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I.
LIMITED WARRANTY: Open Mind, LLC ("Open Mind"), will
repair or replace, at its discretion, any damaged Insta-bench,
that has failed under normal use, reasonable wear and tear excepted,
for one (1) year from date of original purchase. Open Mind does
not warrant the Insta-bench if it has been subjected to misuse,
accident, overloading, improper maintenance, service adjustments,
improper actions by someone other than Open Mind, alterations,
modifications and/or replacements. Open Mind warrants that the
Insta-bench will conform to the label description and Open Mind
makes no further REPRESENTATIONS OR WARRANTIES OF ANY KIND WHATSOEVER
CONCERNING THE INSTA-BENCH, EXPRESS OR IMPLIED, INCLUDING WITHOUT
LIMITATION, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE
WHICH EXTENDS BEYOND LABEL DESCRIPTION ON INSTA-BENCH TAGS.
THE WARRANTIES STATED HEREIN ARE EXCLUSIVE AND IN LIEU OF ALL
OTHER WARRANTIES WHETHER ORAL, WRITTEN, IMPLIED, EXPRESSED,
STATUTORY, OR ARISING BY LAW OR CUSTOM, INCLUDING, BUT NOT LIMITED
TO, ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A
PARTICULAR PURPOSE WITH RESPECT TO INSTA-BENCH, WHETHER THE
INSTA-BENCH IS USED ALONE OR IN COMBINATION WITH OTHER SUBSTANCES
OR DEVICES.
II. LIMITATION OF REMEDIES AND LIABILITY: Open Mind and Buyer
agree that Buyer's sole and exclusive remedy against Open Mind
shall be for the replacement or repair, at Open Mind's discretion,
of any Insta-bench that has failed under normal use, reasonable
wear and tear excepted, without charge by Open Mind. IT IS UNDERSTOOD
AND AGREED THAT OPEN MIND'S LIABILITY WHETHER IN CONTRACT, IN
TORT, UNDER ANY WARRANTY, IN NEGLIGENCE OR OTHERWISE, SHALL
NOT EXCEED THE RETURN OF THE AMOUNT OF THE PURCHASE PRICE PAID
BY BUYER FOR ANY INSTA-BENCH AND UNDER NO CIRCUMSTANCES SHALL
OPEN MIND BE LIABLE FOR SPECIAL, INDIRECT, CONSEQUENTIAL, EXEMPLARY
OR PUNITIVE DAMAGES. THE PRICE STATED FOR THE PURCHASED INSTA-BENCH
IS A CONSIDERATION IN LIMITING OPEN MIND'S LIABILITY.
Any dispute, controversy, cause of action and/or claim arising
out of or related to this Limited Warranty or the Insta-bench
product, or the invoice evidencing purchase of the Insta-bench
product, shall be governed by the laws of the State of Missouri
applicable to contracts formed and performed wholly within such
State, without giving effect to the conflicts of law provisions
thereof. All suits arising from or concerning this Invoice shall
be filed in the District Court of King County, Washington, and
in no other place. Buyer hereby consents to the jurisdiction
of such court or courts and agrees to appear in any action upon
written notice thereof. If Open Mind prevails in any claim,
action, or proceeding arising out of or relating to this Limited
Warranty, or the Insta-bench product, or the invoice evidencing
purchase of the Insta-bench product, or any appeal thereof,
then Open Mind shall be awarded its costs and expenses, including,
but not limited to, reasonable attorneys' fees.
III.
WARNINGS AND GUIDELINES: Please read carefully and follow these
guidelines. Also, read the WARNING label sewn on the end of
your Insta-bench.
-Insta-bench
is rated for 250 lbs/114kg per seat. Exceeding this limit will
cause damage to your Insta-bench and may cause personal injury.
-To avoid injuries to fingers, use care when folding Insta-bench
and do not let children open and close Insta-bench unattended.
-Completely extend Insta-bench when in use and sit squarely
and evenly on seat. Do not straddle the middle of 2 seats or
sit on edge.
-Always use carry bag for transportation.
-Do not stand or walk on Insta-bench and do not jump on or drop
full body weight on Insta-bench.
-Do not tip Insta-bench while sitting and use Insta-bench on
even ground and keep away from open flame.
-Do not store Insta-bench wet in carry bag.
Failure
to completely follow these guidelines and WARNING label could
damage your Insta-bench, cause personal injury and void your
warranty.
Thank
you for purchasing Insta-bench. The original, portable, collapsible
bench and seating solution for the masses.
Insta-bench™
is Patent Pending and a trademark of OPEN MIND, LLC
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