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Terms & Conditions
ATOMIC AMMUNITION
Distributor, Dealer & Manufacturer Sales
Terms and Conditions of Sale
Gans Industries LLC d/b/a Atomic Ammunition | atomicammunition.com
1506 W. Whispering Wind Dr., Phoenix, AZ 85085
Effective Date: July 1, 2026 | Version 2026.3
PLEASE READ THESE TERMS CAREFULLY. These Terms and Conditions of Sale (the “Terms”) govern all quotations, order acknowledgments, sales, and shipments of products by Gans Industries LLC d/b/a Atomic Ammunition (“Seller,” “we,” “us,” or “our”) to any purchaser (“Buyer,” “you,” or “your”). By submitting a purchase order, issuing or accepting a sales order, accepting any quotation or price sheet, or accepting delivery of or paying for any product, Buyer accepts and agrees to be bound by all of these Terms. These Terms apply to commercial purchasers in the firearms and ammunition trade (including licensed dealers, distributors, resellers, and firearm manufacturers) and not to retail consumers.
Sections 1 through 17 and 19 through 29 apply to all Buyers. Section 18 sets out additional terms that apply only to Buyers that purchase Proof Ammunition (typically firearm manufacturers and proof houses). A Buyer that purchases both Standard Ammunition and Proof Ammunition is bound by the general Terms as to all Products and by Section 18 as to Proof Ammunition.
Contents
Part A — General Terms (All Buyers)
1. Acceptance; Entire Agreement; Order of Precedence
1.1 Binding acceptance. These Terms govern the offer, sale, and delivery of all products sold by Seller. Buyer’s submission of a purchase order, issuance or acceptance of a sales order or order acknowledgment, acceptance of any quotation or price sheet, instruction to ship, acceptance of delivery, or payment of any invoice each constitutes Buyer’s unconditional acceptance of, and agreement to be bound by, these Terms, regardless of whether Buyer signs them.
1.2 Seller’s offer is conditioned on these Terms. Any quotation, acknowledgment, or acceptance by Seller is expressly limited to and conditioned upon Buyer’s assent to these Terms. Seller objects to and rejects any additional, different, or conflicting terms contained in Buyer’s purchase order, vendor portal, supplier agreement, EDI transaction, or other document, and no such terms will become part of the agreement between the parties unless expressly agreed to in a writing signed by an authorized officer of Seller. Seller’s commencement of performance or shipment is not acceptance of any of Buyer’s terms.
1.3 Entire agreement; precedence. These Terms, together with Seller’s quotation, order acknowledgment, invoice, and (for Proof Ammunition) the Proof Ammunition Disclaimer and Acknowledgment, constitute the entire agreement between the parties regarding the products and supersede all prior or contemporaneous understandings. In the event of a conflict, the following order of precedence applies: (a) a separate written agreement signed by an authorized officer of Seller; (b) these Terms; (c) Seller’s invoice or order acknowledgment; and (d) Buyer’s purchase order. Terms printed on Buyer’s documents that conflict with or add to these Terms are of no effect.
1.4 Modifications. No modification, amendment, or waiver of these Terms is binding on Seller unless in a writing signed by an authorized officer of Seller. Seller may revise these Terms at any time by posting an updated version at the URL where these Terms are published; the version in effect on the date Seller accepts an order governs that order.
2. Definitions
“Products” means all ammunition, cartridges, components, and related goods offered or sold by Seller, including Standard Ammunition and Proof Ammunition. “Standard Ammunition”means ammunition loaded to standard service specifications and intended for ordinary use. “Proof Ammunition” (also “proof loads” or “proof rounds”) means ammunition deliberately loaded to produce chamber pressures above the standard maximum for the cartridge (typically on the order of 25–40% over standard service pressure) for the purpose of proof or pressure testing of firearms, and not for ordinary use. “Reference Ammunition” (also “control ammunition”) means ammunition calibrated to a known velocity or pressure used to verify test equipment or as a baseline, which is not overpressure and serves a purpose different from Proof Ammunition. “Proof Testing” means the controlled firing of Proof Ammunition to stress-test a firearm. “Order” means any purchase order, sales order, or other request to purchase Products. “Price Sheet” means any price list, quotation, or catalog issued by Seller. “Components” means the raw materials and inputs used to manufacture Products, including brass, copper, lead, steel, primers, propellant/powder, projectiles, packaging, and energy. “Affiliate” means any entity controlling, controlled by, or under common control with a party. “Seller Parties” means Seller, its parent and holding companies and other Affiliates, and their respective owners, members, managers, officers, directors, employees, and agents, together with Seller’s contract manufacturers and component suppliers.
3. Buyer Eligibility; Categories of Buyers
3.1 Trade buyers. Products are offered solely to commercial buyers in the firearms and ammunition trade (including licensed dealers, distributors, resellers, and firearm manufacturers) and are not offered for sale to retail consumers. By placing an Order, Buyer represents and warrants that it is acquiring Products in the course of its business for resale or commercial use, and not as a consumer.
3.2 Legal capacity and compliance. Buyer represents and warrants that: (a) it is a duly organized business in good standing; (b) it holds all licenses, permits, and registrations required to purchase, possess, store, and (where applicable) resell the Products, including any federal firearms/ammunition license required for its activities; (c) all persons acting on its behalf are at least twenty-one (21) years of age; (d) neither Buyer nor any of its principals is a person prohibited from shipping, transporting, receiving, possessing, or dealing in ammunition under applicable law; and (e) it will purchase, handle, store, transport, and, where applicable, resell the Products in compliance with all applicable federal, state, and local laws. Seller may require documentation of the foregoing and may decline or suspend sales to any Buyer at its sole discretion.
3.3 Categories of buyers. Seller sells (a) Standard Ammunition, primarily to distributors and dealers, and (b) Proof Ammunition, solely to qualified firearm manufacturers and proof-testing operations. A Buyer purchasing Proof Ammunition is additionally subject to Section 18.
4. Orders; Acceptance; Minimums
4.1 Orders are offers. All Orders submitted by Buyer are offers to purchase and are not binding on Seller until accepted by Seller in writing, by order acknowledgment, or by shipment. Seller may accept or reject any Order, in whole or in part, in its sole discretion, including for reasons of credit, availability, allocation, or compliance.
4.2 No obligation; allocation. A Price Sheet, catalog, or quotation is an invitation to deal and not a binding offer. Seller is not obligated to maintain any particular inventory and may allocate limited Products among its customers in any manner Seller deems fair and reasonable. Quantities, specifications, and availability are subject to change without notice.
4.3 Minimums and packaging. Orders are subject to Seller’s minimum order quantities, case/box packaging configurations, and minimum order values in effect at the time of acceptance.
5. Prices; Component Cost Adjustment; Deposits
5.1 Prices subject to change. All prices are stated in U.S. dollars and are exclusive of taxes, duties, freight, insurance, and surcharges. Prices are subject to change without notice. Unless Seller has agreed otherwise in a writing signed by an authorized officer, the price charged is Seller’s price in effect at the time of shipment, not the time of Order. Prices on any Price Sheet are not guaranteed and may be corrected for typographical or clerical error at any time, including after Order acceptance.
5.2 Component Cost Adjustment. The pricing of Products is based on Seller’s costs of Components as of the date of quotation or Order acceptance. If, at any time before shipment, Seller’s cost of any one or more Components increases by ten percent (10%) or more from such date (whether due to supplier pricing, market conditions, tariffs, duties, taxes, surcharges, currency fluctuation, freight, or any other cause), Seller may increase the price of the affected Products to reflect such increased Component costs, upon notice to Buyer, without any obligation to absorb the increase. The adjusted price applies to all unshipped Products. If Buyer does not wish to accept a price increase under this Section, Buyer’s sole remedy is to cancel the unshipped portion of the affected Order by written notice received by Seller within five (5) business days after Seller’s notice of the increase, except that Orders or portions of Orders that are already in production or being filled remain subject to Section 11.2. This Section is in addition to, and not in lieu of, Seller’s right to change prices generally under Section 5.1.
5.3 Surcharges. Seller may impose freight, fuel, small-order, hazardous materials, and similar surcharges in effect at the time of shipment.
5.4 Deposits. Seller may require a deposit on any Order. For custom, OEM, and Proof Ammunition Orders, Seller may require a deposit before commencing production; any such deposit is credited against the price and is non-refundable to the extent of the costs and losses recoverable by Seller under Section 11.2 if Buyer cancels, reduces, or fails to perform the Order.
6. Payment Terms; Credit; Late Charges
6.1 Terms. Unless otherwise stated on Seller’s invoice, payment terms are net thirty (30) days from the date of invoice, in U.S. dollars, without setoff, deduction, or counterclaim. Seller may require prepayment, cash on delivery, deposit, letter of credit, or other security at any time. Time of payment is of the essence.
6.2 Credit. Credit is extended only to accounts approved by Seller following completion of Seller’s credit application. Any extension of credit is subject to Seller’s credit approval and may be reduced, suspended, or revoked by Seller at any time in its sole discretion. Buyer authorizes Seller to obtain credit reports and verify credit references.
6.3 Late charges. Past-due amounts bear a late charge of one and one-half percent (1.5%) per month (eighteen percent (18%) per annum), or the maximum rate permitted by law if less, from the due date until paid. The parties agree in writing to this rate pursuant to A.R.S. § 44-1201.
6.4 Application of payments; returned payments. Seller may apply payments to any of Buyer’s outstanding obligations in any order Seller chooses. Buyer is responsible for all bank, returned-payment, and chargeback fees. Buyer waives any right to initiate a payment-card chargeback in lieu of pursuing a claim under these Terms.
6.5 Suspension and acceleration. If Buyer fails to pay when due or breaches these Terms, Seller may, without liability and in addition to its other remedies, suspend or cancel performance, withhold or stop shipments, accelerate all amounts owed, and require alternative payment or security before continuing.
6.6 Costs of collection. Buyer agrees to pay all of Seller’s costs of collection, including reasonable attorneys’ fees, court and arbitration costs, and expenses, incurred in collecting past-due amounts or enforcing these Terms.
7. Security Interest
To secure payment of all amounts owed, Buyer grants Seller a purchase-money security interest in all Products sold to Buyer and the proceeds thereof until paid in full. Buyer authorizes Seller to file financing statements (including UCC-1 filings) and to take any action necessary to perfect this security interest, and agrees to execute documents reasonably requested by Seller. Upon default, Seller has all rights of a secured party under the Uniform Commercial Code, including the right to repossess unpaid Products.
8. Taxes
Prices are exclusive of all sales, use, excise, federal ammunition/excise (FAET), import, environmental, and other taxes, duties, tariffs, and governmental charges. Buyer is responsible for all such amounts (other than taxes on Seller’s net income) and will reimburse Seller for any it is required to collect or pay. Buyer will provide valid resale or exemption certificates on request; absent a valid certificate, Seller will charge applicable tax.
9. Shipping; Delivery; Title and Risk of Loss
9.1 FOB origin. Unless otherwise agreed in writing by Seller, all sales are FOB Seller’s facility (shipping point). Title (subject to Seller’s security interest) and risk of loss pass to Buyer upon delivery of the Products to the carrier at Seller’s facility. Buyer is responsible for freight, insurance, and all transportation charges.
9.2 Delivery dates; partial shipments. Delivery dates are estimates only and are not guaranteed. Seller is not liable for any loss or damage arising from delay in delivery. Seller may make partial shipments and invoice each separately; each shipment is a separate sale. Failure to deliver any installment is not a breach of the entire Order.
9.3 Carrier and storage. Seller selects the carrier and routing unless Buyer specifies otherwise in writing and pays any additional cost. If Buyer fails to take delivery or provide shipping instructions, Seller may store the Products at Buyer’s risk and expense and invoice as if shipped.
10. Inspection; Acceptance; Claims
10.1 Inspection window. Buyer must inspect all Products promptly upon receipt. Claims for shortage, damage in transit, or visible nonconformity must be made in writing within five (5) business days after receipt. Claims for latent nonconformity must be made in writing within thirty (30) days after receipt. Failure to give timely written notice constitutes irrevocable acceptance of the Products and a waiver of all claims with respect to them.
10.2 No use of nonconforming goods. Buyer must not use, sell, or alter Products claimed to be nonconforming and must hold them for Seller’s inspection. No Products may be returned without Seller’s prior written authorization (RMA). Seller’s liability for nonconforming Products is governed by Sections 13 and 14.
11. Order Changes and Cancellation
11.1 Changes. No change to an accepted Order is effective unless approved by Seller in writing. Seller may adjust price and delivery to reflect any approved change.
11.2 Orders in production are non-cancellable. Once an Order, or any portion of an Order, has entered production or is otherwise being filled, that Order (or portion) is firm and may not be cancelled, reduced, rescheduled, or suspended by Buyer except with Seller’s written consent and only if Buyer pays Seller all costs and expenses incurred by Seller in filling the Order through the effective date of cancellation, including without limitation costs of Components, raw materials, labor, machine and setup time, packaging, allocated overhead, freight, restocking, non-cancellable supplier commitments, and a reasonable allowance for Seller’s lost profit and administrative expense. Seller’s reasonable determination of such costs is binding absent manifest error. Custom, OEM, special-order, and Proof Ammunition Products are non-cancellable and non-returnable once production has begun. This Section survives cancellation.
11.3 Seller’s cancellation. Seller may cancel any Order or suspend performance without liability if Buyer breaches these Terms, becomes insolvent, fails a credit or compliance review, or if performance is affected by a Force Majeure Event.
12. Returns; No Returns of Loaded Ammunition
12.1 No return without authorization. Products may not be returned without Seller’s prior written return merchandise authorization (RMA). Unauthorized returns may be refused or returned at Buyer’s expense.
12.2 Loaded ammunition. For safety, quality-control, and regulatory reasons, loaded ammunition (including all Proof Ammunition) is not returnable for credit or refund once it has left Seller’s custody, except for a confirmed manufacturing defect addressed under the limited warranty in Section 13. Seller cannot verify the storage, handling, or condition of ammunition after it leaves its control and will not resell returned ammunition.
12.3 Restocking. Authorized returns of unopened, resalable, non-ammunition items may be subject to a restocking charge of up to twenty-five percent (25%) plus freight, at Seller’s discretion.
13. Limited Warranty; Disclaimer of Warranties
13.1 Limited warranty. Seller warrants only that, at the time risk of loss passes, the Products will conform to Seller’s published specifications (for Proof Ammunition, its published proof/overpressure specification) and will be free from defects in materials and workmanship attributable to Seller’s manufacture. This limited warranty applies only when the Products have been stored in accordance with Seller’s recommended storage conditions, kept in their original sealed packaging, used within their shelf life, and used in firearms in good working order and of the correct caliber/chambering. This limited warranty extends only to Buyer, is non-transferable, and does not extend to any end user or other third party.
13.2 Exclusive remedy. Buyer’s sole and exclusive remedy, and Seller’s entire liability, for any nonconforming or defective Product is, at Seller’s option, replacement of the Product or refund of the purchase price paid for that Product. This remedy does not fail of its essential purpose.
13.3 Exclusions. The limited warranty does not apply to Products that have been improperly stored, handled, transported, reloaded, remanufactured, modified, mishandled, exposed to moisture, heat, or contaminants, stored beyond shelf life or outside recommended conditions, used in defective, modified, dirty, obstructed, or improper firearms, or used contrary to safety warnings or applicable instructions.
13.4 Proof Ammunition. Additional warranty limitations applicable to Proof Ammunition are set out in Section 18. Damage to or destruction of any firearm, fixture, or equipment during Proof Testing is an intended and expected result and is not a defect in the Product.
13.5 DISCLAIMER. EXCEPT FOR THE EXPRESS LIMITED WARRANTY IN THIS SECTION 13, THE PRODUCTS ARE PROVIDED “AS IS,” AND SELLER MAKES NO OTHER WARRANTIES, EXPRESS OR IMPLIED, AND SELLER EXPRESSLY DISCLAIMS ALL OTHER WARRANTIES, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY, ANY IMPLIED WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTY ARISING FROM COURSE OF DEALING, COURSE OF PERFORMANCE, OR USAGE OF TRADE. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY SELLER OR ITS REPRESENTATIVES CREATES ANY WARRANTY.
14. Limitation of Liability
14.1 NO INDIRECT DAMAGES. TO THE FULLEST EXTENT PERMITTED BY LAW, THE SELLER PARTIES ARE NOT LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR LOST PROFITS, LOST SALES, BUSINESS INTERRUPTION, LOSS OF GOODWILL, OR COST OF COVER OR SUBSTITUTE GOODS, ARISING OUT OF OR RELATING TO THE PRODUCTS OR THESE TERMS, WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, WARRANTY, OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
14.2 LIABILITY CAP. TO THE FULLEST EXTENT PERMITTED BY LAW, THE SELLER PARTIES’ TOTAL CUMULATIVE LIABILITY ARISING OUT OF OR RELATING TO THE PRODUCTS OR THESE TERMS WILL NOT EXCEED THE AMOUNT ACTUALLY PAID BY BUYER TO SELLER FOR THE SPECIFIC PRODUCT(S) GIVING RISE TO THE CLAIM.
14.3 Allocation of risk. Buyer acknowledges that the prices reflect this allocation of risk and the limitations in Sections 13 and 14, and that these limitations are an essential basis of the bargain between the parties and would not be made by Seller absent such limitations. Buyer’s indemnification obligations, including under Section 18.13, are not subject to the cap in Section 14.2.
15. Indemnification
Buyer will defend, indemnify, and hold harmless the Seller Parties from and against any and all claims, suits, demands, losses, liabilities, damages, penalties, fines, costs, and expenses (including reasonable attorneys’ fees) arising out of or relating to: (a) Buyer’s resale, distribution, marketing, storage, handling, transport, or further manufacture of the Products; (b) the use or misuse of the Products by Buyer or any downstream customer, transferee, or end user; (c) Buyer’s breach of these Terms or of any representation, warranty, or covenant; (d) Buyer’s violation of any law or regulation, including firearms, ammunition, shipping, age-verification, and export laws; (e) Buyer’s negligence or willful misconduct; or (f) any unauthorized warranty, representation, or affirmation Buyer makes regarding the Products. Additional indemnification obligations applicable to Proof Ammunition are set out in Section 18.13. Seller’s indemnification obligations, if any, are limited to direct claims that Products as manufactured by Seller and unmodified infringe a U.S. patent, and are subject to the limitations in Section 14.
16. Compliance with Laws; Export; Resale
16.1 Buyer responsibility. Buyer is solely responsible for compliance with all federal, state, local, and foreign laws and regulations applicable to its purchase, possession, storage, transport, marketing, and resale of the Products, including the Gun Control Act, ATF regulations, and state and local ammunition, age-verification, registration, background-check, and shipping-restriction laws, and the laws of any jurisdiction to which Buyer ships or resells.
16.2 Shipping restrictions. Buyer will not resell or ship Products into any jurisdiction where the sale, possession, or shipment of such Products is prohibited or restricted, and assumes all responsibility for determining and complying with destination-jurisdiction requirements. Seller may decline to ship to any destination.
16.3 Export control. The Products are or may be subject to U.S. export controls, including the International Traffic in Arms Regulations (ITAR, 22 C.F.R. Parts 120–130) and the Export Administration Regulations (EAR, 15 C.F.R. Parts 730–774). Buyer will not export, re-export, divert, or transfer any Product, or any technical data relating to it, except in full compliance with all applicable export-control and sanctions laws, and will not sell or transfer any Product to any embargoed or sanctioned destination, any denied, debarred, or restricted party, or any prohibited person.
16.4 Export certifications; no diversion. On Seller’s request, Buyer will provide accurate end-user, end-use, and ultimate-destination information and will execute any end-user statements or certifications Seller reasonably requires to satisfy applicable export-control requirements. Buyer certifies that it will not divert any Product contrary to U.S. law and will obtain all licenses and authorizations required for any export or re-export.
16.5 No transfer to prohibited persons. Buyer will not sell or transfer Products to any person it knows or has reason to believe is prohibited from receiving or possessing ammunition.
16.6 Hazardous materials; Prop 65. Products are regulated hazardous materials for transport; Buyer is responsible for compliance with all DOT/IATA/IMDG and other hazardous-materials requirements for any further shipment. Products can expose users to lead and other chemicals known to cause harm; Buyer will pass through all applicable safety and Proposition 65 or similar warnings to its customers and personnel.
17. Inherently Dangerous Goods; Safety; Assumption of Risk
17.1 Nature of the Products. Buyer acknowledges that ammunition and its components are inherently dangerous goods that can cause serious injury, death, or property damage if mishandled, misused, defective, or used in an incompatible or defective firearm. Buyer assumes all risk associated with the handling, storage, transport, resale, and use of the Products after risk of loss passes.
17.2 Warnings and instructions. Buyer will not remove, alter, or obscure any warning, marking, or instruction, will pass through all applicable safety warnings to its customers, and will store and transport the Products in accordance with applicable law and good industry practice.
17.3 No reliance; no firearm guarantee. Seller does not warrant the safety, suitability, or compatibility of any particular firearm. Buyer is responsible for ensuring that Products are used only in firearms of the correct caliber/chambering that are in safe operating condition.
Part B — Additional Terms for Proof Ammunition (Manufacturer / Proof-House Buyers Only)
18. Additional Terms Applicable to Proof Ammunition Purchasers
18.1 Application and buyer representation. This Section 18 applies only to Buyers that purchase Proof Ammunition and is in addition to all other Terms. To the extent this Section conflicts with any other provision with respect to Proof Ammunition, this Section controls. Each representation, warranty, and covenant in this Section is a material condition of each sale of Proof Ammunition. Buyer represents and warrants that it is a bona fide manufacturer of firearms (or a proof-testing operation acting for such a manufacturer) and that it will use all Proof Ammunition solely for proof or pressure testing of firearms in accordance with applicable safety guidelines and standards.
18.2 Nature, intended function, and assumption of risk. Buyer acknowledges and agrees that Proof Ammunition is deliberately loaded to produce chamber pressures far above the standard maximum for the cartridge for the sole purpose of stress-testing firearms, and that it is designed to cause a defective, weak, or improperly assembled firearm to fail—including catastrophically—at the moment of firing. DAMAGE TO OR DESTRUCTION OF ANY FIREARM, FIXTURE, TOOLING, OR EQUIPMENT DURING PROOF TESTING IS AN EXPECTED AND INTENDED RESULT AND IS NOT A DEFECT IN THE PROOF AMMUNITION. BUYER EXPRESSLY AND KNOWINGLY ASSUMES ALL RISK OF INJURY, DEATH, AND PROPERTY DAMAGE ARISING FROM THE PURCHASE, POSSESSION, HANDLING, STORAGE, TRANSPORT, USE, FIRING, AND DISPOSAL OF PROOF AMMUNITION.
18.3 Restricted field of use. Buyer will use Proof Ammunition solely for proof or pressure testing of firearms in a controlled testing environment and for no other purpose. Buyer will not use Proof Ammunition for general shooting, hunting, self-defense, training, sporting, function-testing in normal service use, or any purpose other than Proof Testing, and will never place Proof Ammunition into service in a firearm intended for ordinary use.
18.4 No resale or transfer. Buyer warrants that it will not resell, distribute, sample, loan, donate, or otherwise transfer Proof Ammunition to any third party, and will not introduce Proof Ammunition into any channel of trade. Proof Ammunition is sold for Buyer’s own internal Proof Testing use only.
18.5 Segregation, labeling, storage, and security. Buyer warrants that it will at all times physically segregate Proof Ammunition from Standard Ammunition and all other ammunition; store it separately in secured, clearly labeled containers; log and track its receipt, use, and disposition by lot; and take reasonable measures to prevent commingling, misidentification, theft, loss, or diversion. Buyer will never introduce or allow Proof Ammunition to be mixed into standard, service, or saleable ammunition stock.
18.6 Safe use; remote firing. Buyer warrants that it will use and fire Proof Ammunition safely and in accordance with Seller’s Proof Ammunition Disclaimer, applicable SAAMI or CIP standards, and Buyer’s own written safety procedures, including, at a minimum: firing Proof Ammunition only from a fixture, proof mount, or test cradle, discharged remotely (lanyard or solenoid); keeping all personnel behind a barrier, ballistic shield, or bunker and out of line with the firearm and its ejection port; never hand-holding or shouldering a firearm during proof firing; verifying that each proof load matches the exact chamber and cartridge and that headspace and assembly are correct before firing; inspecting firearms after firing (visually and, as required, by gauge or non-destructive testing); using appropriate personal protective equipment; and safely handling misfires and hangfires.
18.7 Personnel awareness and training. Buyer warrants that it will ensure every individual who handles, stores, transports, or fires Proof Ammunition is made aware of the risks, is competent and trained in the proper use, handling, and storage of Proof Ammunition, and follows Buyer’s safety procedures, and that Buyer will maintain records of such training.
18.8 No disassembly, reloading, or reverse-engineering. Buyer will not disassemble, pull, reload, remanufacture, reverse-engineer, or chemically or physically analyze Proof Ammunition, and will not reuse, salvage, or repurpose its components. Proof Ammunition is provided solely as finished rounds for Proof Testing.
18.9 Acknowledgment as condition of sale. Before Buyer’s first purchase of Proof Ammunition (and thereafter on Seller’s request), Buyer will cause an authorized representative to execute Seller’s Proof Ammunition Disclaimer and Acknowledgment, which is incorporated into these Terms by reference, and will make its contents available to all affected personnel. Seller may withhold shipment of Proof Ammunition until it has received a signed Acknowledgment.
18.10 No certification by Seller; product-liability allocation. Seller does not proof-test, inspect, certify, or approve any firearm, and the sale of Proof Ammunition is not an endorsement, certification, guarantee, or warranty of any firearm that Buyer proof-tests. Any proof mark, certification, or representation that Buyer applies or makes is Buyer’s alone. Buyer will not state or imply that Seller proof-tested, certified, approved, or is responsible for any firearm or the results of Buyer’s Proof Testing.
18.11 Disposal; no return. Buyer will dispose of spent, unfired, defective, or excess Proof Ammunition safely and in compliance with applicable law. Proof Ammunition is non-returnable and non-refundable except for a confirmed manufacturing defect under Section 13, and will not be returned to Seller.
18.12 Warranty limited to overpressure specification. SELLER WARRANTS PROOF AMMUNITION ONLY TO CONFORM TO SELLER’S PUBLISHED PROOF/OVERPRESSURE SPECIFICATION. SELLER MAKES NO WARRANTY THAT PROOF AMMUNITION IS SAFE OR SUITABLE FOR FIRING IN ANY PARTICULAR FIREARM, THAT ANY FIREARM WILL SURVIVE PROOF TESTING, OR THAT PROOF AMMUNITION IS FIT FOR ANY ORDINARY USE, AND ALL WARRANTY DISCLAIMERS IN SECTION 13 (INCLUDING MERCHANTABILITY AND FITNESS) APPLY WITH EQUAL FORCE TO PROOF AMMUNITION.
18.13 Enhanced indemnification. In addition to Section 15, and to the fullest extent permitted by law, Buyer will defend, indemnify, and hold harmless the Seller Parties from and against any and all claims, suits, demands, losses, liabilities, damages, penalties, fines, costs, and expenses (including reasonable attorneys’ fees and expert costs) arising out of or relating to: (a) Buyer’s breach of any warranty, representation, or covenant in this Section 18; (b) any use, misuse, firing, handling, storage, transport, segregation, transfer, or disposal of Proof Ammunition; (c) injury to or death of any person, or damage to any property, firearm, or equipment, arising from Buyer’s Proof Testing or Proof Ammunition; (d) any firearm proof-tested by Buyer; and (e) any resale, transfer, commingling, or diversion of Proof Ammunition. This obligation applies regardless of the theory of liability, including any allegation of a Seller Party’s own negligence to the extent permitted by law, and is not subject to the limitation of liability in Section 14.2.
18.14 Proof vs. reference ammunition. Buyer acknowledges that Proof Ammunition is fundamentally different from Reference or control ammunition; Proof Ammunition is overpressure and must never be substituted for, or confused with, reference, control, service, or Standard Ammunition.
Part C — General Terms, continued (All Buyers)
19. Product Recalls
If Seller initiates a recall or safety notice, Buyer will cooperate fully, promptly cease distribution or use of affected Products, identify and notify affected customers and personnel as directed, and assist Seller in retrieving affected Products. Buyer will maintain records of lot numbers, quantities, disposition, and (for Proof Ammunition) users sufficient to support traceability and any recall.
20. Force Majeure
Seller is not liable for any delay or failure to perform due to causes beyond its reasonable control, including acts of God, fire, flood, severe weather, war, terrorism, civil unrest, labor disputes, pandemic or epidemic, government action, embargo, change in law, shortage or unavailability of Components, raw materials, energy, or transportation, supplier failure, or accident (each, a “Force Majeure Event”). During a Force Majeure Event, Seller may allocate Products among customers, suspend performance, and extend delivery times, and may cancel affected Orders without liability.
21. Intellectual Property
All trademarks, trade names, logos, packaging, and other intellectual property of Seller remain Seller’s exclusive property. Sale of Products grants Buyer no license except the limited right to resell genuine, unmodified Products in their original packaging using Seller’s marks solely to identify the Products. Buyer will not alter, repackage, relabel, or remanufacture the Products or use Seller’s marks except as authorized in writing.
22. Confidentiality
Seller’s Price Sheets, quotations, discounts, specifications, and non-public commercial information are confidential and proprietary to Seller. Buyer will not disclose them to any third party (other than to the extent necessary to resell the Products) or use them except to purchase from Seller, and will not publish Seller’s pricing.
23. Insurance
Buyer will maintain, at its expense, commercial general liability insurance (including products and completed-operations coverage) and other insurance appropriate to its business in commercially reasonable amounts, and will provide a certificate of insurance on request.
24. Assignment
Buyer may not assign or delegate any of its rights or obligations without Seller’s prior written consent, and any attempted assignment without consent is void. Seller may assign these Terms freely. These Terms bind and benefit the parties and their permitted successors and assigns.
25. Dispute Resolution; Arbitration; Jury and Class Waiver
25.1 Arbitration. Except as provided in Section 25.4, any dispute, claim, or controversy arising out of or relating to the Products or these Terms will be resolved by final and binding arbitration administered by the American Arbitration Association under its Commercial Arbitration Rules. The arbitration will be seated in Maricopa County, Arizona, conducted in English, before one arbitrator, and the arbitrator’s award may be entered as a judgment in any court of competent jurisdiction.
25.2 Jury trial waiver. TO THE FULLEST EXTENT PERMITTED BY LAW, EACH PARTY KNOWINGLY AND VOLUNTARILY WAIVES ANY RIGHT TO A TRIAL BY JURY IN ANY PROCEEDING ARISING OUT OF OR RELATING TO THE PRODUCTS OR THESE TERMS.
25.3 Class action waiver. ALL DISPUTES WILL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, COLLECTIVE, CONSOLIDATED, OR REPRESENTATIVE PROCEEDING. THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PARTY’S CLAIMS OR PRESIDE OVER ANY CLASS OR REPRESENTATIVE PROCEEDING.
25.4 Seller’s election; court remedies. Notwithstanding Section 25.1, Seller may, at its sole option, bring an action in the state or federal courts located in Maricopa County, Arizona (and Buyer consents to personal jurisdiction and venue there) for: (a) collection of amounts owed; (b) enforcement or perfection of Seller’s security interest; (c) protection of Seller’s intellectual property or confidential information; or (d) injunctive or other equitable relief. Seeking such relief is not a waiver of the right to arbitrate other disputes.
25.5 Confidentiality of arbitration. The parties will keep confidential the existence, content, and result of any arbitration, and all submissions and materials exchanged in it, except as necessary to enforce or challenge an award, to comply with law or legal process, or to inform insurers or professional advisors under a duty of confidentiality.
26. Governing Law
These Terms and all sales are governed by the laws of the State of Arizona, including the Arizona Uniform Commercial Code, without regard to its conflict-of-laws principles. The United Nations Convention on Contracts for the International Sale of Goods does not apply.
27. Limitation of Actions
To the fullest extent permitted by law, any action by Buyer arising out of or relating to the Products or these Terms must be commenced within one (1) year after the cause of action accrues, or it is permanently barred.
28. Notices
Notices to Seller must be in writing and sent to Gans Industries LLC d/b/a Atomic Ammunition, 1506 W. Whispering Wind Dr., Phoenix, AZ 85085, or to the email shown on Seller’s invoice or Price Sheet, and are effective on receipt. Seller may give notice to Buyer at any address or email Buyer has provided, including on an Order.
29. General Provisions
29.1 Severability. If any provision is held invalid or unenforceable, it will be modified to the minimum extent necessary to make it enforceable, or if it cannot be, severed, and the remaining provisions remain in full force.
29.2 Waiver. No failure or delay by Seller in exercising any right is a waiver, and no waiver is effective unless in writing signed by Seller. A waiver on one occasion is not a waiver on any other.
29.3 Survival. Provisions that by their nature should survive—including Sections 5.2, 5.4, 6, 7, 11.2, 13, 14, 15, 16, 17, 18, 21, 22, 25, 26, and 27—survive delivery, cancellation, and termination.
29.4 No third-party beneficiaries. These Terms are for the benefit of the parties (and, as to the indemnities and liability limitations, the Seller Parties) and create no rights in any other third party, including end users.
29.5 Relationship. The parties are independent contractors. Nothing creates a partnership, joint venture, agency, or franchise relationship.
29.6 Electronic acceptance; EDI. Buyer agrees that electronic records and acceptances—including Orders placed by email, through an online store or B2B portal, or through electronic data interchange (EDI) or a purchase-order or supplier platform such as SPS Commerce, and Orders confirmed by Seller’s order acknowledgment or invoice—have the same effect as a signed writing. These Terms apply to all such Orders as Seller’s confirming document and through the parties’ course of dealing, notwithstanding any terms embedded in Buyer’s EDI or platform transaction.
29.7 Headings. Headings are for convenience only and do not affect interpretation. The rule construing ambiguities against the drafter does not apply.
By placing an order or accepting a sales order, the customer accepts and agrees to be bound by all of the foregoing Terms and Conditions of Sale.
Gans Industries LLC d/b/a Atomic Ammunition · 1506 W. Whispering Wind Dr., Phoenix, AZ 85085 · © 2026 Gans Industries LLC. All rights reserved.
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