I, __________________________________________ the Customer, acknowledge and accept all of the terms and conditions set forth herein. The words “we”, “us” and “our” refer to YardArms Gunsmithing, LLC. The words “I”, “you”, “your” “them” refer to the customer.
No completion date can or will be given on any project. However, upon request, an approximation of the estimated time to completion may be given at our discretion. This estimated time to completion is non-binding and may change at any time due to extenuating factors without any notification to the customer. We reserve the right to process and complete work orders in whatever order we see fit solely based on our own discretion. We reserve the right to accept or reject any work order. We will provide periodic updates on your project upon request. You may inquire as to the status of the work order by email at any time. .
All parts required for your work order must be supplied by you or paid for in advance of work being performed. Work orders will not ship until all costs are paid for including shipping. We will provide an assessment of all parts that are required for the work order to be completed; however, this is subject to change at any time. If we determine the change in the parts required for completion to be material, then we will notify the you prior to purchasing the parts. If we determine the change in the parts required for completion to be immaterial, then we will purchase the parts without customer approval and add them on to the cost of the work order. At no point will we purchase parts that have a total value exceeding the value of the firearm. Labor prices may be quoted as a total or at an hourly rate as agreed upon by us, and the customer. We, will accept payment via cash, check, credit card, debit card, or Zelle. Returned checks are subject to a $35 fee.
No insurance is provided by us for your firearms or parts (while in transit to or on our premises) due to theft, flood, fire or other act of nature, war, or any other reason. Many insurance companies that insure firearms will cover the items while they are away at a gunsmith. The customer is responsible for insuring his or her firearm during the time it is in our possession.
Pick up of work orders is by appointment only and must be arranged prior to pick up.
All action and barrel work will require a test firing of your firearm upon completion of work. The price of the ammunition will be added onto your work order. Customer supplied ammunition is not allowed due to safety reasons. Furthermore, I, warrant herein that I am not requesting any alterations or modifications that violate any State or Federal law(s). ____________
(Initial)
All firearms that require or have been requested to be gauged are required to be scrupulously clean. If your firearm is not clean it will incur a cleaning charge. ____________ (Initial)
Processing Fees
All firearms that move through our shop are subject to processing fees. These fees cover overhead, background checks, as well as administrative and associated costs to conducting business. These fees are assessed as follows: Long Guns $35.00, Handguns $45.00, NFA items $100.00; and assessed per item.
Transfers
We will accept inbound transfers on your behalf, from private parties; dealers or distributors; however, we ask that you notify us prior to doing so. Failure to notify us can result in a situation called a “Blind transfer”. A Blind transfers occur when you purchase and have a firearm (or other item(s)) shipped to us and do not notify us prior to its receipt by us. This places an administrative burden on our shop which we seek to avoid. Blind transfers are charged at a rate of $100. You can eliminate blind transfer costs by contacting us prior to your firearm shipping. Transfers will only be done for the individual listed on the order paperwork.
Delays and Denials
Should a transferee be delayed by the NICS background check system, the firearm(s) will remain in our possession until the background check is a proceed. A delayed message means the FBI or Wisconsin DOJ needs to do additional research to verify the transferee’s background. If the FBI cannot make a determination (proceed or deny) within 3 business days of a background check, we could transfer the firearm per the Brady Handgun Violence Prevention Act of 1993 after 3 business days; however, we will not transfer under these circumstances for 8 business days. Why do we wait 8 days? We wait 8 days to prevent you having to come back and surrender your firearm.
Should a transferee be denied by the NICS background check system, the firearm(s) will remain in the possession of YardArms Gunsmithing, LLC, until transferred or sold. It is the responsibility of the transferee to arrange for the firearm to be returned to the original seller. The transferee must contact us within 7 days to provide a shipping label, pay the $40 transfer fee, and any other packaging/shipping fees that may be applicable before the firearm is returned. If you (the transferee) fail to provide us with the requirements of this paragraph, we will sell your firearm to cover these fees and pay you the difference of the sales price minus any fees incurred. While it is possible to challenge a denial, we will not hold firearms during that process. All firearm purchases/transfers that are denied need to be returned to the original seller. If, for any reason, you are unable to send the firearm back to the original seller, we may offer you up to 50% of the MSRP for the firearm(s).
Storage
Storage fees will accrue beginning seven (7) days after your work order has been completed (or upon receipt of a transferred firearm by us on your behalf) at the rate of $2.00 per day. Blind transfers are assessed a $10 per day storage fee. When the storage fees (and associated transfer costs) meet or exceed the value of the item, it will be sold by us to recoup those costs.
Shipping
All firearms are shipped with "Adult signature required". No exceptions. We prefer to ship via UPS ground or express, the customer is responsible for paying the actual shipping charges incurred to include insurance and packaging materials as required.
All firearms can only be returned to the original owner or an FFL licensee, as required by law.
Forfeiture and Abandonment
Unless other arrangements are made, in writing, any firearms left at our facility for more than 30 days after written or verbal notification (letter, text message, email, voicemail) of job completion and request for final payment of balance; will be considered abandoned by you and may be sold by us to cover expenses. Failure to fully pay for work (to include parts and services) invoiced by us will constitute abandonment under this paragraph. Return of abandoned property is at our sole discretion. The proceeds of the sale of any abandoned property shall be made to you (the customer) minus any fees due to us within 30 days of those debts being satisfied.
Assumption of Risk
I am aware that alterations and modifications of firearms may be hazardous. I am voluntarily requesting that these activities take place with the full knowledge of the dangers involved which may include injury, death, dismemberment, and paralysis, and I hereby agree to accept any and all risks of injury or death and verify this statement by placing my signature on this contract. I recognize that by requesting that these changes occur, I am releasing the gunsmith; both individually and in any business form, from any liability should any accident occur because of the work performed by the gunsmith.
Severability
You may, at any time request the work order be returned prior to completion of agreed upon work. We will however assess the proper fee for the work already performed and any parts installed or placed on order by us, based on our discretion, at the rates and terms agreed upon previously by all parties. No agreed upon or implied discounts will be valid or accepted in these instances. We reserve the right to retain possession of the items subject to any work order until it has been fully compensated for the services, and parts we have provided, installed or completed.
Force Majeure
If either party is prevented from performing any of its obligations under the Agreement due to any cause beyond the party’s reasonable control including, without limitation, an act of God, fire, flood, explosion, terrorism, war, embargo, government regulation, civil or military authority, acts or omissions of carriers, transmitters, providers, or acts of vandals, or hackers. The time for that party’s performance will be extended for the period of the delay or failure to perform due to such occurrence, except that you will not be excused from the payment of any sums of money owed by you to us provided prior to the force majeure event.
Warranty
No implied warranty of merchantability is given and is expressly denied. No implied warranty of fitness for a particular purpose is given and is expressly denied. No implied warranty of workmanlike quality is given and is expressly denied. The work performed by us may void any manufacturer warranty and release them from liability should an accident or malfunction occur.
Indemnification
I, the Customer, acknowledge that I have voluntarily requested YardArms Gunsmithing, LLC, to perform activities which may include, and are not limited to, modifications and alterations to a firearm which may affect various safety systems or operation of my firearm. I hereby agree to accept any and all risks and verify this statement by placing my signature on this contract. In consideration of the gunsmithing services being performed pursuant to my direction, I hereby agree that I, my assignees, heirs, guardians, and legal representatives, will not make a claim against, sue, or attack the property of YardArms Gunsmithing, LLC, any of its affiliated organizations or individuals for injuries or damages resulting from negligence or other acts how so ever caused by them, any manager, employee, agent, or contractor of YardArms Gunsmithing, LLC, or any of its affiliated organizations or individuals as a result from my request for modification or alteration to a firearm. I hereby release YardArms Gunsmithing, LLC, any of its affiliated organizations, officers, employees, and volunteers, from all actions, claims, or demands that I, my assignees, heirs, guardians, or legal representatives now have or may hereafter have for injuries or damages resulting from my request of modification or alteration to a firearm set forth on the Work Order. I, further attest that I will indemnify and release YardArms Gunsmithing, LLC, from all liability for any loss, damage, or injury to persons or property arising from or related to the performance of the agreement including, without limitation, all consequential damages whether or not they result from the negligence of the Customer or Customer’s agent.
I agree that; the strength, use, misuse, quality, manufacturing defects, and past history of their firearm(s) and ammunition are unknown to YardArms Gunsmithing, LLC. Therefore unless the firearm(s) and ammunition are specifically inspected for safety and declared (in writing) by us to be safe and compatible with each other, the Customer, and only the Customer accepts full responsibility for their own and others safety when using this or any firearm.
I attest that the firearm being conveyed for work belongs to me or I have the expressed permission of the owner to have the desired work completed.
Disclaimer
This agreement supersedes all other agreements either oral or written, between the Customer and YardArms Gunsmithing, LLC, with respect to the subject of this contract. This contract contains all of the covenants and agreements between the parties with respect to the gunsmithing work pursuant to the Work Order and each party to this contract acknowledges that no representations, inducements, promises, or agreements have been made by or on behalf of any party, except those covenants and agreements embodied in this contract. No agreement, statement or promise not contained in this contract shall be binding or valid. All terms of all agreements made between the Customer and YardArms Gunsmithing, LLC, are fully integrated herein. The validity of this agreement and any of its terms or provisions, as well as the rights and duties of the parties under this agreement, shall be construed pursuant to and in accordance with the laws of the State of Wisconsin. If any term of this agreement is held by a court of competent jurisdiction to be void or unenforceable, the remainder of the contract terms shall remain in full force and effect and shall not be affected. If any legal action, including a legal action in contract law, tort law, or criminal law, including an action for declaratory relief is brought to enforce or interpret the provisions of this contract, or a suit of liability, then the prevailing party shall be entitled to recover reasonable attorney’s fees and court costs from the other party. These fees which may be set by the court in the same action or in a separate action, brought for that purpose, are in addition to any other relief to which the prevailing party may be entitled. If any term of this agreement is held by a court of competent jurisdiction to be void or unenforceable, the remainder of the contract terms shall remain in full force and effect and shall not be affected.
Entire Agreement
The Agreement will constitute the entire agreement between YardArms Gunsmithing, LLC, and you with respect to the subject matter hereof and all prior oral or written agreements, representations or statements with respect to such subject matter are superseded hereby.
Terms and Conditions
The following section addresses YardArms Gunsmithing, LLC terms and conditions. An approved copy of this policy must be on file prior to acceptance of any gunsmith work commencing. Your use of our website, or any online purchase of goods or services express implied acceptance of these terms.