LIMITATION OF LIABILITY
Our products are intended for use only by trained professionals. Although we use the finest materials, we cannot guarantee freedom from injury. The user assumes all risk of injury and responsibility for applicability to any client. All merchandise is sold under this condition, which no representative of the company can waive.
The performance of necessary repairs or replacement of defective components or products is the sole and exclusive remedy under this warranty. Southpaw shall not be liable for indirect, incidental or consequential damages resulting from breach of the express written warranty set forth herein.
THERE ARE NO OTHER EXPRESS OR IMPLIED REPRESENTATIONS OR WARRANTIES, INCLUDING THE WARRANTIES OF MERCHANTABILITY AND FITNESS FOR PARTICULAR PURPOSE. SOUTHPAW SHALL NOT BE LIABLE FOR INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES, FOR INJURIES TO PERSONS OR PROPERTY, OR FOR ANY OTHER LOSS OR DAMAGE EXCEPT AS EXPRESSLY SET FORTH HEREIN.
Southpaw shall not be liable for any default or delay in performance if caused, directly or indirectly, by an act of God; war; force of arms; fire; the elements; riot; labor dispute; picketing or other labor controversy; sabotage; civil commotion; accident; any governmental action, prohibition or regulation; delay in transportation facilities; shortage or breakdown of or inability to obtain or non-arrival of any labor, material or equipment used in the manufacture of any product; failure of any party to perform any contract with Southpaw relative to the production of any product; or from any cause whatsoever beyond Southpaw’s reasonable control, whether or not such cause be similar or dissimilar to those enumerated.
LIMITATION OF ASSIGNMENT
Neither party may assign any of its rights or obligations hereunder without the prior written consent of the other, except that Southpaw shall have the right to assign them to any company with which it is affiliated or to any corporation into which it shall be merged, with which it shall be consolidated, or by which it, or all or substantially all of its assets, shall be acquired.
Although we try to make each Southpaw product fun to use, therapy is a serious business. Our products are not designed to be used for unsupervised play. Even a simple piece of equipment can be dangerous if used improperly. OUR PHOTOS AND SUGGESTIONS ARE NOT INTENDED TO BE RECOMMENDATIONS OR ENDORSEMENTS FOR ANY ACTIVITY. It is up to the user to determine whether a given activity is safe and appropriate for the client or situation.
Throughout the catalog we provide a recommended maximum working load for each product. WORKING LOAD IS THE COMBINED WEIGHT OF THE CLIENT AND THE EQUIPMENT, PLUS THE FORCE CREATED BY MOTION (bouncing, rotating). Please do not exceed this maximum.
The word “safety” as used in our catalog is not intended to imply the product is safe in all conditions, but simply that it has been tested and approved by Southpaw (see Limitation of Liability). For the safety of your clients, therapists, users, etc., check your suspended equipment on a regular basis.
FLSA, OSHA COMPLIANCE
Southpaw certifies that any products that are manufactured by Southpaw will be produced in compliance with all applicable requirements of Section 12 of the Fair Labor Standards Act, as amended, of Sections 204(c),(d), 301–305, 401–403 and 501 of the Fair Labor Standards Act Amendments of 1966, and of regulations and orders of the United States Department of Labor issued under Section 501 thereof, and of Section 5(a) of the Occupational Safety and Health Act of 1970, as applicable to the manufacture of such products.
OTHER RIGHTS OR REMEDIES
Except as otherwise provided herein, any rights or remedies granted hereunder to either party shall be in addition to, and not in lieu of, any other rights or remedies of such party at law or in equity.
This document contains the entire agreement between Southpaw and customer and constitutes the final, complete and exclusive expression of the terms of the agreement, all prior or contemporaneous written or oral communications, agreements, forms or negotiations with respect to the subject matter hereof being merged herein. By way of illustration and not limitation, customer’s order shall be deemed to incorporate, without exception, all terms and conditions hereof notwithstanding any order form of customer containing additional or contrary terms or conditions, unless customer shall have expressly advised Southpaw to the contrary in a writing apart from such order form, and no acknowledgement by Southpaw of an order by customer shall be deemed to be an acceptance by Southpaw of any such additional or contrary terms or conditions thereof which are in addition or contrary to the terms and conditions hereof. No additional or contrary terms or conditions or modifications may be made to these terms and conditions except by a written instrument signed by one of Southpaw’s officers. Stenographical and clerical errors are subject to correction by Southpaw.
In the event that any provision hereof shall violate any applicable statute, ordinance or rule of law, such provision shall be ineffective to the extent of such violation without invalidating any other provision hereof.
This document and the sale of all products shall be governed by and construed in accordance with, and all disputes shall be resolved under, the laws of the State of Ohio. Whenever there is a conflict of laws, the substantive laws of the State of Ohio shall prevail.