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Contract of Sale/Disclaimer

 
 

SINGLE USE

 

WARNING: THE BIRTHBUDDY® IS A SINGLE-USE BIRTH SUPPORT TOOL AND SHOULD BE USED FOR ONLY ONE MOTHER's BIRTH. DURING USE, THE BIRTHBUDDY MAY ABSORB BODILY FLUIDS OF THE USER, OR FROM THE USER’S ENVIRONMENT, WHICH FLUIDS CAN TRANSMIT DISEASE. ACCORDINGLY, THE BIRTHBUDDY MUST BE USED FOR ONLY ONE MOTHER'S BIRTH. BECAUSE OF THE RISK OF DISEASE TRANSMISSION AFTER USE, THE BIRTHBUDDY MAY NOT BE RESOLD. ANY RESELLING OF ANY BIRTHBUDDY IS A VIOLATION OF THE CONTRACT OF SALE. NO RESALES OF ANY BIRTHBUDDY ARE AUTHORIZED OR PERMITTED BY GUARDIAN BIRTHCARE (THE”COMPANY”).    
   

DISCLAIMER OF WARRANTIES

 
THE COMPANY WARRANTS THE BIRTHBUDDY (AS DESCRIBED AND DISPLAYED IN THE COMPANY’S WEBSITE AT WWW.BIRTHBUDDY.COM) TO BE FREE FROM DEFECTS IN MATERIAL AND WORKMANSHIP UNDER NORMAL USE FOR WHICH IT WAS INTENDED. THE COMPANY’S OBLIGATION UNDER THIS WARRANTY IS LIMITED TO (A) REPLACING THE BIRTHBUDDY IF THE ORIGINAL PURCHASED PRODUCT WAS FOUND TO BE DEFECTIVE, OR (B) A REFUND OR CREDIT TO THE ORIGINAL PURCHASER OF THE PRICE PAID FOR THE PRODUCT; PROVIDED THAT IN ANY CASE, THE PRODUCT IS RETURNED TO THE COMPANY NOT LATER THAN 9 MONTHS AFTER THE PURCHASE DATE WITH A COPY OF THE PURCHASE ORDER OR RECEIPT AND THE SEALED PRODUCT HAS NOT BEEN BROKEN OPEN. SHIPPING COSTS SHALL BE PAID BY THE PURCHASER. 

 
 

THIS SHALL BE THE LIMIT OF THE COMPANY’S LIABILITY FOR ANY AND ALL MATTERS FOR ANY BREACH OF WARRANTY OR ANY OTHER CLAIM, INCLUDING BUT NOT LIMITED TO, THOSE UNDER CONTRACT OR TORT LAW. THE COMPANY MAKES NO OTHER WARRANTY, EXPRESS, IMPLIED, IN FACT OR BY LAW, STATUTORY, OR OTHERWISE, WITH RESPECT TO THE BIRTHBUDDY, INCLUDING WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF RELIABILITY, USEFULNESS, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT.

 

 
THE COMPANY DOES NOT WARRANT THIS PRODUCT TO MEET THE REQUIREMENTS OF ANY SAFETY CODE OF ANY STATE, MUNICIPALITY, OR OTHER JURISDICTION, AND PURCHASER ASSUMES ALL RISKS AND LIABILITY WHATSOEVER RESULTING FROM THE USE THEREOF, WHETHER USED SINGLY OR IN COMBINATION WITH OTHER PRODUCTS OR APPARATUS.

 

 

LIMITATION OF REMEDIES

 

 

THE COMPANY IS NOT LIABLE IN ANY EVENT FOR ANY SPECIAL, EXEMPLARY, CONSEQUENTIAL, INCIDENTAL, PUNITIVE, OR LIQUIDATED DAMAGES. THE COMPANY IS NOT LIABLE FOR ANY PENALTIES. THE COMPANY LIABILITY HEREUNDER UNDER ANY THEORY OF LIABILITY IS EXPRESSLY LIMITED AT THE OPTION OF THE COMPANY:

 (A) TO THE REPLACEMENT AT THE AGREED POINT OF DELIVERY OF THE BIRTHBUDDY IF FOUND TO BE DEFECTIVE, OR (B) TO A REFUND OR CREDIT TO THE ORIGINAL PURCHASER OF THE PRICE PAID FOR SUCH PRODUCT. 

 THE ORIGINAL PURCHASER ASSUMES THE RESPONSIBILITY FOR INSURING AGAINST OR OTHERWISE BEARING THE RISK OF GREATER DAMAGES, WHETHER OR NOT FORESEEABLE BY THE COMPANY. 

 

WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, THIS EXCLUSION FROM LIABILITY ENCOMPASSES, BUT IS NOT LIMITED TO, THE PURCHASER’S PROPERTY AND PERSONAL INJURY DAMAGES, DAMAGES FOR WHICH THE PURCHASER MAY BE LIABLE TO OTHER PERSONS, DAMAGES TO PROPERTY, AND INJURY TO OR DEATH OF ANY PERSONS. THE COMPANY NEITHER ASSUMES NOR AUTHORIZES ANY PERSON TO ASSUME FOR IT ANY OTHER LIABILITY IN CONNECTION WITH THE SALE OR USE OF THE COMPANY’S PRODUCT, AND THERE ARE NO ORAL AGREEMENTS OR WARRANTIES ASSOCIATED WITH OR AFFECTING THE COMPANY’S PRODUCTS. 

 

 THE LIMITATIONS OF LIABILITY SET FORTH ABOVE ARE INTENDED TO LIMIT THE COMPANY’S LIABILITY AND WILL APPLY NOTWITHSTANDING THE FAILURE OF THE ESSENTIAL PURPOSE OF ANY LIMITED REMEDY.

   

NO REMEDY IS AVAILABLE WITH RESPECT TO ANY BIRTHBUDDY WHICH HAS BEEN RESOLD, USED MORE THAN ONE TIME, IN ANY MANNER ALTERED, OR USED IN A MANNER NOT IN ACCORDANCE WITH THE COMPANY’S PRINTED INSTRUCTIONS, IF ANY, OR HAS BEEN SUBJECTED TO MISUSE, NEGLIGENCE OR ACCIDENT.