Express Limited Warranty for Safariland™
Standard-Size Body Armor Systems Certified
under NIJ-04 and NIJ-05
Subject to the Qualifications and Limitations contained herein, by Safariland®, LLC (the “Company”) warrants that:
(1) the body armor system(s) sold in connection herewith shall meet the Ballistic Performance Specifications set forth below for a period of sixty (60) months after the date of issue;
(2) the ballistic panel portion(s) of the body armor system(s) 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; and
(3) the outer shell carrier portion(s) of the body armor system(s) sold in connection herewith shall be free from defects in material and workmanship for a period of twelve (12) months after the date of issue.
Each body armor system sold by the Company is an integrated and custom-fit system consisting of an outer shell carrier and multiple ballistic panels. Body armor systems always should be worn in accordance with the Use and Care instructions contained in the applicable Use and Care Manual accompanying each body armor system sold by the Company.
This warranty does not apply if the Company’s examination determines that the body armor system 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 THIS PRODUCT WILL AUTOMATICALLY VOID THIS WARRANTY IN ALL RESPECTS, INCLUDING BUT NOT LIMITED TO VOIDING ANY BALLISTIC PERFORMANCE WARRANTY.
Any body armor system that has been heavily worn (for example, moderate-to-heavy set wrinkles throughout the ballistic 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 BALLISTIC PERFORMANCE WARRANTY.
This body armor system has been designed and manufactured so that the ballistic panels shall perform with the removable outer shell carrier as a system. (1) INTERCHANGING OR REPLACING THE COMPANY’S BALLISTIC PANELS WITH THOSE FROM ANOTHER MANUFACTURER, (2) INTERCHANGING OR PLACING THE COMPANY’S BALLISTIC PANELS INTO ANOTHER MANUFACTURER’S OUTER SHELL CARRIER, (3) WEARING THE OUTER SHELL CARRIER WITHOUT INSERTING THE BALLISTIC PANELS, (4) INSERTING THE BALLISTIC PANELS INTO THE OUTER SHELL CARRIER IN THE INCORRECT DIRECTION, AND/OR (5) USING THIS VEST IN ANY OTHER UNAUTHORIZED CONFIGURATION, AUTOMATICALLY VOIDS THIS WARRANTY IN ALL RESPECTS, INCLUDING BUT NOT LIMITED TO VOIDING ANY BALLISTIC PERFORMANCE WARRANTY. Contact the Company’s Customer Service Department if you have any questions about authorized configurations.
This warranty applies only to the original wearer for whom the body armor system was sized by an authorized dealer, and is not transferable under any circumstances. Wearers should never allow any other person to wear their body armor system.
This warranty is the sole and exclusive warranty by the Company 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 the Company (other than by a duly authorized officer of the Company). THE COMPANY MAKES NO OTHER WARRANTIES EXPRESS, IMPLIED, OR STATUTORY, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE OR MERCHANTABILITY.
IN NO EVENT SHALL THE COMPANY 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 THE COMPANY’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 THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH CONSEQUENTIAL DAMAGES.
NOTWITHSTANDING ANY CONTRARY PROVISION, IN NO EVENT SHALL THE TOTAL LIABILITY OF THE COMPANY (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.
C. Limited Remedies
The Company’s warranty liability is solely and exclusively limited to replacement, repair, or pro-rated purchase price credit (at the Company’s sole election) for any body armor system returned pursuant to this warranty during an applicable warranty period.
All returns shall be made to the Company’s factory (freight prepaid by the buyer) and must include (1) proof of issue/purchase, and (2) documentation specifying the claimed defect and/or any associated testing results. A Return Authorization Number (RA) must be obtained from the Company prior to returning the product. All warranty claims are subject to verification by the Company.
LIMITED IMPACT PROTECTION. The Company’s bullet resistant vests are intended to reduce or prevent injuries from specific threats. Body armor is not bulletproof and can not protect against all threats. Impact forces can result in serious injury or death.
THIS BULLET RESISTANT VEST CAN NOT PROTECT AGAINST ALL THREATS. The wearer of this bullet resistant vest is expressly informed that wearing such a vest does not release the wearer from undertaking appropriate self-protection measures when in a situation posing a threat.
BALLISTIC PANELS CAN NOT PROTECT WHAT THEY DO NOT COVER. Ballistic panels offer protection to only those areas that they cover. Ballistic panels do not protect the neck or any area it does not cover. Strenuous movements or physical altercations may cause ballistic 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. If the wearer has experienced a substantial weight gain or loss, HE/SHE SHOULD IMMEDIATELY TAKE THEIR VEST TO A CERTIFIED DEALER FOR AN INSPECTION. VESTS THAT DO NOT FIT PROPERLY MAY NEGATIVELY IMPACT THE VEST’S BALLISTIC PERFORMANCE. THE VEST MAY NEED TO BE ADJUSTED - OR REPLACED!
PROPER FIT IS ESSENTIAL TO THE USEFUL LIFE OF A VEST. Wearers should never allow any other person to wear their body armor. Vests that fit improperly (for example - too long or too wide in the chest area) can develop set wrinkles in the ballistic fabric. ANY VEST THAT DOES NOT FIT PROPERLY OR HAS SET WRINKLES SHOULD IMMEDIATELY BE TAKEN TO A CERTIFIED DEALER FOR AN INSPECTION. VESTS THAT DO NOT FIT PROPERLY OR WHICH HAVE SET WRINKLES MAY NEGATIVELY IMPACT THE VEST’S BALLISTIC PERFORMANCE. THE VEST MAY NEED TO BE ADJUSTED - OR REPLACED!
THE COMPANY’S REMOVABLE OUTER SHELL CARRIER DOES NOT PROVIDE ANY BALLISTIC PROTECTION. Wearing the outer shell carrier WITHOUT the ballistic panels, provides NO ballistic protection!
BALLISTIC PANELS ARE DESIGNED TO DEFEAT CERTAIN THREATS ONLY IF PROPERLY INSERTED INTO THE FABRIC OUTER SHELL FACING IN THE CORRECT DIRECTION. The materials in the ballistic 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 ballistic 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 ballistic panels are properly inserted into the carrier in the proper direction. Failure to follow these instructions can result in serious injury or death.
BALLISTIC PANELS MUST NOT BE USED IN ANOTHER MANUFACTURER’S REMOVABLE OUTER SHELL CARRIER OR IN ANY OTHER UNAUTHORIZED CONFIGURATION. Ballistic panels are designed to perform with the removable outer shell carrier as a system. INSERTING THE COMPANY’S BALLISTIC PANELS IN ANOTHER MANUFACTURER’S CARRIER AND/OR IN ANY OTHER UNAUTHORIZED CONFIGURATION MAY NEGATIVELY IMPACT THE VEST’S BALLISTIC COVERAGE AND/OR PERFORMANCE WHICH COULD LEAD TO SERIOUS INJURY OR DEATH.
A BULLET RESISTANT VEST WORKS BY DISSIPATING ENERGY ACROSS THE FIBERS OF THE VEST. Should the vest be struck by a threat close to an edge, the vest’s ability to dissipate the energy may be negatively impacted. Such an event may result in the vest not being able to defeat the threat.
THE GREATER THE ANGLE AT WHICH A ROUND STRIKES THE VEST (OPPOSITE OF A “HEAD ON” SHOT), THE GREATER THE POSSIBILITY THE ROUND MAY RICOCHET OR SLIDE OFF THE SIDE OF THE VEST. A ricochet may travel at a high rate of speed which could result in severe injury or death.
A MULTIPLE ROUND BURST STRIKING A VEST IN A TIGHT SHOT PATTERN MAY SUFFICIENTLY WEAKEN THAT AREA OF THE VEST AND RESULT IN A COMPLETE PENETRATION OF THE VEST. Since a bullet resistant vest is dependant upon the many layers of material working together to provide sufficient resistance to a threat, multiple rounds striking the vest in a tight shot pattern may result in a penetration of the vest causing severe injury or death.
UNLESS THE BULLET RESISTANT VEST MODEL SPECIFICALLY STATES OTHERWISE, THIS PRODUCT IS NOT WARRANTED TO DEFEAT CONTACT SHOTS, FRAGMENTATION, SPIKES, PICKS, KNIVES OR OTHER SHARP OBJECTS.
THE COMPANY’S BULLET RESISTANT VESTS ARE TESTED AGAINST SPECIFIC THREATS BASED ON NIJ COMPLIANCE TESTING CRITERIA. Unless otherwise stated, this product has not been tested against non-NIJ compliant threats and is not warranted to defeat non-NIJ specified rounds.
Should the ballistic panel package be broken, interrupted, or damaged in any way, THE VEST SHOULD IMMEDIATELY BE TAKEN TO A CERTIFIED DEALER FOR AN INSPECTION. Ballistic panels that are broken, interrupted or damaged may NEGATIVELY IMPACT THE VEST’S BALLISTIC PERFORMANCE. THE VEST MAY NEED TO BE REPLACED!
THE RESISTANCE AND PERFORMANCE OF BALLISTIC PANELS ARE KNOWN TO CHANGE WITH TIME AND WEAR, ESPECIALLY WHEN EXPOSED TO EXTREME ENVIRONMENTAL CONDITIONS. Body armor should not be stored in places where it is exposed to high temperatures and/or in combination with high humidity for long periods of time. Exposure to such extreme environmental conditions may negatively impact the vest’s ballistic performance.
FAILURE TO CLOSELY FOLLOW THE INSTRUCTIONS AND THE WARNINGS CONTAINED IN THIS WARRANTY AND IN THE USE AND CARE MANUAL ACCOMPANYING THIS PRODUCT AUTOMATICALLY VOIDS THIS WARRANTY IN ALL RESPECTS, INCLUDING BUT NOT LIMITED TO VOIDING ANY BALLISTIC WARRANTY, AND COULD LEAD TO SERIOUS INJURY OR DEATH.
Safariland’s VestCheck™ Perforation Testing Program for
NIJ STD-0101.04 and 2005 Interim Requirements Used Body Armor Vests
NEW BODY ARMOR SYSTEMS: Each body armor system sold in connection herewith has been certified by the Company to meet the National Institute of Justice’s (“NIJ”) NIJ Interim Requirements for Bullet-Resistant Body Armor (“NIJ 05 Interim Standards“) at the time of sale for the NIJ threat level designated on the body armor system label. This certification by the Company is only valid as of the time of sale, and is not applicable to any used body armor system.
USED BODY ARMOR SYSTEMS: In order to test and/or measure the ballistic performance of used body armor systems, the Company voluntarily implemented its VestCheck™ testing program. In conjunction with VestCheck™, the Company will regularly conduct the following test protocols with respect to used body armor system(s) sold in connection herewith:
(1) First, the Company uses a destructive V50 testing procedure to evaluate used body armor system performance. This V50 testing is conducted in accordance with NIJ 0101.04 Standard §§ 5.17 - 5.22 (as supplemented by the NIJ 05 Interim Standards and Addendum B) for the NIJ threat level designated on the body armor system label. Unless both panels are required, the front ballistic panel is used to obtain the required number of fair hits. A V50 result that is below the highest NIJ reference velocity for the specified NIJ threat level + 30 fps is considered by the Company to be an unsatisfactory initial test result.
(2) Second, the rear panel (if available) from the used body armor system is tested for “street level“ resistance to ballistic penetration using a factory-load 9mm FMJ round fired out of a standard handgun barrel of 6 inches or less (or an officer duty round, if prescribed in the original purchase specification for bulk purchases). Four rounds of test ammunition are fired into the panel with rounds impacting no closer than 1.25-inch from any other shot and no closer than 3-inches from any panel edge. For this second test, the back surface of the panel is held in direct contact (using 2.0 in wide elastic straps and Velcro attachments) against plastically deforming witness media (Roma Plastilina No. 1 clay) prepared as described in NIJ 0101.04 Standard § 5.7. Any penetration through the panel, either by the bullet or by any fragment of the bullet or panel, is considered by the Company to be an unsatisfactory initial test result.
(3) In the unlikely event of an unsatisfactory initial test result under paragraphs (1) or (2) above, the Company will conduct a detailed review of all test data and perform the same series of tests on four (4) additional used body armor systems that (i) are of similar age and wear characteristics as the first used body armor system that was tested, and (ii) were manufactured from the same lot of ballistic material as the first used body armor system that was tested. If any test results of these additional four (4) samples also are unsatisfactory, then the Company will take appropriate remedial action with respect to those body armor systems manufactured using the same lot of ballistic material in accordance with the Limited Remedies section below.
(4) In the unlikely event of the need for remedial action under paragraph (3) above, the Company will conduct a detailed review of all test data and expand (as appropriate) its testing activities to other lots of ballistic material used in the same body armor system model. Such expanded testing will be based on the same methodology as set forth in paragraphs (1)-(3) above for each lot tested.
Notwithstanding any contrary provision or representation, compliance with these Ballistic Performance Specifications for any used body armor system shall be determined exclusively by the Company. Any ballistic performance or other tests performed by a buyer, user, government agency, laboratory, or any other party not expressly authorized by the Company shall not be valid in any manner whatsoever for purposes of this warranty.
These Ballistic Performance Specifications are limited to only those threats specifically identified in the NIJ 05 Interim Standards for the NIJ threat level designated on the body armor system label, and do not include any special or other threats.