AGREEMENT AND LIMITED WARRANTY
BEAR HYDE warrants to the original purchaser (“Buyer”) that each case will be free from defects in material and workmanship for the lifetime of the product. If there is a defect in either materials or workmanship, we will, at our option, repair or replace your case at no cost to you.
TO THE EXTENT PERMITTED BY LAW, THE WARRANTY HAS THE FOLLOWING LIMITATIONS:
- THE REMEDIES OUTLINED IN THIS WARRANTY ARE THE EXCLUSIVE AND SOLE REMEDIES AND APPLY ONLY TO NEW CASES PURCHASED DIRECTLY FROM BEAR HYDE OR AN AUTHORIZED DEALER AND ARE AVAILABLE TO THE ORIGINAL PURCHASER ONLY WITH PROOF OF PURCHASE;
- THIS WARRANTY IS IN LIEU OF, AND BEAR HYDE DISCLAIMS, ALL OTHER WARRANTIES, INCLUDING THE WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, WHETHER EXPRESS OR IMPLIED BY LAW, COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE OF TRADE OR OTHERWISE;
- BEAR HYDE DISCLAIMS ANY WARRANTIES OF NON-INFRINGEMENT WITH RESPECT TO THE CASE AND NONE OF BEAR HYDE OR ANY BEAR HYDE AFFILIATES (DEFINED TO INCLUDE SUBSIDIARIES, AFFILIATES, OFFICERS, DIRECTORS, MEMBERS, MANAGERS, EMPLOYEES, AGENTS OR SUBCONTRACTORS) SHALL HAVE ANY DUTY TO DEFEND, INDEMNIFY, OR HOLD HARMLESS BUYER FROM AND AGAINST ANY OR ALL DAMAGES OR COSTS INCURRED BY BUYER ARISING FROM THE INFRINGEMENT OF PATENTS OR TRADEMARKS OR VIOLATION OF COPYRIGHTS BY ANY OF THE CASES;
- The warranty does not apply to cases or parts that are abused, misused, neglected, subjected to unusual or extreme conditions and/or environments, or to extended or unreasonable wear and tear, or exposed to caustic substances. The warranty does not cover normal wear and tear of the case. Modifying the case in ways that affect its intended use voids this warranty. The warranty does not cover theft of the case or its contents;
- BEAR HYDE’s or any BEAR HYDE affiliate’s entire liability, and your exclusive remedy, in law, in equity, or otherwise, with respect to the case provided under this agreement for the breach of this agreement is solely limited to the amount you paid for the case. In no event shall BEAR HYDE or any BEAR HYDE affiliate be liable for damages related in any way to the use or misuse of any firearm or for any special, incidental, indirect, consequential, exemplary or punitive damages (although some states in the united states do not allow the exclusion or limitation of consequential or incidental damages, so this exclusion might not apply to you), even if foreseeable, based upon breach of warranty, breach of contract, negligence, strict tort liability, public nuisance, breach of statutory duty, principles of indemnity or contribution, or any other legal theory. Such excluded damages include, but are not limited to, loss of profits, loss of savings or revenue, loss of the contents of the case, loss of use of the case, or any associated equipment, cost of capital, cost of substitute equipment, facilities or services, downtime, the claims of third parties, and injury to property;
- This warranty applies to the case itself and does not extend to the contents carried inside the case.
- In connection with your purchase of a BEAR HYDE case, BEAR HYDE provides you with the Hopkins 10803 FloTool Transfer Pump manufactured by Hopkins Manufacturing Corporation (the “Hopkins Pump”). You should read and follow all instructions, safety precautions and warranty directions as provided by Hopkins Manufacturing Corporation. BEAR HYDE’s warranty as to the Hopkins Pump is limited to replacement of the Hopkins Pump if it is defective. BEAR HYDE disclaims any and all other liabilities or remedies other than replacement with respect to the Hopkins Pump.
- BEAR HYDE’s case is designed to protect your firearm during transportation and to provide protection from physical damage to the firearm during transport. The lock provided by BEAR HYDE with the case, which is TSA-accepted and International airline approved, can be opened with the universal key provided, which means that the same key opens all BEAR HYDE locks. YOU ARE STRONGLY ADVISED TO SUPPLEMENT THE BEAR HYDE LOCK WITH YOUR OWN PERSONAL TSA-APPROVED PADLOCK OR COMBINATION LOCK.
- Please note that airlines or carriers may put cases in situations beyond reasonable care and handling that can cause damage to the product. Your only recourse in such situations is filing a claim directly with the airline or carrier.
- Buyer is responsible to ascertain and follow all applicable international, federal, state or local laws or regulations applicable to the ownership, carrying, transporting or shipping of any firearms. BEAR HYDE DOES NOT WARRANT OR GUARANTEE THAT THE BEAR HYDE CASE MEETS ANY LOCAL, STATE, OR FEDERAL LAWS GOVERNING THE STORAGE OF FIREARMS. BUYER IS SOLELY RESPONSIBLE FOR ENSURING COMPLIANCE WITH ALL APPLICABLE LAWS REGARDING THE STORAGE OF FIREARMS.
WARNING: THE BEAR HYDE CASE IS NOT DESIGNED TO BE A SECURED STORAGE DEVICE AND SHOULD NOT BE USED AS A SUBSTITUTE FOR A LOCK BOX OR SAFE. NEVER STORE FIREARMS AND AMMUNITION TOGETHER. TO PROTECT AGAINST ACCIDENTS INVOLVING CHILDREN, BUYER SHOULD STORE YOUR FIREARM UNLOADED IN AN APPROVED FIREARM SAFETY LOCK BOX OR SIMILAR CONTAINER, WITH THE AMMUNITION STORED AND SECURED SEPARATELY.
SEVERABILITY: You agree that the terms of this Agreement and Limited Warranty are severable. If any term or provision is declared invalid or unenforceable, in whole or in part, that term or provision will not affect the remainder of this Agreement and Limited Warranty; this Agreement and Limited Warranty will be deemed amended to the extent necessary to make this Agreement and Limited Warranty enforceable, valid and, to the maximum extent possible consistent with applicable law, consistent with the original intentions of the parties; and the remaining terms and provisions will remain in full force and effect.
APPLICABLE LAW: You and BEAR HYDE agree that any disputes related to the products and services provided under this Agreement and Limited Warranty shall be governed in all respects by and construed in accordance with the laws of the State of Arizona, United States of America , excluding its conflict of laws rules.
BINDING ARBITRATION AND SOLE REMEDY: To the extent there is a dispute between BEAR HYDE and Buyer, both BEAR HYDE and Buyer agree to submit the dispute to arbitration before the American Arbitration Association, with venue for the hearing of such arbitration to be Scottsdale, Arizona. Buyer agrees that any claim will be the individual Buyer’s claim only, and Buyer agrees to waive any rights to bring any collective or class action in the arbitration, or to join Buyer’s action with the claim of any other party.