Product Use: Many factors beyond Chubby Gorilla’s (“CG”) control and uniquely within user’s knowledge and control can affect the use and performance of a CG product in a particular application. Given the variety of factors that can affect the use and performance of a CG product, user is solely responsible for evaluating the CG product and determining whether it is fit for a particular purpose and suitable for user’s method of application, including but not limited to, determining whether the product(s) placed within its packaging solutions are compatible with each particular packaging solution.
Warranty, Limited Remedy, and Disclaimer: Unless an additional warranty is specifically stated on the applicable CG product packaging or product literature, CG warrants that each CG product meets the applicable CG product specification at the time CG ships the product. Chubby Gorilla MAKES NO OTHER WARRANTIES OR CONDITIONS, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTY OR CONDITION OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR ANY IMPLIED WARRANTY OR CONDITION ARISING OUT OF A COURSE OF DEALING, CUSTOM OR USAGE OF TRADE. If the CG product does not conform to this warranty, then the sole and exclusive remedy is, at CG’s option, replacement of the CG product or refund of the purchase price.
Limitation of Liability: Except where prohibited by law, CG will not be liable for any loss or damage arising from the CG product, whether direct, indirect, special, incidental or consequential, regardless of the legal theory asserted, including warranty, contract, negligence or strict liability.