Terms and Conditions
Terms of Service
1. Introduction
This website, www.Scav-Eng.com, (the “Website”) permits users like you to purchase products, in accordance with the terms of these Terms and Conditions (the “Agreement”).
2. Legal Agreement
(a) Please read this Agreement carefully. This Agreement is a legally binding agreement between you (“you” or “your”) and Scav Eng LLC, a Washington limited liability company (“Scav Eng” or “we” or “our” or “us””).
(b) The effective date of this Agreement (the “Effective Date”) is the date you first use the Website. By using the Website, you agree to be bound by this Agreement. If you choose to accept this Agreement, you must do so as written, without modification. If you do not agree to abide by the terms of this Agreement, please discontinue your use of the Website immediately. You agree that by using the Website, such use constitutes your acceptance of this Agreement and your agreement to be bound by the terms of this Agreement. You warrant and represent that you are at least 18 years old and that you have the legal authority to enter into this Agreement as an individual or on behalf of your employer. Scav Eng and you are individually, a “party” and collectively, the “parties.”
(c) You agree that any purchase of Products from us, whether through the Website, in person, over the phone or otherwise, shall be governed by this Agreement.
3. Privacy Policy
Your access to the Website and purchase of the Products shall be governed by this Agreement and also by the Privacy Policy. The Privacy Policy also describes how Scav Eng collects and uses information you post to the Website or provide to us. This Agreement and the Privacy Policy may be collectively referred to as the Agreement, and are intended to be read together. A Privacy Policy link is available at the bottom of the website.
4. Terms and Termination
The term of this Agreement shall begin on the Effective Date and continue until terminated as expressly provided in this Agreement (the “Term”). This Agreement and the Privacy Policy shall run concurrently and if either terminates, then the other shall automatically terminate. You may terminate this Agreement at any time by delivering an email to us in the “contact ” section of the Website. Scav Eng may immediately terminate this Agreement as required by law or due to your breach of any provision of this Agreement in Scav Eng’s determination. Termination will become effective immediately. Upon termination, all rights granted by Scav Eng to you under this Agreement, including your use of the Website, shall immediately terminate, and you will not be allowed to use the Website or purchase Products. The following Sections of this Agreement shall survive termination or expiration of this Agreement for any reason: 4, 6, and 15 - 25.
5. Updates to this Agreement. SCAV ENG RESERVES THE RIGHT TO AMEND THE WEBSITE AND THE TERMS OF THIS AGREEMENT IN ITS DISCRETION FROM TIME TO TIME. YOU ARE RESPONSIBLE FOR MONITORING THE WEBSITE FOR CHANGES TO THIS AGREEMENT. Scav Eng may, but is not obligated to, offer upgrades, updates, and improvements to the Website, and to add or discontinue any Services or Products at any time.
6. Prohibited Uses
(a) You may only use the Website and purchase Products for legal purposes (the “Purpose”).
(b) You shall not use the Website or Products: (i) to harass, intimidate, embarrass, or threaten any person, (ii) for any illegal, libelous, obscene, pornographic, or illegal purpose, or (iii) in a manner that violates any laws, rules, or regulations.
(c) You shall not copy, modify, creative derivate works of, or reverse engineer, in whole in or part, Scav Eng’s (i) Website, including its components or contents, in whole or part, (ii) Products, or (iii) trademarks, service marks, trade dress, patents, patents pending, copyrights, and other intellectual property, including, without limitation, photographic images (the foregoing in (a) – (c) collectively, the “Intellectual Property”).
(d) Except as expressly stated in this Agreement, Scav Eng does not grant you any license or ownership rights, including in the Intellectual Property, and all rights not expressly granted by Scav Eng to you under this Agreement are expressly reserved to Scav Eng.
7. Orders
You must be at least 18 years old to order any knife Products. Some items on the Website may be illegal in your or other areas for possession by those under the age of 21. You shall be responsible to check all applicable federal, state, and local laws concerning the purchase, ownership, use, and possession of any Products sold to you on the Website.
8. Legal Disclaimers
Scav Eng offers no legal advice regarding laws applicable to your purchase of Products. It is your responsibility, as the buyer, and not Scav Eng, as the seller, to ascertain and obey all applicable international, federal, state, and local laws regarding your purchase and use of Products.
9. Change and Cancellation Policy
If you order the wrong Products, you may change your order up until the time the order is shipped. Once an order has been shipped, if you wish to change an item you must follow the guidelines in the Returns section. If you would like to cancel your order you may do so up until the time the order has shipped. Once an order has been shipped you must follow the guidelines in the Returns section. You can contact Scav Eng about a change or cancellation at the email listed in the “contact” section of the Website. If you choose to send an email you must use “order change” or “order cancellation” in your email subject line to improve the chance that the change or cancellation can be implemented before the order ships.
10. Payment
(a) Credit Card Orders. We accept Visa, Mastercard, Discover, and American Express. We do not accept Paypal. By ordering with a credit card you agree that you are authorized to use such credit card and, if there is a billing dispute, to handle any billing disputes directly with us.
(b) Scav Eng reserves the right to request identification for any purchases of any kind. No customer shall be obligated to provide identification, however failure to provide requested information may result in the cancellation of the customer's order. If the order is cancelled and charges to the credit card used will be voided or refunded.
11. Shipping
(a) Scav Eng makes no guarantees about shipping time. We will attempt to ship out orders in a reasonable manner; however, delays may result from occurrences, such as, without limitation, customer verification, declined credit cards, product customization, restricted items, legal prohibitions, product unavailability, acts of God, and other force majeure events.
(b) If quicker shipping times are required, notification must be sent via the “contact” page.
(c) If the Product order value meets a certain threshold (exclusive of shipping or taxes), then the shipping costs may change based solely on the discretion of Scav Eng’s policy makers. No "free shipping" guarantees are made or implied. There are some oversized and overweight items which have additional shipping costs. When free shipping is offered and selected, Scav Eng will ship orders via FedEx, UPS, DHL, or USPS, at its discretion. Shipping prices are subject to change without notice.
(d) Please note: There are some areas within the United States of America where certain items are restricted and cannot be shipped.Some of these areas include, but are not limited to: portions of Alaska, California, Colorado, Connecticut, Delaware, Hawaii, Illinois, Indiana, Kansas, Louisiana, Maine, Massachusetts, Michigan, Minnesota, Missouri, New Mexico, New York, Tennessee, Texas, Vermont, Washington, and Wisconsin. Exceptions are made as local laws permit (proper ID may be required at the time of purchase).
(e) Address Verification. In many cases, orders that are placed with a ship to address that is not authorized by the credit card issuer are subject to shipping delays, verification emails/telephone calls and/or cancellation. Additionally, orders that are shipped to an address other than the authorized billing address are subject to shipping delays and verifications. In situations where we cannot confirm the validity of an order or we suspect fraud, the order will be cancelled.
12. Operation and Warranty
All knife sales are final, however if there is an issue with craftsmanship, please contact us for adjudication. Use of knives is done at your own risk, and damage or injury to life or property are expressly responsibilities of the individual. Knives that have been abused or neglected are not covered. Knives that have been modified or converted are not covered. Except as expressly stated herein, no further warranties apply.
13. Product Use
Use of all products are done at your own risk, and damage or injury to life or property are expressly responsibilities of the individual. Scav Eng shall have no liability for any damage to health or property by use of Scav Eng products, or those sold by Scav Eng LLC.
14. Returns
Returns must be initiated within 14 calendar days of your original purchase date. You must submit a return request via the “contact” page. Approval is required before shipping your return item(s), otherwise, your return will not be accepted. Please allow up to 3 business days for approval. Once approved, you will be responsible for return shipping.
15. Representations and Warranties
By placing an order, you warrant and represent that you will use the Products in a lawful manner and that you are of legal age to purchase and use the Products.
16. Law Enforcement
Anyone known or believed to use the Products other than for the Purpose, or to provide false information, or to attempt to defraud us in any way will be reported to the proper authorities. You understand and agree that Scav Eng monitors usage on the Website and of purchase of Products and that, in accordance with the terms of this Agreement and the Privacy Policy, we may share your use of the Website and purchase of Products Services, including Personal Information (as defined in the Privacy Policy), with law enforcement agencies and officials in response to inquiries or if we have reason to believe that your use of the Website or Products is for an unlawful purpose. We may also share your use of the Website and purchases of Products, including Personal Information, to third parties without your prior consent as required by law, a court order, a subpoena, legal process, governmental request, to investigate fraud, or as Scav Eng determines is necessary or advisable to protect its interests or your safety or the safety of others.
17. Indemnification
You shall defend, indemnify, and hold harmless Scav Eng and its affiliates, and their employees, managers, members, officers, directors, agents, representatives, contractors, insurers, attorneys, successors, and assigns from and against all claims, demands, judgments, losses, liabilities, damages, costs, fees, expenses, including, without limitation, attorneys’ fees, expert witness fees, and court costs, arising out of your (a) unauthorized use of the Website, Products, or Intellectual Property, or (b) any other breach of this Agreement.
18. Disclaimer of Warranties.,
EXCEPT AS EXPRESSLY STATED HEREIN, SCAV ENG: (A) PROVIDES ACCESS TO THE WEBSITE AND THE PRODUCTS ON AN “AS IS” BASIS, WITH ALL FAULTS AND WITHOUT ANY WARRANTY OR GUARANTEES, (B) MAKES NO WARRANTIES, EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, WITH RESPECT TO THE WEBSITE AND THE PRODUCTS, AND (C) SPECIFICALLY DISCLAIMS ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTY AGAINST NON-INFRINGEMENT OF ANY INTELLECTUAL PROPERTY RIGHT OF ANY THIRD PARTY IN CONNECTION WITH YOUR ACCESS TO THE WEBSITE AND THE PRODUCTS. EXCEPT AS EXPRESSLY STATED HEREIN, SCAV ENG DOES NOT WARRANT THAT THE WEBSITE OR ANY OF THE OFFERED PRODUCTS WILL MEET YOUR EXPECTATIONS OR REQUIREMENTS, OR THAT THE PRODUCTS WILL PROVIDE SECURITY OR PROTECTION AGAINST HARM, INJURY, DISMEMBERMENT, OR DEATH, OR THAT THE CONTENT OF THE WEBSITE OR METHOD OF DELIVERY WILL BE FREE OF ERROR (INCLUDING FACTS, STATEMENTS, SERVICE LEVELS, DOWNLOAD SPEED, WEBSITE DOWNTIME, OUTAGES, WI-FI, HOTSPOT, OR INTERNET CONNECTIVITY OR SECURITY), OR THAT DEFECTS THEREIN WILL BE CORRECTED. THE PROVISIONS OF THIS SECTION SHALL BE IN EFFECT TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.
(b) Without limiting the generality of the foregoing in this Section, Website mistakes (such as, without limitation, pricing errors, Product misinformation, and stock discrepancies) are inevitable. Scav Eng is not required to honor pricing errors. At our discretion, we may cancel any order where we determine there has been a pricing error. If we have provided Product misinformation for your order, you have the right to return your purchased Product without penalty (subject to the return policy stated herein). If there is a stock discrepancy, you have the right to retain your order until it can be filled or to cancel your order without penalty.
(c) Without limiting the generality of the foregoing, Scav Eng will not be held liable for the misuse of any Product purchased from us or any of our distributors and dealers.
19. Limitations of Liability
(a) SCAV ENG SHALL NOT BE LIABLE TO YOU OR ANY OTHER PARTY FOR LOST PROFITS, LOSS OF BUSINESS, SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES, EVEN IF A PARTY HAS BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SCAV ENG’S TOTAL LIABILITY, AND YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY CLAIM UNDER THIS AGREEMENT, SHALL NOT EXCEED THE TOTAL AMOUNT PAID BY YOU TO SCAV ENG UNDER THIS AGREEMENT. THE PROVISIONS OF THIS SECTION SHALL BE IN EFFECT TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.
20. Compliance with Applicable Law
Except as expressly permitted herein, all other notices provided for herein shall be effected either by recognized international express courier, postage pre-paid, or by First Class United States Mail, postage pre-paid, to the address listed under the “contact us” section of the Website in our case, and to the address you listed at time of last purchase in your case. Notice shall be deemed received two days following tender to such courier and three days following posting by Mail.
Scav Eng LLC
PO Box 8278
Port Orchard, WA 98366
21. Independent Parties
Nothing in this Agreement shall create an employer-employee, partner, joint venturer or agent relationship between Scav Eng and you.
22. Dispute Resolution
This Agreement and Privacy Policy shall be governed by and construed in accordance with the laws of the State of Washington, without regard to any applicable conflicts or choice of law provisions. Neither the United Nations Convention on Contracts for the International Sale of Goods (“CISG”) nor the Uniform Computer Information Transactions Act (“UCITA”) shall apply. For any dispute arising out of or in connection with this Agreement or the Privacy Policy, the parties hereto irrevocably consent to binding arbitration in Olympia, Washington, under the Commercial Rules of the American Arbitration Association, and the parties hereby waive any objection that arbitration in such city is inconvenient. You understand that you hereby agree to waive any right you may have to a trial by jury. You hereby agree to waive any right you may have to participate in any class, collective, group, or representative action or proceeding arising out of or in connection with this Agreement or the Privacy Policy. The prevailing party in any such arbitration action shall be entitled to collect from the non-prevailing party, in addition to any award, all reasonable costs, fees, and expenses, including, without limitation, attorneys’ fees and court costs.
23. Complete Agreement
This Agreement and the Privacy Policy, and references to pages and sections on the Website, contain the entire agreement of the parties and supersedes any and all other agreements, whether oral or in writing, between the parties concerning the subject matter hereof. Without limiting our rights under Section 5 above, any other modification of this Agreement or the Privacy Policy shall be effective only if in a writing signed by the parties. In the event of conflict between this Agreement and the Privacy Policy/pages and sections of the Website, this Agreement shall prevail.
24. Severability
If any provision of this Agreement or the Privacy Policy is held by a court or tribunal of competent jurisdiction to be invalid, void, or unenforceable, the remaining provisions shall nevertheless continue in full force and effect without being impaired or invalidated in any way.
25. Assignment
You may not assign or sublicense any part of the Agreement, in whole or in part, without the prior written consent of Scav Eng.