Limitation of Liability
ATTENTION:
1. PASSENGER ASSIST STRAPS, HANDLES AND RAIL PADDING (“THE PRODUCTS”) ARE NOT SAFETY DEVICES. THE PRODUCTS ARE INTENDED FOR USE AS A CONVENIENCE FOR PUBLIC TRANSIT VEHICLE PASSENGERS BY ASSISTING THEM IN KEEPING THEIR BALANCE WHILE STANDING DURING NORMAL VEHICLE OPERATION. WHETHER OR NOT PASSENGERS ARE PERMITTED TO STAND WHILE A VEHICLE IS IN MOTION IS A POLICY DECISION TO BE MADE BY THE SUBJECT TRANSIT AUTHORITY AND/OR VEHICLE OPERATOR. THE PRODUCTS ARE NOT INTENDED TO SUPPORT THE FULL WEIGHT OF A PASSENGER NOR TO PROVIDE ANY PROTECTION IN THE EVENT OF A VEHICULAR ACCIDENT OR EXTRAORDINARY MANEUVER.
2. THE USE OF AN APPROPRIATE TORQUE AND THREAD LOCKER ON ANY AND ALL FASTENING HARDWARE IS RECOMMENDED DURING INSTALLATION.
3. THE PRODUCTS ARE PRONE TO WEAR AND TEAR WHICH WILL VARY WITH DIFFERENT OPERATING ENVIRONMENTS AND LEVELS OF USAGE, MISUSE AND VANDALISM. WEAR AND TEAR ARE NOT COVERED BY THIS WARRANTY.
4. THE PRODUCTS SHOULD BE REGULARLY INSPECTED AND MAINTAINED. ANY PRODUCTS SHOWING SIGNS OF WEAR AND TEAR OR OTHER DAMAGE SHOULD BE REPAIRED OR REPLACED IMMEDIATELY.
5. RIVER DRIVE MANUFACTURING OFFERS A VARIETY OF PRODUCT VERSIONS. IT IS THE RESPONSIBILITY OF THE CUSTOMER(S) AND/OR END USER(S) TO REVIEW AND ANALYZE THE SUBJECT OPERATING ENVIRONMENT(S) AND CHOOSE THE APPROPRIATE PRODUCT VERSION AND METHOD OF FASTENING THE PRODUCTS TO THE SUBJECT VEHICLE. RIVER DRIVE MANUFACTURING MAKES NO REPRESENTATIONS NOR WARRANTIES AS TO THE FITNESS OF THE PRODUCTS FOR ANY PARTICULAR PURPOSE OR OPERATING ENVIRONMENT. RIVER DRIVE MANUFACTURING RECOMMENDS THAT THE CUSTOMER(S) AND/OR END USER(S) CONDUCT WHATEVER PRODUCT TESTING IS REQUIRED TO ENSURE THAT THE VERSION OF ASSIST STRAP OR HANDLE SELECTED IS APPROPRIATE FOR THE SUBJECT OPERATING ENVIRONMENT.
6. RIVER DRIVE MANUFACTURING BEARS NO LIABILITY FOR ANY CLAIMS, LOSSES, DAMAGES OR INJURIES CAUSED BY THE MISUSE OF THE PRODUCTS OR BY THE FAILURE OF THE CUSTOMER(S) AND/OR END USER(S) TO SELECT THE APPROPRIATE PRODUCT FOR THE SUBJECT OPERATING ENVIRONMENT; AND/OR TO PROPERLY TEST, INSTALL, INSPECT, MAINTAIN AND/OR REPLACE THE PRODUCTS. RIVER DRIVE MANUFACTURING WILL MAKE BEST EFFORTS TO MEET REQUESTED DELIVERY DATES BUT WILL BEAR NO LIABILITY FOR LATE DELIVERIES. FURTHER, IN THE CASE OF A DEFECTIVE PART OR PARTS, RIVER DRIVE MANUFACTURING’S LIABILITY WILL BE LIMITED TO REPLACEMENT OF THE PART IN ACCORDANCE WITH THE STANDARD WARRANTY SET OUT ABOVE. RIVER DRIVE MANUFACTURING INDEMNIFIES NO PARTY OR PARTIES IN RESPECT OF THE PRODUCTS.
IN THE EVENT THAT ANY OR ALL OF THESE TERMS CONFLICT WITH TERMS SET OUT IN PURCHASE DOCUMENTATION, THESE TERMS SHALL GOVERN.