Note to Purchaser: Angel Armor reserves the right in its sole and absolute discretion to modify or replace all or any portion of these warranty terms with respect to subsequent transactions with purchaser.
1. Scope and Duration of Our Express Limited Warranty; Sole and Exclusive Remedy
a. Subject to all of the terms and conditions of this document, Angel Armor warrants to purchaser only that for twenty-four (24) months after the date of sale to the original purchaser, the Product shall be free from defects in material and workmanship. The sole and exclusive means for determining whether the foregoing expressly limited warranty has been met will be the performance of the examination and optional testing protocols described in Section 3.b. below. Where the date of sale cannot be clearly established and/or documented, Angel Armor’s warranty period shall be held to commence on the date of commencement of manufacture of the lot from which the relevant Product unit was made. The Product must be used and maintained in strict accordance with the instructions set out in this document and in our Product specifications, and compliance with all of the foregoing is a condition precedent to any warranty claim.
b. In the event that the purchaser returns a Product unit based on a claim that the Product has not complied with our express limited warranty in this document, Angel Armor will use reasonable commercial efforts to examine the returned unit (if made available by the purchaser); and to verify and determine the cause of the alleged breach of the warranty (e.g., by examining whether multiple units of Product that were manufactured from the same lot of material have been returned). Angel Armor may, at its discretion, conduct additional testing of the returned unit or other units of Product from the same lot (if either is available). Notwithstanding any contrary provision or representation, whether the Product unit in question contains a defect shall be determined exclusively by Angel Armor based on its internal examination and, if conducted, the testing described above.. If Angel Armor in its sole and absolute discretion determines that a product does not conform to the express limited warranty in Section 2.a., Angel Armor shall at its election replace, repair, or issue a pro-rated purchase price credit for such Product unit. Such repair, replacement or refund shall be Angel Armor’s sole obligation and purchaser’s sole remedy with respect to a breach of warranty claim. A Return Materials Authorization (“RMA”) number must be obtained from Angel Armor prior to returning any Product. RMA number requests and all other warranty-related correspondence should be directed to service@angelarmor.com.
All returns shall be made to Angel Armor’s manufacturing facility indicated in the RMA and must include: (1) proof of date of purchase; and (2) documentation (including, where available, images of the damage) specifying the claimed defect and all relevant supporting information.
2. Disclaimer of Any Other Express Warranties and Implied Warranties; Limitation of Liability
a. Warranty Disclaimer
The express limited warranty in Section 1a. above is the sole and exclusive warranty made by Angel Armor, to the original purchaser only, with respect to the Product. Other than through an express written agreement signed by an authorized Angel Armor officer and our original purchaser, our warranties may not be altered. Without limiting the generality of the foregoing, our warranties may not be and are not expanded or altered by any terms or conditions on a Purchase Order; by any representations, descriptions, course of dealing, trade usage, technical advice, service, samples, models, or marketing materials; or by any acts, statements, or agreements done or purported to be made by any third party (e.g., by any distributor, dealer, or agent of Angel Armor). ANGEL ARMOR MAKES NO OTHER WARRANTIES – EXPRESS, IMPLIED, OR STATUTORY – INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE OR MERCHANTABILITY, OR NON-INFRINGEMENT.
b. LIMITATIONS OF LIABILITY
IN NO EVENT SHALL ANGEL ARMOR (OR ANY OF OUR OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS) BE LIABLE FOR ANY OF: (I) THE COST OF REPLACEMENT PRODUCTS; (II) ANY PUNITIVE, EXEMPLARY, OR CONSEQUENTIAL DAMAGES, ANTICIPATED OR LOST PROFITS, INCIDENTAL DAMAGES, LOSS OF TIME, OR OTHER INDIRECT LOSSES OR EXPENSES THAT ARISE FROM ANY CAUSE RELATING TO OUR PRODUCT, REGARDLESS OF THE FORM OF THE ACTION, WHETHER IN TORT (INCLUDING NEGLIGENCE), CONTRACT, STRICT LIABILITY OR OTHERWISE, AND REGARDLESS OF WHETHER ANGEL ARMOR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES; OR (III) DIRECT DAMAGES EXCEEDING THE PURCHASE PRICE ACTUALLY PAID FOR THE PRODUCT UNIT(S) GIVING RISE TO SUCH PURPORTED LIABILITY.
c. Compliance with Law
Certain jurisdictions do not permit certain limitations on warranties or remedies. In the event the laws of any jurisdiction apply to a transaction covering our products, the foregoing limitations in Sections 2.a. and 2.b. may be amended insofar, and only insofar, as required by such laws.
3. Conditions Precedent to and Limits on Warranty Coverage
a. Repairs; Storage; Cleaning
Repairs
Any damage to the Product should be corrected by Angel Armor or by its authorized repair partners. Purchaser should not attempt to repair the Product or any portion of it.
Storage
Angel Armor recommends storing the Product at room temperature in a dry location and never in high temperature storage locations that may exceed 150 degrees Fahrenheit (e.g., in a vehicle trunk).
Cleaning
All items should be removed from the Product before the Product is cleaned. The preferred method of washing the Product is to hand wash, however, your Product may also be machine washed on the gentle cycle using cold water with a mild detergent. Close all hook and loop areas before washing. When cleaning has been completed, lay flat to air dry or tumble dry using the lowest temperature setting.
In addition to voiding the warranty, any of the foregoing actions or events could cause the Product unit to fail and could expose the user to increased risk of serious injury or death.
b. Modification and Misuse
Angel Armor has delivered the Product ready for use in accordance with its specifications and related documentation. Our express limited warranty above applies only to our Products as originally manufactured by or for Angel Armor, and only if used properly. Our warranty shall be void as to Product units that have been changed, modified, or altered in any way by any person or entity other than Angel Armor. Our warranty also shall be void as to any Product unit that has been subjected to misuse, abuse, accident, neglect, breakage, alteration, damage, improper storage or handling, theft, or any repair or service not performed by Angel Armor.
For the avoidance of doubt, “misuse” for this purpose includes but is not limited to any of the actions in 3.a. above, and any one or more of the following:
(i) cutting, piercing, or attempting to shape any portion of the Product unit;
(ii) applying glues, solvents, or other chemicals (e.g., petroleum or chlorine) to the Product unit;
(iii) exposing the Product unit to extremes of temperatures (exceeding 150 degrees Fahrenheit) or other extreme environmental conditions (whether in use or in storage);
(iv) storing or cleaning the Product in violation of the procedures described below; or
(v) taking any other action outside the normal course of use of the Product. Mar
Note to Purchaser: Angel Armor reserves the right in its sole and absolute discretion to modify or replace all or any portion of these policies with respect to subsequent transactions with purchaser.
MODIFYING OR CANCELLING YOUR ORDER
Additional pouches and other accessories may be added to existing orders prior to an order being shipped, however as these items have a thirty (30) day lead-time, your shipment date and shipping cost may be recalculated for any relevant line items. Pouches and other accessories may be removed from an order prior to shipment. Removal or cancellation of an order consisting of more than fifty (50) pouches or other accessories shall result in a restocking fee of fifty percent (50%) of the price of removed/cancelled products.
RETURNS
All warranty returns are governed by the Angel Armor Express Limited Warranty specific to each product. For more information regarding warranty returns, please see the ‘Product Warranties’ section above. For returns other than warranty returns, the following terms apply.
Angel Armor accepts returns of pouches and other accessories in new condition, with all attachments, within thirty (30) days of delivery. Pouches and other accessories received by Angel Armor in damaged condition, not in its original packaging, or outside of the time frame stated herein shall not be accepted, and no refund shall be issued. An RMA number must be obtained from Angel Armor prior to returning any product by emailing info@angelarmor.com with your order number, contact details, and reason for the return request. Upon approval of the return request, you will be provided with an RMA number, which must be written on the outside of the shipment container. All returns shall be made to Angel Armor’s manufacturing facility indicated in the RMA and must include proof of purchase. Costs associated with shipment of approved returns shall be at your expense, and you bear the risk of loss during shipment. Angel Armor recommends you fully insure your return shipment against loss or damage and that you use a carrier that can provide you with proof of delivery for your protection. Refunds shall be processed within approximately fifteen (15) business days of Angel Armor’s receipt of the product in the condition and in accordance with all terms set forth above.
ANGEL ARMOR, LLC
TERMS AND CONDITIONS OF SALE VERSION DATE: FEBRUARY 2022
1. General. All products and services offered for sale by Angel Armor, LLC (“Angel Armor”) are sold subject to acceptance of the terms and conditions stated herein (the “Agreement”), unless a Distribution Agreement, Reseller Agreement, Master Purchase Agreement or similar signed agreement exists between Angel Armor and buyer, in which case the terms of that agreement take precedence over any similar terms contained herein and are incorporated herein by reference. Any order placed by buyer shall be deemed an acceptance of an offer to sell by Angel Armor under these terms and conditions, and any proposal by buyer, whether contained on buyer’s purchase order or any document submitted by buyer, for additional or different terms, or any attempt by buyer to vary in any degree any of these terms and conditions is hereby objected to and rejected.
2. Prices, Taxes and Payment. Angel Armor reserves the right to change the prices and specification for its products at any time without notice. Product prices will be set out in a separate price list, which may be updated by Angel Armor from time to time, for the purpose of determining the price to be paid by buyer to Angel Armor in respect of an order. Any tax, duty, custom, or other fee of any nature imposed upon this transaction by any federal, state, or local government authority shall be paid by buyer in addition to the price quoted or invoiced. In the event Angel Armor is required to prepay any such tax, buyer will reimburse Angel Armor. Payment terms shall be net thirty (30) days from the date of delivery (with approved credit), without any right of set-off. In the event buyer’s credit is not approved by Angel Armor, buyer shall pay for each purchase of product by prepaid wire transfer or such other terms as Angel Armor shall provide from time to time. Invoices not paid in full when due will incur interest at a rate of two and one-half percent (2.5%) per month finance charge assessed against the unpaid balance from the date of invoice until the date of payment. Angel Armor may also refuse to sell to any person or company until overdue accounts are paid in full, and reserves the right to refer accounts overdue for ninety (90) days or more to a collections agency.
3. Purchase Orders. Buyer shall order product via electronic or written purchase order to Angel Armor. Each purchase order shall specify the purchase order number, order date, buyer name and address, shipping method, shipping name and address, customer item number, Angel Armor item number, description of item, buyer requested delivery date, quantity, unit price, total item price, and total purchase order price. All orders must be placed in batch quantities, as stipulated by Angel Armor. Any orders not placed in specific batch quantities will be charged a per unit fee to satisfy batch quantity in full. Angel Armor may reject any such order in whole or in part, all in its sole discretion.
4. Delivery and Shipment. Angel Armor will make every effort to ship the products or provide the services hereunder in accordance with the requested delivery date, provided that Angel Armor accepts no liability for any losses or for general, incidental, special or consequential damages arising out of delays in delivery. All requests for expedited delivery shall be subject to additional fees at Angel Armor’s discretion.
5. Risk and Title of Shipments. Risk of loss and title in any shipment of the products shall pass to buyer on an FOB (Incoterms 2010) basis (for shipments by vessel) or EXW (Incoterms 2010) Angel Armor’s facilities. All shipment costs shall be paid by Buyer, and if prepaid by Angel Armor, the amount thereof shall be reimbursed to Angel Armor.
6. Exports. Buyer represents that it will not export, either directly or indirectly, any product or service provided by Angel Armor to any country outside the United States of America, without prior written approval from Angel Armor, the applicable office of the U.S. State Department, or other applicable U.S. Government Agency.
7. Compliance with Laws. If so permitted by Angel Armor, Buyer shall be responsible for obtaining any necessary import licenses or permits necessary for entry of the product into the country of the shipping destination and for any and all customs duties, clearance charges, taxes, brokers’ fees and other amounts payable in connection with any importation of the product. Notwithstanding any other provision of this Agreement, Angel Armor shall not be required to honor any purchase order if such performance will or is likely to result in a breach of any law or obligation. Buyer shall comply with 1) all applicable laws, rules and regulations, including but not limited to the International Traffic in Arms Regulations (ITAR), 2) all terms and conditions of this Agreement, and 3) appropriate ethical standards.
8. Inspection. Buyer shall be responsible for inspecting all products shipped hereunder prior to acceptance, provided that if buyer shall not have given Angel Armor written notice of rejection within twenty (20) days following shipment to buyer, the products shall be deemed to have been accepted by buyer.
9. Warranty. The products shall be covered by the applicable Angel Armor express limited warranty issued from time to time by Angel Armor, as applicable to the relevant product. The express limited warranty is the sole and exclusive warranty made by Angel Armor with respect to the products. The express limited warranty does not cover defects or damage caused to product by buyer or any third party, or any product that has been purposefully modified in any way by buyer. NO OTHER EXPRESS OR IMPLIED WARRANTY IS MADE WITH RESPECT TO THE PRODUCTS, INCLUDING ANY WARRANTY OF MERCHANTABILITY, NON-INFRINGEMENT OR FITNESS FOR A PARTICULAR PURPOSE. FAILURE TO CLOSELY FOLLOW ALL WARNINGS AND INSTRUCTIONS WILL VOID ALL WARRANTIES, INCLUDING BUT NOT LIMITED TO ANY BALLISTIC PERFORMANCE WARRANTY AND COULD LEAD TO SERIOUS INJURY OR DEATH.
10. Returned Goods. Any request to return products will be governed by the applicable Angel Armor express limited warranty issued from time to time by Angel Armor. A Return Materials Authorization (“RMA”) number must be obtained from Angel Armor, under the terms and conditions laid out in the express limited warranty, prior to returning any product.
11. Cancellation Prior to Shipment. In the event buyer requests that an order for products or services which it has placed with Angel Armor be cancelled prior to shipment, and with which request Angel Armor agrees, buyer shall be liable to Angel Armor for all costs incurred by Angel Armor as a result of such cancellation, including but not limited to, cost of any finished goods or work in process and the raw materials thereof, cancellation costs to suppliers and unreimbursed advances on goods, if any, together with any specifically identifiable incidental and consequential expenses.
12. Resale. Buyer agrees its purchase of any products is for the purpose of sales to or use by authorized customers only, as determined by Angel Armor. Buyer shall not make any statements as to the quality or manufacture of the product or make any promises or guarantees with reference to the product other than those expressly set forth in any promotional material supplied by Angel Armor or as otherwise approved by Angel Armor. Buyer agrees any use of Angel Armor’s logos, trademarks or trade names must be expressly authorized in writing by Angel Armor prior to usage. If such authorization is given, buyer agrees to abide by all terms of Angel Armor’s brand guidelines.
13. Governing Law. This Agreement shall be governed by the laws of the State of Colorado, U.S.A., without giving effect to any conflict of law provision that would cause the application of the laws of any other jurisdiction. Both parties disclaim the application of the UN Convention on Contracts for the International Sale of Goods. Disputes relating to this Agreement will be resolved exclusively in the relevant courts in Denver, Colorado, and the parties to this Agreement hereby expressly consent to service of process in any such court.
14. Limitation of Liability. In no event shall Angel Armor (including its affiliates, related companies and subsidiaries) be liable for anticipated or lost profits or for special, punitive, indirect, incidental, or consequential damages. Angel Armor’s total liability for any claim of any kind whatsoever for loss or damage arising out of or in connection with or resulting from this Agreement or from the performance or breach thereof shall in no case exceed the price allocable to the products or services which give rise to claim.
15. Confidentiality. “Confidential Information” as used in these terms shall mean any and all confidential or proprietary knowledge, data or information, in any form whatsoever, whether provided by either party prior to the execution of this Agreement or subsequently. During the course of business transactions and at all times thereafter, each party and its representatives will hold and maintain the other party’s Confidential Information strictly confidential, and will protect the other party’s confidential information from unauthorized disclosure or dissemination to, and use by, any third party without the prior written consent of the owner.
16. Assignment. Buyer shall not assign its rights or its obligations under this Agreement without the written consent of Angel Armor.
17. Force Majeure. Angel Armor’s performance shall be excused in the event of strikes, accidents, fires, unavailability of material and all other causes beyond the control of Angel Armor.
18. Indemnification. Buyer agrees, at its own cost, to indemnify, defend and hold harmless Angel Armor, its affiliates, related companies and respective members, officers, directors, employees, and agents from and against all actions, proceedings, losses, damages, liabilities, claims, costs and expenses, including without limitation fines, penalties, legal and other professional fees and expenses, arising out of or resulting from acts or omissions or deemed acts or omissions of buyer, including without limitation the sale of product to buyer’s customers.
19. General Provisions. The failure of Angel Armor to enforce at any time any of the provisions of this Agreement, to exercise any election or option provided herein, or to require at any time performance by buyer of any of the provisions herewith shall in no way be constructed to be a waiver of any such provision. This Agreement contains the complete and exclusive statement of the agreement between the parties in connection with the subject products and/or services and supersedes any previous understandings, communications, commitments or agreements, oral or written. With respect to the terms, conditions or performance of this Agreement the parties are independent contractors; neither is an agent or employee of the other or has any authority to assume or create any obligation or liability of any kind on behalf of the other. Any provision of this Agreement that is invalid or unenforceable under applicable laws with respect to a particular party or circumstance will be served from this Agreement with respect to such party or circumstance without invalidating the remainder of this Agreement or the application of such provision to other persons or circumstances. The headings used in this Agreement have no legal effect.
ANGEL ARMOR, LLC
PRODUCT SAMPLE DISCLAIMER VERSION DATE: MARCH 2016
THIS PRODUCT IS INTENDED FOR SAMPLE USE ONLY and is not intended for use as ballistic protection. Do not sell, offer, donate or otherwise transfer this product sample. Angel Armor, LLC is not liable for any damage or injury caused by misuse of this product sample, up to and including death.
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