AGREEMENT AND LIMITED WARRANTY
BEAR HYDE warrants to the original purchaser (“Buyer,” or “You/Your”) that each case (“Case”) will be free from defects in material and workmanship for the lifetime of the product. Subject to the limitations herein, if there is a defect in either materials or workmanship, we will, at our option, repair or replace Your case at no cost to You (“Limited Warranty”).
NOTWITHSTANDING ANYTHING IN THIS WARRANTY OR ELSEWHERE TO THE CONTRARY AND TO THE EXTENT PERMITTED BY LAW:
• THE REMEDIES OUTLINED IN THIS WARRANTY ARE THE EXCLUSIVE AND SOLE REMEDIES AND APPLY ONLY TO NEW CASES PURCHASED DIRECTLY FROM BEAR HYDE OR AN AUTHORIZED DEALER AND ARE AVAILABLE TO THE BUYER ONLY WITH PROOF OF PURCHASE;
• EXCEPT AS EXPRESSLY SET FORTH HEREIN, THE CASE AND THE VACUUM RIGIDIZING STRUCTURE (VRS)™ (THE “INSERT(S)” AND COLLECTIVELY WITH THE CASE, THE “PRODUCT”) WHETHER PURCHASED WITH THE CASE OR ALONE, ARE PROVIDED ON AN “AS IS,” “WITH ALL FAULTS” AND “AS AVAILABLE” BASIS AND WITHOUT WARRANTIES OF ANY KIND. THE LIMITED WARRANTY IS IN LIEU OF, AND BEAR HYDE DISCLAIMS, ALL OTHER WARRANTIES, INCLUDING THE WARRANTIES OF MERCHANTABILITY, FUNCTIONALITY, TITLE, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT, WHETHER EXPRESS OR IMPLIED BY LAW, COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE OF TRADE OR OTHERWISE;
• The Limited Warranty does not apply to Products or parts that are abused, misused, neglected, modified, subjected to unusual or extreme conditions and/or environments including thermal abuse or shock (e.g. excessive heat or cold), or to extended or unreasonable wear and tear, or exposed to caustic substances. The Limited Warranty does not cover Product normal wear and tear, loss or theft;
• BEAR HYDE’s or any BEAR HYDE affiliate’s entire liability, and Your exclusive remedy, in law, in equity, or otherwise, with respect to the Case provided under this agreement for the breach of this agreement is solely limited to the amount You paid for the Case. In no event shall BEAR HYDE or any BEAR HYDE affiliate be liable for any special, incidental, indirect, consequential, exemplary or punitive damages (although some states in the United States do not allow the exclusion or limitation of consequential or incidental damages, so this exclusion might not apply to You), even if foreseeable, based upon breach of warranty, breach of contract, negligence, strict tort liability, public nuisance, breach of statutory duty, principles of indemnity or contribution, or any other legal theory. Such excluded damages include, but are not limited to, loss of profits, loss of savings or revenue, loss of the contents of the Case, loss of use of the Product, or any associated equipment, cost of capital, cost of substitute equipment, facilities or services, downtime, the claims of third parties, and injury to property;
• You acknowledge and agree that BEAR HYDE and its affiliates do not control the objects or content that You insert, place or store using the Product and that BEAR HYDE and its affiliates will have no liability to You for any claims or damages, whether direct or indirect, foreseeable or not, for the objects or content carried inside the Product;
• In connection with Your purchase of a BEAR HYDE Case or Insert, BEAR HYDE provides You with the Hopkins 10803 FloTool Transfer Pump (the “Hopkins Pump”) manufactured by Hopkins Manufacturing Corporation (“HMC”). You should read and follow all instructions, safety precautions and warranty directions as provided by Hopkins Manufacturing Corporation. BEAR HYDE will pass through to the Buyer any warranties provided by HMC that are permitted to be passed through to Buyer, but it will be Buyer’s responsibility to make any warranty claims related to the Hopkins Pump directly to HMC. BEAR HYDE disclaims any and all other liabilities or remedies other than replacement with respect to the Hopkins Pump;
• BEAR HYDE’S Insert may be used in conjunction with or in connection with third-party products not produced or manufactured by BEAR HYDE or its affiliates (“Third-Party Products”). BEAR HYDE and its affiliates (i) do not guarantee that the Insert will work with or fit in any Third Party Product, and (ii) shall not have any liability for any damage to or caused by Third-Party Products. You shall look solely to the third-party manufacturer or distributor for any claims related to Third-Party Products;
• Please note that airlines or carriers may put Products in situations beyond reasonable care and handling that can cause damage to the Product. Your only recourse in such situations is filing a claim directly with the airline or carrier; and
• You are responsible to ascertain and follow all applicable international, federal, state or local laws or regulations applicable to the ownership, carrying, transporting or shipping of any objects or content, including firearms rules and regulations.
BEAR HYDE DOES NOT WARRANT OR GUARANTEE THAT THE BEAR HYDE PRODUCTS MEET ANY LOCAL, STATE, OR FEDERAL LAWS GOVERNING THE STORAGE OR TRANSPORTATION OF FIREARMS. BUYER IS SOLELY RESPONSIBLE FOR ENSURING COMPLIANCE WITH ALL APPLICABLE LAWS REGARDING THE STORAGE AND TRANSPORTATION OF FIREARMS.
SEVERABILITY: You agree that the terms of this Agreement and Limited Warranty are severable. If any term or provision is declared invalid or unenforceable, in whole or in part, that term or provision will not affect the remainder of this Agreement and Limited Warranty; this Agreement and Limited Warranty will be deemed amended to the extent necessary to make this Agreement and Limited Warranty enforceable, valid and, to the maximum extent possible consistent with applicable law, consistent with the original intentions of the parties; and the remaining terms and provisions will remain in full force and effect.
APPLICABLE LAW: You and BEAR HYDE agree that any disputes related to the Products and services provided under this Agreement and Limited Warranty shall be governed in all respects by and construed in accordance with the laws of the State of Arizona, United States of America , excluding its conflict of laws rules.
BINDING ARBITRATION AND SOLE REMEDY: To the extent there is a dispute between BEAR HYDE and Buyer, both BEAR HYDE and Buyer agree to submit the dispute to arbitration before the American Arbitration Association, with venue for the hearing of such arbitration to be Scottsdale, Arizona. Buyer agrees that any claim will be the individual Buyer’s claim only, and Buyer agrees to waive any rights to bring any collective or class action in the arbitration, or to join Buyer’s action with the claim of any other party.