Personal Protective Equipment Terms
Buyer acknowledges that Bestop PRP, LLC (“Company”) is not traditionally in the business of manufacturing the products set forth at https://www.prpseats.com/product-category/clothing/ppe/ (the “Products”), and is retrofitting its production facilities in the wake of the COVID-19 pandemic to provide Products to those in need of such supplies for their own personal non-commercial use. The Products (including without limitation any face masks sold by Company) are not medical grade and are not FDA approved. No masks sold by Company are N95, KN95, or similarly rated. The Products are not designed to be used, and should not be used: (a) in any surgical setting or where significant exposure to liquid, bodily or other hazardous fluids, may be expected; (b) in a clinical setting where the infection risk level through inhalation exposure is high; or (c) in the presence of a high-intensity heat source or flammable gas. The Company assumes no liability for illness (including without limitation, death), injuries, or damages arising from the use of the Products.
ALL PRODUCTS ARE PROVIDED AS-IS AND WITHOUT WARRANTY, AND COMPANY MAKES NO AND HEREBY EXPRESSLY DISCLAIMS ANY AND ALL REPRESENTATIONS, WARRANTIES AND CONDITIONS OF ANY KIND OR NATURE, EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, WHETHER WRITTEN OR ORAL, INCLUDING WITHOUT LIMITATION, REPRESENTATIONS, WARRANTIES AND CONDITIONS OF SATISFACTORY QUALITY, PERFORMANCE, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE. COMPANY DOES NOT WARRANT THAT THE PRODUCTS PREVENT INFECTION, OR PREVENT THE TRANSMISSION OF VIRUSES OR DISEASES. COMPANY DOES NOT WARRANT THAT THE PRODUCTS COMPLY WITH ANY MEDICAL OR CLINICAL STANDARDS, REQUIREMENTS, OR GUIDELINES. COMPANY DOES NOT WARRANT THE FIT OF ANY MASK, AND IT IS YOUR SOLE RESPONSIBITY TO ENSURE A PROPER FIT.
You (on behalf of yourself and any person to whom you provide any Products) hereby forever waive, release, relinquish, hold harmless, agree not to sue, and discharge Company, its directors, officers, affiliates, employees and agents from any and all claims, losses, damages, liabilities, suits, causes of action, and/or expenses (including attorneys’ fees and costs) of any and all kind whatsoever for any injury, damage, loss, disability, death and/or other loss, whether personal or property, arising out of or in any way connected with the Products, including without limitation, your purchase and/or use of the Products. In addition, you understand, acknowledge and agree that should you suffer any injury, disability, damage, death and/or other loss arising out of or in any way connected with the Products or your use of the Products, you are solely and exclusively responsible and liable for any and all medical expenses incurred. These releases are intended to be enforced to the fullest extent permitted by law and include a release of claims of negligence, as well as claims for personal injury or wrongful death.
IN NO EVENT WILL COMPANY BE LIABLE FOR SPECIAL, INDIRECT, CONSEQUENTIAL, OR INCIDENTAL DAMAGES, EVEN IF COMPANY HAS BEEN ADVISED OF THE POS¬SIBILITY OF SUCH DAMAGES. COMPANY’S TOTAL CUMULATIVE LIABILITY FOR ALL CLAIMS ARISING OUT OF OR RELATING TO ANY PRODUCT SHALL NOT EXCEED THE AMOUNT PAID BY YOU FOR THE PRODUCT GIVING RISE TO THE CLAIM, REGARDLESS OF THE FORM IN WHICH ANY LEGAL OR EQUITITABLE ACTION MAY BE BROUGHT AGAINST COMPANY.
All Products are non-returnable and non-refundable. All Product delivery dates are estimates, and you acknowledge that due to the COVID-19 pandemic, shipping and delivery times may be significantly delayed. Any dispute between Company and you will be governed by the substantive laws (not including the laws which might apply the laws of another jurisdiction) of the State of California and you hereby consent to exclusive jurisdiction in California. If any provision of this agreement is, for any reason, held to be invalid or unenforceable, the other provisions of this agreement will be unimpaired and the invalid or unenforceable provision will be deemed modified so that it is valid and enforceable to the maximum extent permitted by law. This agreement is the final, complete, and exclusive agreement of the parties with respect to the subject matter hereof and supersedes and merges all prior communications and understandings between the parties.