Liability Statement

Liability Agreement

 

1.  The purchaser agrees along with the purchase to abide by the terms of sale and any and all credit agreements entered into with GolfCarCatalog.Com and/or Mountaintop Golf Cars, Inc. (hereinafter Catalog).

2.  That the purchaser hereby represents himself to be of lawful age and maturity to enter into contracts and transact business, and is not under any disability or mental impairment which would render this contract void or void able.

3.  That the purchaser understands that it is the duty of the purchaser to comply with, and insure compliance with, all necessary safety requirements and agrees to indemnify and hold harmless Catalog of any and all liability, direct or indirect, arising from the use or misuse of the merchandise or any other action related to, or incidental to, the merchandise purchased by the purchaser.

4.  The purchaser agrees to allow no individual under the age of majority to operate or otherwise use the merchandise purchased from Catalog.

5.  The purchaser hereby acknowledges and understands that the items for sale by Catalog have the potential to cause injury and are not warranted by Catalog, which hereby disclaims any and all implied warranties, fitness for a particular purpose, or any other warranty other than warranties provided by the manufacturer.  The purchaser agrees to hold Catalog harmless for any claims of warranty, and further acknowledges that purchaser’s claim for any breach of warranty is directly with the manufacturer, and disclaims any rights as to Catalog.

6.  Purchaser agrees to indemnify and hold harmless Catalog from any claims of third parties, whether authorized by purchaser or not, arising from, relating to, or incidental to this contract or the merchandise purchased pursuant to this contract.  Any warranties made by Catalog pursuant to this contract may not be transferred to third parties with the express written consent of Catalog.

7.  The parties agree that this contract shall be governed by the laws of the State of North Carolina.

8.  The parties further agree that the Courts of the State of North Carolina shall be the sole arbiter of any dispute arising under this contract.  If any provision of this contract is unenforceable, invalid, or illegal, the remaining provisions shall continue in full force and effect.

9.  All claims for breach of warranty or otherwise must be brought within one (1) year pursuant to N.C.G.S § 25-2-725, from tender of delivery.

10.  THAT THE ABOVE TERMS AND CONDITIONS REPRESENT THE COMPLETE AGREEMENT OF THE PARTIES AND MERGE ALL THE TERMS AND CONDITIONS OF THIS AGREEMENT.  THIS CONTRCT CANNOT BE MODIFIED UNLESS IN WRITING AND SIGNED BY ALL PARTIES TO THE CONTRACT.