Nutshellz,LLC. warrants the Ballistic Cups to be free of defects in materials and workmanship for 1 year. These are the sole and exclusive warranties on the Ballistic Cups. These express warranties shall be void in the event that the Ballistic Cup is subjected to misuse, abuse, neglect, unauthorized alteration, accident, improper storage or handling, unauthorized repair or service, or other damage. These express warranties shall be void in the event the Ballistic Cup is not used as directed and in accordance with all current warnings, safety updates, and instructions for the Ballistic Cup.
No wholesale or retail seller may enlarge or expand these sole and exclusive warranties. No representations, course of dealing, samples, trade usage, service, models, or otherwise shall enlarge these sole and exclusive warranties. No act, statement, or agreement by any dealer, employee, or agent of Nutshellz,LLC. shall expand, enlarge, or otherwise alter these sole and exclusive warranties, other than in writing by a duly authorized officer of Nutshellz,LLC.
NUTSHELLZ,LLC. MAKES NO OTHER WARRANTY, EITHER EXPRESS OR IMPLIED, WITH RESPECT TO THE BALLISTIC CUPS, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTY OF MERCHANTABILITY OR OF FITNESS FOR A PARTICULAR PURPOSE.
If a defect is discovered, then the buyer shall return the Ballistic Cup (at buyer’s expense) to Nutshellz,LLC . within 10 days, with proof of purchase and a statement explaining the claimed defect in the Ballistic Cup. Nutshellz,LLC. In its sole discretion and as the exclusive remedy for any breach of any warranty, agrees to replace, repair, or issue a prorated purchase price credit for the defective Ballistic Cup.
IN NO EVENT SHALL NUTSHELLZ,LLC. BE LIABLE FOR ANY PUNITIVE, EXEMPLARY, OR CONSEQUENTIAL DAMAGES, INCIDENTAL DAMAGES, LOSS OF TIME, OR ANY OTHER LOSSSE OR EXPENSES THAT ARISE FROM ANY CAUSE RELATING TO THE BALLISTIC CUPS, HOWEVER INITIATED AND WHEREVER FILED, WHETHER IN TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, CONTRACT, OR OTHERWISE, AND REGARDLESS OF WHETHER NUTSHELLZ,LLC. HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANY CONTRARY PROVISION, IN NO EVENT SHALL NUTSHELLZ,LLC.’S TOTAL LIABILITY (INCLUDING ANY LIABILITY OF ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS) EXCEED THE PURCHASE PRICE OF THE BALLISTIC CUP GIVING RISE TO THE CLAIMED LIABILITY.
Each of the above limitations on warranties and remedies may be reduced by the law of some states. In those states, the above limitations on warranties and remedies are deemed modified only to the extent required by state law.
Ballistic Cups provide protection against the specified threats when properly sized and worn as directed. Failure to use the proper size Ballistic Cup, to wear the Ballistic Cup as directed, or to adhere to the warnings and precautions provided by Nutshellz,LLC. may lead to serious injury or death.
Do not intentionally get shot or otherwise struck by a projectile or otherwise while wearing the Ballistic Cup. GETTING SHOT ALWAYS CARRIES THE RISK OF SERIOUS INJURY OR DEATH.
Law enforcement and military activities are inherently and unavoidably dangerous activities. The Ballistic Cups cannot provide protection from all potential threats faced in the line of duty. The Ballistic Cups are intended to provide a measure of protection for the wearer’s groin area as a last resort to reduce the risks associated with exposure to the threats identified in the Standard and the Threat Level.
Always wear the Ballistic Cup in the proper position with the long “taper” between the legs. Failure to wear the Ballistic Cup as directed may lead to serious injury or death.
Always inspect the Ballistic Cup for wear and damage prior to each use, and replace a worn or damaged Ballistic Cup immediately.
Do not use Ballistic Cups that have already been struck by a projectile, dropped, hit, chipped, cracked, or otherwise damaged, because any such damage reduces the effectiveness of the Ballistic Cup, increasing the risk of serious injury or death.
Do not expose the Ballistic Cups to excessive heat, excessive cold, direct sunlight, or store it in an uncontrolled environment such a vehicle, because any such exposure may reduce the effectiveness of the Ballistic Cups, increasing the risk of serious injury or death.
Do not soak, submerge, wash, spray, or dry clean the Ballistic Cup. Do not expose the Ballistic Cups to bleach, detergents, or other cleaning solvents, because any such exposure may reduce the effectiveness of the Ballistic Cups, increasing the risk of serious injury or death.
The Ballistic Cup provides only limited protection against fragmenting munitions, and no protection against sharp-edged or pointed objects.
The Ballistic Cup is not “BULLET PROOF” Stopping such projectiles will nearly always result in some form of injury to the body, including bruising, bleeding, internal injury, broken bones, or death.
The Ballistic Cup does not provide any protection for any area of the wearer’s body not covered by the Ballistic Cup.