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Policies

Policies

  1. Warranty Terms and Conditions
  2. Domestic Product Policy
  3. Cancellation Policy/Administration Fee
  4. Return/Refund Policy
  5. Shipping Policy
  6. Liability
  7. Privacy
  8. Cookies
  9. Exclusive User Remedy
  10. Typographical Errors
  11. Export Policy and Export Restrictions

Warranty Terms and Conditions

TrackingPoint, Inc. shall warrant that the product purchased from TrackingPoint™, which will include the firearm as well as the networked tracking scope and smart trigger (the “Precision Guided Firearm", or "PGF”), shall be free from defects in material and workmanship for 1 year from the date of purchase.

During this period if the PGF is found to be defective in material or workmanship, TrackingPoint or one of its authorized service facilities will at its option, either repair or replace this product without charge, subject to the following conditions, limitations and exclusions:

  1. This warranty extends to the original consumer purchaser only and is not assignable or transferable.
  2. This warranty shall not apply to any product that has been subjected to misuse, abuse, abnormal use, negligence, alteration or accident, or has had its serial number altered or removed. An example of a product that has been subjected to misuse, etc. may include, but is not limited to, full submersion, dropping of the product, etc.
  3. This warranty does not apply to the batteries that accompany this product.
  4. This warranty does not apply to a product that has been modified to alter its functionality or capability without the written permission of TrackingPoint.
  5. This warranty does not apply to cosmetic damage to the product, including, but not limited to, scratches and dents that do not otherwise affect the functionality of the product.
  6. This warranty does not apply to defects caused by normal wear and tear or which are otherwise due to normal aging of the system.

Obtaining Service

For warranty service, the original purchaser must contact TrackingPoint using the steps listed below.

  1. Call TrackingPoint at (512) 222-0501 or at sales@tracking-point.com. The customer service representative will discuss the issues with you and determine whether problems encountered with the PGF can be remedied remotely or whether the PGF must be returned to TrackingPoint for further service.
  2. If TrackingPoint determines that your PGF is eligible for direct mail-in service, ship your product to TrackingPoint’s repair service location in accordance with TrackingPoint’s instructions. TrackingPoint will provide prepaid way bills and packaging instructions. Once service is complete, the TrackingPoint repair service location will return the repaired product or provide a replacement product to you.

General Terms

  1. In servicing your product, TrackingPoint may use parts or products that are new or refurbished. TrackingPoint will retain the replaced part or product that is exchanged during service as its property, and the replacement part or product will become your property.
  2. TrackingPoint reserves the right to change terms and conditions, as it determines in its sole discretion.
  3. TrackingPoint products are available for purchase only by authorized individuals in compliance with federal and local law.
  4. TrackingPoint is not responsible for any failures or delays in performance under this warranty that are due to events outside TrackingPoint’s reasonable control.
  5. Except where prohibited by law, the laws of Texas shall apply to these terms and conditions, without regard to its conflict-of-laws provisions.

Customer’s Responsibilities

  1. You must provide information to a TrackingPoint representative about the symptoms and causes of the issues with the product.
  2. You must follow shipping and packing instructions provided by TrackingPoint. You will be responsible for products or parts that are lost or damaged as a result of failure to follow instructions.
  3. We recommend that you try to save your personal information including but not limited to videos before shipping. TrackingPoint will make every effort to recover personal information including but not limited to videos on a damaged scope but this may not always be possible.

What is NOT Covered

  1. The warranty does not apply to operating the product outside the permitted or intended uses described by TrackingPoint, as the manufacturer.
  2. The warranty does not apply to a product with a serial number that has been altered, defaced or removed, or to a product that has been modified to alter its functionality or capability without the written permission of TrackingPoint.
  3. The warranty does not apply to a product that has been lost or stolen. This warranty only covers a product that is returned to TrackingPoint in its entirety. The warranty only applies to a PGF that is submitted by the original purchaser.
  4. The warranty does not apply to cosmetic damage to the product, including, but not limited to, scratches and dents that do not otherwise affect the functionality of the product.
  5. The warranty does not apply to defects caused by normal wear and tear or which are otherwise due to normal aging of the product.
  6. The warranty does not apply to damage to the PGF caused by ammunition other than XactShot™ ammunition sold by TrackingPoint for use in Precision Guided Firearms.
  7. The warranty does not apply to damage to the PGF caused by a barrel obstruction.

Export Control

You may not use or otherwise export or re-export the products serviced except as authorized by the laws of the jurisdiction in which the products were obtained. In particular, but without limitation, the products may not be exported or re-exported in violation of export laws, including, if applicable, export or re-export into any U.S.-embargoed countries or to anyone on the U.S. Treasury Department’s list of Specially Designated Nationals or the U.S. Department of Commerce Denied Persons List or Entity List. You represent that you are not located in any country or on any list where the provision of product to you would violate applicable law. You also agree that you will not use products for any purposes prohibited by applicable law.

LIMITATION OF LIABILITY

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, TRACKINGPOINT AND ITS EMPLOYEES AND AGENTS WILL UNDER NO CIRCUMSTANCES BE LIABLE TO YOU OR ANY SUBSEQUENT OWNER OF THE PRODUCT FOR ANY INDIRECT OR CONSEQUENTIAL DAMAGES, INCLUDING, BUT NOT LIMITED TO, COSTS OF RECOVERING, REPROGRAMMING, OR REPRODUCING ANY PROGRAM OR DATA OR THE FAILURE TO MAINTAIN THE CONFIDENTIALITY OF DATA, ANY LOSS OF BUSINESS, PROFITS, REVENUE OR ANTICIPATED SAVINGS, RESULTING FROM TRACKINGPOINT’S OBLIGATIONS UNDER THIS WARRANTY. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE LIMIT OF TRACKINGPOINT AND ITS EMPLOYEES AND AGENT’S LIABILITY TO YOU AND ANY SUBSEQUENT OWNER ARISING UNDER ALL PRODUCTS PURCHASED BY YOU FROM TRACKINGPOINT SHALL NOT EXCEED THE ORIGINAL PRICE PAID FOR THE WARRANTY.

TRACKINGPOINT SPECIFICALLY DOES NOT WARRANT THAT (I) IT WILL BE ABLE TO REPAIR OR REPLACE THE PRODUCT WITHOUT RISK TO OR LOSS OF PROGRAMS OR DATA (II) IT WILL MAINTAIN THE CONFIDENTIALITY OF DATA, OR (III) THAT THE OPERATION OF THE PRODUCT WILL BE UNINTERRUPTED OR ERROR-FREE.

FOR CONSUMERS IN JURISDICTIONS WHO HAVE THE BENEFIT OF CONSUMER PROTECTION LAWS OR REGULATIONS, THE BENEFITS CONFERRED BY THIS WARRANTY ARE IN ADDITION TO ALL RIGHTS AND REMEDIES PROVIDED UNDER SUCH LAWS AND REGULATIONS. TO THE EXTENT THAT LIABILITY UNDER SUCH LAWS AND REGULATIONS MAY BE LIMITED, TRACKINGPOINT’S LIABILITY IS LIMITED, AT ITS SOLE OPTION, TO REPLACE OR REPAIR OF THE PRODUCT OR SUPPLY OF THE SERVICE. SOME STATES OR PROVINCES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO SOME OR ALL OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

DISCLAIMER OF WARRANTY

ALTHOUGH TRACKINGPOINT CANNOT GUARANTEE THAT A SUPPORT INCIDENT WILL BE RESOLVED, TRACKINGPOINT WILL MAKE REASONABLE EFFORTS TO PERFORM SUPPORT SERVICES UNDER THE SERVICE WARRANTY IN A PROFESSIONAL MANNER. TO THE EXTENT PERMITTED BY LAW, THE EXPRESS WARRANTY AND REMEDIES SET FORTH HEREIN ARE EXCLUSIVE AND IN LIEU OF ALL OTHER WARRANTIES, REMEDIES AND CONDITIONS, WHETHER ORAL OR WRITTEN, STATUTORY, EXPRESS OR IMPLIED. AS PERMITTED BY APPLICABLE LAW, TRACKINGPOINT AND ITS LICENSORS SPECIFICALLY DISCLAIMS ANY AND ALL STATUTORY OR IMPLIED WARRANTIES, RELATED TO OR ARISING IN ANY WAY OUT OF THESE TERMS AND CONDITIONS, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.

Domestic Product Policy

TrackingPoint offers several items that are restricted for sale in the United States of America by federal, state, and/or local laws and regulations. TrackingPoint makes its best effort to ensure that it remains current on all laws and regulations as applicable. Please be aware that United States federal, state, and/or local laws and regulations are complex and are subject to change. Therefore, any summaries of such laws and regulations provided by TrackingPoint at any time can never and will never serve as legal advice or counsel in any way. If you have any questions about any law or regulation, TrackingPoint advises you to consult with an attorney who will represent your interests. It is ultimately the customer's responsibility to investigate and ensure that any item is legal to use, carry, possess, purchase and/or own within the customer's intended federal, state and/or local area.

By proceeding with a transaction to purchase any restricted item, the customer certifies that (i) the customer has reviewed all United States federal, state, and/or local laws and regulations related to the use, possession, purchase and/or ownership of the restricted item(s); (ii) the customer is legally permitted to use, possess, purchase and/or own the restricted item(s); (iii) the customer does not intend to transfer the item(s) contrary to United States federal, state, and/or local laws and regulations; (iv) the item(s) will be used for lawful purposes only, and the customer is not associated with any criminal group or criminal enterprise; (v) the customer is at least 18 years of age, or of the appropriate legal age for an item according to applicable federal, state, and/or local laws and regulations; (vi) the customer is under no legal disability that would prevent the customer from using, possessing, purchasing, owning, and/or transferring the item(s); and (viii) the customer has read and understands the export policy; and (ix) if applicable, customer understands and agrees to restrictions on the return of certain regulated products.

By purchasing any item from TrackingPoint, the customer certifies that the customer will comply with any and all requirements imposed by applicable U.S. federal, state, and local laws, regulations, and administrative policies. Any controversy or claim arising out of or relating to customer's purchase of any product from TrackingPoint shall be settled by arbitration administered by the American Arbitration Association in accordance with its Commercial Arbitration Rules. Venue for any arbitration, or any legal dispute, shall lie only in the City of Austin, Travis County, Texas, and in no other venue or forum. The laws of Texas shall apply to all transactions.

Cancellation Policy/Administration Fee

You may cancel an order before it has been shipped and receive a refund of any deposits or payments, less an administrative fee of 4% of the total deposit amount paid. To cancel an order you have placed with TrackingPoint, you must contact us by email at sales@tracking-point.com. Every effort will be made to accommodate the cancellation of your order as long as it has not yet shipped. When contacting us about a cancellation, please provide your name, order number, and full contact information. Please note that once shipped, PGF and Gear orders cannot be cancelled.

Return/Refund Policy

All PGF (and Gear) sales are final. Once you have accepted receipt from your FFL dealer (or received your Gear) there will be no refunds for any reason. By making a purchase with TrackingPoint, you confirm that you have read and understand our no refunds policy.

Shipping Policy

Items will be shipped to FFL holders within the United States. Firearm purchases are shipped FREETrackingPoint does not currently ship outside the United States. After you place an order, a TrackingPoint representative will accept your deposit and contact you with an estimated delivery date. Once your order is complete, a TrackingPoint representative will contact you again to authorize the payment of any remaining balance. All products will ship within 3 business days of receipt of final payment.

PGFs can be shipped only to authorized FFL holders within the United States, in accordance with U.S. law. TrackingPoint assumes no responsibility for shipments refused by the designated FFL, additional FFL fees that may be incurred by the customer, or any disputes that may arise between the FFL and the customer.

Ammunition will be shipped directly to the customer or the designated FFL, depending on state and local laws. We do not accept returns on ammunition. You must be 18 or older to order rifle ammunition. Make sure to use the correct ammunition in your firearm. For best results, use TrackingPoint XactShot™ ammunition in your Precision Guided Firearm. Check local laws before ordering.

Tax Policy

TrackingPoint charges sales tax in several states where we are required by law, including TX, AZ & VA.  As required by law, sales tax is applied to all purchases shipping to a Texas address at the local rate of 8.25%, and local tax rate for other states. If your order is subject to sales tax, we will notify you of the exact purchase amount prior to processing any charges at the time of final purchase. As legal requirements change, new states may require sales tax for orders that have been placed but not shipping, which we will include in the final payment. This will always be discussed by our sales team prior to final payment. 

Liability

TrackingPoint has taken reasonable efforts to ensure that the information contained in this 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-INFRIGEMENT. IN NO EVENT SHALL TRACKINGPOINT BE LIABLE FOR ANY SPECIAL, INDIRECT, PUNITIVE OR CONSEQUENTIAL DAMAGES RESULTING FROM ANY USE OR PERFORMANCE OF OR CONTENT ERRORS OR OMISSIONS IN THE INFORMATION, EVEN IF NOTIFIED IN ADVANCE OF THE POTENTIAL FOR SUCH DAMAGES. All users agree that access to any use of the website and the included information is subject to the terms and conditions set forth.

Privacy

TrackingPoint respects your privacy. We do not, and will not, sell, share, trade, or otherwise give out your information. We are acutely aware of the privacy concerns of our customers and visitors to our website. We will only disclose personal information when required by law if we have a good-faith belief that such action is necessary to comply with a current judicial proceeding, a court order, or a legal process served on TrackingPoint.

Cookies

To place an order on our website, your browser must have cookies turned on. A cookie allows us to recognize you the next time you fill out an order on our site. To prevent your personal information from being read by other websites, our cookie is a unique, encrypted string that contains no personal information. You may purge our cookie from your browser at any time. However, you will have to receive a new cookie if you wish to place an order through our website. Cookies are used on our website to keep track of the contents of your shopping cart and to store delivery and account information.

Exclusive User Remedy

In the event that you are dissatisfied with any aspect of the website, your sole remedy shall be to discontinue use of the website.

Typographical Errors

The content of the website may contain errors, omissions or typographical errors. TrackingPoint shall not be liable for any such errors. In the event that a product, service, or price is listed incorrectly due to any inaccuracy, typographical error, or error in pricing information, TrackingPoint shall not be liable to you for any claim whatsoever arising from the inaccuracy and shall have the right to refuse or cancel any orders placed for products listed at the incorrect price. If your credit card has already been charged for the purchase and your order is canceled, TrackingPoint shall issue a credit to your account in the amount charged.

Export Policy and Export Restrictions

The U.S. Department of State's Directorate of Defense Trade Controls, the U.S. Department of Commerce's Bureau of Industry and Security, and the U.S. Department of the Treasury's Office of Foreign Assets Control administer export control regulations that affect some aspects of our business. We request that you (the "customer") read and familiarize yourself with the following regarding certain applicable export regulations.

The sale, transfer, transportation, or shipment outside the U.S. of any product prohibited or restricted for export without complying with U.S. export control laws and regulations, including proper export licensing, documentation or authorization, is strictly prohibited and may result in civil penalties and/or constitute a federal crime. TrackingPoint will not engage in any transaction that requires the illegal export of any products and will not assist directly or indirectly with the illegal export or re-export of any products.

Important Export Restrictions Warning!

  1. Export of some items may be prohibited without a valid export license issued by the U.S. Department of State, in accordance with International Traffic in Arms Regulations (ITAR) (22 C.F.R. 120-130) or a valid export license issued by the U.S. Department of Commerce, in accordance with the Export Administration Regulations (EAR) (15 C.F.R. 730-774).
  2. U.S. law prohibits the sale, transfer, or export of items to certain restricted parties, destinations, and embargoed countries, as identified on lists maintained by the U.S. Department of State, the U.S. Department of Commerce, and the U.S. Department of Treasury. It is the responsibility of the customer to be aware of these lists, which can be found at the U.S. government websites listed below. By proceeding with any transaction, the Customer certifies that the customer will not engage in any unauthorized transaction involving the export of TrackingPoint products to any restricted parties or destinations.

By proceeding with a transaction to purchase any items from TrackingPoint, the customer certifies that it will comply with all requirements imposed by all applicable laws, regulations and administrative policies. For further information regarding the applicable laws, regulations, and policies, contact:

U.S. Department of Commerce
Bureau of Industry and Security
Tel.: (202) 482-4811
Website: http://www.bis.doc.gov

U.S. Department of State
Bureau of Political-Military Affairs
Directorate of Defense Trade Control
Tel.: (202) 663-1282
Website: http://www.pmddtc.state.gov

U.S. Department of the Treasury
Office of Foreign Assets Controls
Tel.: (202) 622-2480
Website: http://www.treas.gov/offices/enforcement/ofac

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