PURCHASE AGREEMENT, FULL ASSUMPTION OF LIABILITY AND
INDEMNITY AGREEMENT
Buyer purchases from JetCat USA, a Limited Liability Company ("JetCat USA") or from one of JetCat USA’s authorized dealers, a
MINIATURE TURBOJET ENGINE for model aircraft, cars or boats ("Model Engine") for the invoice price, accompanying this sale, and Buyer
and JetCat USA agree to all of the following terms and conditions:
1. Buyer's Representations.
Buyer represents that he/she is very experienced in model airplane operation, and that all of the
information set forth in the Purchase Application is true and correct. JetCat USA relies on such representations, and would not enter into this sale
but for these representations.
2. Buyer's Acknowledgment of Risks and Dangers.
Buyer recognizes that operation of the Model Engine may be dangerous, and
that under certain circumstances, its handling will be dangerous. As set forth in Paragraph 3 below, Buyer accepts full responsibility for all of
these risks and waives all liability as against JetCat USA.
(a) Buyer's Acknowledgment of Danger.
Buyer expressly acknowledges that use of the Model Engine is dangerous if
improperly handled, and could inflict injury if attempts are made to handle it properly, if the user does not fully acquaint himself/herself with the
Model Engine's operation procedures. The Model Engine may cause burns to the user, or the user's assistant, particularly in the start-up
procedure, and Buyer agrees to use extreme caution. The Model Engine exhaust is extremely hot, and will burn someone or something placed
directly behind the exhaust tube. Highly flammable liquid is used to operate the Model Engine, and it or its fumes will ignite easily and flare up
rapidly. The Model Engine itself remains extremely hot, after it is shut off, and requires a cooling down period. Improper use of the Model
Engine, or failure to follow Academy of Model Aeronautics ("AMA") guidelines and rules will result in injury to the user, the user's assistant, or
bystanders. Operation of the Model Engine in any location other than an approved location, and under safe circumstances could lead to injury to
bystanders. A risk exists from explosion, in the event of tampering, modifications leading to over-speed or extreme metal fatigue.
(b) Buyer's Obligation to Become Fully Acquainted With Operation Procedure.
Buyer acknowledges receipt of
operating instructions for the Model Engine which depicts its handling and operation. Buyer agrees to thoroughly acquaint himself/herself with
these materials, and to require his/her assistant to become equally familiar with them. Buyer expressly agrees not to allow any person to assist in
the start-up procedure of the Model Engine, who has not become thoroughly familiar with these materials.
(c) Agreement to Use Qualified Assistant in Start-Up Procedure.
Buyer acknowledges that the start-up procedure for
the Model Engine cannot be safely done, without an assistant. Buyer expressly agrees to use an assistant, who is thoroughly familiar with the
Model Engine and its operation as set forth above, on each occasion when the Model Engine is started up.
(d) Warning to Bystanders.
Buyer acknowledges that injury or burns to bystanders could occur, during the start-up
procedure or when operating the Model Engine. Buyer expressly agrees to take all steps necessary to assure that no bystander will be in a
position to receive injuries during the start-up procedure, or while the Model Engine is running.
3. Full Assumption of Liability; Waiver and Release of JetCat USA.
Buyer assumes all risk of injury, harm and damage, of every
nature whatsoever, to himself/herself and his/her property. Buyer fully and completely waives and releases any and all claims which he/she might
have at any time arising out of the purchase, handling, or operation of the Model Engine. This assumption, waiver and release is complete, full,
and comprehensive.
(a) Release Even If JetCat USA Is Negligent.
The waiver and release contained herein releases JetCat USA from all
conduct, no matter how it could be characterized or alleged. JetCat USA shall not be liable for its own negligence, whether active, passive,
primary, or secondary. JetCat USA shall not be liable for its sole negligence. JetCat USA shall not be liable for its willful misconduct. JetCat
USA shall not be liable based on any theory in strict liability in tort. JetCat USA shall not be liable for any alleged breach of warranty, whether
express or implied, of any nature whatsoever, whether a warranty of fitness for a particular use, merchantability, or otherwise. There is no
warranty of merchantability; there is no warranty of fitness for a particular purpose; and there are no warranties which extend beyond the
description on the face hereof or
JetCat USA’s One Year Limited Warranty.
(b) Waiver Effective for All Time.
The waiver and release contained herein is effective, without regard to the passage of
time. It is effective indefinitely. It will not be changed by any modification to the Model Engine, to any later sale, or other changes in
circumstances.
(c) Release Extends to JetCat USA and All Its Associates.
The waiver and release contained herein protects JetCat
USA, and all of its employees, officers, principals, owners, designers, and agents ("Associates").
(d) Waiver of Civil Code Section 1542.
Buyer acknowledges the existence of, and fully and completely waives the
provisions of California Civil Code Section 1542, which provides:
"A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at
the time of executing the release, which if known by him must have materially affected his settlement with the debtor."
4. No Modifications to Model Engine.
Buyer agrees to make no modifications of any kind to the Model Engine. This Agreement
pertains to the entire life of the Model Engine.
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