TERMS AND CONDITIONS
1. PRICES. Prices do not include California sales tax, if applicable, or shipping charges from Mission Knives. International customers are responsible for any and all import fees, tariffs and/or customs duties.
2. ORDERS. All orders must be either submitted in writing or placed through the Mission Knives’ website (www.missionknives.com). Mission Knives ships all orders on a first come/first served stock available basis and will backorder out of stock merchandise unless otherwise notified by the buyer.
3. PAYMENT. Prepayment is required for all domestic and international orders. For domestic orders, payment is accepted via wire transfer, PayPal, Master Card or Visa. For international orders, payment is accepted via wire transfer, PayPal, or company check. A $50.00 return fee will be charged for any returned check or insufficient fund notification.
4. DELAYS. The scheduled dates for shipment of the products are estimated based on current and anticipated manufacturing capabilities at the time of order placement. All delivery dates are estimates only, and Mission Knives shall not be liable for any damages relating to failure to ship the products as of a certain date. Mission Knives does NOT guarantee lead times.
5. DESIGN AND OTHER CHANGES. Mission Knives reserves the right to alter, change or modify the design and/or construction of any goods without notice and without incurring any obligation to furnish or install such alterations, changes or modifications on goods previously or subsequently sold. Mission Knives’ production runs may exhibit slight variations in size, color and material, but will not alter the overall intended use of the item.
6. CANCELLATION. Special ordered, custom, obsolete or non-current goods may not be returned and orders for the same may not be canceled. All cancellations must be submitted in writing and may be subject to a 15% restocking charge of the original sale price, if granted.
7. TRANSPORTATION AND DELIVERY. Unless otherwise agreed in writing, all deliveries of goods are F.O.B. Westminster, CA. Mission Knives assumes no liability for loss of or damage to the goods after shipment has been picked up by the carrier and risk of loss with respect to the goods passes to the buyer at the aforementioned F.O.B. point. Unless otherwise agreed in writing by Mission Knives and the buyer, Mission Knives will have the sole and absolute discretion to select the method of shipment, routing of shipment and selection of carrier. Mission Knives recommends insurance on all product shipments.
8. MERCHANDISE RETURN POLICY AND INSTRUCTIONS. All returns require a formal approval from Mission Knives before a return will be accepted. Stock item returns are acceptable for any reason and a restocking fee may apply. All claims for shortages or other errors in delivery must be submitted in writing. Failure to give such written notice within ten (10) days from the date of receipt shall constitute unqualified acceptance and a waiver of all such claims. Request a return by sending an email to email@example.com or calling 714-907-0505 to receive a return number. All items must be returned in new (unused) condition in the original packaging so it can be inspected and the liability determined. Returns due to errors on the part of buyer will be subject to a 15% restocking charge of the original sale price. Return products addressed to:
ATTN: RETURN #______________
7130 Fenwick Ln.
Westminster, CA 92683
After careful inspection of the returned merchandise, Mission Knives will determine if the product is defective and will contact buyer for further instruction or resolution. All returned merchandise must be shipped back to Mission Knives prepaid at buyer’s expense. The total refund amount will be the original purchase price of the returned merchandise plus any sales tax applicable. Mission Knives cannot be responsible for lost or misdirected returns and insurance with the carrier is recommended.
All shipments are inspected, checked and well packed before leaving Mission Knives. Mission Knives packages all shipments compliant to carrier specifications and therefore any damage that occurs may be solely through negligence of the carrier. All freight damage claims must be filed with the carrier by the buyer. The buyer will find a specific carrier’s Freight Claims Department information and instructions on the carrier’s website.
Visible Freight Damage: If shipment is delivered in a visibly damaged condition, insist on the carrier's written notation of this damage on carrier's packing slip or delivery receipt. Immediately photograph the visible damage. Retain the outside carton and packing materials and the carrier will advise whether to hold the damaged item(s) for a physical inspection, return the item(s), or destroy the item(s). For visibly damaged merchandise, contact the carrier within five (5) days and request an inspection. Retain a record of all actions and correspondence with the carrier. Do not discard any cartons or inner packs so they may be inspected by the carrier for proper reimbursement.
Concealed Freight Damage: Immediately photograph the damage. Retain the outside carton and packing materials and the carrier will advise whether to hold the damaged item(s) for a physical inspection, return the item(s), or destroy the item(s). For concealed damaged merchandise, contact the carrier within five (5) days and request an inspection. Retain a record of all actions and correspondence with the carrier. Do not discard any cartons or inner packs so they may be inspected by the carrier for proper reimbursement.
9. WARRANTY DISCLAIMER. MISSION KNIVES EXPRESSLY DISCLAIMS ALL WARRANTIES WHETHER EXPRESS OR IMPLIED BY OPERATION OF LAW OR OTHERWISE INCLUDING, BUT NOT LIMITED TO, ANY WARRANTY OF MERCHANTABILITY OR COMMERCIALTY AND ANY WARRANTY OF FITNESS FOR ITS ORDINARY AND PARTICULAR PURPOSE, EXCEPT AS EXPRESSLY NOTED IN OUR WARRANTY POLICY.
WARRANTY POLICY. Mission Knives warrants to the registered owner that our knives and tools are guaranteed free from defects in material and workmanship for the life of the knife or tool. This warranty covers replacement parts and labor. Mission Knives will inspect and make the final decision as to the cause of defect and whether to repair or replace any knife or tool. If the problem is determined to be something other than defects in material or workmanship, Mission Knives will contact you with a cost to perform the repair, if possible. Repairs will only begin once you have agreed to and submitted payment. If Mission Knives deems that we cannot improve the condition of your knife or tool, we will return it to you with a recommendation that it be retired from active use.
The knife or tool must be registered with Mission Knives through our website and shipped prepaid with a trackable delivery service (i.e., UPS, FedEx, registered mail), together with a description of the problem. Please include your full first and last name, return street address and daytime phone number. All costs associated with shipping knives and tools are the responsibility of the customer and will not be reimbursed.
This warranty may not cover normal wear, material loss from blade resharpening or attempted repair, damage caused by neglect, misuse, intentional abuse or the failure to perform normal or necessary maintenance, disassembly of any knife by any person other than Mission Knives Warranty department (excluding simple handle changes), or shipping costs for returned knives or tools. Mission Knives strongly advises against using any power tool to sharpen your knife or tool.
Repair or replacement as provided under this warranty is the exclusive remedy of the consumer, with Mission Knives reserving the right to make the final decision between the two. Mission Knives shall not be liable for any incidental, reliance, or consequential damages or breach of implied warranty on this product, including any damage to person or property. Mission Knives liability under any circumstances is limited to the original purchase price. Some states and jurisdictions do not allow exclusion or limitation of incidental or consequential damages, so the above limitations or exclusions may not apply to you. This warranty gives you specific legal rights, and you may also have other rights which vary from state to state.
10. LIMITATIONS OF LIABILITY. Our sole liability for goods sold is limited, at our election, to the repair or replacement of goods, or repaying or crediting buyer for the purchase price of the goods plus any sales tax applicable. MISSION KNIVES SHALL NOT BE LIABLE FOR ANY INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, LOSSES OR EXPENSES DIRECTLY OR INDIRECTLY ARISING FROM THE SALE, HANDLING OR USE OF ANY PRODUCTS. No representation or warranty, expressed or implied, made by any sales representative or other agent or representative of Mission Knives which is not specifically set forth herein shall be binding upon Mission Knives. You must submit all claims to us in writing within ten (10) days from the receipt of shipment. The purchase, use, and ownership of our knives and tools are subject to a wide variety of local laws and regulations. Certain knife styles, blade designs, lengths and materials are not allowed in specific areas or to be possessed by certain people. Government officials or other law enforcement personnel may take the position that our knives or tools are "weapons" under applicable laws. Due to the complexity and constantly changing nature of these laws and regulations, it is not possible for Mission Knives to be aware of every restriction in every location in which our knives or tools may be sold or possessed. It is the responsibility of the buyer to investigate and comply with any and all local laws and regulations that apply in his or her specific area. You, not Mission Knives, are solely responsible for any claims resulting from violation of these laws and/or regulations.
WARNING! Mission Knives’ products are extremely sharp tools and should only be used with the utmost care and caution. Always remember to sheath your blade when not in use. Keep out of reach of children.
11. ARBITRATION. Any disputes in excess of $1,000 (or the maximum limit for small claims court) that may arise shall be submitted to binding arbitration in the state of California before the Joint Ethics Committee of a mutually agreed upon arbitrator pursuant to the rules of the American Arbitration Association. The arbitrator’s award shall be final, and judgment may be entered in any California court having jurisdiction thereof. The client shall pay all arbitration and court costs, reasonable attorney’s fees and legal interest on any award or judgment.
12. INDEMNIFICATION. Buyer and/or end user (Indemnitor) shall indemnify, defend, and hold harmless Mission Knives, its officers, officials, employees, and volunteers from and against any and all liability, claims, damage, cost, expenses, awards, fines, judgments, and attorney fees (including, without limitation, costs, attorney fees, expert witness fees, and other expenses of litigation) of every nature arising out of or in connection with buyer and/or end user’s performance, usage, transfer, sale or possession, or its failure to comply with any of its obligations contained in the agreement, except where such loss or damage which was caused by the sole negligence or willful misconduct of Mission Knives.
(a) The waiver by Mission Knives of any term, provision or condition shall not be construed to be a waiver of any other terms, provisions or conditions, nor shall such waiver be deemed a waiver of a subsequent breach of the same term, condition or provision.
(b) This Contract and all questions of validity, interpretation, performance and nonperformance shall be governed by the laws of the State of California.
(c) Buyer is hereby notified of Mission Knives’ objection to any of buyer’s terms inconsistent herewith and to any additional terms proposed by buyer in accepting this Contract and such inconsistent or additional terms shall not become a part of this Contract unless expressly accepted in writing by Mission Knives. Neither Mission Knives’ subsequent lack of objection to any such terms, nor the delivery of goods covered, shall constitute or be deemed an agreement by Mission Knives to any such terms.
(d) This Contract, supersedes all prior negotiations and understandings of the parties and contains the complete and final agreement between Mission Knives and the buyer concerning the subject matter herein and no other agreement in any way modifying any of the said terms and conditions will be binding upon Mission Knives unless made in a writing specifically referring to this Contract and signed by Mission Knives’ authorized representative.