PRODUCT LIABILITY DISCLAIMER TERMS OF USE, WARRANTY & LIABILITY WAIVER
The Foam Box Inc. offers its products with the terms, conditions and notices as follows. The following terms and conditions apply to all sales and uses. Please review carefully. These terms and conditions include limited warranties and disclaimers of liabilities. Keeping, using or allowing use of The Foam Box’s products indicates your agreement to these terms.
Terms of use
This product is offered to you conditioned upon your acceptance without modification of the terms, conditions, and notices contained herein.
Exclusive Obligation
This product has been designed for a variety of uses, but was neither designed nor manufactured as a product to lift heavy charges. This product may not be used to support or elevate any dolly any crane or any jib and that use is expressly prohibited under the terms and conditions of its use.
Use limitation
You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell, any information, products or services obtained, from The Foam Box’s website or its products.
Limited Replacement Warranty
This product is warranted against any manufactured defect for a period of twelve months from date of purchase.
Assumption of Risk
By buying, using, or allowing the use of The Foam Box’s products, you understand and agree that you expose yourself to certain risk and, to the extent permitted by law, YOU EXPRESSLY AND VOLUNTARILY ASSUME THE RISK OF DEATH OR OTHER PERSONAL INJURY SUSTAINED WHILE USING THIS PRODUCT IN SUCH ACTIVITIES WHETHER OR NOT CAUSED BY THE NEGLIGENCE OR OTHER FAULT OF The Foam Box Inc. including but not limited to equipment malfunction from whatever cause, or any other fault of The Foam Box Inc. Additionally, you agree to indemnify, defend, and hold The Foam Box Inc. harmless from any third party claims arising from such Activities or any others.
Limitation Of Liability
As set forth above under the limited warranty provisions, The Foam Box Inc. liability is limited to repair or replacement of its products which are returned to it in the specified period of time. In no event shall The Foam Box Inc. liability exceed the value of the product(s) sold. In no event shall The Foam Box Inc. be liable for any direct, indirect, punitive, incidental, special or consequential damages whatsoever arising out of or connected with the use or misuse of any of its products.
Warning
Use and misuse of products sold by The Foam Box Inc. involves serious risks including injury, disability and death. Purchasers assume all risks.
Inspect Before Each Use
This product must be inspected for use to ensure it has not been damaged in shipment. If damaged, do not use and immediately return the product to The Foam Box Inc. for a replacement.
Entire Obligation
The PRODUCT LIABILITY DISCLAIMER document states the entire obligation of The Foam Box Inc. with respect to the products. If any part of this disclaimer is determined to be void, invalid, unenforceable or illegal, including, but not limited to the warranty disclaimers and liability disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall remain in full force and effect.
Applicable Law
Your order from The Foam Box Inc., and this disclaimer statement are governed by the laws of the province of Quebec, Canada. You hereby consent to the exclusive jurisdiction and venue of the Supreme Court of Canada, in all disputes arising out of or relating to the use of this product. Use of this product is unauthorized in any jurisdiction that does not give effect to all provisions of these terms and conditions, including without limitation this paragraph.
Modification of Terms and Conditions
The Foam Box Inc. reserves the right to change the terms, conditions, and notices under which it’s products are offered.