Custom Design. It is agreed that all items to be produced and furnished to you (referred to herein as the “Equipment”) by Mahan Technical Design, LLC (“MTEK”) are to be custom designed and specifically manufactured for the Customer and are not suitable for sale to others. Unless expressly specified in the quotation, MTEK shall not be responsible or in any way liable for any degraded performance caused by, in the sole opinion of MTEK, modi cation(s) to the Equipment after delivery by MTEK.
Specifications. MTEK certifies that that our armor product has been tested in accordance with MIL-STD-662 and NIJ 0106.01.
Warranty. Subject to the Disclaimers and Limitations contained herein, MTEK warrants that the Goods sold in connection herewith shall:
1. meet the Specifications set forth herein for a period of sixty (60) months of regular intended use and sixty (60) months of shelf life after date of
2. be free from defects in material and workmanship for a period of sixty (60) months after the date of shipment.
This warranty is extended solely to the original purchaser and this warranty may be voided in toto, including, but not limited to voiding all warranted ballistic performance specifications in cases of misuse or failure to comply with instructions contained in the use and care manual accompanying the product, or after examination of the Goods it is determined, at the sole discretion of MTEK, that the Goods have been subjected to misuse, abuse, accident, neglect, alteration, breakage interruption, damage, improper storage or handling, or unauthorized repair or service. If said use and care manual is not included in the shipment, you must contact MTEK immediately and a manual will be promptly furnished to the purchaser.
MTEK will refund the purchase price of undamaged Goods returned within thirty (30) days of delivery, less a 15% restocking fee and subject to inspection by MTEK that the Goods are undamaged. Purchaser shall be responsible for shipping costs for returned Goods.
Limitation of MTEK’s Liability. Customer acknowledges that the Equipment may be used in combat and other hazardous or hostile circumstances. MTEK’s liability (and the exclusive remedy of Customer) under this Agreement for any alleged defect or failure to perform is limited to return of the net amount paid for such service or material or to the repair, or replacement of any part that MTEK determines is defective in material or workmanship under normal use.MTEK reserves the right to elect the remedy for asserted claims. It is agreed that MTEK shall not be liable for and Customer and Customer’s heirs, executors, administrators, attorneys, agents, and assigns hereby waive any right to recover from MTEK and hold MTEK harmless for any liability, of and from any and all claims, demands, damages, actions, causes of action or suits of any kind arising out of or relating to any matters which are or could have been raised, or otherwise arising from the use of the Equipment, including, but not limited to death, disability, physical injury, any lost income, lost or diminished products, and consequential, exemplary, punitive and similar types of damages
Non-Waiver. MTEK’s failure to exercise any right or take any action permitted hereunder, or to insist upon strict performance of any provision hereof, shall not be deemed a waiver thereof or of other rights, remedies, breaches or subsequent defaults by Customer in the performance of or compliance with any of the terms contained herein.
Delay in Performance; Acts of God. MTEK shall not be liable for delay in performance or non-performance caused by circumstances beyond the control of MTEK, including without limitation, storm, flood, act of God, re, war, riot, government action, labor strike or lockout or other labor trouble or shortage, or inability to obtain materials, equipment or transportation. Furthermore, and anything herein to the contrary notwithstanding, MTEK shall have no liability or obligation whatsoever in connection with any damage resulting from electrical outage, storms, flooding, lightning, earthquakes, or any act of God, and Owner will be responsible for all costs incurred in connection with correcting any such damage.
Entire Agreement. This agreement constitutes the entire agreement of the parties, and supersedes all prior negotiations, commitments, representations and undertakings of the parties with respect to the subject matter hereof, and may be amended only by a written instrument signed by both parties. Neither this agreement nor the Quotation may be amended or modi ed verbally or by conduct of the parties.
Severability. If any term or provision of this Agreement shall be deemed to be invalid or unenforceable, such a determination shall not affect any of the remaining terms and provisions, and all such remaining terms and provisions shall remain in full force and effect.
Dispute Resolution. The parties shall attempt in good faith to resolve disputes by negotiations between executives from each party who have the authority to settle the controversy. If no agreement is reached within thirty (30) days after negotiations commence, and the parties remain at an impasse over the dispute, they shall immediately mediate the dispute. A certied mediator shall be selected by the agreement of the parties within three (3) days of the end of negotiations. If no agreement can be reached, the mediator will be selected by the blind draw of the named of the mediator from a hat containing the names of four (4)mediators, two (2) of which have been submitted by each party. Mediation shall be completed within thirty (30) days of the end of negotiations. Costs of mediation shall be shared equally by both parties. If the dispute is not resolved after submission to mediation, then each party will have the right to enforce the obligations of this Agreement in a court of law with all reasonable attorney fees, court costs and expenses incurred by the prevailing party in such litigation to be paid by the other party, or as allowed by applicable law.
Governing Law; Jurisdiction. Any court action involving MTEK, this Purchase Order, and Agreement, the Equipment, and/or any warranty with respect to the Equipment shall be commenced and maintained only in the state courts of the State of Indiana. This Purchase Order and Agreement, and the relationship between the undersigned Customer and MTEK, shall be governed by and construed under the laws of the State of Indiana.
Limitation of Actions. Any claim relating to or arising out of any breach or alleged breach of this Agreement shall expire and shall be deemed to have been waived and released unless the aggrieved party has complied with the Dispute Resolution specified herein and shall have led suit with respect to such claim in a court of competent jurisdiction within one year following the date of the act or omission constituting such breach, irrespective of the date of discovery of such breach by the aggrieved party. THE PARTIES EXPRESSLY INTEND AND AGREE THAT THE FOREGOING LIMITATIONS PERIOD SHALL SUPERSEDE ANY STATUTE OF LIMITATIONS OR OTHER LIMITATIONS PERIOD THAT WOULD OTHERWISE APPLY TO SUCH CLAIM UNDER ANY STATUTE, REGULATION OR RULE OF LAW.
Waiver of Jury Trial. The parties expressly waive any right to a trial by jury in any action or proceeding relating to this agreement or under any amendment, instrument, document, or agreement delivered or which may in the future be delivered in connection herewith, and agree that any such action or proceeding shall be tried before a court and not before a jury.
Amendments. The terms of this Agreement may be amended only by written agreement of the parties. Neither the waiver of any breach of this Agreement, the acceptance of any defective performance hereunder, nor the occurrence of any course of dealing inconsistent with the provisions of this Agreement shall be construed as an amendment or modi cation of any provision of this Agreement.
Resale Limitations. Customer acknowledges and agrees to provide proof of identification and status of the end user to whom the Goods are sold with each order. MTEK and its customers reserves the right to not sell to or deal with the civilian market, or individuals.
Contact Information. Mahan Technical Design, LLC 400 E. Mahalasville Rd. Martinsville, IN. 46151 firstname.lastname@example.org
DISCLAIMER. THERE ARE NO STATEMENTS, REPRESENTATIONS, OR WARRANTIES OF ANY KIND, WHICH HAVE BEEN MADE BY MTEK OR ANYONE ON BEHALF OF MTEK, WHICH ARE NOT INCLUDED IN THE QUOTATION OR IN THIS AGREEMENT. MTEK HEREBY DISCLAIMS, AND MAKES NO OTHER WARRANTIES, EXPRESS OR IMPLIED, NOR ANY WARRANTIES OF MERCHANTABILITY OR OF FITNESS FOR A PARTICULAR PURPOSE OR OTHERWISE, WITH RESPECT TO THE EQUIPMENT OR ANY OTHER ITEMS, MATERIALS OR WORK FURNISHED OR TO BE FURNISHED TO CUSTOMER.