SuperBrace warrants that its products will be free from defects in materials or workmanship, provided however, that the liability of SuperBrace under this warranty is limited to the repair or replacement of any part or parts which shall be returned to SuperBrace within 30 days after buyer’s receipt with transportation pre-paid and which shall upon examination by SuperBrace be determined to the satisfaction of SuperBrace to have been defective. Any products purchased hereunder that might in any manner have been altered outside SuperBrace's premises shall not be covered by any warranty. (Powder coating, however, does void said warranty.) There are no warranties, express or implied, which extend beyond the description on the face hereof, including implied warranties of merchant-ability or fitness.
Purchaser hereby recognizes the hazards and risks involved in the use of the equipment and as a part of the consideration of the execution of this agreement by SuperBrace, purchaser hereby assumes all of the risk of the use of said equipment, and agrees to hold SuperBrace harmless from and to reimburse and indemnify it, - against all claims, damage suits, actions, liability, recoveries and judgments arising from and to the extent of Purchaser’s use of said equipment.
Purchaser hereby waives any and all claims for property damage and/or personal injuries, which Purchaser of any other person may suffer as a result of the use of, said equipment. The Purchaser acknowledges that he assumes the risk of any loss, from injury or damage to himself or others, due to using SuperBrace parts and holds harmless SuperBrace and it’s owners, agents, officers, heirs, assigns and all employees.
Purchaser agrees that each paragraph and provision of the Agreement is severable in the event one portion thereof is invalid, that in such event the remaining portions shall, nevertheless remain in full force and effect.
Purchaser hereby certifies that he/she has read and understands this purchase agreement. This Agreement contains the entire understanding between Purchaser and SuperBrace; no other representation or inducement, verbal or written has been made which is not set forth herein.
Purchaser acknowledges that this Agreement shall be binding upon his or her estate, executor, personal representatives and heirs. This contract is subject to California laws.
Part of the purchase price of this equipment is that the Purchaser must take and assume all risks and liability, known or unknown, arising from its use.