Armure multirisque UPA

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1.0 APPLICATION

1.1 These Terms shall apply to the entire Supplier’s (UPA) as deliveries of Goods to the Buyer.

1.2 These Terms take precedence over all the Supplier's standard terms and conditions of sale and delivery and any terms and conditions contained therein. Such terms and conditions of sale and delivery shall be regarded as non-binding on the Buyer. This clause shall apply irrespective of whether such terms and conditions are printed on quotations, order confirmations, invoices issued by the Supplier or communicated to the Buyer in any other way, including by electronic transfer and whether issued at any time prior to or after these terms.

1.3 Any deviation from these Terms shall be subject to an express written agreement between the parties. Unless otherwise expressly stated in such written agreement, these Terms shall supplement such a written agreement. In the event that an agreement has already been made between the parties containing terms and conditions, which apply to the Supplier's deliveries of the Goods and/or Services, such an agreement shall be superseded by these Terms.

1.4 Nothing in these Terms shall prejudice any condition or warranty express or implied or any legal remedy to which the Buyer may be entitled in relation to the Goods and/or Services which are the subject of a Contract by virtue of any statute, custom or any general law or local law or regulations.

2.0 DEFINITIONS

2.1 “Buyer” means the company or individual identified as the purchaser of the Goods in the Contract.

2.2 “Contract” means the purchase contract entered into between the parties for the purchase of the Goods (including any Order placed by the Buyer and accepted and/or performed by the Supplier) and which incorporates and is subject to these Terms and all terms and conditions implied by law.

2.3 “Force Majeure” means any event or circumstance preventing a party from performing any or all of its obligations which is beyond the reasonable control of the party so prevented except for any event or circumstance which the affected party could reasonably have avoided or provided against, or strike lock out or other industrial action taken by the employees of the affected party or the employees or agents or sub-contractors of the affected party or any shortage of labour relating to the affected party or its agents or sub-contractors, or the inability of the affected party or its agents or sub-contractors to obtain supplies or the default of the affected party’s agents or sub-contractors.

2.4 “Goods” means any goods, including but not limited to raw or packaging materials, intermediates and/or ingredients described and/or referred to in the Contract and/or supplied by the Supplier to the Buyer under these Terms.

2.6 “Losses” means any and all awards damages fines penalties expenses legal remedies compensation costs (including legal costs) and all other liabilities whatsoever.

2.7 “Order” means the Buyer’s purchase order howsoever given to the Supplier, including, without limitation, any order given in writing or by electronic or telephone means. The acceptance and/or performance of an Order by the Supplier shall constitute acceptance by the Supplier of these Terms.

2.8 “Supplier” means the person, firm, company or other entity identified as supplier in the

2.9 “Terms” means the STANDARD TERMS ANDCONDITIONS FOR THE PURCHASE OF GOODS contained herein.

3.0 DELIVERY

3.1 The Supplier shall deliver to the Buyer the Goods purchased by the Buyer in accordance with the requirements under the Contract at best of his capacities.

3.2 Deliveries shall be subject to any applicable clause indicated in the Contract. If no clause has been agreed upon or if the place of delivery is not fixed in the Contract delivery shall be made at the place of delivery indicated by the Buyer.

3.3 Subject to any applicable clause, the Supplier shall be responsible for ensuring that transportation is in accordance with current laws, rules and regulations.

3.4 Risk in and ownership of the Goods shall pass from the Supplier to the Buyer on delivery.

3.5 The delivery of the Goods and Services, including any agreed documentation, shall take place at the time of delivery stipulated in the Contract. Time shall be of the essence.

3.6 In the event of any delay, the Buyer acknowledges and agrees that:

(a) Any shipment dates specified are estimates only and are subject to change

(b) any delay in Buyer providing goods with any required pre-payment or required information may impact Urban Personal Armor’s ability to ship the physical goods by a particular date; and

(c) Customer shall validate each shipment against attached packing slips for accuracy of items and quantities promptly upon receipt and notify Urban Personal Armor immediately of any discrepancy between the attached packing slip and the shipment upon discovery of any nonconformity.

3.7 Unless Urban Personal Armor has received notice of any nonconformity from Customer within ten (10) business days of the shipment date, Customer shall be deemed to have accepted the shipment. Delivery shall be deemed complete and risk of loss shall pass to Customer at Urban Personal Armor’s point of shipment.

3.8 All shipping costs including, without limitation, insurance, brokerage, duties, freight are extra and are the responsibility of the Customer.

4.0 GOODS WARRANTY

4.1 The Supplier warrants that the Goods, their packaging, and all their component parts shall:

(a) be of the nature, quality, substance, quantity and description specified in the Order;

(b) Comply with the Specifications and with all applicable statutes and regulations including, but not limited to their design, construction, method of manufacture, processing and safety;

(c) be of satisfactory quality and free of any defects in their design, materials and workmanship;

(d) be capable of any standard of performance specified in the Order;

(e) be fit for the purpose for which they are purchased by the Buyer;

4.2 limitation of warranty

(a) “U.P.A product “is only civilian defensive device. Not meant to be used to do illegal activities. Not meant protect from war-type weapons (U.N. classification), other than guns. Not meant to be limit-tested or modified in any way.

(b) It must be correctly cared-of and is susceptible to reasonable wear.

(c) Urban Personal Armor does not provide “invulnerability” to its users, so they still can be injured when using “U.P.A product”.

(d) The product will be totally or partially destroyed after fulfillment of its defensive usage.

5.0 FORCE MAJEURE

5.1 A party is not liable for a failure to perform any of its obligations if it proves that the failure was due to a Force Majeure and that it could not reasonably be expected to have taken the impediment into account at the time of the conclusion of the Contract or to have avoided or overcome it or its consequences.

5.2 A party wishing to call upon the exemption under Clause 6.1 above shall promptly notify the other party in writing of the commencement and cessation of any Force Majeure and use all reasonable efforts to mitigate the effects of such impediment on the other party.

5.3 A ground for relief under Clause 6.1 above relieves the failing party from damages and other contractual sanctions and further postpones the time for performance for such period as may be reasonable. In determining what is a reasonable period, regard shall be had to the failing party’s ability to resume performance despite the delay. Pending resumption, the other party may suspend its own performance.

5.4 Notwithstanding the above, if any act or matter relied upon by the Supplier for the purposes of Clause

5.5 above shall continue for more than 60 (sixty) days the Buyer shall be entitled to terminate the Contract with immediate effect.

6.0 NON-CONFORMITY

6.1 Goods which do not fully conform to any warranty given by the Supplier as set out in these Terms or the Contract or which have not been manufactured in accordance with the provisions as set out in these Terms or the Contract or in any other respect do not conform to the Buyer’s requirements under the Contract shall be considered non-conforming.

6.2 If the Goods delivered are non-conforming, the Buyer shall be entitled to cancel the Order (in part or in full), and/or demand either a replacement delivery or make replacement purchases at the Supplier's cost against the return of the Goods delivered (in part or in full) and/or reject the Goods or any part of these.

6.3 The Supplier is aware that the Buyer does not upon receipt carry out an inspection of the quality and quantity of the Goods, and that the Supplier is obliged to thoroughly check the quality and quantity of the Goods to be delivered prior to dispatch. The Buyer will upon receipt of the Goods check the packaging of the Goods for transport damages. The issuing of the Buyer’s official receipt or the signature of the Supplier’s advice and/or packing note shall not constitute acceptance of the Goods nor constitute the waiver by the Buyer of any of its rights or obligations of the Supplier under these Terms or the Contract or otherwise implied by law.

6.4 The Buyer may complain of any non-conformity in the Goods at any time after delivery of the Goods, even on the basis of the Supplier's certificates of analysis. All complaints concerning non-conformity shall, however, be submitted within a reasonable time of such non-conformity having been established definitively by the Buyer.

7.0 PRODUCT LIABILITY

7.1 The Supplier shall be liable for product liability to the extent that it is shown that the defect can be attributed to the Goods or Supplier’s instructions. The Supplier shall indemnify and keep the Buyer indemnified from any product liability, which the Buyer may incur in connection with the Buyer's use of the Goods.

7.2 Limitation of liability

(a) The Supplier shall not be liable for: (i) any claims related to goods or services proprietary to a third party; or, (ii) any indirect, incidental, special or consequential damages, loss of profits or revenue.

(b) in no event shall The Supplier shall be liable of any damage or injuries caused by misuse of the good (see warranty limitation). This includes injuries caused by war- weapons (UN classification), injuries to areas not covered by the good; damage caused to a third-part by a good weaver.

(c) the limitations, exclusions and disclaimers set out in this agreement shall apply: (i) whether an action, claim or demand arises from a breach of warranty or condition, breach of contract, tort (including negligence), strict liability, statutory liability or any other theory of liability; (ii) whether or not such damages could reasonably be foreseen or their possibility has been disclosed to Urban Personal Armor, its affiliates, and their respective suppliers, successors and assigns.

8.0 INTELLECTUAL PROPERTY RIGHTS

All industrial plans, all manuals and documentation of Urban Personal Armor are proprietary to “the Company” and are subject to intellectual property laws. As between” the Parties”, Customer agrees that Urban Personal Armor retains ownership of all right, title and interest in all aspects of U.P.A product. Customer and its affiliates and sub-contractors agree not to reverse engineer any aspect of the U.P.A product supplied under or in relation to this.

9.0 INDEMNIFICATION

9.1 The Supplier undertakes and agrees to indemnify the Buyer from and against all claims, damages, cost, losses and liabilities incurred by or awarded against or paid by the Buyer as a result of or in connection with any breach by the Supplier, its employees, agents or sub-contractors of any provisions of the Contract including these Terms or any act or commission of the Supplier, its employees, agents or sub-contractors.

10.0 PRICE

10.1 The prices for the Goods shall be as stipulated in the Contract. Unless otherwise agreed in writing, the price shall be inclusive of all charges for delivery, carriage, packing, packaging and duties excluding taxes and fees.

10.2 Introduction of a new currency in the country where the parties or either of them has its registered office shall not affect the parties' rights and obligations under the Contract. If the currency of the Contract is replaced by a new currency, all amounts due under the Contract shall automatically be converted to the equivalent amount in the new currency.

10.3 No variation of the price shall be accepted without the prior written consent of the Buyer.

10.4 All fees are exclusive of any Taxes. Customer shall be responsible for and shall pay all taxes due under or in relation to the Contract, including, but not limited to, withholding taxes, charges, duties, levies or other applicable amounts (“Taxes”).

Amounts payable by Customer to Urban Personal Armor or an authorized reseller of U.P.A product, as applicable, under this Agreement are exclusive of any Taxes. If Customer is required to withhold any amounts (including, without limitation, Taxes) from payments (“Withholdings”), then the amount payable by Customer shall be increased by the amounts of such Withholdings. Customer shall promptly furnish Urban Personal Armor with all official receipts evidencing payment of Taxes due under or in relation to this Agreement.

11.0 PAYMENT AND INVOICING

11.1 Payment. Unless otherwise agreed by Urban Personal Armor, all payments must be made in the currency used by the Urban Personal Armor entity with which Customer has placed its Order and in advance, or if approved by Urban Personal Armor, within net thirty (30) days from the date of the invoice.

11.2 Invoicing. Customer may not withhold payment of any invoice on the basis of any dispute, including dissatisfaction with Urban Personal Armor, other than on the basis of a clear error on the face of the invoice including, for example, a calculation error or a quantity error. Payment by Customer shall not preclude Customer from questioning any charges that Customer believes to be improper or incorrect, within a reasonable period of time.

12.0 CONFIDENTIALITY

12.1 Each party shall keep confidential all information (written or oral) concerning the business and affairs of the other party and any specifications, drawings, diagrams, patterns or other materials that it shall have obtained or received or created as a result of the discussions leading up to or the entering into or the performance of the Contract, shall only use such information in the proper performance of the Contract and shall not, without the other party’s written consent, disclose such information in whole or in part to any other person save those of its employees, sub-contractors and agents involved in the implementation of the Contract and who have a need to know the same, and shall ensure that all such persons comply with the obligations in this Clause;

13.0 APPLICABLE LAW AND JURISDICTION

This Agreement will be governed and construed by the applicable laws described below and each party irrevocably waives any objection on the grounds of venue, forum non-conveniens or any similar grounds and irrevocably consents to service of process by mail or in any other manner permitted by.

In case of non-agreement between “Parties” only the laws of Russian Federation under the Jurisdiction of the Krai of Stavropol applies to any action.