Seller's(uninsured United Parachute Technologies, LLC. referred to herein as “UPT”) offer to sell the Products to Buyer is expressly limited to Buyer's acceptance to these terms and conditions
Using this system, for sport or personal pleasure, is of my own free will. I acknowledge that skydiving involves certain inherent risks of personal injury or death. I realize that UPT. has verified the quality of this material or construction method prior to manufacturing this system, but that the risk of personal injury or death is always present, just as it is in other high risk sports such as motorcycling riding, skiing and scuba diving.
I acknowledge the fact that uninsured United Parachute Technologies LLC. and all associated parties are unwilling to provide me with the Mutant System unless I freely acknowledge the risk involved and knowingly release such party from any claims I might otherwise assert on a theory of unsafe or defective parachute equipment. I therefore do freely and voluntarily release and discharge such party any and all claims, which I or my heirs or personal representatives might have on account of personal injuries or death I might suffer while using this parachute.
I UNDERSTAND THAT PARACHUTE SYSTEMS SOMETIMES FAIL TO OPERATE CORRECTLY, EVEN WHEN PROPERLY MANUFACTURED, ASSEMBLED AND OPERATED. YOU RISK SERIOUS INJURY AND DEATH EACH TIME YOU USE THIS PARACHUTE.
Product Updates: It is expressly agreed and understood by and between the parties hereto that the design or construction of any of the products, or any part thereof, may at any time be revised, changed or modified by UPT, without obligation on the part of UPT to make such changes or improvements on products previously ordered or shipped, and that any model may be discontinued at any time, without notice to or the consent of the customer. All orders shall be deemed to refer to models and revisions current at the time such orders are received by UPT unless specified otherwise.
Returned Shipments: Buyer shall be assessed a fee for any shipment returned as undeliverable or shipment refused. This fee shall be the sum of all shipping, handling and appropriate administrative charges.
Liability: Neither party shall be liable for any debts, accounts, obligations, torts or other liabilities of the other party, or of that party’s agents or employees, except as this Agreement may otherwise provide. Buyer shall indemnify hold harmless and defend UPT, against any and all claims, damages, causes of action and attorney's fees and liabilities, which Buyer and Buyers agents, employees, directors or officers may cause or incur, that are contrary to the express provision of this purchase.
Limitation of Liability: IN NO EVENT SHALL EITHER PARTY BE LIABLE TO THE OTHER OR ANY THIRD PARTY FOR SPECIAL, INCIDENTAL EXEMPLARY, CONSEQUENTIAL OR INDIRECT DAMAGES ARISING OUT OF THIS PURCHASE, INCLUDING, BUT NOT LIMITED TO, LOST PROFITS, BUSINESS INTERRUPTION, OR COVER, EVEN IF SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANY OTHER PROVISION OF THIS PURCHASE, UPT'S MAXIMUM LIABILITY FOR DAMAGES RELATED TO THE PRODUCTS AND SERVICES PROVIDED HEREUNDER SHALL BE LIMITED TO THE PAYMENTS MADE BY BUYER AND CUSTOMER UNDER THIS AGREEMENT FOR THE PARTICULAR PRODUCTS OR SERVICES WHICH GIVE RISE TO SUCH DAMAGES.
In case any claim is made against UPT for damages, losses or expenses in excess of or addition to the amount paid for the products or services, Buyer shall, at his own expense, defend, hold harmless indemnify UPT therefrom. Buyer shall indemnify UPT and keep indemnified against all claims, losses, liabilities, costs, damages and expenses whatsoever, including reasonable attorney's fees, that UPT may incur by reason of Buyer's negligence or improper actions in connection with the marketing, distribution, installation, use, or support of products and services or arising out of any representation or warranty given by the Buyer without UPT authorization.
Disclaimer of Warranties: EACH PARTY ACKNOWLEDGES AND AGREES THAT EXCEPT FOR THE WARRANTIES PROVIDED IN THIS SECTION, ALL WARRANTIES, WHETHER EXPRESSED, IMPLIED OR STATUTORY, AND INCLUDING ALL WARRANTIES WHICH MIGHT ARISE FROM COURSE OF DEALING OR CUSTOM OR TRADE AND INCLUDING ALL IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, ARE HEREBY EXPRESSLY DISCLAIMED BY THE OTHER PARTY. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, CUSTOMER ACKNOWLEDGES AND AGREES THAT UPT PRODUCTS ARE PROVIDED TO CUSTOMERS WITH NO WARRANTIES.
Indemnification: Each party will defend, indemnify, and hold harmless the other party, including its officers, directors, agents, technology partners and employees, from any and all third-party claims, liabilities, costs or expenses, including reasonable attorney fees and claim(s) resulting from the indemnifying party’s breach of the above warranties. Each party agrees to: (i) promptly notify the other party in writing of any potential Claim and shall give the other party the opportunity to defend or negotiate a settlement of any such Claim at the party's expense; and (ii) cooperate fully with the other party, at that other party's expense, in defending or settling such Claim. UPT reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by UPT hereunder and in such event, UPT shall have no further obligation to provide indemnification for such matter hereunder.