Warranty:
Your LockJaw Synthetic Shackle is warranted to be free
from defects in material and workmanship for a period of 1
year (warranty period) from date of purchase, or if you
placed a special order with us from date of receipt of
product. During the warranty period Fusion Tools, Inc. will,
at its option, repair or replace without charge any part of
our product found to be defective in material or
workmanship (shipping cost may be subject to charge).
This warranty does not extend to any product which has
been subject to misuse, abuse, negligence, accident,
alteration, improper installation, exceeding recommended
weight limits, abrasion, scratches, discoloring, damaged
caused by usage in temperatures below freezing, contact
with items over 140 degrees Fahrenheit, wetness, extreme
weather conditions, exposure to chemicals, removed or
damaged identification markings and unauthorized repair.
If product becomes structurally damaged immediately
discontinue use.
ASSUMPTION OF RISK: YOU FULLY UNDERSTAND that: (a)
PULLING, LIFTING and RIGGING WITH LOCKJAW SYNTHETIC
SHACKLES IS AN ACTIVITY THAT INVOLVES RISK AND
DANGER of serious bodily injury, including permanent
disability, paralysis and death ("Risks"); (b) these Risks and
dangers may be caused by your own actions, or inactions,
the actions or inactions of others participating in the
activities or the condition in which the use takes place; (c)
there may be other risks and social and economic losses
either not known to Customer or not readily foreseeable at
this time; and (d) YOU FULLY ACCEPT AND ASSUME ALL
SUCH RISKS AND ALL RESPONSIBILITY FOR LOSSES,
INJURIES, COSTS, AND DAMAGES YOU incur, or may incur,
as a result of the use of LockJaw.
DISCLAIMER OF WARRANTIES AND LIMITATION OF
REMEDY:
EXCEPT FOR THE LIMITED WARRANTY SET FORTH ABOVE,
AND TO THE EXTENT ALLOWED BY LOCAL LAW, Fusion
Tools, Inc. PROVIDES NO WARRANTY WITH REGARD TO THE
LockJaw PRODUCT YOU ARE PURCHASING AND HEREBY
EXPRESSLY DISCLAIMS ANY WARRANTIES OF
MERCHANTABILITY OR FITNESS FOR ANY PARTICULAR
PURPOSE, AND ANY OTHER WARRANTY, WHATSOEVER,
EXPRESS OR IMPLIED. CUSTOMER'S EXCLUSIVE REMEDY
FOR LOSS OR DAMAGE RESULTING FROM THE LockJaw
YOU ARE PURCHASING, AND ANY OTHER SERVICES OR
PRODUCTS PROVIDED BY LockJaw SHALL BE LIMITED TO
THE ONE TIME REPLACEMENT OF THE PRODUCT(S)
PURCHASED AS SET FORTH IN THE LIMITED WARRANTY
ABOVE. IN NO EVENT SHALL LockJaw BE LIABLE FOR ANY
SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES,
WHETHER OR NOT FORESEEABLE, WHETHER BASED ON
TORT (INCLUDING NEGLIGENCE), CONTRACT, OR
OTHERWISE. FURTHER, IN ADDITION TO ANY OTHER
LIMITATIONS CONTAINED HEREIN, CUSTOMER SHALL NOT
BE ENTITLED TO RECOVER DAMAGES OR LOSSES OF ANY
KIND, WHETHER DIRECT, SPECIAL, INCIDENTAL OR
CONSEQUENTIAL WHETHER BASED IN CONTRACT OR IN
TORT BASED OR ON ANY OTHER BASIS INCLUDING
NEGLIGENCE.
RELEASE AND INDEMNITY: With the exception of the rights
arising from the Limited Warranty set forth above,
Customer hereby agrees to indemnify and hold Fusion
Tools Inc., its employees, agents, servants, insurers and
representatives) harmless of and from any claims related
to any personal injury or property damage, which indemnity
shall include any attorneys' fees or costs incurred in
connection with defense of claims for personal injury or
property damage, in any way arising from or related to this
purchase by Customer. Customer hereby releases and
discharges Fusion Tools of and from all liability, claims,
personal injuries, demands, losses or damages to
Customer or to third parties account caused or alleged to
be caused, in whole or in part, by the use of the LockJaw
purchased by Customer ("Damages"), including any
Damages based upon the negligence of Fusion Tools.
Customer covenants and agrees not to sue Fusion Tools,
Inc. for any Damages. Customer further agrees that if,
despite the promises contained in this Agreement,
Customer, or anyone on Customer's behalf, makes a claim
of any kind against Fusion Tools, Customer shall indemnify,
defend and hold harmless Fusion Tools of any from any
Damages claimed against Fusion Tools and any litigation
expenses, attorneys' fees, loss, liability, or cost which
Fusion Tools may incur as a result of such claim, to the
fullest extent permitted by law.
The invalidity in whole or in part of any of these terms and
conditions shall not affect the validity or enforceability of
any other term or condition.
These terms and conditions of purchase shall be governed
and interpreted according to laws of the United States of
America and Tennessee law. Any action to enforce this
Agreement shall have as its venue solely and exclusively in,
Sumner County, TN. By placing this order, Customer
expressly consents to personal jurisdiction over Customer
in the Tennessee courts. IN THE EVENT OF ANY LITIGATION
ARISING OUT OF, OR TO ENFORCE THIS AGREEMENT, EACH
PARTY EXPRESSLY WAIVES ALL RIGHTS TO TRIAL BY JURY
OF ANY SUCH ACTION.
The literature included with this product has been written
for your safety. If you do not accept the terms and
conditions herein do not use this product and return it
within 7 days after purchase. By keeping this product, you
are agreeing to these terms and conditions. If returning
products, return them to the store of purchase within the
warranty period. No returns will be accepted after the
warranty period unless special provisions have been made
with the store of purchase (see store of purchase for
further details). If you purchased your product directly from
Fusion Tools please contact the Fusion Tools Customer
Service Department for a Return Merchandise
Authorization (RMA) number and return shipping
instructions. Products returned to Fusion Tools without an
RMA number will not be accepted. After receipt of an RMA
number, the defective product must be returned to Fusion
Tools within 30 days of the RMA approval of it will result in
loss of refund or replacement.
Patent# 11,326,667
