DAVIS TECHNOLOGIES PRODUCTS ARE FOR CLOSED COURSE USE ONLY.
The following terms and conditions apply to all products manufactured and sold (“Products”) by Davis Technologies, LLC (“Davis”).
ASSUMPTION OF RISK – The Products are designed and manufactured for
use on closed courses only. The purchaser and/or user of the Products
assumes the risk that proper precautions are at all times in place for the
use of the Products and for the safety of the user of the Products and other
persons (such as, without limitation, spectators and course workers).
FULL AND FINAL RELEASE AND WAIVER OF LIABILITY AND ALL CLAIMS -
Vehicle racing is an inherently dangerous sport with significant risk of
personal injury and death. The Purchaser and/or end user of the Products
WAIVE AND FULLY RELEASE any owner, officer, employee or agent of Davis from
any and all liability for any loss, damage, injury or expense that the
Purchaser and/or end user may suffer as a result of the use of the Product
due to any cause whatsoever, including negligence, gross negligence, breach
of contract, or breach of any statutory or other duty of care.
AGREEMENT TO INDEMNIFY, TO SAVE AND HOLD HARMLESS – The Purchaser
and/or end user agree to indemnify and to save and hold harmless any owner,
officer, employee or agent of Davis from any litigation expense, legal fees,
liability, damage, award or cost, of any form or type whatsoever, they may
incur due to any claim made against them or any one of them by Purchaser
and/or end user, or Purchaser and/or end user’s estate, whether the claim is
based on the negligence or the gross negligence of Purchaser and/or end
user, or otherwise as stated above.
PROPER USE OF PRODUCTS – Purchaser and/or end user are solely
responsible that the intended and actual use of any Product is made in
compliance with any manuals provided with the Product or other information
provided by Davis in writing and which specifically references the Product.
Purchaser and/or end user may not rely on any oral information or statements
provided by Davis or in any forum or other source of information regarding
the Products. It is the Purchaser and/or end user’s responsibility to
inspect and verify the dimensions, specifications, and performance of the
Products as being appropriate for the use to which the user will put them
prior to any actual installation and/or use. The Products are to be
inspected by the Purchaser and/or end user before each use for evidence of
damage, defect or wear. The installation of the Products may adversely
affect other vehicle components, safety equipment or manufactured goods
(collectively "goods"). Davis assumes no responsibility for any damage to
other goods, or bodily injury that may arise due to failure of other goods,
due to installation and/or use, either proper or improper, of its Products.
Davis agrees to inspect any Product up to sixty days after the
date of original purchase from Davis and may, at its sole discretion,
replace any Product that it determines does not comply with specifications.
Shipping to and from Davis is at Purchaser’s sole expense. Otherwise, the
PRODUCTS (INCLUDING PARTS RESOLD BY DAVIS) ARE SOLD "AS IS" WITHOUT ANY
WARRANTY, WRITTEN OR ORAL, WHATSOEVER. EXPRESS WARRANTIES, IMPLIED
WARRANTIES, WARRANTIES OF MERCHANTABILITY AND WARRANTIES OF FITNESS FOR A
PARTICULAR PURPOSE ARE EXCLUDED. THE ENTIRE RISK OF QUALITY AND PERFORMANCE
OF THE PRODUCTS IS WITH THE BUYER, USER, SUBSEQUENT USER, OR AGENT THEREOF
(HEREIN "USER"). SHOULD THE PRODUCTS PROVE DEFECTIVE FOLLOWING THEIR
PURCHASE, THE BUYER AND NOT DAVIS, ANY DISTRIBUTOR(S), OR RETAILER(S),
ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICES OR REPAIR AS RESULT OF A
DAVIS DISCLAIMS ALL LIABILITY FOR ANY SPECIAL, DIRECT,
INCIDENTAL OR CONSEQUENTIAL DAMAGES, OR ANY DAMAGES WHATSOEVER, INCLUDING,
WITHOUT LIMITATION, THE LOSS OF LIFE OR LIMB, OR DAMAGES DUE TO BODILY OR
PERSONAL INJURY, WHICH MAY ARISE OR RESULT FROM THE SALE, INSTALLATION, OR
USE OF THE PRODUCTS.