TERMS AND CONDITIONS
THE FOLLOWING TERMS AND CONDITIONS APPLY TO ALL SALES AND USES. THESE TERMS AND CONDITIONS INCLUDE DISCLAIMERS OF LIABILITY, LIMITED WARRANTIES AND ARBITRATION PROVISIONS. PURCHASING, KEEPING, USING, OR ALLOWING USE OF THIS PRODUCT INDICATES YOUR AGREEMENT TO THESE TERMS. IF YOU DO NOT WISH TO AGREE TO THESE TERMS, YOU HAVE 14 DAYS FROM DATE OF PURCHASE TO RETURN THE PRODUCT.
"FHZT" as used herein means Fuel Hose Zip Tie. and any and all of its affiliates and/or subsidiaries and/or business agents and employees.
Assumption of Risk
By buying, using, providing, or allowing the use of FHZT products, you understand and agree that fuel hose zip ties have a potential to fail like any product and, to the extent permitted by law, YOU EXPRESSLY AND VOLUNTARILY ASSUME THE RISK OF DEATH OR OTHER PERSONAL INJURY SUSTAINED WHILE USING FUEL HOSE ZIP TIES OR ANY OTHER FHZT PRODUCT WHETHER OR NOT CAUSED BY THE NEGLIGENCE OR OTHER FAULT of FHZT including but not limited to equipment malfunction from whatever cause. Additionally, you agree to indemnify, defend and hold FHZT harmless from any third party claims arising from such uses.
Duty of Purchasers to inform others of these Terms and Conditions
Before you allow others to use a FHZT product you agree that (a) you will require that they read, understand, and agree to these Terms and Conditions of Sale or Use, (b) you believe they understand that they assume the risk of death or other personal injury, and (c) you agree to indemnify, defend, and hold FHZT harmless from any claims made by them arising from their use of FHZT products.
Limited Replacement Warranty
FHZT warrants its products to be free from defects in materials and workmanship for a period of 90 days from date of purchase, provided they have not been subjected to obvious abuse, neglect or misuse. FHZT's sole liability is limited to replacing products that are returned within this 90-day period, unless specific product literature specifies otherwise.
THE ABOVE STATED WARRANTIES ARE IN LIEU OF ALL OTHER WARRANTIES EXPRESSED OR IMPLIED INCLUDING THE WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND OF ALL OTHER OBLIGATIONS AND LIABILITIES OF FHZT. FHZT NEITHER ASSUMES, NOR AUTHORIZES ANY OTHER PERSON TO ASSUME FOR IT, ANY OTHER LIABILITY IN CONNECTION WITH THE SALE OF PRODUCTS FROM ITS WEBSITES, OR OTHERWISE THE ABOVE LIMITED WARRANTIES SHALL NOT APPLY TO ANY PRODUCT WHICH HAS BEEN SUBJECT TO ACCIDENT, NEGLIGENCE, ALTERATION, ABUSE, OR MISUSE. THE TERM "ORIGINAL PURCHASER" AS USED IN THIS WARRANTY MEANS THE PERSON TO WHOM THE PRODUCT IS ORIGINALLY SOLD AS SHOWN ON THE SALES INVOICE. THESE WARRANTIES SHALL APPLY ONLY WITHIN THE BOUNDARIES OF THE UNITED STATES AND CANADA.
Limitation of Liability
As set forth above under the limited warranty provisions, FHZT's liability is limited to repair or replacement of its products which are returned to it prepaid in the specified period of time. In no event shall FHZT's liability exceed the value of the products sold. FHZT shall not be liable for any special or consequential damages that result from the use of any product sold through its websites or otherwise, Applicable law may not allow the limitation or exclusion of liability of special or consequential damages so the above limitation or exclusion may not apply to your purchase, but it is intended to be the maximum limitation as permitted by law.
Inspect Before Use
This product must be inspected before use to ensure it has not damaged in shipment. If damaged, do not use return the product to FHZT for a replacement.
Product descriptions, typographic, pricing and photographic errors are subject to correction. We regret, but are not liable for such errors. FHZT reserves the right to reject any orders placed for a product listed at an incorrect price. If you discover an error on our website, please email Info@FuelHoseZipTie.com
Applicable Law and Resolution of Disputes
Your order from FHZT shall be interpreted and construed in accordance with laws of the State of Oklahoma without regard to its choice of law principles. You agree that any dispute or claim arising out of or in connection with your order or its subject matter or formation (including non-contractual disputes or claims), shall be brought exclusively in the federal or state courts located in Tulsa County, Oklahoma and for this purpose you hereby submit to the exclusive jurisdiction and venue of such courts. Any cause of action or claim you may have with respect to the purchase of FHZT products or any other claim related to the use of products sold through its websites or otherwise, must be commenced within one (1) year after the claim or cause of action arises. FHZT's failure to enforce strict performance of any provision of these terms and conditions shall not be construed as a waiver of any provision or right. Neither the course of conduct nor trade practice shall act to modify any of these terms and conditions.