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. Applicable NIJ Standard. The Angel Armor, LLC (“Angel Armor”) product(s) listed above (the “Product”) has been tested at a laboratory accredited by the National Institute of Justice (“NIJ”) and independently verified to meet or exceed the minimum ballistic resistance performance specified under the following NIJ Standard (the “Standard”): Ballistic Resistant Protective Materials – NIJ STD-0108.01, against the threat level designated on the Product’s Care and Maintenance insert. Angel Armor’s statement that the Product meets or exceeds the Standard is valid only for new and unused product as of the time of sale, and is subject to all of the limitations and qualifications set out below. The Standard is applicable to all ballistic resistant materials intended to provide protection against gunfire, with the exception of body armor and ballistic helmets, which are the topic of separate NIJ performance standards.
2. Disclaimer of Any Other Express Warranties and Implied Warranties; Limitation of Liability
a. Warranty Disclaimer. Subject to all of the terms and condition of this document, Angel Armor warrants to purchaser only that the Product has been tested against the Standard described is Section 1 above. This is the sole and exclusive warranty made by Angel Armor with respect to the Product. Other than through an express written agreement signed by an authorized Angel Armor officer and our original purchaser, our warranty may not be altered. Without limiting the generality of the foregoing, our warranty 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, MERCHANTABILITY, OR NON-INFRINGEMENT.
b. LIMITATIONS OF LIABILITY. IN NO EVENT SHALL ANGEL ARMOR (OR ANY OF OUR MEMBERS, MANAGERS, 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. Product Usage Limitations and Warnings; Disclaimer
a. Modification and Misuse. Angel Armor has delivered the Product units ready for use in accordance with its specifications and related Care and Maintenance instructions. Angel Armor expressly disclaims any and all liability associated with any Products that have been changed, modified or altered in any way by any person or entity other than Angel Armor. Angel Armor also disclaims any and all liability associated with 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 one or more of the following: cutting, piercing or attempting to shape all or any portion (e.g., the outer layer) of the Product unit; applying glues, solvents or other chemicals to the Product unit; exposing the Product unit to extremes of temperature, humidity (including rain or excessive sweat) or other environmental conditions (whether in use or in storage); or taking any other action that would expose or damage the ballistic resistant technologies incorporated within the Product unit. The Product is specifically not designed to be washed or cleaned with any garment or other textile product and should be removed from any garment or other textile product before it is cleaned. In addition to voiding out any 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. Specific Product Usage Limitations and Product Warnings
FAILURE TO CLOSELY FOLLOW ALL WARNINGS AND INSTRUCTIONS COULD LEAD TO SERIOUS INJURY OR DEATH.
Without limiting the effect of Sections 3.a. above, or of the prior sentence, the following instructions and warnings are a non-exclusive list of instructions and warnings that are important to the proper use of the Products. Angel Armor expressly disclaims any and all liability resulting from failure to follow the instructions below or those included with the Product.
i. Any combat situation or other hostile environment is inherently hazardous. Use of this Product is not a substitute for safe behavior. The Product will not provide protection from all threats potentially faced. The Product is a last resort measure to reduce risk after all other actions and methods to preserve personal safety have failed. Without limiting the generality of the foregoing, the Product is not designed to protect against bursting munition threats such as IED’s, mines, hand grenades, mortar fire and/or rifle fire, sharp-edged or pointed objects. Also, should the Product be struck by a projectile within two (2) inches of the ballistic package edge, the Product’s ability to dissipate the projectile’s energy may be adversely impacted. In addition, the entire 1/16 of an inch of the border area around the entire form of the Product carries no protection at all for the user. Due to the wide variety of potential applications of the Product, Angel Armor makes no claim as to how a Product will perform in a given situation. Use of the Product is at your own risk.
ii. Read all information supplied with Product carefully. It provides important information specific to the Product including the Standard and the types of threats against which the Product has been tested, as described above.
iii. Purchase this Product only if it is appropriate to your threat risk. It is your obligation to determine in advance if the Product is designed and tested against these types of threats. Without limiting the generality of the foregoing sentence, the Products are designed to lessen the risk of injury or death from those threats indicated on the affixed Product messaging and as described in the Standard. User should read and fully understand that Standard’s various threat levels, and the limitations on the protection afforded by each. In compliance with the Standard, this Product is not intended for and should not be used as “body armor” or any other application directly on the body. Use of the Product directly on the body could result in serious injury or death.
iv. Even for those threats included within the Product’s specified NIJ threat level, the Product is only ballistic resistant, NOT “bullet proof.” Even where a Product has stopped a threat, some degree of injury to the user could occur, and death is still possible. Ballistics are highly unpredictable and projectiles of any sort can ricochet or deflect off of the Product, and/or shatter into fragments that can pass through the Product, in either case possibly resulting in injury or death.
v. The Product has been tested at and certified to meet the Standard only under those specific conditions listed on the Product label. Variations in projectile, caliber and velocity may affect Product performance. The greater the amount of impacts and the closer the proximity of each impact, the greater the possibility a projectile may penetrate the Product, resulting in serious injury or death.
vi. Purchaser or its agents must carefully inspect each Product unit before using it in conjunction with the appropriate bag, package or other container. Should the Product unit be broken, interrupted, cracked or damaged in any way, it should immediately be sent to Angel Armor or its authorized dealer for an inspection using the RMA process set out by Angel Armor. Do not use any Product unit if it is chipped, cracked, delaminated or separated or shows any other physical change or deterioration. Any of the foregoing may either cause the product to be ineffective or indicate that it has become ineffective, exposing the user to increased risk of serious injury or death.
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 plates and Concealable Armor Panels 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. Plates and Concealable Armor Panels may be removed from an order prior to shipment. Removal or cancellation of an order consisting of more than twenty (20) plates shall result in a restocking fee of twenty percent (20%) 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 plates and Concealable Armor Panels in sealed packaging within thirty (30) days of delivery, and such returns are subject to a twenty percent (20%) restocking fee. Returns of plates and Concealable Armor Panels that are no longer in sealed, original packaging, will be accepted within fourteen (14) days of delivery if the product is in new condition, as determined by Angel Armor in its sole and absolute discretion following an inspection of the returned product. Plates and panels received by Angel Armor in damaged condition, not in its original packaging, or outside of the time frames 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.
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.
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