s
Warranty & Disclaimer Policy