Description
Giddy Up Cart is the parent company of, and wholly owns PUCKUPS.com and all products listed herein.
Cost to Test the RamBox dividers will be 55.00 plus shipping and handling charges.
Handling charge for this prototype product will be 5.00 (packaging materials)
Total $60.00 plus shipping charges.
This Product is a PROTOTYPE and not the final version which will be approved by Giddy Up Cart llc., as such, the following must be read, understood and obliged to by our customer chosen to be a product tester and offered at a discounted rate.
Giddy Up Cart LLC Prototype Product and Waiver of Liability
- Description
The receiver/purchaser (“Customer”) has agreed to test/evaluate ordered prototype/sample, commercially unavailable trial products (the “Products”) from Giddy Up Cart LLC (“GUC”) By accepting to test/evaluate and/or purchasing the Products, Customer agrees to be bound by the terms of this Waiver. There are several GUC prototype designs. Customer agrees that the prototype design received after purchase will be at GUC’s discretion. Customer further agrees to provide feedback on prototype design to GUC within 30 days of receipt in order to assist with development of final market product. All feedback of the prototype design is to be provided by Customer to GUC directly and confidentially via instant message or email, not on public online forums or other social media outlets. Purchase of the prototype is limited to one per Customer.
- Release of Liability & Limitation of Liability
Customer acknowledges that the Products are of a prototype nature, have not been subject to rigorous testing and are subject to changes, including but not limited to, formulation, claims, physical properties, availability, pricing, packaging, etc. Customer further acknowledges that the use of the Products could result in damage of Customer’s equipment/parts/materials including but not limited to, damage, scraping, discoloration, etc. Customer agrees to indemnify GUC, defend GUC, and hold GUC harmless for all liabilities incurred or alleged as a result of the Products, or arising out of the use of the Products. In no event shall GUC’s liability under this Waiver exceed the purchase price paid by Customer to GUC for the Products.
- Proprietary Information
Customer agrees not to replicate, reproduce, or reverse engineer the Products or produce similar design/functionality or to send Products out to third party without written approval from GUC.
- Warranty
GUC warrants that the Products will arrive undamaged and made in accordance to the Products prototype specifications when received by Customer. In the event that the Products are damaged upon receipt, Customer shall notify GUC and ship the damaged Products back to GUC. GUC will send, at GUC’s sole discretion, either a replacement Product or a refund, within ninety days. This Warranty shall be effective for returns received within ninety days of the initial delivery of the Products. GUC will not accept a return for any other reason.
Because the Products are specially-made, and are prototype in nature, it is Customer’s responsibility to ensure vehicle model compatibility, safety, and other considerations necessary before purchasing the Products. GUC DISCLAIMS ALL OTHER REPRESENTATIONS AND WARRANTIES, EXPRESS OR IMPLIED, INCLUDING THE WARRANTY OF FITNESS FOR ANY PARTICULAR PURPOSE. The foregoing constitutes Customer’s sole and exclusive remedy under this Waiver.
- Severability
The unenforceability of any portion of this Waiver shall not render the remainder of the Waiver invalid or unenforceable.
- Acceptance
Customer will be deemed to have accepted this Waiver by purchasing Products designated as “Prototype or Trial” from GUC. GUC will at its sole discretion further require Customer to sign a copy of this waiver when deemed necessary.