Express Limited Warranties for Non-Military Ballistic Inserts; Disclaimer of Other Warranties and Limitation of Remedies; Ballistic Performance Specifications; Product Usage Warnings; and Product Care Instructions
Caliber Armor Express Limited Warranties (5-year)
Caliber Armor, LLC. (“Caliber”) warrants that its non-military NIJ-type ballistic inserts have been third-party tested at an NIJ-certified ballistics laboratory and independently verified to meet or exceed the minimum ballistic resistance performance requirements specified for that product and the NIJ threat level as designated on each ballistic insert’s affixed label. Caliber further warrants that such models comply with all other aspects of NIJ Standard-0101.06 for the applicable NIJ threat level. For those non-military ballistic insert models designed for pistol and non-NIJ rifle threats, Caliber warrants that such inserts have been third-party tested at an NIJ-certified ballistics laboratory and independently verified to meet or exceed the minimum ballistic resistance performance requirements as specified on the specific model. Technical Data Sheets are available on request.
For a period of sixty (60) months after the Date of Issue as indicated on the affixed product label, Caliber warrants that its ballistic inserts shall be free from defects in material and workmanship. Where the Date of Issue cannot be clearly established and/or documented, the warranty period shall be held to commence on the date of manufacture.
Caliber ballistic body armor inserts must be used and maintained in strict accordance with the “General Care and Maintenance” instructions and “Product Usage Warnings”. Compliance with such is a condition president to any claim pursuant to these Express Limited Warranties. BALLISTIC INSERTS SHALL IN NO EVENT BE WORN OR USED AFTER THE EXPIRATION OF THEIR SIXTY (60) MONTH USEFUL LIFE PERIOD. Other events and conditions may also shorten their useful life period, and result in serious injury or death. The foregoing Express Limited Warranties shall in all events be void as to any ballistic insert that has been subjected to misuse, abuse, accident, neglect, alteration, breakage, interruption, damage, improper storage or handling, or any repair or service not performed by or otherwise authorized in writing by Caliber.
Disclaimer of Any Other Express Warranties and Implied Warranties
The above Express Limited Warranties are the sole and exclusive warranties made by Caliber with respect to its ballistic inserts. They shall not be enlarged by any representations, descriptions, course of dealing, trade usage, technical advice, service, samples, models, or otherwise, nor shall they be altered or expanded by any acts statements, or agreements of any distributor, dealer, employee or agent of Caliber other than in writing by a duly authorized officer of Caliber. CALIBER MAKES NO THER WARRANTIES EXPRESS, IMPLIED, OR STATUTORY; INCLUDING WIHTOUT LIMITATION ANY IMPLIED WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE OR MERCHANTABILITY, AND/OR THE WARRANTY AGAINST INFRINGEMENT.
If Caliber in its sole and absolute discretion determines that a ballistic insert does not conform to the forgoing Express Limited Warranties, Caliber shall at its election replace, repair, or issue a pro-rated purchase price credit for such product. All returns shall be made to the Caliber Armor factory and must include: (1) proof of Date of Issue/Purchase, and (2) documentation specifying the claimed defect and al relevant supporting information. A Return Merchandise Authorization (“RMA”) must be obtained from Caliber prior to returning any product.
IN NO EVENT SHALL CALIBER BE LIABLE FOR ANY PUNITITIVE, EXEMPLARY, OR CONSEQUENTIAL DAMAGES, ANTICIPATED OR LIST PROFITS, INCIDENTIAL DAMAGES, LOSS OF TIME, OR OTHER INDIRECCT LOSSES OR EXPENSES THAT ARISE FROM ANY CAUSE RELATING TO ITS PRODUCT, REGARDLESS OF THE FORM OF THE ACTION, WHETHER IN TORT (INCLUDING NEGLIGENCE) CONTRACT, STRICT LIABILITY OR OOTHERWISE, AND REGARDLESS OF WHETHER THE COMPANY HAS BEEN ADVISED OF THE POSSIBLITY OF SUCH CONSEQUENTIAL DAMAGES. NOTWITHSTANDING ANY OTHER LANGUAGE CONTAINED IN THESE EXPRESS LIMITED WARRANTIES TO THE CONTRARY. IN NO EVENT SHALL THE TOTAL LIABILITY OF CALIBER (TOGETHER WITH THE LIABILITY OF ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS) EXCEED THE PURCHASE PRICE ACTUALLY PAID FOR THE PRODUCT GIVING RISE TO SUCH PURPORTED LIABILITY.
The laws of some states do not permit certain limitations on warranties or remedies. In the event such laws apply, the forgoing limitations are amended insofar, and only insofar, as required by such laws.
BALLISTIC PERFORMANCE SPECIFICATIONS
Caliber certification that each ballistic insert meets or exceeds its applicable minimum ballistic resistance performance requirements is valid only for new and unused product as the time of sale. It is not applicable to any used ballistic insert. In order to confirm and/or measure the ballistic performance of used product, Caliber may, at its discretion, conduct the following testing with respect to returned used ballistic insert(s):
- Caliber uses a destructive V50 testing procedure to evaluate used ballistic insert performance. For NIJ-type inserts, this V50 testing is conducted in accordance with NIJ Standard-0101.06 ballistic resistance testing velocities found in that Standard’s Table 4 for the NIJ threat level designated on the product label. A V50 result that is less than the highest NIJ-reference velocity for the specified NIJ threat level +20 fps may be considered by Caliber to be an unsatisfactory initial test result.
- In the unlikely event of an unsatisfactory initial test result, Caliber will conduct a review of all test data and perform the same test procedure on up to four (4) additional used ballistic inserts that (i) are of similar age and wear characteristics as the first used insert that was tested, and (ii) were manufactured from the same or equivalent lot of ballistic material as the first used insert that was tested. If any test results of the additional four samples are also unsatisfactory, then Caliber will replace, repair, or issue a pro-rated purchase price credit for returned ballistic insert (s) manufactured using the same or equivalent lot of ballistic material, and in accordance with the Express Limited Warranties and remedies as described above. Notwithstanding any contrary provision or representation, compliance with these Ballistic Performance Specifications for any used ballistic insert shall be determined exclusively by Caliber based on the written test report of its independent, NIJ-certified ballistics laboratory. Any ballistic performance or other tests performed by a buyer, user, government agency, laboratory, or any other party not expressly authorized by Caliber shall not be valid in any manner whatsoever for purposes of warranty claims. These Ballistic Performance Specifications are limited to only those threats specifically identified in NIJ Standard-0101.06 for the threat level designated on the ballistic insert label, and do not include any special or other threats unless such threats are also designated on the insert’s affixed label.
PRODUCT USAGE WARNINGS
Exposure to gunfire is inherently hazardous. The ballistic insert will not provide protection from all threats potentially faced. The insert is intended as a last resort measure to reduce risk after all other actions and methods to preserve personal safety have failed.
Do not remove or obscure the ballistic insert’s affixed product label. It provides the model number, serial number, warranty period, threat types and other important information specific to the insert including the issue date when it was first placed into service. The absence of the product label could cause increased risk of serious injury or death.
Choose only the appropriate model, type and size of ballistic insert. It is importantly to understand the type of threats faced, and to determine in advance if the insert is designed and tested against these types of threats and is the correct size for use.
The ballistic insert is designed to lessen the risk of injury or death from those threats indicated on the affixed product label and as described in NIJ Standard-0101.06 or other specification as describe don the product Technical Sheet. User should read and fully. Understand that Standard’s various threat levels and the limitations on the protection afforded by each.
Even for those threats included within the ballistic insert’s specified NIJ threat level, the insert is only ballistic resistant, NOT “bullet proof”. Although Caliber ballistic insert designs are tested to a combination of NIJ and Caliber ballistic resistance protocols; this does not assure the insert can defeat all types of threats in all types of conditions and environments.
The ballistic insert provides only limited protection. In the event an insert stops a threat, the wearer may still sustain some degree of injury such as severe bruising, broken bones, bleeding, internal injury, or even death. In addition, at some angles projectiles can ricochet or deflect off of the ballistic insert causing serious injury or even death to the wearer or bystanders.
The ballistic insert is designed for both frontal and oblique impacts, but the greater the angle at which a projectile impacts the insert’s strike face, the greater the angle at which a projectile impacts the insert’s strike face, the greater the possibility that the projectile may penetrate or slide off the insert resulting in serious injury or death.
The possibility that a projectile may penetrate the ballistic insert increase with multiple impacts and their closer proximity of the insert face. While not common occurrence, this may result in serious injury or death.
Should the ballistic insert be struck by a projectile close to the insert’s edge, the insert’s ability to dissipate the projectile’s energy may be adversely impacted.
The ballistic insert does not provide protection against bursting munition threats such as IED’s mines, hand grenades or mortar fire unless stated on the product Technical Sheet.
Unless otherwise stated on the label, the ballistic insert is not designed for stab resistance and therefore does not protect against impacts from sharp edged or pointed objects.
Always make certain the ballistic insert is positioned so that its “strike face” side is oriented toward the threat. Inserting the ballistic insert improperly will render it ineffective and expose the user to increased risk of serious injury or death.
The ballistic insert, along with any associated body armor vest, carrier or jacket must fit properly. Wear only the correct size and use only those vests carriers or jackets where the manufacturer has provided for ballistic insert usage. Inserting a ballistic insert into undersized or oversized carrier pockets may lead to misalignment of the insert exposing the user’s vital organs to the threat.
The ballistic insert provides no protection to areas of the body the insert does not cover. Strenuous movements or physical altercations may cause ballistic inserts to shift on the user’s body, thus affecting coverage.
Certain ballistic insert models are designed to be worn “Stand Alone” without soft body armor, while other models are designed to be worn “In Conjunction” with other body armor. Users must read and understand the ballistic insert’s product label and Caliber technical data sheet to determine whether the insert is designed in a Stand Alone or In Conjunction configuration. Failure to wear other body armor when the ballistic insert is designed to be worn In Conjunction may result in excessive trauma, and possibly serious injury or death.
Do not intentionally get shot with any bullet or other projectile while wearing the ballistic insert. INTENTIONAL CONTACT WITH A BULLET OR OTHER PROJECTILE ALWAYS CARRIES THE RISK OF SERIOUS INJURY OR DEATH.
Remove and carefully inspect the ballistic insert before each usage. Should the insert be broken interrupted, cracked or damaged in any way, the insert should immediately be sent to Caliber or its authorized dealer for an inspection. Inserts that are broken, interrupted, cracked or damaged may negatively impact the ballistic performance and may need repair or replacement.
Do not use your ballistic insert if it (1) has been struck by a bullet, projectile, or otherwise, hit or dropped, stabbed, or (2) is chipped, cracked, delaminated or separated, or (3) shows any other physical change. Any of the foregoing may either cause the ballistic insert to be in effective or indicate that it has become ineffective, exposing the user to increased risk of serious injury or death.
The ballistic performance of armor is known to change with time and wear, especially when exposed to extreme conditions and environments. The ballistic insert should not be stored in places where it is exposed to high temperatures and/or high humidity for long periods of time. Exposure to such extreme conditions and environments may adversely impact the insert’s ballistic performance.
If the ballistic insert is heavily worn, regardless of its age, it shall be deemed to be abused and no longer subject to any warranties.
Do not store the ballistic insert in a vehicle, including the trunk, or expose it to excess heat or cold. Improper storage or exposure to adverse conditions can reduce the protection properties and expose the user to increased risks.
Do not soak, submerge, wash, spray, or dry clean the ballistic insert. Doing any of the foregoing may cause the ballistic insert to be ineffective, exposing the user to increased risk of serious injury or death.
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 SERIIOUS INJURY OR DEATH.
Return Merchandise Authorization requests and all other warranty related correspondence should be directed to:
1421 Selinda Ave
Louisville, KY 40241