Terms & Conditions
Thank you for visiting MTek Weapon Systems. Please review the following Terms and Conditions. If you visit or purchase products on the MTek Weapon Systems website, you accept these terms. We reserve the right to make changes to our site and to these terms at any time. Your use of the site following any such changes shall confirm your agreement to follow and be bound by the terms as modified.
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. The Equipment configuration is based on currently existing designs or experimentation by MTek and has not been approved for issue by any branch of the Armed Forces of the United States of America. 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, modification(s) to the Equipment after delivery by MTek.
Payment Terms: MTek shall be paid in full when this Purchase Order is submitted. Price is based on F.O.B/Ex-Works MTek, Martinsville, Indiana. In the event that any payment is not received by the due date(s) specified in the Quotation, it is agreed that MTek may rightfully withhold any further work, performance and/or deliveries of the Equipment until payment is made. MTek shall not be liable for any costs or damages, or any other claims, resulting from any such delay. Customer agrees to pay any additional costs incurred by MTek directly or indirectly resulting from any such delay.
Discount Pricing: Select distributors and government organizations qualify to receive discount pricing on certain products or volume purchases. Please call 765-341-0933 for more information.
Order Changes: If you have any questions about your order or if you need to make a change and your order has not yet shipped, please call us at 765-341-0933 or contact us here. You can check the status of your order at any time by logging into your account on MTek Weapon Systems account.
Shipping: We will ship in-stock items within 7 days of your purchase. Once your order is shipped, you will receive an email notification with a tracking number and your credit card will be charged.
Return Policy: If you are not satisfied with your purchase, you may return it within 30 days of receipt of shipment. There are no refunds or exchanges on build-to-order or custom products. Returns will only be accepted if the item is unused, in its original condition and its original packaging. A full refund, less a 15% restocking fee, will be applied to your credit card, if your return meets these conditions. Please allow 10-15 business days from the time the item is received to process a refund. You are responsible for shipping cost to return the item, unless it was our error.
All returns should be delivered to:
MTek Weapon Systems, 400 E. Mahalasville Rd. Martinsville, Indiana 46151.
For your protection, please use FedEx or UPS for return shipment.
Terms and Conditions: PRIVACY, MTek Weapon Systems takes credit card and personal data security very seriously. All personal information provided to MTek Weapon Systems will remain private. We will not sell, lease or otherwise use information provided for any other purpose beyond the fulfillment of the order placed. The information we ask for when you order on-line is your name, address, phone number, credit card number and email address, and it’s used only to complete the order, to confirm the order and to confirm shipment of the order. You may opt to save your information and create an account with MTek Weapon Systems. This information is then stored only for the purposes of faster checkout and application of discounts. MTek Weapon Systems will give you access to the personal information you provided, by allowing you to view, update or correct your information. You will create a username and password to verify your identity before being able to access your information. "Cookies" are used by MTek Weapon Systems only to allow you to use MTek Weapon Systems web site in the most efficient manner.
Electronic Communication: When you visit MTek Weapon Systems or send e-mails to us, you are communicating with us electronically. You agree that all notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing. MTek Weapon Systems uses your e-mail address to confirm your order and to confirm shipment of your order and to respond to any inquiries you make on-line. Any comments or feedback submitted by users of the website shall be and remain the property of MTek Weapon Systems. MTek Weapon Systems is under no obligation to pay for or respond to any such comments or feedback provided by users. Upon completion of placing an order you will be automatically enrolled for the MTek Weapon Systems Newsletter. You may cancel this subscription on your own at anytime.
Specifications: MTek certifies that its armor products have been tested in accordance with the National Institute of Justice Standard 0108.01 and/or with MIL-STD-662F.
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 six (6) months for continuous field use, or twelve (12) months of intermittent field use and for sixty (60) months of shelf life after the date of issue; and
2. Be free from defects in material and workmanship for a period of twelve (12) 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.
License and Site Access: MTek Weapon Systems grants you a limited license to access and make personal use of this site, but not to download (other than page caching) or modify it, except with express written consent of MTek Weapon Systems. This license does not include any resale or commercial use of this site or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of this site or its contents; any downloading or copying of account information for the benefit of another merchant; or any use of data mining, robots or similar data gathering and extraction tools. This site or any portion of this site may not be reproduced, duplicated, copied, sold, resold, visited or otherwise exploited for any commercial purpose without express written consent of MTek Weapon Systems. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout or form) of MTek Weapon Systems without express written consent. You may not use any meta tags or any other "hidden text" utilizing MTek Weapon Systems name or trademarks without the express written consent of MTek Weapon Systems. Any unauthorized use terminates the permission or license granted by MTek Weapon Systems. You are granted a limited, revocable and nonexclusive right to create a hyperlink to the home page of MTek Weapon Systems so long as the link does not portray MTek Weapon Systems in a false, misleading, derogatory, or otherwise offensive matter. You may not use any MTek Weapon Systems logo or other proprietary graphic or trademark as part of the link without express written permission.
Risk of Loss: All items purchased from MTek Weapon Systems are made pursuant to a shipment contract. This means that the risk of loss and title for such items pass to you upon our delivery to the carrier.
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 filed 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 ANDY 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 modification 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 Weapon Systems and its customers shall not sell to or deal with the civilian market, or individuals. MTek Weapon Systems only deals with, issues quotes to, and sells to Federal, State, and local law Enforcement Agencies, Individual Officers, Reserve Officers, Affiliated Government Agencies (to include Government contractors), US Military, Individual Military Personnel, Retired Military Personnel with Retired ID, and Affiliated Training
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 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 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 profits, 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, fire, 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 modified 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 certified 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.
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.