ENVIRONMENTAL DEFENCE SYSTEMS LTD - LIMITED WARRANTY AND TERMS AND CONDITIONS OF PURCHASE
By placing your order for FloodSax® via this website or an authorized distributor or dealer, buyer (also referred throughout as “PURCHASER”) agree to the following terms and conditions: PURCHASER understand that the use of FloodSax® product requires care, particularly when being activated and deployed. PURCHASER understand that the FloodSax® product should only be used in accordance with the instructions and care requirements of the product. By placing your order PURCHASER agree to the terms of sale outlined in this agreement between PURCHASER and Environmental Defence Systems Limited or an authorized dealer, including the disclaimer of warranties and limitation of remedies that are part of this agreement and agree to be bound by all of its terms and conditions.
LIMITED WARRANTY: Environmental Defence Systems Limited warrants that the product PURCHASER purchase will be free from manufacturing defects for a period of Five (5) years from the date of purchase providing that your FloodSax® are stored and kept in their original packaging and your FloodSax® are not exposed to direct sunlight prior to activation and your FloodSax® are not exposed to moisture prior to deployment and your FloodSax® are not used in a dry state in a flowing liquid.
In the unlikely event the your Environmental Defence Systems Limited has a manufacturing defect within five (5) years from the date of original purchase, Environmental Defence Systems Limited will replace it without charge. As a condition of replacement, PURCHASER must return the FloodSax® product that PURCHASER claim is defective to us for inspection within thirty (30) days of the failure of the product. The FloodSax® must be returned in their original FloodSax® packaging, including in the return there must be a letter stating the reason for return. PURCHASER must also return a copy of the original purchase invoice. All returns must be delivered to: 21 MacCullough Drive, New Castle Deleware, 19720, or outside the United States Giraffe Logistics Limited, Unit 6, Junction 38 Business Park, Huddersfield Road, Darton, Barnsley, S75 5QQ United Kingdom. No claims for a replacement involving damage to the FloodSax® as a result of improper use or abuse of the product will be honoured. This Limited Warranty is given to PURCHASER in lieu of all other warranties express or implied.
ASSUMPTION OF RISK: PURCHASER FULLY UNDERSTAND that using any FloodSax® in a flood situation can involve RISK AND DANGER these risks and dangers may be caused by your own actions, or inactions, the actions or inactions of others participating in flood defense. There may be other risks and social and economic losses either not known to PURCHASER or not readily foreseeable at this time; and (d) PURCHASER FULLY ACCEPT AND ASSUME ALL SUCH RISKS AND ALL RESPONSIBILITY FOR LOSSES, INJURIES, COSTS, AND DAMAGES PURCHASER incur, or may incur, as a result of the use of FloodSax®.
DISCLAIMER OF WARRANTIES AND LIMITATION OF REMEDY: EXCEPT FOR THE LIMITED WARRANTY SET FORTH ABOVE Environmental Defence Systems Limited PROVIDES NO WARRANTY WITH REGARD TO THE FloodSax® PRODUCT PURCHASER ARE PURCHASING AND HEREBY EXPRESSLY DISCLAIMS ANY WARRANTIES OF MERCHANTABILITY OR FITNESS FOR ANY PARTICULAR PURPOSE, AND ANY OTHER WARRANTY, WHATSOEVER, EXPRESS OR IMPLIED. PURCHASERS EXCLUSIVE REMEDY FOR LOSS OR DAMAGE RESULTING FROM THE FloodSax® PRODUCT YOU ARE PURCHASING, AND ANY OTHER SERVICES OR PRODUCTS PROVIDED BY Environmental Defence Systems Limited, 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 Environmental Defence Systems Limited 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, PURCHASER 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, PURCHASER hereby agrees to indemnify and hold Environmental Defence Systems Limited (all references to “FloodSax®” in this paragraph shall include Environmental Defence Systems Limited, 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 Lawyers’ fees or costs incurred in connection with defence of claims for personal injury or property damage, in any way arising from or related to this purchase. Purchaser hereby releases and discharges Environmental Defence Systems Limited of and from all liability, claims, personal injuries, demands, losses or damages to the PURCHASER or to third parties account caused or alleged to be caused, in whole or in part, by the use of the FloodSax® products purchased (“Damages”), including any damages based upon the negligence of FloodSax®. The purchaser covenants and agrees not to sue Environmental Defence Systems Limited for any Damages. The purchaser further agrees that if, despite the promises contained in this agreement, PURCHASER, or anyone on the your behalf, makes a claim of any kind against Environmental Defence Systems Limited, the purchaser shall indemnify, defend and hold harmless Environmental Defence Systems Limited of any from any damages claimed against Environmental Defence Systems Limited and any litigation expenses, lawyers’ fees, loss, liability, or cost which Environmental Defence Systems Limited 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 English and Wales. Any action to enforce this Agreement shall have as its venue solely and exclusively in England. 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.
This document contains the entire agreement between the parties with respect to the purchase of the FloodSax® products.