Demolition Derby is inherently a dangerous sport with significant risk of person injury or even death. When a user participates in Demolition Derby he accepts the risk inherent therein. SMW makes no warranty that the use of its products or parts guarantees personal safety or freedom from physical injury.
SMW PRODUCTS AND PARTS ARE SOLD "AS IS" WITHOUT ANY WARRANTY WHATSOEVER. EXPRESS WARRANTIES, IMPLIED WARRANTIES, WARRANTIES OF MERCHANT ABILITY AND WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE ARE EXCLUDED. THE ENTIRE RISK OF QUALITY AND PERFORMANCE OF SUCH PRODUCTS AND PARTS IS WITH THE BUYER, USER SUBSEQUENT USER, OR AGENT THEREOF (HEREIN "USER" ). SHOULD SUCH PRODUCTS OR PARTS PROVE DEFECTIVE FOLLOWING THEIR PURCHASE, THE BUYER AND NOT THE MANUFACTURE(S), DISTRIBUTOR(S), OR RETAILER(S), ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICES OR REPAIR.
SMW, disclaims all liability for any special, direct, incidental or consequential damages, or any damages whatsoever, including, without limitation, the loss of life or limb, or damages due to bodily or personal injury, which may arise or result from the sale, installation, or use of any of its products and parts.
It is the user's responsibility to inspect and verify the dimensions, specifications, and performance of all products and parts as being appropriate for the use to which the user will put them prior to any actual installation and/or use of said products and parts.
SMW products and parts are to be inspected by the user before each use for evidence of damage, defect, or wear. Any deviation by the user from the manufacturer's specifications concerning use, maintenance, repair, alterations and modifications constitutes willful negligence.
The installation of SMW products and parts may adversely affect other vehicle components, safety equipment or manufactured goods (collectively "goods"). SMW assumes no responsibility for any damage to other goods, or bodily injury that may arise due to failure of other goods, due to installation and/ or use, either proper or improper, of its products or parts.
The liability of SMW is limited to the replacement of defective products or parts found under examination by manufacturer to be defective in material or workmanship within 30 days after purchase, and which has not been caused by an accident, improper use, alteration, tampering, excessive use, misuse or modification. The damage of the user shall be deemed liquidated in the casts of replacement of the product or part.
SMW assumes no responsibility for errors, omissions, diagrams, pictures, illustrations or text in these instructions or the documents contained herewith.
By purchasing or using this product, the user agrees that if any provision of this Disclaimer is held to be illegal, invalid or unenforceable under present or future law, such provision shall be fully severed from the Disclaimer and this Disclaimer shall be construed and enforced as if such illegal, invalid or unenforceable provision never comprised a part hereof, and the remaining provisions hereof shall remain in full force and effect and shall not be affected by the illegal, invalid, or unenforceable provision, there shall be added automatically as part of this Disclaimer a provision as similar in its terms to such illegal, invalid or unenforceable provision as may be possible and be legal, valid and enforceable.
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