WARNING: USE OF THE WYZ KIT WILL NOT GUARANTEE SAFETY IN CASE OF A FIRE AND WYZ KIT INCORPORATED MAKES NO SUCH GUARANTEE. RECIPIENT ASSUMES FULL RESPONSIBILITY FOR ENSURING THAT THEIR CHILD AND ANY OVERNIGHT GUESTS VIEW, UNDERSTAND, AND UTILIZE THE WYZ KIT IN ACCORDANCE WITH THE INSTRUCTIONAL DVD ENCLOSED IN THE WYZ KIT.
WARNING: IN ORDER TO REDUCE THE RISK OF SERIOUS INJURY OR DEATH, THE WYZ KIT SHOULD BE USED ONLY AS DIRECTED IN THE INSTRUCTIONAL DVD ENCLOSED IN THE KIT.
LIMITED WARRANTY. WYZ KIT INCORPORATED warrants that the WYZ KIT is free from defects in materials and workmanship at the time of receipt by Purchaser. Purchaser shall have thirty (30) days from the date of purchase to inspect the WYZ KIT to ensure that all of its components are functioning properly. Any issues should be reported to WYZ KIT INCORPORATED through its website www.wyzkit.com. Repair or replacement of the product (or, if repair or replacement is not feasible, a refund of the purchase price) is the exclusive remedy of the consumer under this warranty. This warranty only extends to the original consumer purchaser and is not transferable. In addition, proof of purchase must be demonstrated. This warranty is void if the product has been subject to accident, misuse, abuse, improper maintenance or repair, or unauthorized modification. Normal wear and tear is not covered by this warranty. This warranty is the only written or express warranty given by WYZ KIT INCORPORATED. Any implied warranties (including, but not limited to, any implied warranties of merchantability or fitness for a particular purpose) are limited in duration to the duration of this warranty. Some states do not permit limitations or exclusions on warranties, so the above limitations may not apply to you. This warranty gives you specific legal rights, and you may also have rights which vary from state to state.
LIMITATION OF LIABILITY. UNDER NO CIRCUMSTANCES WHATSOEVER SHALL SELLER BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL, LOST PROFIT OR CONSEQUENTIAL DAMAGES, REGARDLESS OF THE CAUSE. SELLER’S TOTAL LIABILITY WITH RESPECT TO THE GOODS, WHETHER ARISING FROM OR BASED UPON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING SELLER’S NEGLIGENCE), STRICT LIABILITY, INDEMNITY, OR ANY OTHER CAUSE OR BASIS WHATSOEVER, IS EXPRESSLY LIMITED TO THE PURCHASE PRICE OF THE GOOD(S) TO WHICH THE CLAIM PERTAINS. SOME STATES MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
INDEMNIFICATION. Purchaser shall indemnify and hold harmless WYZ KIT INCORPORATED, its directors, officers, shareholders, representatives, agents, employees, corporate parents, subsidiaries, affiliates, successors and assigns, from and against all costs and expenses (including, but not limited to, attorneys’ fees and costs of suit and all appeals thereof), whether in contract, tort or otherwise, arising out of Purchaser’s operation, storage, sale or disposal of the goods in any manner other than in conformity with WYZ KIT INCORPORATED’s instructions and technical information relating to the goods.
GOVERNING LAW. The purchase and use of the WYZ KIT shall be governed by and construed according to the laws of the Commonwealth of Pennsylvania without regard to its laws regarding conflicts of law. Any action at law or in equity or other judicial proceeding pertaining hereto shall be brought and maintained only in the U.S. District Court for the Western District of Pennsylvania and/or the Court of Common Pleas for Allegheny County, Pennsylvania; WYZ KIT INCORPORATED and Purchaser agree that such courts shall have exclusive jurisdiction and venue over any dispute hereunder.