Flatworks plyfly, Assembly Manual

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150718 PL
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erms & Conditions
| August 5, 2015 10:38 PM
THE FLATWORKS, LLC
Terms & Conditions of Purchase and Use
THE FOLLOWING TERMS AND CONDITIONS APPLY TO ALL PRODUCTS
DESIGNED, MANUFACTURED AND SOLD BY THE FLATWORKS,
LLC. THESE TERMS AND CONDITIONS INCLUDE PROVISION WHICH
ALLOCATE THE RISKS ASSOCIATED WITH THE USE OF THE PRODUCTS
AND LIMIT MY LEGAL RIGHTS TO RECOVER DAMAGES IN THE EVENT
OF INJURY OR LOSS OCCASIONED BY SUCH USE, INCLUDING
DISCLAIMERS, EXCULPATORY PROVISIONS (ASSUMPTIONS OF
RISK AND RELEASES), WAIVERS, INDEMNIFICATION PROVISIONS,
LIMITATIONS OF LIABILITY, LIMITED WARRANTIES, A COVENANT NOT
TO SUE, AN ABBREVIATED LIMITATIONS PERIOD FOR CLAIMS, AND AN
ARBITRATION PROVISION.
1. Definitions. As used herein, the following terms shall have the following
meanings:
a) “Flatworks”, shall mean The Flatworks, LLC, a Rhode Island Limited
Liability Company and any and all of its affiliates, subsidiaries, associates,
owners, members, officers, agents, employees, and volunteers, and its
successors and assigns.
b) “Original Purchaser” shall mean the person to whom the Product was
originally sold as evidenced by the sales invoice from Flatworks.
c) “Products” shall mean all products and related accessories designed,
manufactured and sold by Flatworks.
d) “User” shall mean the purchaser and/or the end user of any Product.
2. Acknowledgement of High Risk Activity . Products sold by Flatworks
include motorized go‑karts and related accessories. User hereby
acknowledges that: a) using and operating a motorized go‑kart is an
inherently dangerous activity and that participation in this activity involves
risks of damage to or loss of my property or the property of others and
risks of bodily injury to himself, herself, or others, including injuries such
as bruises, lacerations, sprains, fractures and, in extreme cases, disability,
paralysis and death; b) such dangers and risks may be caused, in whole
or in part, by User’s own actions or inactions, the actions or inactions of
others, the condition of the go‑kart equipment and the condition and the
layout of the facilities on which they are used, and/or the negligence of
others; and c) there may be other dangers and risks associated with this
activity which at this time are unknown or that are not readily foreseeable by
User or others.
3. Assumption of Risk. User fully understands and acknowledges the
dangers and risks involved with the use of the Products relative to his or her
personal knowledge, experience, skills, aptitude and abilities, as well as his
or her physical and medical condition and level of fitness, and nevertheless
knowingly and voluntarily accepts and assumes such dangers and risks,
and further assumes full responsibility for any and all liabilities, losses or
damages, including any direct or consequential damages, resulting from or
related to his or her use of the Products, including, but not limited to: any
and all damage to or loss of his or her property or the property of others;
personal injuries to User or others of any type, including disability and
death; and any legal fees, costs or other expenses related to such damages
and/or injuries, expressly including, but not limited to, those alleged to
be caused, in whole or in part, by equipment malfunction from whatever
cause, or any other negligence or fault of Flatworks.
4. Release and Waiver of Liability, Covenant Not to Sue. Other than the
liability assumed under the limited warranty set forth herein below, which
liability is confined to the repair or replacement of its Products under limited
circumstances, User hereby waives, releases, discharges and covenants
not to sue Flatworks from liability for any and all claims, suits, demands,
liabilities, losses or damages arising from or relating to his or her use of the
Products. This waiver, release, discharge and covenant not to sue applies,
but is not limited to, any and all liabilities, losses or damages, including any
direct or consequential damages, resulting from or related to the use of
the Products, including, but not limited to: any and all damage to or loss of
his or her property or the property of others; personal injuries to the User
or others of any type, including disability and death; and any legal fees,
costs or other expenses related to such damages and/or injuries, expressly
including, but not limited to, those alleged to be caused, in whole or in part,
by equipment malfunction from whatever cause, or any other negligence or
fault of Flatworks.
5. Indemnification. In the event that User, or anyone acting on his or her
behalf, brings a claim or suit, or takes any other action, against any
Flatworks for any liabilities, losses or damages, including any direct or
consequential damages, resulting from or related to his or her use of the
Products, including, but not limited to: any and all damage to or loss of my
property or the property of others; personal injuries to User or others of
any type, including disability and death; and any legal fees, costs or other
expenses related to such damages and/or injuries, expressly including, but
not limited to, those alleged to be caused, in whole or in part, by equipment
malfunction from whatever cause, or any other negligence or fault of
Flatworks, User, for himself or herself, and for anyone acting on his or her
behalf, further agree to hold harmless, defend, and indemnify Flatworks
from any such claims, suits, actions, liabilities, losses, damages, fees, costs
or expenses.
6. Limited Replacement Warranty. Flatworks warrants to any Original
Purchaser that the Products shall to be free from defects in materials and
workmanship for a period of one‑hundred eighty (180) days from the date of
purchase, provided that they have not been subject to apparent accident,
alteration, abuse, neglect or misuse. Flatwork’s sole liability under this
warranty is limited to the repair or replacement of Products that are
returned within this warranty period.
THE ABOVE STATED LIMITED WARRANTY IS IN LIEU OF ALL OTHER
WARRANTIES, EXPRESSED OR IMPLIED, INCLUDING THE WARRANTIES
OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
FLATWORKS NEITHER ASSUMES OR AUTHORIZES ANY OTHER
PERSON OR ENTITY TO ASSUME FOR IT, ANY OTHER LIABILITY
IN CONNECTION WITH THE DESIGN, MANUFACTURE OR SALE OF
ITS PRODUCTS, WHETHER FROM ITS WEBSITES, CATALOGS OR
OTHERWISE. THE LIMITED WARRANTY SHALL NOT APPLY TO ANY
PRODUCT WHICH HAS BEEN SUBJECT TO ACCIDENT, NEGLECT,
ALTERATION, ABUSE OR MISUSE.
7. General Disclaimers. All Original Purchasers, as a condition of purchase,
agree to be bound by the following terms and conditions:
a) Inspection Prior to Use. All Products must be inspected upon delivery
for use to ensure that they have not been damaged in shipment or
otherwise. If any Product is damaged, such Product should not be
used and should be promptly returned to Flatworks for inspection,
replacement or repair, as the case may be.
b) Use of Products. Prior to the use and operation of any Product, the
Original Purchaser must read, understand, adhere to, and abide by
any instructions, manuals, directions and safety rules related to the
Product, including, without limitation, those related to the assembly, use,
operation, and maintenance of the Product. Flatworks shall have no
responsibility whatsoever for the misuse or unauthorized and improper
use of its Products.
c) Duty to Inform Others and Indemnification. Prior to allowing others to
use any Product, the Original Purchaser must require that such person
(or his or her legal guardian, if a minor) reads, understands and agrees to
adhere to and abide by these Terms and Conditions and any instructions,
manuals, directions and safety rules related to the Product. The Original
Purchaser further agrees, for himself or herself, and for anyone acting
on his or her behalf, to hold harmless, defend, and indemnify Flatworks
from any claims, suits, actions, liabilities, losses, damages, fees, costs or
expenses arising out of such person’s use of any Product.
8. Applicable Law. These Terms and Conditions and the rights of all affected
parties hereunder shall be interpreted in accordance with the laws of the
State of Rhode Island, as broadly and inclusively as permitted under such
laws, and all rights and remedies shall be governed by such laws without
regard to principles of conflict of laws. If any portion of these Terms
and Conditions shall be held invalid, the balance shall, notwithstanding,
continue in full legal force and effect.
9. Resolution of Disputes. Any dispute, claim or controversy arising out of or
in connection with the purchase or use of the Products shall be resolved
by means of binding arbitration held within the State of Rhode Island
in accordance with the Commercial Arbitration Rules of the American
Arbitration Association then in effect. Any demand for arbitration must
be commenced within one (1) year after the dispute, claim or controversy
arises.
75 PlyFly Go‑Kart Instruction Guide • 2015 Release