Disclaimer, Limitation of Liability and Product Usage

Version Date: October 2015

 

Product Item Number

AngArm-00040

 

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 sharp-edged or pointed objects. Also, should the Product be struck by a projectile close to the panel’s 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.