Product Terms and Conditions

Ballistic Barrier Products, Inc. (“BBP,” “we,” “us” or “our”) provides access to various products (collectively, “Products”) through the BBP online marketplace, direct procurement, or distribution partners to you (“you” or “your”), subject to the following Terms of Use and Conditions of Sale (collectively, the “Terms and Conditions”), which may be revised and updated by us from time to time, with or without notice to you.

Please read these Terms and Conditions carefully before the purchase of the Products and refer to these Terms and Conditions periodically to make sure that you are aware of the most current terms and conditions. All changes to these Terms and Conditions are effective immediately once posted and apply to all access and use of the Products from that point forward, including the order and purchase of any Products after that time, whether or not you are notified individually of such changes.

By accessing or using the Products, you accept and agree to be bound by: 1) these Terms and Conditions, including the binding arbitration clause, and 2) our privacy policy, found at https://www.ballistic-barrier.com/privacy-policy (the “Privacy Policy”), which is incorporated by this reference. By ordering Products through any method offered by BBP, you agree on your behalf personally and on behalf of any entity for which you are an agent, or which you appear to represent, to these Terms and Conditions.

If you have a question about these Terms and Conditions or just want to reach out, please email us at support@ballistic-barrier.com.

Terms of Use

Access to and use of the Products

Businesses seeking to procure Products will be required to register for an account to submit orders to BBP. During the registration process, you may be required to provide evidence of your affiliation with a legitimate business. Individuals seeking to procure Products will be required to provide contact and payment information.

By providing the information necessary to register for an account, you represent and warrant that: (i) you are procuring Products on behalf of a legitimate business or for your own personal use, (ii) that you are duly authorized to act for and to enter into contracts on behalf of such business (if such is the case); and (iii) that all of the information provided is correct, current and complete. You agree that all information that you provide is governed by the Privacy Policy, and you consent to all actions we take with respect to your information consistent with the Privacy Policy.

Intellectual Property

Subject to your compliance with these Terms of Use, we grant you a personal, non-transferable, non-exclusive, revocable, limited license to access and use the Products solely as permitted by these Terms of Use. We reserve all rights not expressly granted to you herein.

Unless we have otherwise agreed with you in writing, you may only use the Products for its intended purposes. In any event, all use of the Products must be lawful, and you agree to notify us if you learn of any misuse.  BBP may, at its discretion, use your logo and/or company name to promote the Products unless otherwise notified in writing.

All licenses granted herein are subject to the following restrictions: (i) you may not commercially exploit the Products; (ii) you may not modify, prepare derivative works of, disassemble, or reverse engineer any part of the Products; (iii) you may not use the Products to violate any law or to interfere with or infringe our rights, or the rights of any other person or entity.

You may not use any robot, scraper, spider, or other automated means to access or gather information from the BBP web pages, or mirror, co-brand, or frame any portion of the Products on any other website or web page without explicit permission. You may not publicly display any content from the Products on or in connection with any other website or application without explicit permission. BBP retains the right to refuse the display of the Products or any marketing material if BBP deems the display or content is below its brand standards.  For purposes of these Terms of Use, “co-branding” means to display a name, logo, trademark, or other means of attribution or identification of any party in such a manner as is reasonably likely to give a user the impression that such other party has the right to display, publish, or distribute any content, the Products, or any information related to the foregoing.

We may prohibit or limit your use of the Products at any time at our discretion. We will not be liable if, for any reason, all or any part of the Products is unavailable for any period.

Indemnification

You agree to defend, indemnify and hold harmless BBP, our affiliates, licensors and service providers, and our and their respective officers, directors, employees, contractors, agents, licensors, successors, and assigns (the “BBP Entities”) from and against any and all claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including reasonable attorneys’ fees) arising out of or relating to: (i) your violation of these Terms of Use; (ii) your use of the Products; or (iii) your violation of any applicable laws or regulations. We hereby reserve the right to control the defense of any such claims or proceedings for which you are required to indemnify us, and you agree to cooperate with such defense.

Limited warranty

BBP warrants that all product is sold new.  

Fabricated parts will meet physical dimensions that are based upon customer-supplied dimensions for any window or door that is intended to be protected by the product.  For any object, material, or ingress/egress that is intended to be protected by the product that does not fit a generally acceptable definition of a window or door, BBP must agree upon warranty coverage for said item in writing for these terms and conditions of sale to be applicable.  Without expressed consent for coverage, use of the products is deemed as unintended and all warranties, both express and implied are void.

Installation of products will be performed in accordance with generally acceptable industry standards. You agree to inspect all installation work performed by BBP within three (3) business days from the date of installation. If any installation services are determined not to conform to industry standards, then BBP shall, at its option, either re-install the material or refund the cost of such installation services.

Fabricated parts and installation services will be defect-free for the period of one year from the date of the delivery of the original sale.  

If the product fails to conform to the specified warranty, BBP, at its option, will determine if onsite repair or a replacement is best suited for a solution.

BBP shall assign to you any vendor/warranties and/or remedies provided to BBP by its vendor, to the extent permitted by BBP’s vendors/manufacturers

You agree not to return the products until BBP agrees that you may do so.

All warranties will be void after the product has undergone a shooting event that exceeds the bullet caliber, velocity, angle of fire, or quantity of impacts that it was certified to resist.

In a failure to meet the certified standard in a shooting event, BBP’s liability will be limited to a maximum value that will not exceed the cost of the original sale of the product to you.

Some jurisdictions may not allow the exclusion of certain types of warranties including, without limitation, implied warranties. As a result, the above limitation or exclusion may not apply to you.

The mechanical aspects of the product are warranted to be free of material or workmanship defects for a period of one year from the date of initial purchase. This warranty includes the cost of repairing or replacing materials (at BBP’s discretion) and any shipping costs involved.  Outside of this, the cost of repairs will be handled on a case-by-case basis.

The product is guaranteed to function, in its ability to resist impacts from handgun fire that are in accordance with the product's certification, for a period of seven (7) years.   In a failure to meet this guarantee, BBP will repair onsite, replace, or refund the cost at its discretion.

See also any applicable Conditions of Sale for any other conditional warranty information related to specific Product sales.

Third-Party Content

You acknowledge that the distributor network of the Products may contain links to third-party websites, resources, products or services, which may be posted by advertisers, our affiliates, our partners, manufacturers, suppliers, resellers, or vendors (“Third-Party Content”). You also acknowledge that the Products may contain sponsored Third-Party Content or advertisements and that we may place advertisements in connection with the display of any content or information about the Products or the Products. WE DO NOT CONTROL THIRD-PARTY CONTENT AND ACCEPT NO RESPONSIBILITY FOR SUCH CONTENT, OR FOR ANY LOSS OR DAMAGE THAT MAY ARISE FROM YOUR ACCESS TO OR USE OF SUCH CONTENT. If you decide to access or use any Third-Party Content, you do so entirely at your own risk and subject to the terms and conditions of use for such content.

Geographic Limitations on Use

Not all Products offered by BBP are available to all persons or in all geographic locations. BBP reserves the right to limit the provision of Products to any person, geographic area, or jurisdiction and to limit the quantities of any Products that it provides. You agree to comply with all applicable laws and local rules regarding the transmission of technical data, acceptable content, and online conduct.

Limitation of Liability

To the fullest extent permitted by law, in no event and under no theory of liability, including contract, tort, negligence, strict liability, warranty or otherwise, will the BBP entities be liable to you or to any other person or entity for any indirect, consequential, exemplary, incidental, special, or punitive damages, or lost profits arising from or relating to these terms of use or your use of the products.

Access to, and use of, the products is at your own discretion and risk, and you will be solely responsible for any damage or injuries resulting in the product failing to perform outside the standards to which it is certified.

In no event will the aggregate liability of the BBP entities exceed one hundred U.S. dollars ($100). The limitations of this section will apply to any theory of liability, including those based on warranty, contract, statute, tort (including negligence), or otherwise, and even if the BBP entities have been advised of the possibility of any such damage, and even if any remedy set forth herein is found to have failed its essential purpose.

The foregoing does not affect any liability that cannot be excluded or limited under applicable law.

If you are dissatisfied with the products, or with the terms of use, your sole and exclusive remedy is to discontinue using the products.

Any cause of action against BBP with respect to the Products must be instituted within one (1) year from the date on which the claim arose.

See the Conditions of Sale for all other limitations of liability information related to Products.

Governing Law and Arbitration

Any dispute, claim or controversy arising from or relating to these Terms of Use or your use of the Products, including disputes arising from or concerning the interpretation, violation, invalidity, non-performance, or termination, shall be settled by arbitration administered under the Rules of Arbitration provided by the American Arbitration Association applying Arizona law. The place of arbitration shall be Phoenix, Arizona. Any such dispute, claim or controversy shall be arbitrated on an individual basis and shall not be consolidated in any arbitration with any dispute or claim of any other party. By using the Products, you hereby waive all rights to trial in any action or proceeding instituted in connection with these Terms of Use or the Products.

Miscellaneous Terms

These Terms of Use constitute the entire agreement of the parties with respect to your use of the Products. No waiver by BBP of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. If any part of these Terms of Use are determined by a court of competent jurisdiction or arbitrator with jurisdiction over a dispute to be invalid or unenforceable, it will not impact any other provision of these Terms of Use, all of which will remain in full force and effect, and such court or arbitrator shall have the authority, if possible, to revise any invalid or unenforceable provision to most accurately reflect the intent of the parties as shown by the original wording of that provision while rendering it valid and enforceable. No rights, duties, agreements, or obligations hereunder, may be assigned or transferred by you by operation of law, merger, or otherwise, without the prior written consent of BBP. These Terms of Use and the subject matter that they cover, including without limitation the Products, do not create any joint venture, partnership, employment, or agency relationship between you and BBP. The obligations, rights, terms, and conditions hereof will be binding upon and inure solely to the benefit of the parties hereto and their permitted respective successors and assigns. All feedback, comments, requests for technical support, and other communications relating to the Products should be directed to:  support@ballistic-barrier.com.

Conditions of Sale; Purchase of Products

All orders placed with BBP, including any orders of Products to be shipped directly from one of our distributors are subject to these Conditions of Sale. Any purported change or inconsistent terms or conditions submitted by you in any additional documentation are hereby expressly rejected.

Quotations

Unless otherwise stated in a formal quotation, all price quotations are in US dollars (USD) and expire 30 days from the date of first issue.

Orders

When you place an order, we may verify your method of payment, shipping address and/or tax-exempt identification number, if any, before processing your order. You agree that your order is an offer to buy, under these Conditions of Sale, the Products listed in your order. We may, at our discretion, choose to accept your order by processing your payment and shipping the Product, or may, for any reason, decline to accept your order or any part of your order at our sole discretion. If we decline to accept your order, we will attempt to notify you using the email address or other contact information you have provided with your order or in connection with your account on the Products. Delivery and/or shipment dates provided in connection with any order are estimates only and do not represent fixed or guaranteed delivery dates.

We may limit or cancel quantities available for purchase on any order on any basis, and we may alter the availability or duration of any special offers at any time. We may reject any order or any part of an order.

You agree that if any Product is offered without specifying a brand, manufacturer, or Vendor, BBP will choose, at its sole discretion, the brand or Vendor for such Product.  

When you register for an account on or submit an order through the web portal, you are required to provide a valid email address, which we may use to communicate with you regarding the status of your order, advise you regarding shipment of back-ordered products, and to provide you with any other notices, disclosures or other communications relating to your order. You agree that BBP will not be responsible for any damage you incur, or information you do not receive, as a result of your failure to provide and maintain a valid email address or as a result of any failure of your email system, spam filters, or other impediments to your receipt of our communications.

Pricing and Product Information

We make every effort to provide current and accurate information relating to the Products and prices Information relating to Products is subject to change without notice. Prices are subject to change at any time prior to our completion of your order. In the event we discover a material error in the description or availability of a Product that affects your outstanding order with us, or an error in pricing, we will notify you of the corrected version, and you may choose to accept the corrected version, or cancel the order. If you choose to cancel the order, and your credit card has already been charged for a purchase, we will issue a credit to your credit card in the amount of the charge. All prices are in U.S. dollars. BBP is not responsible for pricing, typographical or other errors in any offer by BBP and BBP reserves the right to cancel any orders arising from such errors.

Payment

Except as otherwise provided on the Products, we accept payments in the form of ACH, mastercard, VISA, American Express, Discover, and check. Payments must be made in U.S. dollars.  Accounts unpaid when due shall accrue late charges of one and one-half percent (1.5%) per month or, if lower, the maximum rate allowed by law.  

You shall pay to BBP all costs incurred by us in collecting on any dishonored check or on any past due amount from you, including all court costs, collection costs, and attorney’s fees. If a check you give us for payment is dishonored for any reason by the bank or other institution on which it is drawn, you agree to pay BBP $40.00 as a service charge (if the check cannot be redeposited).

Delivery, Shipping, and Related Charges

Delivery will be made F.O.B. origin, either freight collect or freight prepaid. Title to the Products shipped hereunder and risk of loss and damage shall pass from BBP to you upon delivery of the goods to a common carrier.  BBP, reserves for itself, and you grant to BBP, a security interest in all Products purchased from BBP to secure the full payment and performance by you of your liabilities and obligations hereunder.  You shall keep the Products in good order and repair until the purchase price has been paid in full and shall promptly pay all taxes and assessments upon the Products or use of the Products.

Any shipment may be made in partial fulfillment of an order. Each shipment will constitute a separate sale and you will be charged for the units shipped, whether such shipment is in whole or partial fulfillment of the quantity purchased.

Except as otherwise noted, shipping or freight charges and insurance will be paid by you and indicated as separate charges on the applicable order. Products may be shipped either from our distribution facility or directly from a distributor’s location.  In the absence of specific shipping instructions, BBP will ship by the method it deems most advantageous in standard commercial packaging.  You shall bear complete and exclusive responsibility for promptly advising the carrier and insurer of any loss or damage and for filing claims against, and recovering any sums owed by, the carrier or the insurer.  If special or export packaging is requested or, in BBP’s opinion, required under the circumstances, the cost of the same, if not set forth on the order or invoice, will be separately invoiced.

Shipments of excessive weight or size may require additional charges. We BBP will notify you prior to shipment if these conditions exist.

Taxes

Except as otherwise provided on the Products, prices shown do not include any federal, state, or local taxes, or any other taxes or charges imposed by any government authority, including, without limitation, sales, use, excise, value-added or similar taxes. Where applicable, such taxes and charges shall be billed as a separate item and paid by you. Orders are accepted with the understanding that such taxes and charges shall be added, as required by law. We charge sales tax unless you have a valid sales tax exemption certificate on file with us. We will not refund tax amounts collected in the event a valid sales tax certificate is not provided. If you provide a certificate that is not accepted for any reason by any governmental or regulatory authority, and we are required to pay tax on your purchase, you will reimburse and indemnify us for the amount of such tax and any related penalties or other charges, and our reasonable expenses incurred in connection with the payment and collection of such tax. Fax or e-mail your resale certificate and customer number to: sales@ballistic-barrier.com.

Inspection and Notice of Nonconforming Products

You agree to promptly inspect any Products that you receive and notify us immediately if any of the Products are different from those ordered or if the label or packaging incorrectly identifies the Product’s contents. If you do not notify us of any such nonconformities within ten (10) days after receipt, you will be deemed to have accepted the Products.

If you timely notify us of the nonconformities, we will, in our sole discretion, (i) replace such nonconforming Products with conforming Products, or (ii) credit or refund the price for such nonconforming Products.

You acknowledge that this remedy for nonconforming Products is your sole and exclusive remedy for the delivery of nonconforming goods.

Freight Damage

If you receive Products that have been damaged in transit, it is important to keep all shipping containers, packing materials, and parts intact. In such an event, please contact us at support@ballistic-barrier.com within ten (10) days of receipt to initiate a claim.  

Return and Cancellation Policy

Given the nature of the customization required for most sales, in most cases, we will not accept Product returns or cancellations once the order has been placed.

In the event that a return is allowed, by returning any Product to BBP, you represent and warrant that the returned product was purchased through BBP and has not been altered without permission or otherwise non-conforming. You also agree that BBP may test any returned product to determine whether such product is altered or non-conforming, or otherwise violates these Conditions of Sale. In the event BBP determines, in its sole discretion, that any returned product is altered or non-conforming, or otherwise violates these Conditions of Sale, BBP may (i) report such a problem to any applicable governmental or regulatory agency or any other applicable third party; (ii) quarantine such product for further testing or other analysis; and/or (iii) take such other actions as may be required or permitted under applicable law.

Indemnification

You understand and agree that you are personally responsible for your use or inability to use the Products. You agree to defend, indemnify and hold harmless BBP from and against all claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including, but not limited to, reasonable attorneys’ fees and any direct, incidental, special, consequential, punitive, exemplary and indirect damages), arising out of or relating to your use, misuse or inability to use the Products, or any violation by you of these Conditions of Sale. We hereby reserve the right to control the defense of any such claims or proceedings for which you are required to indemnify us, and you agree to cooperate with such defense.

Limitation of Liability

In no event shall BBP be liable to you or to any third party for any indirect, incidental, special, consequential, punitive or exemplary damages (including without limitation lost profits, lost savings, or loss of business opportunity) arising out of or relating to any product, even if BBP has been advised of the possibility of such damages.

Subject to the foregoing, in no event shall the liability of BBP relating in any way to any product exceed the purchase price paid for the product, regardless of the legal theory asserted for such liability, whether in contract, tort, warranty, or otherwise. You acknowledge that the amounts payable for the products are based in part on these limitations, and you further agree that these limitations shall apply notwithstanding any failure of the essential purpose of any limited remedy.

Some states may not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you, but in any event, shall apply to the maximum extent allowed by law.

Force Majeure

BBP will not be liable for delays in delivery or for failure to perform its obligations due to causes beyond its reasonable control including, but not limited to, product allocations, material shortages, labor disputes, transportation delays, unforeseen circumstances, acts of God, acts or omissions of other parties, acts or omissions of civil or military authorities, government priorities, fires, strikes, floods, severe weather conditions, computer interruptions, terrorism, epidemics, pandemics, quarantine restrictions and riots or war. The time for delivery or performance will be extended by the period of such delay or we may, at our option, cancel any order or remaining part thereof, without liability, by giving notice to you.

Governing Law and Arbitration; Limitation on Actions.

The laws of the State of Delaware shall apply to these Conditions of Sale, without regard to any conflict of law provisions. The 1980 United Nations Convention on Contracts for the International Sale of Goods and the United Nations Convention on the Limitation Period in the International Sale of Goods shall not apply to these Conditions of Sale. Any controversy or claim arising out of or relating to the Conditions of Sale, or your purchase or use of Products (a “Dispute”) shall be settled by arbitration administered under the Rules of Arbitration provided by the American Arbitration Association, and you hereby waive any right you may otherwise have to a jury trial. A single arbitrator shall preside over any arbitration, and such arbitrator shall, in his or her sole discretion, determine the arbitrability of any alleged Dispute. The place of arbitration shall be Phoenix, Arizona. To the fullest extent permitted by applicable law, no arbitration under these Conditions of Sale will be joined to an arbitration involving any other party subject to these Conditions of Sale, whether through class arbitration proceedings or otherwise. Judgment on an award rendered by an arbitrator may be entered in any state or federal court within or without the State of Arizona. Notwithstanding the foregoing, in lieu of or in addition to any other remedies available to us, we may seek injunctive or other relief in any state, federal, or national court of competent jurisdiction for any actual or alleged infringement of our or any third party’s intellectual property or proprietary rights. You hereby irrevocably consent to the exclusive jurisdiction and venue of the state and federal courts of the State of Arizona with respect to any such injunctive or other relief. You further acknowledge that our rights in our intellectual property are of a special, unique, extraordinary character, giving those rights peculiar value, the unauthorized use, disclosure, or loss of which cannot be readily estimated and may not be adequately compensated for in monetary damages. Any Dispute initiated by you must be instituted within one (1) year from the date of purchase or provision of the Product at issue except for a Dispute based on breach of warranty which must be instituted within ninety (90) days of the date the warranty claim is denied under these Conditions of Sale.

Miscellaneous Terms

These Conditions of Sale constitute the entire agreement of the parties with respect to your purchase and use of the Products. No waiver by BBP of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. If any parts of these Conditions of Sale are determined by a court of competent jurisdiction or arbitrator with jurisdiction over a dispute to be invalid or unenforceable, it will not impact any other provision of these Conditions of Sale, all of which will remain in full force and effect, and such court or arbitrator shall have the authority, if possible, to revise any invalid or unenforceable provision to most accurately reflect the intent of the parties as shown by the original wording of that provision while rendering it valid and enforceable. You agree to comply with all export laws and restrictions and regulations of the Department of Commerce of the United States or foreign agency or authority, and not to export, or allow the export or reexport of any Products, materials, or items delivered by BBP in violation of any such restrictions, laws or regulations. No rights, duties, agreements, or obligations hereunder, may be assigned or transferred by you by operation of law, merger, or otherwise, without the prior written consent of BBP. These Conditions of Sale and the subject matter that they cover, including without limitation the purchase of Products, do not create any joint venture, partnership, employment, or agency relationship between you and BBP. The obligations, rights, terms, and conditions hereof will be binding upon and inure solely to the benefit of the parties hereto and their permitted respective successors and assigns. All feedback, comments, requests for technical support, and other communications relating to the Products should be directed to:  support@ballistic-barrier.com.