TERMS and Conditions
These Terms and Conditions of Sale (“Terms”) govern all purchases, orders, transfers, custom builds, engraving, gunsmithing or assembly services, and other transactions involving firearms, National Firearms Act (“NFA”) firearms, firearm components, ammunition, accessories, or related services provided by Bearded Gunworks LLC (“BGW,” “Seller,” “we,” “us,” or “our”) to the purchaser or customer (“Customer,” “Buyer,” or “you”).
By placing an order, paying a deposit, commissioning work, purchasing a product, submitting a firearm for service, or accepting delivery or transfer of any product from BGW, the Customer acknowledges and agrees to these Terms and any incorporated BGW policy identified herein.
1. Scope and Applicability
These Terms apply to all products and services sold or provided by BGW, whether purchased in person, online, by invoice, special order, or otherwise.
Any additional or conflicting terms proposed by the Customer, including terms contained in purchase orders or other documents, are rejected unless expressly accepted in a writing signed by BGW. No course of dealing, oral statement, or industry practice modifies these Terms unless expressly agreed to in writing by BGW.
If a product page, written quote, invoice, work order, or specific written BGW policy contains terms that apply uniquely to a transaction, those specific terms supplement these Terms. In the event of a direct conflict, the more specific written BGW term applicable to that transaction controls to the extent of the conflict.
2. Legal Eligibility and Compliance
The Customer represents and warrants that the Customer is legally permitted to purchase, receive, possess, transport, store, modify, and use the products or services ordered and is not prohibited from possessing firearms or ammunition under applicable federal, state, or local law.
BGW does not guarantee that any firearm, configuration, component, magazine, suppressor, accessory, or other product is lawful in the Customer’s jurisdiction or for the Customer’s intended use. The Customer is responsible for compliance with all laws applicable to possession, transfer, storage, transport, modification, configuration, and use.
BGW may refuse, suspend, or cancel a transaction whenever BGW reasonably believes the transaction cannot lawfully be completed or additional information or documentation is required.
3. Federal Firearms License (FFL) Transfers
All firearms, frames, receivers, and other regulated items will be transferred only in accordance with applicable federal, state, and local law and BGW policy.
A transfer may require completion of ATF Form 4473, acceptable identification and documentation, a NICS background check, coordination with another Federal Firearms Licensee, and satisfaction of other applicable legal requirements.
A purchase does not guarantee that the Customer is legally eligible to receive or possess a firearm.
If a transfer is denied, prohibited, refused, or otherwise cannot legally be completed, the firearm will not be released. Any cancellation or refund will be governed by Section 9 and may be reduced by applicable transfer fees, shipping charges, return shipping, restocking fees, processing costs, and other non-refundable expenses.
A NICS delay is not a denial and does not automatically entitle the Customer to cancellation or a refund. BGW will release a firearm only when legally permitted and in accordance with BGW policy. BGW is not responsible for delays caused by NICS, ATF, law-enforcement agencies, other government authorities, carriers, manufacturers, distributors, or transferring FFLs.
4. NFA Firearms and Suppressors
4.1 General Requirements
Suppressors, short-barreled rifles, short-barreled shotguns, machineguns, destructive devices, and other firearms regulated by the National Firearms Act may require ATF approval, registration, tax payment, and other documentation before lawful transfer.
Purchasing an NFA firearm does not guarantee ATF approval. An NFA firearm awaiting approval will remain in the possession of the appropriate FFL/SOT until the transfer may lawfully be completed.
4.2 Customer Responsibilities
The Customer must provide complete, truthful, and timely information and all required photographs, fingerprints, certifications, signatures, responsible-person information, identification, or other materials necessary for the transaction. The Customer must reasonably respond to requests from BGW, the transferring FFL/SOT, ATF, or other parties necessary to complete the transaction.
4.3 ATF Denial or Return Without Action
If ATF denies an application required to transfer an NFA firearm, the item will not be transferred. Any cancellation or refund authorized by BGW will be governed by Section 9.
An ATF application that is returned without action (“RWA”) is not necessarily a denial. Where reasonably possible and legally permissible, BGW may assist the Customer in determining whether the issue can be corrected and a new or corrected application submitted. Any resubmission remains subject to applicable ATF requirements, BGW policies, and government or third-party fees then in effect.
4.4 Government Fees
Government taxes, tax stamps, application fees, and other amounts paid directly to a government agency or third party are governed by that agency’s or third party’s rules. BGW does not guarantee that such amounts are refundable.
4.5 Final Transfer
Customers should inspect an NFA firearm before final physical transfer whenever practicable. Once an NFA firearm has been lawfully transferred to the Customer, the sale is final except to the extent otherwise required by law or expressly provided in writing by BGW.
4.6 Pending NFA Items
Time during which an NFA firearm is awaiting required ATF approval does not count toward the ordinary unclaimed-property or storage periods in Section 16.
5. Custom Firearm Builds, Engraving, and Special Orders
Custom firearm builds are produced according to customer-selected specifications. Special-order merchandise, custom-sourced components, personalized products, and engraving may be procured or performed specifically for the Customer.
Once parts are ordered, machining or engraving begins, assembly begins, or BGW otherwise incurs non-refundable costs on the Customer’s behalf, the affected order or work becomes non-cancelable and non-refundable except as expressly agreed by BGW in writing or required by law.
Deposits for custom builds and special orders are non-refundable unless otherwise agreed in writing.
Customer-supplied components are subject to inspection. BGW may refuse to install or use any component BGW reasonably determines is damaged, incompatible, unsafe, unlawful, or unsuitable for the requested work.
6. Pricing and Payment
Prices are subject to change until an order is accepted by BGW. Payment terms may require full payment before shipment, a deposit with the balance due before delivery or transfer, or payment before services are performed.
BGW may cancel or refuse an order because of pricing or listing errors, supplier discontinuation, inventory errors, suspected fraud, regulatory restrictions, or inability to lawfully complete the transaction.
Unless otherwise stated, taxes, shipping, transfer fees, government fees, insurance, and other transaction-specific charges are additional.
7. Shipping and Delivery
Products may be shipped through commercial carriers or, where required by law, to an eligible Federal Firearms Licensee. Firearms and regulated products will be shipped only to persons or entities legally permitted to receive them.
Risk of loss and responsibility for a product transfer as permitted by applicable law and the applicable shipping terms. BGW is not responsible for carrier delays or circumstances outside BGW’s reasonable control.
Customers must promptly inspect delivered products. Apparent loss, shipping damage, incorrect shipment, or shortage must be reported to BGW within forty-eight (48) hours of delivery or receipt.
Customers receiving firearms or regulated products through another FFL should inspect the item before accepting transfer whenever reasonably possible. A Customer who discovers apparent shipping damage or an incorrect firearm should not accept the transfer and should contact BGW immediately.
Any return, replacement, refund, or shipping claim is subject to Section 9.
8. Product Inspection and Acceptance
The Customer must inspect all products upon receipt or before transfer whenever reasonably possible.
Claims involving missing items, assembly errors, incorrect products, or apparent shipping damage must be reported within forty-eight (48) hours of delivery or transfer. Failure to report an apparent issue within this period may constitute acceptance of the product to the extent permitted by law.
For firearms, serialized receivers, frames, suppressors, and other regulated items, the Customer should inspect the item before accepting transfer. Acceptance of transfer constitutes acknowledgment that the item was received and accepted in its then-current apparent condition, subject to latent defects, applicable manufacturer warranties, and rights that cannot lawfully be waived.
9. Returns, Refunds, Cancellations, and Final Sales
9.1 New Firearms and Serialized Items
All sales of new firearms, frames, receivers, lower receivers, and other serialized firearm components are final once transferred to the Customer. After transfer, BGW will not accept the item as a standard merchandise return. Any later trade-in, consignment, warranty service, or other disposition is a separate transaction.
9.2 Failure or Inability to Complete a Firearm Transfer
If a firearm purchased directly from BGW cannot legally be transferred because of a NICS denial, prohibited-person status, failure to provide acceptable identification or documentation, residency restrictions, or another legal impediment, BGW may cancel the order. Any authorized refund may be reduced by non-refundable fees already incurred, original shipping, return shipping and insurance, processing charges, and a fifteen percent (15%) restocking fee.
If an item must be returned to an outside seller or distributor, the Customer is responsible for applicable transfer, processing, shipping, insurance, or other charges unless BGW agrees otherwise in writing.
9.3 Used Firearms
Unless a particular used firearm is expressly sold with a separate written BGW guarantee, all used firearms are sold AS-IS and all sales are final once transferred. Any specific inspection period, warranty, or return privilege must be stated in writing by BGW at the time of sale.
9.4 Ammunition, Accessories, Parts, and Components
Except where BGW expressly states otherwise in writing, sales of ammunition, magazines, optics and electronic sights, upper receivers and firearm components, suppressor components and mounting devices, holsters, knives, hunting and range equipment, clearance or closeout merchandise, special-order merchandise, and other firearm accessories are final.
BGW does not accept returns of ammunition. Incorrect or damaged products must be reported within forty-eight (48) hours and before installation, modification, use, or firing whenever reasonably possible.
9.5 Suppressors and Other NFA Firearms
Once an NFA firearm has been lawfully transferred to the Customer, the sale is final. If ATF denies a required application, or if an RWA or customer-caused inability to proceed results in an authorized cancellation, the refund may be reduced by a fifteen percent (15%) restocking fee, original shipping, return shipping and insurance, transfer or processing fees already incurred, payment-processing fees to the extent permitted by law and BGW’s processor, and other non-refundable third-party charges actually incurred.
9.6 Special Orders and Custom Work
Firearms, suppressors, components, accessories, custom AR builds, specially sourced merchandise, personalized or engraved products, and other items ordered or produced specifically for a Customer may be designated FINAL SALE and may not be canceled or returned after BGW has placed the order, begun work, ordered components, or otherwise incurred costs on the Customer’s behalf.
9.7 Approved Refunds
Approved refunds will generally be issued to the original payment method whenever practicable. Shipping charges, transfer fees, background-check or processing fees, engraving charges, gunsmithing or assembly labor, special-order costs, government fees, and other services already performed or costs already incurred are non-refundable except where BGW determines otherwise or applicable law requires a refund.
9.8 Manufacturer Warranty Assistance
Many products may carry a manufacturer’s warranty. BGW may make reasonable efforts to assist the Customer with manufacturer contact or warranty information. Such assistance does not create a BGW warranty, make BGW responsible for the manufacturer’s obligations, or guarantee the manufacturer’s determination, repair, replacement, or timeline.
10. Warranty Disclaimer
Except where prohibited by law or expressly stated by BGW in writing, BGW makes no express or implied warranties, including warranties of merchantability or fitness for a particular purpose.
Many products and components are manufactured by third parties. BGW does not manufacture those products and does not independently warrant third-party products. Applicable warranty claims may be subject to the original manufacturer’s warranty terms.
Nothing in this section excludes a warranty or remedy that cannot lawfully be disclaimed.
11. Assumption of Risk
Firearms, ammunition, and firearm components are inherently dangerous products. By purchasing or receiving any firearm, component, ammunition, accessory, or related service from BGW, the Customer acknowledges and voluntarily assumes the ordinary risks associated with firearm ownership and use, including risks related to handling, storage, transport, modification, ammunition selection, maintenance, and operation.
12. Limitation of Liability
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, BGW, INCLUDING ITS OWNERS, OFFICERS, EMPLOYEES, CONTRACTORS, AFFILIATES, AND AGENTS, SHALL NOT BE LIABLE FOR CLAIMS, INJURIES, DAMAGES, LOSSES, OR EXPENSES ARISING FROM OR RELATED TO THE PURCHASE, POSSESSION, MODIFICATION, TRANSFER, OR USE OF A FIREARM, FIREARM COMPONENT, ACCESSORY, AMMUNITION, OR SERVICE PROVIDED BY BGW, EXCEPT TO THE EXTENT SUCH LIABILITY CANNOT LAWFULLY BE LIMITED OR EXCLUDED.
Without limiting the foregoing, and to the fullest extent permitted by law, BGW is not liable for damages resulting from negligent or unlawful firearm use, accidental or negligent discharge, improper storage, unauthorized access, post-transfer modification, improper installation or reassembly, incompatible components, failure to follow firearm safety practices, mechanical failure occurring after transfer, improper or incompatible ammunition, reloaded or remanufactured ammunition, environmental damage, poor maintenance, criminal misuse, or failure to comply with applicable law.
12.1 Exclusion of Certain Damages
To the fullest extent permitted by law, BGW shall not be liable for indirect, incidental, consequential, special, exemplary, or punitive damages, including lost profits, loss of business, loss of use, or similar economic losses, even if BGW has been advised of the possibility of such damages.
12.2 Liability Cap
To the fullest extent permitted by law, BGW’s aggregate liability arising from a specific product or service shall not exceed the amount actually paid to BGW for that specific product or service giving rise to the claim. This limitation does not apply where such a limitation is prohibited by applicable law.
13. Product Misuse and Modification
To the fullest extent permitted by law, BGW is not responsible for injury, damage, or malfunction caused by modification, alteration, improper maintenance, improper assembly or reassembly, use of non-recommended or incompatible ammunition, installation of non-factory or incompatible components, or other misuse by the Customer or a third party after transfer.
14. Ammunition Responsibility
Improper, incompatible, reloaded, remanufactured, defective, or overpressure ammunition may cause firearm damage, serious injury, or death. The Customer is responsible for selecting ammunition that is appropriate for the firearm and complying with the firearm and ammunition manufacturers’ instructions.
To the fullest extent permitted by law, BGW assumes no responsibility for damages caused by ammunition selection, condition, loading, manufacture, or use where BGW did not manufacture the ammunition.
15. Indemnification
To the fullest extent permitted by applicable law, the Customer agrees to defend, indemnify, and hold harmless BGW and its owners, employees, contractors, affiliates, and agents from third-party claims, liabilities, damages, losses, or expenses, including reasonable attorney fees, arising from the Customer’s unlawful conduct, firearm misuse, unauthorized or unsafe modification, violation of applicable law, or injury or damage caused by the Customer or a third party after transfer, except to the extent caused by conduct for which indemnification cannot lawfully be required.
16. Unclaimed Property, Storage, and Abandoned Firearms
Customers are responsible for responding to BGW and completing pickup or transfer within a reasonable period after BGW notifies the Customer that an item is available.
Unless other arrangements are approved by BGW in writing, BGW may assess a reasonable storage fee on firearms or other property remaining unclaimed more than fourteen (14) calendar days after notification that the item is available for pickup or transfer, where permitted by law.
Any firearm or other property left in BGW’s possession for more than sixty (60) days after notification of completion or transfer availability may be treated as unclaimed or abandoned only to the extent permitted by applicable law. BGW may pursue lawful storage charges, return, disposition, or other remedies. BGW does not acquire ownership merely because a stated period has elapsed unless applicable law and the facts of the transaction permit that result.
The periods in this section do not run while an NFA firearm is awaiting required ATF approval. They may begin after BGW notifies the Customer that the NFA firearm is lawfully available for final transfer or pickup.
17. Force Majeure
BGW is not liable for delay or failure to perform caused by circumstances beyond its reasonable control, including supplier shortages, transportation delays, carrier disruptions, government action, regulatory changes, natural disasters, labor disruptions, utility or communications failures, acts of war or terrorism, or similar events.
18. Dispute Resolution and Binding Arbitration
To the fullest extent permitted by applicable law, any dispute arising from or relating to these Terms or a BGW transaction shall be resolved through binding arbitration in South Carolina under the applicable consumer or commercial rules of the American Arbitration Association, as appropriate, unless the parties agree otherwise in writing or applicable law requires a different forum.
Nothing in this section prevents either party from seeking relief in a court of competent jurisdiction where arbitration cannot lawfully be required or for claims properly brought in small-claims court, if applicable.
19. Waiver of Class or Representative Actions
To the fullest extent permitted by applicable law, disputes shall be resolved only on an individual basis and not as part of a class, collective, consolidated, or representative action. If this waiver is found unenforceable as to a particular claim or remedy, the unenforceable portion will be severed to the extent permitted by law.
20. Attorney Fees and Costs
Where permitted by applicable law, the prevailing party in a legal dispute arising from these Terms may recover reasonable attorney fees and legal costs if awarded by the arbitrator or court or otherwise authorized by contract or law.
21. Governing Law and Venue
These Terms are governed by the laws of the State of South Carolina, without regard to conflict-of-law principles, except to the extent federal law controls.
Any court proceeding not subject to arbitration shall be brought in a court of competent jurisdiction in South Carolina, subject to applicable law governing jurisdiction and venue.
22. Severability
If any provision of these Terms is held invalid, illegal, or unenforceable, that provision will be enforced to the maximum extent permitted by law or severed as necessary, and the remaining provisions will remain in full force and effect.
23. No Waiver; Amendments
BGW’s failure to enforce a provision of these Terms does not waive that provision or BGW’s right to enforce it later. BGW may revise these Terms prospectively. The version applicable to a transaction is the version presented or made available in connection with that transaction, unless the parties agree otherwise in writing.
24. Acceptance of Terms
By placing an order, paying a deposit, commissioning a build or service, submitting a firearm for work, or accepting delivery or transfer of a product from Bearded Gunworks LLC, the Customer acknowledges that the Customer has read, understands, and agrees to these Terms.