Limited Warranty and Limitation and Liability
KEY LEAVES LIMITED WARRANTY AND
LIMITATION AND LIABILITY (11.25.2023 Version)
Key Leaves offers its products with the terms, conditions and notices as follows. The following terms and conditions apply to all sales and uses. Please review carefully. These terms and conditions include limited warranties and disclaimers of liabilities. Keeping, using or allowing use of Key Leaves’ products indicates your agreement to these terms. If you do not wish to agree to these terms, you have 14 days from the date of purchase to return the unused product.
LIMITED REPLACEMENT WARRANTY. This product is warranted against any manufactured defect for a period of twelve months from date of purchase and is limited to repair or replacement of its products which are returned to it in the specified period of time. In no event shall Key Leaves’ liability exceed the value of the product(s) sold.
ASSUMPTION OF RISK. By buying, using, or allowing the use of Key Leaves’ products YOU EXPRESSLY AND VOLUNTARILY ASSUME THE RISK OF DEATH OR OTHER PERSONAL INJURY SUSTAINED WHETHER OR NOT CAUSED BY THE NEGLIGENCE OR OTHER FAULT OF Key Leaves including but not limited to Key Leaves’ products malfunction from whatever cause, or any other fault of Key Leaves.
DISCLAIMER OF WARRANTY. Key Leaves offers the GapCap®, Spit Sponge™, Vent Vine™, RULON® products, Key Leaves® sax key props and other products with no warranties except for the limited warranty to repair or replacement of its product as provided, express or implied, including without limitation, warranties of merchant ability, safety fitness for any particular purpose or non-infringement of patents, copyrights or other proprietary rights of others. Key Leaves does not represent or warrant that the use of the GapCap®, Spit Sponge™, Vent Vine™, RULON® products, Key Leaves® sax key props and other products will not damage the any musical instrument. Key Leaves does not warrant that the heating of the flexible spring wall of the GapCap® will obtain the result represented or the component materials in the GapCap® will not be damaged or physical injury will not occur. The instructions are believed to be reliable regarding the use and handling of the GapCap®. Some states and jurisdictions do not allow limitations on implied warranties, so the above limitations may not apply to buyer. When the implied warranties are not allowed to be excluded in their entirety, they will be limited to the shortest duration permitted under applicable law. Buyer may also have other rights which vary from state to state.
LIMITATION OF LIABILITY. TO THE MAXIMUM EXTENT PERMITTED BY LAW, KEY LEAVES WILL NOT HAVE ANY LIABILITY OR RESPONSIBILITY TO BUYER FOR DAMAGES OF ANY KIND, INCLUDING DIRECT, INDIRECT, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES, ARISING OUT OF OR RESULTING FROM THE USE, MISUSE, OR MODIFICATION OF THE GAPCAP®, SPIT SPONGE™, VENT VINE™, RULON® PRODUCTS, KEY LEAVES® SAX KEY PROPS OR ANY OTHER PRODUCT OR ANY COMPONENT, AND DOCUMENTATION MADE AVAILABLE TO BUYER IN CONNECTION WITH THE GAPCAP®, SPIT SPONGE™, VENT VINE™, RULON® PRODUCTS, KEY LEAVES® SAX KEY PROPS OR ANY OTHER PRODUCTS OR THE USE OR MODIFICATION OF ANY OF THEM, EVEN IF KEY LEAVES HAS BEEN ADVISED OF THE POSSIBILITY OF THE DAMAGES. In any case, Key Leaves’ and its licensors’ entire liability under any provision of this agreement will be limited to the amount actually paid by buyer to Key Leaves for the product. Some states do not allow the limitation or exclusion of liability for incidental or consequential damages or have legislation which restricts the limitation or exclusion of liability, so the above limitation may not apply to buyer.
CALIFORNIA RESIDENTS. California Residents: I understand that I am waiving rights with respect to claims that are at this time unknown or unsuspected, and in accordance with such waiver, I acknowledge that I have read and understand, and I hereby expressly waive, the benefits of section 1542 of the civil code of California, and any similar law of any state, country or territory, which provides as follows: “A general release does not extend to claims which the creditor does not know or suspect to exist in his or her favor at the time of executing the release, which if known by him or her must have materially affected his or her settlement with the debtor.”
PROPOSITION 65 WARNING: METAL VERSIONS OF THE RULON® THUMB REST CAN EXPOSE YOU TO CHEMICALS INCLUDING LEAD, WHICH IS KNOWN TO THE STATE OF CALIFORNIA TO CAUSE CANCER OR OTHER INJURY. CANCER CAN KILL YOU. FOR MORE INFORMATION VISIT
PROPOSITION 65 WARNING: CARBON FIBER VERSIONS OF THE RULON® THUMB REST CAN EXPOSE YOU TO CHEMICALS INCLUDING CARBON BLACK, WHICH IS KNOWN TO THE STATE OF CALIFORNIA TO CAUSE CANCER OR OTHER INJURY. CANCER CAN KILL YOU. FOR MORE INFORMATION VISIT
INSTRUCTIONS DISCLAIMER. Without limiting the generality of the foregoing disclaimers, no warranty, guarantee, or other form of representation is made by Key Leaves as to the accuracy or sufficiency of the information and guidelines included with the GapCap®, Spit Sponge™, Vent Vine™, RULON® products, Key Leaves® sax key props and other products and Key Leaves assumes no liability or responsibility concerning the use of such instructions and guidelines for any purpose. It is the responsibility of the buyer to consult and comply with pertinent local, state, and federal laws, regulations, and standards with respect to the use of the GapCap®, Spit Sponge™, Vent Vine™, RULON® products, Key Leaves® sax key props and other products.
WARNING: The heat from a hair dryer will make the GapCap® hot. Use caution and low heat setting to avoid burn or other injury. Buyer assumes all risk of use of this product.