LIMITED WARRANTY AND TERMS AND CONDITIONS OF PURCHASE
By placing your order for Tactical Recovery Equipment products you (also referred to as “Customer”) agree to the following terms and conditions: You understand that the use of a Tactical Recovery Equipment product requires care, particularly when the product is used for vehicle recovery. You understand that the Tactical Recovery Equipment product should only be used in accordance with the instructions and care requirements of the product. The customer should regularly check the product for wear and tear and no Tactical Recovery Equipment product with signs of wear should be used for any purpose. By placing your order you agree to the terms of sale outlined in this agreement between you and G&G Performance, LLC, d/b/a Tactical Recovery Equipment, 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: Tactical Recovery Equipment warrants that the product you purchase will be free from manufacturing defects under normal use for a period of one (1) year from the date of purchase. In the event the Tactical Recovery Equipment product you purchase fails under normal use within one (1) year from the date of original purchase, Tactical Recovery Equipment will replace it one time without charge. As a condition of replacement, you must return the Tactical Recovery Equipment product that you claim is defective to us for inspection within thirty (30) days of the failure of the product. All returns must be delivered to: Tactical Recovery Equipment, 4679 S. Valley View Blvd, Las Vegas, NV 89103. No claims for replacement involving damage to the Tactical Recovery Equipment product as a result of improper use or abuse of the product will be honored. This Limited Warranty is given to you in lieu of all other warranties express or implied. This Limited Warranty gives Customer specific legal rights and you may also have other rights which vary from state to state in the United States and from country to country elsewhere in the world.
ASSUMPTION OF RISK: YOU FULLY UNDERSTAND that: (a) VEHICLE RECOVERY USING TACTICAL RECOVERY EQUIPMENT IS AN ACTIVITY THAT INVOLVES RISK AND DANGER of serious bodily injury, including permanent disability, paralysis and death (“Risks”); (b) these Risks and dangers may be caused by your own actions, or inactions, the actions or inactions of others participating in the vehicle recovery activities or the condition in which the recovery takes place; (c) there may be other risks and social and economic losses either not known to Customer or not readily foreseeable at this time; and (d) YOU FULLY ACCEPT AND ASSUME ALL SUCH RISKS AND ALL RESPONSIBILITY FOR LOSSES, INJURIES, COSTS, AND DAMAGES YOU incur, or may incur, as a result of the use of Tactical Recovery Equipment products.
DISCLAIMER OF WARRANTIES AND LIMITATION OF REMEDY: EXCEPT FOR THE LIMITED WARRANTY SET FORTH ABOVE, AND TO THE EXTENT ALLOWED BY LOCAL LAW, G&G Performance, LLC. D/B/A Tactical Recovery Equipment PROVIDES NO WARRANTY WITH REGARD TO THE Tactical Recovery Equipment PRODUCT YOU ARE PURCHASING AND HEREBY EXPRESSLY DISCLAIMS ANY WARRANTIES OF MERCHANTABILITY OR FITNESS FOR ANY PARTICULAR PURPOSE, AND ANY OTHER WARRANTY, WHATSOEVER, EXPRESS OR IMPLIED. CUSTOMER’S EXCLUSIVE REMEDY FOR LOSS OR DAMAGE RESULTING FROM THE TACTICAL RECOVERY EQUIPMENT PRODUCT YOU ARE PURCHASING, AND ANY OTHER SERVICES OR PRODUCTS PROVIDED BY TACTICAL RECOVERY EQUIPMENT, 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 TACTICAL RECOVERY EQUIPMENT 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, CUSTOMER 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, Customer hereby agrees to indemnify and hold Tactical Recovery Equipment (all references to “Tactical Recovery Equipment” in this paragraph shall include G&G Performance, LLC. d/b/a Tactical Recovery Equipment, 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 attorneys’ fees or costs incurred in connection with defense of claims for personal injury or property damage, in any way arising from or related to this purchase by Customer. Customer hereby releases and discharges Tactical Recovery Equipment of and from all liability, claims, personal injuries, demands, losses or damages to Customer or to third parties account caused or alleged to be caused, in whole or in part, by the use of the Tactical Recovery Equipment products purchased by Customer (“Damages”), including any Damages based upon the negligence of Tactical Recovery Equipment. Customer covenants and agrees not to sue Tactical Recovery Equipment for any Damages. Customer further agrees that if, despite the promises contained in this Agreement, Customer, or anyone on Customer’s behalf, makes a claim of any kind against Tactical Recovery Equipment, Customer shall indemnify, defend and hold harmless Tactical Recovery Equipment of any Damages claimed against Tactical Recovery Equipment and any litigation expenses, attorneys’ fees, loss, liability, or cost which Tactical Recovery Equipment 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 United States of America and Nevada law. Any action to enforce this Agreement shall have as its venue solely and exclusively in, Clark County, Nevada. By placing this order, Customer expressly consents to personal jurisdiction over Customer in the Nevada courts. 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 by Customer of TACTICAL RECOVERY EQUIPMENT products.