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TERMS AND CONDITIONS: PLEASE READ
The Giant Loop® Armadillo Bag® is intended only for the temporary transport of permitted powersports and automotive liquids. The Armadillo Bag is not a portable or long-term fuel storage container as described by ASTM, EPA, ARB or other state or federal agencies. By purchasing and filling this product, you agree that you will use the product for its designed and intended purpose; you assume all responsibility for the proper safe use of this product.
1. GENERAL WARRANTIES OF SELLER. THE MATERIALS AND PRODUCTS ARE SUPPLIED “AS IS” AND “WITH ALL FAULTS”. No warranties except those implied by law and which cannot be excluded are given by Seller, its manufacturers, distributors, owners, employees, directors, vendors, promoters, parent companies or affiliates in respect of the materials and products supplied. SELLER EXPRESSLY DISCLAIMS THE IMPLIED WARRANTIES OF MERCHANTABILITY AND OF FITNESS FOR A PARTICULAR PURPOSE.
2. DISCLAIMER OF PRODUCT LIABILITY AND LIMITATION OF REMEDIES. Notwithstanding Seller’s excellent safety record; MOTORSPORTS AND HAZARDOUS MATERIALS HANDLING ARE INHERENTLY VERY DANGEROUS ACTIVITIES. IN ADDITION, RUBBER PRODUCTS DETERIORATE RAPIDLY WHEN EXPOSED TO LIGHT, HEAT OR REPEATED STRETCHING AND FLEXING. SUCH DETERIORATION MATERIALLY AFFECTS THE USEFUL LIFE OF RUBBER PRODUCTS.
The Buyer acknowledges and warrants that it has relied on its own skill and judgment or that of its professional advisers on the suitability of the materials or products for specific purposes and indemnifies and holds Seller harmless from and against any suit, claim, demand or compensation which the user or consumer or others may have against Seller in relation to the materials or products provided hereunder and the user or consumer’s use of the products or materials.
Where it is lawful to do so, the liability of Seller for a breach of a condition or warranty is limited to either the rectification or replacement of the materials or products or a refund of the purchase price paid for the materials or products (excluding any delivery charges), as determined by Seller in its discretion. This remedy is expressly agreed to be exclusive. To the extent permitted by law, Seller will not be liable for any consequential loss or damage suffered as a result of the use of materials or products supplied by Seller. ALL RISKS ARE ASSUMED BY THE USER OR CONSUMER.
3. TITLE AND RISK OF LOSS. Title to, and all risk of loss of, any materials or products sold hereunder shall pass to the Buyer at the point of shipment.
4. FORCE MAJEURE. Seller may, without liability, delay performance or cancel this contract on account of force majeure events or other circumstances beyond its control, including but not limited to strikes, acts of God, political unrest, embargo, failure of source of supply, or casualty.
5. GOVERNING LAW; VENUE. The parties agree this contract shall be governed by the domestic law of the State of Oregon. Venue of any action or claim shall be brought exclusively in a court of competent jurisdiction located in Deschutes County, Oregon. The prevailing party shall be entitled to recover reasonable attorney’s fees.
6. MEDIATION OF DISPUTES. Any controversy or claim arising out of this contract or the breach thereof shall first be referred to non-binding mediation, which shall occur in Deschutes County, Oregon with a mediator of the parties’ mutual choice. If the parties cannot agree on a mediator, the mediator shall be selected by the Presiding Judge of Deschutes County, Oregon.
7. WAIVER. Either party’s failure to insist upon strict performance of any of the terms of this contract will not be construed as a waiver or relinquishment, to any extent, of the right to assert or rely upon such terms, or any other terms, on any future occasion.
8. SEVERABILITY. The invalidity of any provision of this contract will not affect the validity of the remaining provisions, and this contract will be construed as if the invalid provision had been omitted.
9. ENTIRE AGREEMENT; MODIFICATION. This contract, including the attached invoice, constitutes the full understanding of the parties and is a complete and exclusive statement of the terms of their agreement. Any modification of this contract or waiver of its terms must be made in writing and signed by the party claimed to be bound by the modification. No modification of this contract shall be effected by the acknowledgment or acceptance of purchase orders, shipping instruction forms, or any other documents containing terms or conditions different from or in addition to those in this contract, all such different or additional terms being hereby objected to. Unless otherwise agreed by the parties, the provisions of Oregon Revised Statutes Chapter 72 shall apply. BY ORDERING FOR SHIPMENT ANY MATERIAL OR PRODUCT UNDER THIS CONTRACT, BUYER AGREES TO ALL THE TERMS AND CONDITIONS CONTAINED HEREIN.