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By purchasing BREACHPEN from Advanced Defense Components, Inc. (“DEFCO”), you, the buyer (“Buyer”), agree to the following:
Buyer certifies that it has read, understands and agrees to the sales conditions, liability release and disclaimer stated herein:
Buyer fully understands that the BREACHPEN:
Buyer agrees to:
Buyer further agrees it is the responsibility of the Buyer, not DEFCO to ascertain and obey all applicable local, state, federal laws regarding the possession and use of the BREACHPEN.
Limitation of Liability
Buyer understands and agrees that DEFCO and any of its subsidiaries, agents, officers, employees shall in no event be liable for any injury to person or property or any direct, indirect, incidental, consequential or exemplary damages. This shall include, but not be limited to damages for loss of profits, business interruption, or other intangible loss or damage arising out of the use of the BREACHPEN or the inability of the BREACHPEN to operate. The above limitation shall apply whether or not DEFCO has been advised of or should be aware of the possibility of such damages. In jurisdictions where the exclusion or limitation of liability for consequential or incidental damages is not allowed the liability of DEFCO is limited to the greatest extent permitted by law.
Indemnification and Hold Harmless
BUYER UNDERSTANDS AND AGREES TO INDEMNIFY, DEFEND AND HOLD HARMLESS DEFCO AND ANY OF ITS SUBSIDIARIES, AGENTS, OFFICERS, EMPLOYEES FROM ANY AND ALL INJURIES RESULTING IN ANY WAY FROM THE PURCHASE, USE, POSSESSION, DISTRIBUTION, SALE/RESALE, TRANSPORTATION, STORAGE, HANDLING OF THE BREACHPEN. BUYER AGREES TO INDEMNIFY DEFCO FOR ALL COSTS, FEES AND EXPENSES IN DEFENSE OF ANY CLAIMS OR JUDGEMENTS THAT MAY ARISE AS A RESULT FROM BUYER’S PURCHASE, USE, POSSESSION, DISTRIBUTION, SALE/RESALE, TRANSPORTATION, STORAGE, HANDLING OF THE BREACHPEN.
Disclaimer of Warranties
DEFCO hereby expressly disclaims all warranties, either expressed or implied, including any implied warranty of merchantability or fitness for a particular purpose, and DEFCO neither assumes nor authorizes any other person to assume for it any liability in connection with the sale of the BREACHPEN.
These terms and conditions shall be governed by the laws of the State of South Carolina and forum for any dispute arising from these terms and conditions shall be in the federal or state courts located in Oconee County, South Carolina.