Important Safety Information for GATEACE
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Warning: The GATEACE is designed to extrude into an open space. While this feature enhances functionality, it may pose certain risks. Please read and adhere to the following safety precautions:
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1. Installation Instructions: Follow all installation instructions carefully. The product must be securely fastened and installed according to the specifications provided to minimize risk of accidental dislodging or movement.
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2. Usage Guidelines: Only use the GATEACE for its intended purpose as outlined in the installation instructions. Avoid placing excessive weight or force on the extruded section of the product, as this may result in damage or injury.
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3. Inspection and Maintenance: Regularly inspect the product for signs of damage, or loose components. It is important to maintain the integrity of the post the product is attached to and any hardware and address any issues promptly to ensure safe operation.
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4. Responsibility: The user assumes all responsibility for the use, installation, and maintenance of the GATEACE. GATEACE is not liable for any injuries, damages, or losses incurred as a result of use or installation.
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5. Consult a Professional: If you are unsure about the installation or application of the GATEACE, consult a qualified professional to ensure safety and compliance with local regulations.
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6. Potential Hazards: the extruded section may intrude where individuals, livestock and vehicles may move which may lead to accidental contact, which may cause injury.
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By using the GATEACE, you acknowledge that you have read and understood this disclaimer, and you agree to accept responsibility for any risks associated with its use.
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Indemnity: Buyer agrees to indemnify, defend, and hold harmless [Gate Ace LLC], its affiliates, subsidiaries, employees, agents, and representatives (collectively, the "Indemnified Parties") from and against any and all claims, losses, liabilities, damages, expenses, judgments or costs, including reasonable attorney fees, arising out of or relating to:
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any breach by Buyer of these Terms & Conditions;
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The use, installation, or operation of the product by the Buyer or any third parties, including any modifications or alterations made to the product;
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Any claim related to products or services that are not part of the product but are used in conjunction with it, whether or not such products were provided by the Seller.
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Any negligent or willful misconduct by the Buyer or any third party acting on behalf of the Buyer;
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any claims, whether direct or indirect, made by the Buyer or any third parties against any Indemnified Party resulting from the installation, use, misuse, operation, modification, alteration, or resale of the products or services provided by the Seller, including but not limited to claims for personal injury, property damage, or violation of any applicable laws or regulations;
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any failure by Buyer to comply with applicable local, state, or federal laws, ordinances, rules, and regulations in connection with the use, handling, or sale of the Goods;
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and any claim related to intellectual property infringement arising from the Buyer’s specifications or modifications to the Goods.
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This indemnity obligation shall survive the termination or expiration of any agreement or transaction between the Buyer and Seller, and shall be binding upon Buyer’s successors and assigns.