BREACHPEN Terms and Conditions
By purchasing BREACHPEN from Advanced Defense Components, Inc. (“DEFCO”) via HCC Tactical, you, the buyer (“Buyer”), agree to the following:
Buyer certifies that he/she is 18 years of age or older and has read, understands and agrees to the sales conditions, liability release and disclaimer stated herein:
Buyer fully understands that the BREACHPEN:
- may be dangerous as it operates at extremely high temperatures and that proper safety precautions must be followed during use of the BREACHPEN
- should only be operated in accordance with BREACHPEN recommended operating procedures and the instructions provided in BREACHPEN training;
- should be kept out of the reach of children and that the contents of the BREACHPEN may be harmful if swallowed;
- should be stored in a cool, dry, well ventilated place away from all sources of ignition;
- should not be used in the presence of flammable liquids or materials;
- should not be operated above your head as molten material and flecks may be emitted during use and that during operation of the BREACHPEN;
- BREACHPEN should always be directed downward and away from your body; and
- all persons should avoid breathing the dust and smoke generated from use of the BREACHPEN.
Buyer agrees to:
- operate the BREACHPEN in accordance with Breachpen recommended operating procedures and the instructions provided in Breachpen training;
- operate the BREACHPEN in accordance with OSHA recommendations including wearing appropriate high temperature protective equipment and eye protection with filter shade protection at a minimum shade of 5 and side protection to reduce the risk hazard of flying fragments;
- only use the BREACHPEN in a lawful manner for lawful proposes; and
- Not resell the BREACHPEN.
Buyer further agrees it is the responsibility of the Buyer, not DEFCO to ascertain and obey all applicable local, state, federal laws regarding the possession and use of the BREACHPEN.
Limitation of Liability
Buyer understands and agrees that DEFCO and any of its subsidiaries, agents, officers, employees shall in no event be liable for any injury to person or property or any direct, indirect, incidental, consequential or exemplary damages. This shall include, but not be limited to damages for loss of profits, business interruption, or other intangible loss or damage arising out of the use of the BREACHPEN or the inability of the BREACHPEN to operate. The above limitation shall apply whether or not DEFCO has been advised of or should be aware of the possibility of such damages. In jurisdictions where the exclusion or limitation of liability for consequential or incidental damages is not allowed the liability of DEFCO is limited to the greatest extent permitted by law.
Indemnification and Hold Harmless
BUYER UNDERSTANDS AND AGREES TO INDEMNIFY, DEFEND AND HOLD HARMLESS DEFCO AND ANY OF ITS SUBSIDIARIES, AGENTS, OFFICERS, EMPLOYEES FROM ANY AND ALL INJURIES RESULTING IN ANY WAY FROM THE PURCHASE, USE, POSSESSION, DISTRIBUTION, SALE/RESALE, TRANSPORTATION, STORAGE, HANDLING OF THE BREACHPEN. BUYER AGREES TO INDEMNIFY DEFCO FOR ALL COSTS, FEES AND EXPENSES IN DEFENSE OF ANY CLAIMS OR JUDGEMENTS THAT MAY ARISE AS A RESULT FROM BUYER’S PURCHASE, USE, POSSESSION, DISTRIBUTION, SALE/RESALE, TRANSPORTATION, STORAGE, HANDLING OF THE BREACHPEN.
Disclaimer of Warranties
DEFCO hereby expressly disclaims all warranties, either expressed or implied, including any implied warranty of merchantability or fitness for a particular purpose, and DEFCO neither assumes nor authorizes any other person to assume for it any liability in connection with the sale of the BREACHPEN.
These terms and conditions shall be governed by the laws of the State of South Carolina and forum for any dispute arising from these terms and conditions shall be in the federal or state courts located in Oconee County, South Carolina.