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HOW IT WORKS Whether your agency is replacing existing armor or purchasing for a new requirement, HighCom Armor has established an enhanced Test and Evaluation (T&E) program to assist your agency in making an informed and educated decision. We understand that with the many choices available in the marketplace the…
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Product Terms & Conditions (THE AGREEMENT)
WITH THE PURCHASE OF ANY BODY ARMOR OR BALLISTIC PROTECTIVE PRODUCT (the “Products”), BUYER’S ACKNOWLEDGES THAT IT IS UNDERSTOOD THAT THE PRODUCTS ARE NOT “BULLETPROOF”, NOR “BULLET-RESISTANT” EVEN IF PROPERLY MAINTAINED. ANY CLAIM OF COMPLIANCE WITH ANY STANDARD OR SPECIFICATION (INCLUDING NIJ STANDARDS) DOES NOT MEAN AND HIGHCOM ARMOR DIRECT LLC (“HIGHCOM ARMOR DIRECT”) AND ITS AFFILIATES DOES NOT SO WARRANT THAT THE PRODUCT WILL PREVENT BULLET PENETRATION,OR PROTECT AGAINST BALLISTIC THREATS, RIFLE FIRE, OR OTHER SHARP EDGED OR POINTED OBJECTS OR THAT THE IMPACT WILL NOT CAUSE INJURIES EVEN IF THE BULLET OR OTHER BALLISTIC THREAT IS STOPPED. IN ADDITION, THERE MAY BE ADDITIONAL “BEHIND ARMOR BLUNT TRAUMA (BABT) OR BEHIND HELMET BLUNT TRAUMA (BHBT) CAUSING A RISK FOR INJURY OR POTENTIALLY DEATH NOTWITHSTANDING USE OF ANY PRODUCTS. THESE INJURIES CAN RANGE FROM SEVERE BRUISES, BROKEN BONES, AND POSSIBLY INTERNAL INJURIES AND DEATH OR DISABILITY. IF STRUCK BY A BULLET EVEN WHILE USING BALLISTIC PROTECTIVE PRODUCTS, BUYER SHOULD SEEK IMMEDIATE MEDICAL ATTENTION TO ENSURE THERE ARE NO FURTHER INJURIES RESULTING FROM AN IMPACT. FAILURE TO FOLLOW STORAGE, USE, FITMENT, AND USE INSTRUCTIONS MAY IMPACT ON THE EFFICACY AND INTENDED PROTECTION OF OUR PRODUCTS AND THAT BUYER ASSUMES ALL RISK OF USE OF THE PRODUCTS. THE PARTIES AGREE THAT THE PURCHASE OF THE PRODUCTS IS SOLELY FROM HIGHCOM ARMOR DIRECT AND NO OTHER AFFILIATE THEREOF.
ALL SALES ARE FINAL.
Contact for HighCom Support: 614-500-3065
3. The Products are provided Ex Works HighCom Armor Direct Warehouse (Incoterms 2020). The Buyer shall reimburse the HighCom Armor Direct for all sales, use, value added and similar taxes (but excluding for avoidance of doubt HighCom Armor Direct income taxes) excises or other charges which the HighCom Armor Direct may be required to pay to any government or governmental authority (national, state. provincial or local) upon the sale, production or transportation of the products, services, or information sold hereunder. In the event Buyer fails to fulfill HighCom Armor Direct’s terms of payment, or in case HighCom Armor Direct shall have any doubt any time as to Buyer’s financial responsibility, HighCom Armor Direct may decline to make further deliveries except upon receipt of cash or satisfactory security. HighCom Armor Direct intends to ship all Products within an estimated 3-5 business days and larger orders, out of stock items, and custom-built products may take 30-90+ days depending on the specifics of order.
4. No Cancellations. Orders are not cancellable and sales by the Buyer are not returnable. HighCom reserves the right to cancel any sale or order at its sole discretion including as a result of limitations of inventory, materials, supplies, shipping issues and determinations by HighCom Armor Direct that Buyer is not eligible to purchase applicable Products.
5. Indemnification – Buyer (on own behalf and on behalf of successors or heirs) will indemnify, defend, and hold HighCom Armor Direct and its officers, directors, shareholders, members, employees, and affiliates harmless from and against any and all losses, costs, damages, liabilities, or expenses (including reasonable attorneys’ fees) arising or resulting from any claims of Buyer complied in all respects with all Laws; and use of the Products after misuse, or other non-compliance with Product care guides.
https://highcomarmor.box.com/s/uan8jwcf9zblgb2w66uylnt0fr6q982q
6. Limitation of Damages. IN NO EVENT WILL HIGHCOM ARMOR DIRECT’S AND ITS AFFILIATES AGGREGATE LIABILITY TO BUYER (AND ITS SUCCESSORS AND HEIRS) FOR ANY AND ALL DAMAGES ARISING FROM ANY AND ALL CLAIMS RELATED TO THE BREACH OF THIS AGREEMENT, USE, DEFECT IN, NONDELIVERY, OR THE PROVISION OF ANY PRODUCT, SERVICE, OR INFORMATION COVERED BY THIS AGREEMENT, REGARDLESS OF WHETHER THE FORM OF ACTION IS BASED ON CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, STATUTE, OR OTHERWISE, EXCEED THE TOTAL PRICE PAID BY BUYER TO HIGHCOM ARMOR DIRECT FOR THE PRODUCTS, SERVICES, OR INFORMATION IN RESPECT OF WHICH DAMAGES ARE CLAIMED. NO CLAIM SHALL BE ALLOWED FOR PRODUCT THAT HAS BEEN MODIFIED OR MISUSED IN ANY MANNER. FAILURE TO GIVE NOTICE OF A CLAIM WITHIN NINETY (90) DAYS FROM DATE OF DELIVERY, OR THE DATE FIXED FOR DELIVERY (IN CASE OF NONDELIVERY) SHALL CONSTITUTE A WAIVER BY BUYER OF ALL CLAIMS IN RESPECT OF SUCH PRODUCTS.
7. Consequential Damage Disclaimer. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, EACH PARTY HERETO WAIVES ANY CLAIM FOR INDIRECT, CONSEQUENTIAL, PUNITIVE, EXEMPLARY OR MULTIPLIED DAMAGES ARISING OUT OF OR RELATING TO THIS AGREEMENT OR THE PROVISION OF ANY PRODUCT, SERVICE, OR INFORMATION. TO THE EXTENT PERMITTED BY APPLICABLE LAW, THE PARTIES WAIVE AND AGREE NOT TO ASSERT NON-CONTRACTUAL CLAIMS ARISING UNDER STATE LAW RELATING TO THIS AGREEMENT OR THE PROVISION OF ANY PRODUCT, SERVICE, OR INFORMATION COVERED BY THIS AGREEMENT, AND THIS AGREEMENT SHALL BE DEEMED TO INCLUDE SUCH LANGUAGE AS MAY BE REQUIRED TO AFFECT SUCH WAIVER. WAIVER BY EITHER PARTY OF ANY DEFAULT BY THE OTHER HEREUNDER SHALL NOT BE DEEMED A WAIVER BY SUCH PARTY OF ANY DEFAULT BY THE OTHER WHICH MAY THEREAFTER OCCUR.
8. No liability shall result from delay in performance or nonperformance, directly or indirectly caused by circumstances beyond the control of the party affected, including, but not limited to, act of God, fire, explosion, flood, war, act of or authorized by any Government, accident, labor trouble or shortage, pandemic, inability to obtain material, equipment or transportation, failure to obtain or hardship in obtaining reasonably priced supplies of materials, or failure of usual transportation mode. Quantities so affected may be eliminated from the agreement without liability, but the agreement shall remain otherwise unaffected. HighCom Armor Direct shall have no obligation to purchase supplies of the product specified herein to enable it to perform this Agreement.
9. Restrictions on Product Testing and Evaluation (“T&E”) Requests. Buyer is strictly prohibited from sharing, distributing, or providing HighCom Armor Direct products for T&E purposes without obtaining prior written authorization from HighCom Armor Direct which consent may be withheld at the sole discretion of HighCom Armor Direct. T&E includes, but is not limited to, any product demonstrations, field testing, or evaluations conducted by third parties, organizations, or individuals. Unauthorized sharing of HighCom Armor Direct products for T&E purposes is a material breach of this Agreement. Testing conducted by individuals, departments, or other entities are not official and detract from the overall quality and compliance by the whole of the armor manufacturer community. Unofficial tests, whether positive or negative, reports, videos, and/or “posts” should not be regarded as a measure of value or validity. The misleading nature of these entities should be regarded as libelous and, in some cases, illegal. These actions may be pursued by law enforcement or susceptible to legal action.
10. Special Conditions.
11. EXPORT ADMINISTRATION REGULATION (EAR) AND INTERNATIONAL TRAFFIC IN ARMS
REGULATIONS (ITAR)
ITAR DDTC
EAR BIS
12. If for any reason (including but not limited to force majeure HighCom Armor Direct is unable to supply the total demand for products specified herein, HighCom Armor Direct may distribute its available supply among any or all purchasers, as well as departments and divisions of HighCom Armor Direct, or may distribute its available supply among one or a number of purchasers at its discretion or on such basis as it may deem fair and practical, without liability for any failure of performance which may result therefrom.
13. HighCom Armor Direct may furnish such technical assistance and information as it has available with respect to the use of the Products covered by this Agreement. Unless otherwise agreed in writing, all such information will be provided “AS IS” for information only without any warranty and does not modify the terms of this Agreement Buyer agrees to evaluate such information, to make an independent decision regarding the suitability of such information, products and services for Buyer’s application, and only use such products, services and information pursuant to the current good product stewardship principles and all regulatory requirements applicable to Buyer’s business.
14. Buyer acknowledges that it has received and is familiar with HighCom Armor Direct’s labeling and literature concerning the Products and its properties. Buyer agrees that Products sold hereunder will not knowingly be resold or given in sample form to persons using or proposing to use the products for purposes contrary to recommendations given by HighCom Armor Direct or prohibited by law but will be sold or given as samples only to persons who can handle, use and dispose of the products safely.
15. Term and Termination. HighCom Armor Direct may terminate this Agreement by providing written Notice to Buyer, (a) for any reason or no reason, which termination shall become effective no less than 30 days after delivery of the written Notice or (b) if Buyer breaches any provision of this Agreement, and either the breach cannot be cured or, if the breach can be cured, it is not cured by Buyer within 15 days after Sales Partner’s receipt of written Notice of such breach. All Sections of this Agreement except for Section survive termination of this Agreement.
16. Except as may be contained in a separate trademark license, the sale of Product (even if accompanied by documents using a trademark or trade name of HighCom Armor Direct) does not convey a license, express or implied, to use any trademark or trade name of HighCom Armor Direct, and Buyer shall not use any trademark or trade name of HighCom Armor Direct in the conduct of its business without HighCom Armor Direct’s prior written consent.
17. This Terms and Conditions is not assignable or transferable by Buyer, in whole or in part, except with the prior written consent of HighCom Armor Direct. HighCom Armor Direct reserves the right to sell, assign, or otherwise transfer its right to receive payment under this agreement.
18. Dispute Resolution and Arbitration – Buyer and HighCom Armor Direct agree to arbitrate all disputes, claims or controversies whether based on contract, tort, statute, or any other legal or equitable theory, arising out of or relating to (a) this Agreement or the relationship which results from this Agreement, (b) the breach, termination or validity of this Agreement, (c) the purchase or supply of any product, service, or information provided by HighCom Armor Direct, (d) events leading up to the formation of Buyer’s and HighCom Armor Direct’s relationship, and (e) any issue related to the creation of this Agreement or its scope, including the scope and validity of this paragraph. The parties shall before and as a condition to proceeding to arbitration attempt in good faith to resolve any such claim or controversy by mediation under the International Institute for Conflict Prevention & Resolution (“CPR”) Mediation Procedure then currently in effect. Unless the parties agree otherwise, the mediator will be selected from the CPR Panels of Distinguished Neutrals. Any such claim or controversy which remains unresolved 60 days after the appointment of a mediator or 60 days after good faith efforts by either party to proceed to mediation shall be finally resolved by binding arbitration in accordance with the CPR Rules for Non-Administered Arbitration then currently in effect by three independent and impartial arbitrators, none of whom shall be appointed by either party. This Agreement shall be governed by the Federal Arbitration Act, 9 U.S.C. §§ 1-16, to the exclusion of any state laws inconsistent therewith. Such arbitration shall be conducted in a city to be chosen by the arbitrators which is not the principal place of business of both parties, and the arbitrators and the parties shall conduct such arbitration in accordance with such procedures as may be necessary to permit use of the then current CPR Arbitration Appeal Procedure. Any judgment upon the award rendered by the arbitrator(s) may be entered by any court having jurisdiction thereof. In the event that either party wishes to appeal an award, the parties shall follow the then current CPR Arbitration Appeal Procedure. Buyer and HighCom Armor Direct agree not to file or join any class action or class arbitration, seek or consent to class relief, or seek or consent to the consolidation or joinder of its claims with those of any third party. If any clause within this Arbitration Provision (other than the agreement regarding the conduct of the arbitration in the preceding sentence) is found to be illegal or unenforceable, that clause will be severed from this Arbitration Provision, and the remainder of the Arbitration Provision will be given full force and effect. If such agreement regarding the conduct of the arbitration is found to be illegal or unenforceable and if the arbitrators permit a class arbitration or consolidated or joined matter to proceed, this entire Arbitration Provision will be unenforceable, and the dispute may be decided by a court. The obligations set forth in this paragraph shall survive the termination or expiration of this Agreement.
19. In addition to this Agreement, any Special Conditions of Sale set forth on the invoice issued by HighCom Armor Direct or in the current price list for the products or services sold hereunder shall apply and are incorporated by reference. HighCom Armor Direct reserves the right to reject any Order at its discretion. No Buyer purchase order terms shall be valid. Unless otherwise specified therein, title, liability for and risk of loss to Product sold hereunder passes to Buyer upon loading for shipment at HighCom Armor Direct’s producing location.
20. This Agreement shall be construed and governed by Delaware law, without regard to any applicable conflicts of law provisions, and the terms of the UCC, rather than the United Nations Convention on Contracts for the International Sale of Goods, shall apply. Except as expressly provided in any other term or condition of this Agreement, any provision hereof which is prohibited or unenforceable in any jurisdiction shall, as to such jurisdiction, be ineffective only to the extent of such prohibition or unenforceability without invalidating the remaining provisions hereof or affecting the validity or enforceability of such provision in any other jurisdiction.
21. This Agreement supersedes all prior agreements, representations and understandings between the parties (whether written or oral) with respect to its subject matter and constitutes (along with the exhibits and schedules attached hereto) a complete and exclusive statement of the terms of the agreement between the parties with respect to the provision of products or services hereunder. This Agreement shall apply to all sales made to Buyer by HighCom in the past and in the future.
22. Not by way of limitation of the unqualified nature of the foregoing, Buyer acknowledges, agrees and represents that it is not relying upon, and it has not been induced by, any representation, warranty, statement made by, or other information provided by HighCom Armor Direct in connection with its decision to purchase or use any product, service, information or technology, other than the representations and warranties made by HighCom Armor Direct as and only to the extent expressly provided in this Agreement.
23. No modification of this Agreement shall be binding upon HighCom Armor Direct unless separately contracted in writing and executed by a duly authorized representative of HighCom Armor Direct. No modification shall be affected by the acknowledgment or acceptance of purchase order forms stipulating different conditions. No pre-printed terms of any purchase orders or other documents provided or issued by the Buyer shall apply. Unless Buyer shall notify HighCom Armor Direct in writing to the contrary as soon as practicable after receipt of this invoice by Buyer, Buyer shall be deemed to have accepted the terms and conditions hereof and, in the absence of such notification, Buyer’s acceptance or use of the products, services, information or technology shall be equivalent to Buyer’s assent to the terms and conditions hereof. HighCom Armor Direct reserves the right to update, change or replace any part of these Terms and Conditions by posting updates and/or changes to our website. It is Buyer’s responsibility to check this page periodically for changes.
Last updated: November 11th 2025
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