Ballistic Protection Panels Limited Warranty
Subject to the Qualifications and Limitations contained herein, by NFM Group (NFM) warrants that:
- Ballistic Protection Panels sold in connection herewith shall meet their defined Ballistic Performance Specifications for a period of sixty (60) months after the date of issue;
- Ballistic Protection Panels sold in connection herewith shall be free from defects in material and workmanship for a period of sixty (60) months after the date of issue;
Ballistic Protection Panel means:
- Soft ballistic panels which provide protection against specified hand-gun bullets and/or fragmentation
- Hard ballistic panels which provide protection against specified hand-gun and/or rifle bullets
- Special protection panels (soft, semi-rigid or rigid) panel which provide protection against specified stabs, blows, slashes and/or strokes.
Body Armor System means an integrated product consisting of a textile outer shell carrier(s) and a number of dedicated Ballistic Protection Panels.
Body armor systems should always be worn in accordance with the Use, Care and Maintenance instructions contained in the applicable “Body Armour User Guide” and “Care and Maintenance Manual for Ballistic Protection Panels” accompanying each body armor system sold by NFM.
This warranty does not apply if NFM determines that the body armor system or any of its components has been subjected to misuse, abuse, accident, neglect, alteration, breakage, interruption, damage, improper storage or handling, or unauthorized repair or service. FAILURE TO CLOSELY FOLLOW THE USE AND CARE INSTRUCTIONS CONTAINED IN THE USE AND CARE MANUAL ACCOMPANYING THE PRODUCT WILL AUTOMATICALLY VOID THIS WARRANTY IN ALL RESPECTS, INCLUDING BUT NOT LIMITED TO VOIDING ANY PROTECTIVE PERFORMANCE WARRANTY AND COULD LEAD TO SERIOUS INJURY OR DEATH.
Any body armor system that has been heavily worn (for example, moderate-to-heavy set wrinkles throughout the ballistic protection panels, open breaks in the outer shell carrier, the outer shell carrier is heavily stained and worn), regardless of its age, SHALL BE DEEMED TO BE ABUSED AND AUTOMATICALLY VOIDS THIS WARRANTY IN ALL RESPECTS, INCLUDING BUT NOT LIMITED TO VOIDING ANY PROTECTIVE PERFORMANCE WARRANTY.
Body armor system has been designed and manufactured so that the ballistic protection panels shall perform with the removable outer shell carrier as a system.
(1) INTERCHANGING OR REPLACING THE COMPANY'S PROTECTIVE PANELS WITH THOSE FROM ANOTHER MANUFACTURER,
(2) INTERCHANGING OR PLACING THE COMPANY'S PROTECTIVE PANELS INTO ANOTHER MANUFACTURER'S OUTER SHELL CARRIER,
(3) WEARING THE OUTER SHELL CARRIER WITHOUT INSERTING THE PROTECTIVE PANELS,
(4) INSERTING THE PROTECTIVE PANELS INTO THE OUTER SHELL CARRIER IN THE INCORRECT DIRECTION,
(5) USING THIS VEST IN ANY OTHER UNAUTHORIZED CONFIGURATION AUTOMATICALLY VOIDS THIS WARRANTY IN ALL RESPECTS, INCLUDING BUT NOT LIMITED TO VOIDING ANY PROTECTIVE PERFORMANCE WARRANTY.
Contact the NFM's Customer Service Department if you have any questions about authorized configurations.
This warranty is the sole and exclusive warranty by NFM relating to its body armor system(s). It shall not be enlarged by any representations, descriptions, course of dealing, trade usage, rendering of technical advice, service, samples, models, or otherwise. Furthermore, it shall not be altered or expanded by any acts, statements, or agreements of any dealer, employee, or agent of NFM (other than by a duly authorized officer of NFM). THE COMPANY MAKES NO OTHER WARRANTIES FOR A PARTICULAR PURPOSE OR MERCHANTABILITY.
IN NO EVENT SHALL NFM BE LIABLE FOR 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 NFM'S BODY ARMOR SYSTEM(S), REGARDLESS OF THE FORM OF THE ACTION, WHETHER IN TORT (INCLUDING NEGLIGENCE), CONTRACT, STRICT LIABILITY OR OTHERWISE, AND REGARDLESS OF WHETHER NFM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH CONSEQUENTIAL DAMAGES.
NOTWITHSTANDING ANY CONTRARY PROVISION, IN NO EVENT SHALL THE TOTAL LIABILITY OF NFM (TOGETHER WITH THE LIABILITY OF ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS) EXCEED THE PURCHASE PRICE ACTUALLY PAID FOR THE BODY ARMOR SYSTEM THAT GIVES RISE TO SUCH LIABILITY.
The foregoing disclaimers are subject to any applicable laws that regulate product warranties.
D. Protective Performance Specifications
NEW BODY ARMOR SYSTEMS: Each body armor system sold in connection herewith has been certified by NFM to meet the threat level designated on the ballistic protection panel label. This certification by NFM is only valid as of the time of sale, and is not applicable to any used body armor system.
USED BODY ARMOR SYSTEMS: Notwithstanding any contrary provision or representation, compliance with Protective Performance Specifications for any used body armor system shall be determined exclusively by NFM. Any protective (anti-ballistic and/or anti-stab) performance or other tests performed by a buyer, user, government agency, laboratory, or any other party not expressly authorized by NFM shall not be valid in any manner whatsoever for purposes of this warranty. These Protective Performance Specifications are limited to only those threats designated on the ballistic protection panel label, and do not include any special or other threats.
LIMITED IMPACT PROTECTION. NFM's protective vests are intended to reduce or prevent injuries from specific threats under predefined boundary conditions. Body armor system is not bulletproof and cannot protect against all threats. Impact forces can result in serious injury or death.
THIS BODY ARMOR SYSTEM CAN NOT PROTECT AGAINST ALL THREATS. The wearer of this system is expressly informed that wearing such a system does not release the wearer from undertaking appropriate self-protection measures when in a situation posing a threat.
BALLISTIC PROTECTION PANELS CANNOT PROTECT WHAT THEY DO NOT COVER. Ballistic protection panels offer protection to only those areas that they cover. Strenuous movements or physical altercations may cause protection panels to shift on the wearer's body thus affecting actual coverage. Substantial weight gain or loss, or changes in body shape or contour, can also cause previously protected areas to become exposed. BODY AMOR SYSTEMS THAT DO NOT FIT PROPERLY MAY NEGATIVELY IMPACT THE SYSTEM'S PROTECTIVE PERFORMANCE. THE SYSTEM MAY NEED TO BE ADJUSTED - OR REPLACED!
PROPER FIT IS ESSENTIAL TO THE USEFUL LIFE OF A BODY AMOR SYSTEM. Systems that fit improperly (for example - too long or too wide in the chest area) can develop set wrinkles inside the ballistic panel. PANELS THAT DO NOT FIT PROPERLY OR WHICH HAVE SET WRINKLES MAY NEGATIVELY IMPACT THE PANEL'S PROTECTIVE PERFORMANCE. THE SYSTEM MAY NEED TO BE ADJUSTED - OR REPLACED!
NFM'S REMOVABLE OUTER SHELL CARRIER DOES NOT PROVIDE ANY BALLISTIC OR STAB/STROKE PROTECTION. Wearing the outer shell carrier WITHOUT the protective panels provides NO protection!
PROTECTIVE PANELS ARE DESIGNED TO DEFEAT CERTAIN THREATS ONLY IF PROPERLY INSERTED INTO THE OUTER SHELL CARRIER FACING IN THE CORRECT DIRECTION. The materials in the ballistic protective panels are oriented to work in only one direction. The label permanently affixed to the panel indicates which side is the "BODY SIDE" - meaning the side that must face the body. Since protective panels generally are removable and it is possible to fit the panel into the carrier facing in the wrong direction, it is CRITICAL that the wearer ensure that the protective panels are inserted into the carrier in the proper direction. Failure to follow these instructions can result in serious injury or death.
PROTECTIVE PANELS MUST NOT BE USED IN ANOTHER MANUFACTURER'S REMOVABLE OUTER SHELL CARRIER OR IN ANY OTHER UNAUTHORIZED CONFIGURATION. Protective panels are designed to perform with the removable outer shell carrier as a system. INSERTING THE COMPANY'S PROTECTIVE PANELS IN ANOTHER MANUFACTURER'S CARRIER AND/OR IN ANY OTHER UNAUTHORIZED CONFIGURATION MAY NEGATIVELY IMPACT THE VEST'S PROTECTIVE COVERAGE AND/OR PERFORMANCE WHICH COULD LEAD TO SERIOUS INJURY OR DEATH.
Should the panel be struck by a threat close to an edge, the panel's ability to dissipate the energy may be negatively impacted. Such an event may result in the panel not being able to defeat the threat.
THE GREATER THE ANGLE AT WHICH A THREAT STRIKES THE PANEL (OPPOSITE OF A "HEAD ON" SHOT), THE GREATER THE POSSIBILITY THE THREAT MAY RICHOCHET OR SLIDE OFF THE SIDE OF THE PANEL. A ricochet may travel at a velocity which could result in severe injury or death.
A MULTIPLE THREATS STRIKING A PANEL IN A SMALL AREA MAY SUFFICENTLY WEAKEN THAT AREA OF THE PANEL AND RESULT IN A COMPLETE PENETRATION OF THE PANEL. Since a ballistic protection panel is dependent upon the many layers of material working together to provide sufficient resistance to a threat, multiple threats striking the panel in a small area may result in a penetration of the panel causing severe injury or death.
UNLESS THE BALLISTIC PROTECTION PANEL SPECIFICALLY STATES OTHERWISE, THIS PANEL IS NOT WARRANTED TO DEFEAT SPIKES, PICKS, KNIVES OR OTHER SHARP OBJECTS.
BALLISTIC PROTECTION PANELS THAT ARE BROKEN, INTERRUPTED OR DAMAGED MAY NEGATIVELY IMPACT THEIR PROTECTIVE PERFORMANCE. THE PANEL MAY NEED TO BE REPLACED.
THE PERFORMANCE OF BALLISTIC PROTECTION PANELS IS KNOWN TO CHANGE WITH TIME AND WEAR, ESPECIALLY WHEN EXPOSED TO EXTREME ENVIRONMENTAL CONDITIONS. Body armor should be stored: (1) in good and dry ambiance and not exposed to UV (2) not in contact with water or humidity, gasoline, oil and others chemical substances (3) removed from outer carrier (4) in original casing and unfolded. Exposure to such extreme environmental conditions and improper storage may negatively impact the vest's protective performance.