|TERMS OF SALE, DISCLAIMERS, WAIVERS AND INDEMNITY: By placing a bid/purchasing this or any other product (“Item”) from Seller or Seller’s affiliates (collectively known as “Seller”), no matter in which venue or location the sale is consummated, you (“Purchaser”) represent that you are of legal age (18 years or older) to use the Item, enter into this Terms of Sale (“Agreement”), and become bound by the terms of this Agreement. Purchaser acknowledges and understands that there are inherent risks involved in using any product, even while using protective equipment (which Purchaser is responsible to investigate and obtain), including, but not limited to: serious physical injury and possibly death. Purchaser acknowledges that Seller is neither the manufacturer of this Item nor an agent of the manufacturer. Purchaser waives and releases any and all liability of Seller and any and all claims against Seller for damages, causes of actions, losses, costs, injuries, penalties, expenses, attorney’s fees and liabilities of whatever nature whether in tort, negligence, gross negligence, contract, warranty or strict liability, including, without limitation, those resulting from injuries or deaths of persons and damage to property resulting from, or arising out of or in connection with the use of the Item, loss, damage or liability resulting from negligence, gross negligence, operational deficiencies or failures, acts of God, or other cause (whether such causes are avoidable or not) caused in whole or in part, directly or indirectly by Purchaser, Seller's employees, representatives, agents or third parties (collectively, “Specified Claims”). Under no circumstances shall Seller be responsible for ANY INCIDENTAL, INDIRECT, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, OR LOST PROFITS, WHETHER LIABILITY IS ASSERTED IN CONTRACT, TORT OR NEGLIGENCE (GROSS NEGLIGENCE OR OTHERWISE), AND IRRESPECTIVE OF WHETHER THE SELLER HAS BEEN ADVISED OR IS AWARE OF THE POSSIBILITY OF ANY SUCH LOSS OR DAMAGE. PURCHASER HEREBY WAIVES ANY CLAIM THAT THESE EXCLUSIONS DEPRIVE PURCHASER OF AN ADEQUATE REMEDY. Purchaser agrees to indemnify, defend and hold Seller and its parent, subsidiaries and affiliates, and their respective directors, officers and employees, agents, shareholders, members, partners, and representatives (“Indemnified Parties”), harmless from and against any and all Specified Claims. Seller hereby excludes and disclaims all claims, express and implied, with respect to the Item, including without limitation, any implied warranties of merchantability, fitness for a particular purpose, or that the Item is free from latent defects. Purchaser has had the opportunity to contact Seller to ask any questions regarding this Item prior to purchase. Item is sold in its current “as/is” condition as described. The exclusive remedy of Purchaser, and Seller’s sole obligation, in the event of any warranty claims, shall be for Seller to repair the defect in the Item, if possible and practical, in a reasonable manner. Purchaser knowingly and freely assumes all risks of ownership and use, known and unknown, of the Item. If Purchaser loans, re-sells, gifts, or transfers the Item, Purchaser will obtain transferee’s agreement of all the terms contained in this Agreement. Should any legal cause of action arise, the Purchaser agrees to defend the Indemnified Parties, and hold harmless, and forever release the Indemnified Parties, from and against any and all claims, actions, costs, expenses (including reasonable attorneys’ fees and costs) losses, liabilities, and damages that result or arise, directly or indirectly, from Purchaser’s breach of this Agreement. PURCHASER WARRANTS THAT THEY HAVE READ, UNDERSTOOD, AND ACKNOWLEDGE THAT THEY HAVE GIVEN UP SUBSTANTIAL RIGHTS BY THIS AGREEMENT, AND AGREE TO THESE TERMS FREELY AND VOLUNTARILY WITHOUT ANY INDUCEMENT.|
Governing Law and Consent to Jurisdiction; WAIVER OF JURY TRIAL: This Agreement shall be construed and enforced in accordance with and governed by the laws of the State of Florida (without giving effect to any conflicts or choice of laws or provisions thereof that would cause the application of the domestic substantive laws of any other jurisdiction). The parties expressly and irrevocably consent to the exclusive venue, and each further agree to submit to the exclusive jurisdiction of, the courts located in Broward County, Florida relating to any disputes between them arising out of or relating to this Agreement, the Item or their relationship. EACH OF THE PARTIES HERETO VOLUNTARILY AND IRREVOCABLY WAIVES TRIAL BY JURY IN ANY ACTION OR OTHER PROCEEDING BROUGHT IN CONNECTION WITH THIS AGREEMENT, THE ITEM OR ANY OF THE TRANSACTIONS CONTEMPLATED HEREBY.
International Buyers: Import duties, taxes, charges and brokerage fees (typically collected upon delivery or pickup) are the buyer’s responsibility and are not included in the item’s price or shipping charges. Please check with your country’s customs office prior to bidding/buying to determine what the costs will be, and to ensure the item you are purchasing is legal in your country.