Gunsmithing Service Agreement

GUNSMITHING SERVICE AGREEMENT

This Gunsmithing Service Agreement ("Agreement") is entered into as of the day of , , by and between:

Client Name:    Phone:

Client Address:

Gunsmith / Business Name:    Phone:

RECITALS

WHEREAS, Client desires that Gunsmith perform certain inspection, repair, modification and related services on the firearm identified below; and

WHEREAS, Gunsmith represents that Gunsmith is duly skilled, licensed where required, and qualified to perform the requested gunsmithing services in a professional manner consistent with industry standards.

WHEREAS, the parties desire to set forth their respective duties, payments, warranties and liabilities in writing as set forth herein.

FIREARM INFORMATION

Serial Number:    Condition on Delivery:

SCOPE OF WORK

Gunsmith shall perform the services described below. Services will include parts inspection, diagnosis, repair or replacement, fitting, adjustment, finish work and test functions as necessary to complete the requested work.

PAYMENT TERMS

Client agrees to pay Gunsmith for labor, parts and other charges in accordance with the schedule below. All charges are USD unless otherwise specified.

Late Payment: Unpaid amounts not received within days of invoice shall incur a late fee of on the outstanding balance and interest to the maximum extent permitted by law.

PARTS AUTHORIZATION

Client authorizes Gunsmith to order and install parts not on hand. Gunsmith will notify Client when parts estimates exceed unless prior authorization is provided.

Client:   I authorize parts up to the threshold

TESTING, LIVE FIRE & SAFETY

Client acknowledges and accepts that live-fire testing may be required to verify repair or function. Client must indicate authorization below.

  I authorize limited live-fire testing of the firearm by Gunsmith under controlled, safe conditions.

  Client represents that the firearm is delivered unloaded and no ammunition is in the firearm or in the packaging.

TERM AND TERMINATION

This Agreement shall commence on the date first written above and shall continue in effect until completion of the Scope of Work or until earlier terminated as provided herein. Expected start date: . Expected completion: .

Either party may terminate this Agreement for material breach after providing the breaching party with written notice and a day opportunity to cure. In the event of termination, Client shall pay for all work performed and parts ordered prior to termination.

STORAGE, UNCLAIMED FIREARMS AND LIEN

If Client fails to retrieve the firearm within days after completion notice, Gunsmith may assess storage fees of per day and may exercise a mechanic's lien or other lawful remedies to recover unpaid charges.

WARRANTY, LIMITATION OF LIABILITY & INDEMNITY

Gunsmith warrants that work performed will be free from defects in workmanship for a period of from completion. This warranty does not cover defects caused by misuse, unauthorized modification, corrosion, neglect, or normal wear.

EXCEPT AS TO EXPRESS WRITTEN WARRANTY ABOVE, GUNSMITH MAKES NO OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY LAW, GUNSMITH'S LIABILITY FOR ANY CLAIM SHALL BE LIMITED TO REPAIR, REPLACEMENT OR REFUND OF AMOUNTS PAID FOR THE SPECIFIC SERVICE GIVING RISE TO THE CLAIM; IN NO EVENT SHALL GUNSMITH BE LIABLE FOR SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES.

Client shall indemnify, defend and hold Gunsmith harmless from any loss, liability or expense (including reasonable attorneys' fees) arising from Client's misuse of the firearm, inaccurate representations about the firearm, or Client's breach of this Agreement.

CONFIDENTIALITY

The parties acknowledge that certain information exchanged in connection with this Agreement may be confidential. Each party agrees not to disclose the other's confidential information to third parties except as required by law or necessary to perform the services. Confidential information does not include information that is publicly known prior to disclosure or that becomes publicly known through no fault of the receiving party.

GOVERNING LAW; DISPUTE RESOLUTION

This Agreement shall be governed by and construed in accordance with the laws of the State of without regard to its conflicts of law principles. Any dispute arising under this Agreement shall be resolved by the courts located in the same state unless the parties agree in writing to alternative resolution.

ENTIRE AGREEMENT

This Agreement, together with any written estimates, attachments or addenda signed by both parties, constitutes the entire agreement between the parties concerning the subject matter herein and supersedes all prior agreements, understandings and representations, whether oral or written. Any modification to this Agreement must be in writing and signed by both parties.

CLIENT ACKNOWLEDGMENTS

Client acknowledges receipt of this Agreement, agrees to the terms set forth herein, and acknowledges that the firearm was delivered in the condition described above.

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