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Liability Waiver and Release Agreement

IMPORTANT: READ CAREFULLY BEFORE PURCHASING OR INSTALLING PRODUCTS
 

This Liability Waiver and Release Agreement ("Agreement") is entered into between Tolerance Stack, a Wyoming Limited Liability Company ("Company"), and the purchaser/installer ("Customer") of automotive seating products and related components.

BY PURCHASING, INSTALLING, OR USING OUR PRODUCTS, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THIS AGREEMENT.
 

ACKNOWLEDGMENT OF RISKS

Customer acknowledges and understands that the installation and use of aftermarket automotive seating products involves inherent risks, including but not limited to:
 

Vehicle Modification Risks

  • Alteration of original vehicle safety systems

  • Potential impact on airbag deployment and occupancy sensors

  • Changes to vehicle crash dynamics and safety performance

  • Modification of structural mounting points
     

Installation Risks

  • Risk of improper installation leading to seat failure

  • Potential for personal injury during installation process

  • Risk of damage to vehicle interior, wiring, or components

  • Possibility of voiding manufacturer warranties
     

Operational Risks

  • Risk of seat malfunction or failure during use

  • Potential incompatibility with specific vehicle configurations

  • Risk of injury from improperly secured seating

  • Electrical system complications or failures
     

CUSTOMER RESPONSIBILITIES AND WARRANTIES

Customer represents, warrants, and agrees that:
 

Installation and Use

  • Installation will be performed by qualified professionals or Customer assumes all risk

  • Customer will follow all provided installation instructions and safety guidelines

  • Customer will not modify products beyond manufacturer specifications

  • Customer will inspect products before installation and report defects immediately
     

Vehicle Compatibility

  • Customer has verified product compatibility with their specific vehicle

  • Customer understands that aftermarket seats may not provide the same safety performance as original equipment

  • Customer accepts responsibility for ensuring proper fitment and function
     

Legal Compliance

  • Installation and use complies with all applicable local, state, and federal laws

  • Customer will maintain appropriate insurance coverage

  • Customer will not use products in ways that violate regulations
     

LIMITATION OF LIABILITY

Company's Liability Limitations

TO THE MAXIMUM EXTENT PERMITTED BY LAW:
 

  • No Consequential Damages: Company shall not be liable for any indirect, incidental, special, consequential, or punitive damages

  • Damage Cap: Company's total liability for any claim shall not exceed the purchase price of the specific product involved

  • Safety Systems: Company makes no warranties about compatibility with vehicle safety systems

  • Installation Issues: Company is not liable for damages resulting from improper installation
     

Exceptions to Limitations

These limitations do not apply to:

  • Death or personal injury caused by Company's gross negligence or willful misconduct

  • Liability that cannot be excluded or limited under applicable law

  • Express warranties specifically provided by manufacturers
     

RELEASE AND WAIVER OF CLAIMS

Customer, on behalf of themselves and their heirs, successors, and assigns, hereby releases and forever discharges Company from any and all claims, demands, actions, or causes of action for:
 

Released Claims

  • Personal injury or property damage arising from product use

  • Installation-related injuries or vehicle damage

  • Failure of products to meet Customer's expectations

  • Incompatibility with specific vehicle configurations

  • Impact on vehicle safety systems or performance
     

Scope of Release

This release applies to claims arising from Company's ordinary negligence but does not release claims for gross negligence, willful misconduct, or intentional torts.
 

INDEMNIFICATION

Customer agrees to indemnify and hold harmless Company from claims by third parties arising from:

  • Customer's modification of products beyond specifications

  • Improper installation or use of products

  • Customer's violation of applicable laws or regulations

  • Customer's negligent or intentional acts related to the products

This indemnification does not apply to claims arising from Company's gross negligence or willful misconduct.
 

INSURANCE AND SAFETY RECOMMENDATIONS

Professional Installation Recommended

Company strongly recommends professional installation by qualified automotive technicians familiar with:

  • Vehicle-specific mounting requirements

  • Electrical system integration

  • Safety system preservation
     

Insurance Considerations

Customer should:

  • Notify their insurance carrier of vehicle modifications

  • Verify coverage for aftermarket components

  • Maintain adequate liability insurance
     

PRODUCT WARRANTIES AND DISCLAIMERS

Manufacturer Warranties

Products are subject to manufacturer warranties only. Company makes no additional warranties beyond those provided by manufacturers.
 

Disclaimer of Warranties

EXCEPT FOR MANUFACTURER WARRANTIES, ALL PRODUCTS ARE PROVIDED "AS IS" WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
 

Safety System Disclaimer

IMPORTANT: Aftermarket seats may affect vehicle safety systems. Customer acknowledges that:

  • Airbag deployment may be altered

  • Occupancy sensors may not function properly

  • Crash protection may be different from original equipment

  • Company makes no representations about safety performance
     

GOVERNING LAW AND DISPUTE RESOLUTION

Governing Law

This Agreement shall be governed by the laws of the State of Wyoming, without regard to conflict of law principles.
 

Dispute Resolution

Any disputes shall be resolved through:

  1. Informal Resolution: Good faith attempt to resolve through direct communication

  2. Mediation: Binding mediation in Wyoming if informal resolution fails

  3. Limited Court Action: For claims under $10,000, in small claims court in Wyoming
     

Jurisdiction and Venue

Any legal proceedings must be brought exclusively in state or federal courts located in Wyoming.
 

GENERAL PROVISIONS

Severability

If any provision is deemed unenforceable, the remainder of this Agreement remains in full force and effect.
 

Entire Agreement

This Agreement, together with our Terms & Conditions and other policies, constitutes the entire agreement between the parties.
 

Modification

This Agreement may only be modified in writing, signed by Company.
 

Time Limitations

Any claims must be brought within one (1) year of the date the claim arises.
 

Voluntary Agreement

Customer acknowledges this Agreement is entered into voluntarily with full understanding of its terms.
 

ACKNOWLEDGMENT AND ACCEPTANCE

BY PURCHASING, DOWNLOADING, INSTALLING, OR USING OUR PRODUCTS, CUSTOMER ACKNOWLEDGES:

✓ I have read and understand this Agreement
✓ I understand the risks involved in automotive modifications
✓ I accept responsibility for proper installation and use
✓ I release Company from liability as described above
✓ I understand this Agreement limits Company's liability
✓ I enter into this Agreement voluntarily
 

CUSTOMER SIGNATURE/ELECTRONIC ACCEPTANCE

Purchase Date: _______________
Customer Name: _______________
Signature/Electronic Acceptance: _______________


For electronic transactions, clicking "I Agree" or completing a purchase constitutes acceptance of this Agreement.


Contact Information:
Tolerance Stack
sales@tolerance-stack.com
913-523-4298
 

Last Updated: 5/31/2025

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