TERMS AND CONDITIONS
These terms and conditions shall apply to all offers, sales, agreements, contracts or other arrangements
between Buyer and Ballistic Recovery Systems, Inc. (“BRS”) regarding the sale by BRS of parachute
systems and other goods to Buyer (“BRS Unit”). These terms and conditions shall be read in conjunction
with any additional terms and conditions in any purchase order or other agreements between Buyer and
BRS to the extent possible, but shall control over such agreements to the extent they conflict.
Buyer is required to provide to BRS a 25% deposit of the purchase price prior to entry of an order. Buyer
must pay the balance of an invoice for each order prior to shipment.
If full payment of an order is not made in full within 30 days of BRS’ notification to Buyer of completion
of an order, a 1.5% charge per month will be assessed to Buyer. If full payment is not received after three
months of BRS’ notification, the order will be restocked. BRS shall retain Buyer’s 25% deposit as a
restocking fee.
The purchase price set forth above does not include any taxes or fees, including but not limited to sales use
tax, excise tax or customs fees, if applicable. All such taxes and fees are in addition to the purchase price
are the sole and exclusive responsibility of, and shall be paid by, Buyer. The purchase price set forth above
shall be subject to increase without notice by the amount of any sales, use or excise tax levied or charged
either by the federal, state, and county, city or other government agency.
Title to any BRS Unit(s) purchased under these terms and conditions shall remain with BRS until receipt of
full payment by Buyer. Risk of loss of the BRS Unit(s) shall pass to Buyer at the time of delivery of such
Unit(s) to a common carrier or Buyer’s delivery agent at the FOB (or ex-works) shipping point, which shall
be BRS’ facility. Buyer shall be solely responsible for any fire, theft, accident or other insurance Buyer
desires for delivery of any BRS Unit(s).
BRS shall not assume any risk or liability for delay or non-fulfillment under this Agreement due to fire,
explosion, flood, storm, acts of God, war, strikes, breakdown, fires, governmental orders, inability to obtain
necessary materials or components or other causes beyond BRS’ control. Manufacture, shipment and
delivery are subject to any prohibition, restriction, priority, allocation, regulation or condition imposed by
or on behalf of the United States of America, which may prevent or interfere with fulfillment of this order.
Except as otherwise set forth herein, all sales are final. Claims for errors, deficiencies or imperfections
shall not be considered unless made within thirty (30) days after receipt of BRS Unit by Buyer. BRS shall,
at BRS’ sole and exclusive discretion, either replace such non-conforming BRS Unit or credit Buyer for the
price of such non-conforming BRS Unit within a reasonable time of BRS’ receipt of such non-conforming
BRS Unit.
All claims for defective BRS Units must be presented to BRS, in writing, within one (1) year after date of
delivery of such BRS Units. Failure of Buyer to give such notice shall constitute a waiver by Buyer of all
claims with respect to such defective BRS Units. BRS shall be given an opportunity to verify the existence
of any alleged defect. Returns must be authorized by receiving an RMA (return material authorization)
prior to shipment back to BRS.
In the event a defective or non-conforming BRS Unit shall be replaced by BRS or in the event BRS shall
refund the sales price received from Buyer for such defective BRS Units, Buyer shall return the non-
conforming BRS Units to BRS in strict accordance with BRS’ written instructions concerning shipping,
handling, insurance and other matters as to which BRS may issue instructions.
BRS shall not be liable for any claims for labor or consequential damages and BRS Unit(s) may not be
returned except by permission of BRS. BRS accepts no responsibility for breakage, damage or losses
occurring after delivery by BRS to a common carrier or Buyer’s delivery agent, to whom all such claims
must be referred directly.
BRS Document: BRS™-6 Owner’s Manual - Model 600 thru 1800 Page 7 of 55
020000-01
