GusGear Purchase Agreement

Please read this Purchase Agreement (“Agreement”) carefully prior to purchasing, using, distributing and/or selling (collectively, “distributing”) a Gus Gear product. By distributing Gus Gear products, you agree to the terms and conditions of this Agreement.

IF YOU DO NOT AGREE TO THE TERMS OF THIS AGREEMENT, PLEASE DO NOT DISTRIBUTE THESE GUS GEAR PRODUCTS AND PLEASE RETURN SUCH PRODUCTS IN ACCORDANCE WITH SECTION H, PRODUCT RETURNS.

1. Prices and Payments
   All product prices are in U.S. dollars and all payments due shall be made in U.S. dollars and in accordance with your Gus Gear invoice. Prices are exclusive of any domestic or international shipping cost, taxes, VAT, handling, and duties.
   Title to, and risk of loss of, the products transfer to you upon delivery of the products to the carrier at Gus Gear’s facility. You shall make all claims for damaged or lost shipments with the carrier. All price, product, and quantity (overages and shortages) errors must be reported to Gus Gear within ten (10) days of receipt of the shipment or claims will not be honored.
   If you default on any payment, Gus Gear shall have the right to withhold shipment of any future orders. This remedy is in addition to any other remedies Gus Gear may have at law or in equity.
2. DISCLAIMER OF WARRANTY
   ALL PRODUCTS AND SERVICES ARE PROVIDED "AS IS," WITH NO WARRANTIES OR GUARANTEES OF ANY KIND. GUS GEAR EXPRESSLY DISCLAIMS TO THE FULLEST EXTENT PERMITTED BY LAW ALL EXPRESS, IMPLIED, STATUTORY, AND OTHER WARRANTIES, GUARANTEES, OR REPRESENTATIONS, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, PRODUCT SAFETY OR EFFICACY OR SUITABILITY WITH SPECIFIC MEDICAL DEVICES OR CONDITIONS, AND NON-INFRINGEMENT OF PROPRIETARY AND INTELLECTUAL PROPERTY RIGHTS.
3. LIMITATION OF LIABILITY
   TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL GUS GEAR, INCLUDING WITHOUT LIMITATION, ITS RESPECTIVE EMPLOYEES, MANAGERS, AGENTS, REPRESENTATIVES, OFFICERS, DIRECTORS, SUCCESSORS AND ASSIGNS, BE LIABLE TO ANY PARTY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES OF ANY TYPE WHATSOEVER RELATED TO OR ARISING OUT OF THE USE OF ITS PRODUCTS OR SERVICES, INCLUDING, WITHOUT LIMITATION, ANY LOST PROFITS, BUSINESS INTERRUPTION, OR PERSONAL INJURY. THIS EXCLUSION AND WAIVER OF LIABILITY APPLIES TO ALL CAUSES OF ACTION, WHETHER BASED ON CONTRACT, WARRANTY, TORT, OR ANY OTHER LEGAL THEORIES. IN THE EVENT THE FOREGOING LIMITATION OF LIABILITY SET FORTH HEREIN SHALL BE FOR ANY REASON HELD UNENFORCEABLE OR INAPPLICABLE, YOU AGREE THAT GUS GEAR’S AGGREGATE LIABILITY SHALL NOT EXCEED THE PRICE OF THE APPLICABLE GUS GEAR PRODUCT OR SERVICE.
4. INDEMNITY
   YOU AGREE TO INDEMNIFY, DEFEND, AND HOLD HARMLESS GUS GEAR, INCLUDING WITHOUT LIMITATION, ITS RESPECTIVE EMPLOYEES, MANAGERS, AGENTS, REPRESENTATIVES, OFFICERS, DIRECTORS, SUCCESSORS AND ASSIGNS, FROM ANY DEMANDS, LOSS, LIABILITY, CLAIMS OR EXPENSES (INCLUDING ATTORNEYS’ FEES), MADE AGAINST GUS GEAR BY ANY THIRD PARTY DUE TO OR ARISING OUT OF OR IN CONNECTION WITH YOUR DISTRIBUTION OF GUS GEAR PRODUCTS OR SERVICES.
5. NO CLASS ACTIONS
   EXCEPT WHERE PROHIBITED BY LAW, YOU WAIVE ANY RIGHT YOU MAY HAVE TO BEGIN OR PARTICIPATE IN ANY CLASS ACTION AGAINST GUS GEAR RELATED TO ANY CLAIM OR DISPUTE (WHETHER IN CONTRACT OR TORT OR PURSUANT TO STATUTE OR REGULATION) AND, WHERE APPLICABLE, YOU ALSO AGREE TO OPT OUT OF ANY CLASS PROCEEDINGS AGAINST GUS GEAR.
6. No Medical Advice
   Information provided by Gus Gear LLC is not medical advice and specific questions about any medical matter or our products in relation to a specific condition should be directed to an individual’s treating doctor.
7. Governing Law and International Use
   You agree to be subject to personal jurisdiction in the Commonwealth of Pennsylvania. Your distribution of a Gus Gear product shall be governed by and construed in accordance with the laws of the Commonwealth of Pennsylvania (excluding any conflict of laws provisions of the Commonwealth of Pennsylvania that would refer to and apply the substantive laws of another jurisdiction). Any suit or proceeding regarding this Site or any part of this Site shall be brought only in Butler County, Pennsylvania, and you waive any objection to such jurisdiction or venue.
8. Product Returns
   If you do not agree to the terms of this Agreement, you may initiate the return of Gus Gear products by emailing us at [email protected] or call 724-513-4497. Returns must be initiated within thirty (30) days of your receipt of your original order. All shipping charges to be paid by you.