Master Agreement - GH Armor Systems Inc - Future Purchases of Body Armor

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CMS M883S5 a) Contractor warrants that the Product is suitable for any special purposes identified in the Solicitation or for which the Purchasing Entity has relied on the Contractor's skill or judgment. b) Contractor warrants that the Products are designed and manufactured in a commercially reasonable manner, and are free of defects. c) Upon breach of the warranty, the Contractor will repair or replace (at no charge to the Purchasing Entity) the Product whose nonconformance is discovered and made known to the Contractor. If the repaired and/or replaced Product proves to be inadequate, or fails of its essential purpose, the Contractor will refund the full amount of any payments that have been made. d) The rights and remedies of the parties under this warranty are in addition to any other rights and remedies of the parties provided by law or equity, including, without limitation, actual damages, and, as applicable and awarded under the law, to a prevailing party, reasonable attorneys' fees and costs. 2) Requirements a) Ballistic panels shall have at least a 5-year Manufacturer's warranty. b) 60 day Fit Guarantee: i. Custom -sized Body Armor may he returned to Contractor within 60 days of the shipment date for one alteration free of charge. ii. Vests that are ordered in stock sizes do not qualify. iii, Vests must in new and clean condition. c) All Carriers shall have at least an 1 9-month Manufacturer's warranty. d) Warranty periods specified shall begin when Body Armor Products are delivered and accepted following inspection by Purchasing Entity. 3) Specifications a) Warranties are extended to the original user only. b) Warranty shall be void if the maintenance care, as stated on the protective panel label, has not been followed, or if the Product has been altered in any manner after acceptance by the Purchasing Entity, or if the Product has been subjected to abnormal use or abuse. G. Customer Service 1) Contractor shall provide full service and support to Participating Entities during normal business hours. 2) Contractor or Distributors shall offer instruction or provide presentations, as requested by Purchasing Entities, regarding the care, usage, and limitation of bullet -resistant and stab -resistant armor. 3) Contractor or Distributors shall provide Service to Purchasing Entities according to the time -frame outlined in Exhibit A (On -Site Response Time). H. Ballistic Panel Recycling 1) Contractor shall offer a recycling program for vests that have expired or reached the end of their useful life. 2) Purchasing Entities are not required to utilize the Contractor's recycling program. 3) Shipping, and associated costs, shall be the responsibility of the Purchasing Entity. V. ADMINISTRATION OF ORDERS A. Ordering and Invoicing Specifications 1) All Products subject to NIJ compliance testing must be listed on the CPL on the date the Order is placed. 2) All sizing, measurements, and final filling shall be done at no expense to, and shall be scheduled at the convenience of, the Purchasing Entity. 3) Master Agreement Order and Purchase Order numbers shall be clearly shown on all acknowledgments, shipping labels, packing slips, invoices, and on all correspondence. 4) Body Armor improperly fitted to an individual wearer shall be adjusted or replaced and delivered to the individual within thirty (30) calendar days by the Contractor at no expense to the Purchasing Entity. Page 12 of 21 Body Armor Products RFP•NK•15.001, NASPO ValuePo.:nt Master Agreement Terms and Conditions