These curtains (the “vinyl curtain partitions” or the “product”) are not specifically designed, manufactured, provided, or sold for medical, surgical, sterile, isolation or protective use. The product has not been tested for any purpose and has not been subject to any internal, independent third-party or government testing, licensing, permit or approval process. The vinyl curtain partitions are not designed to protect against any disease, risk, particle (large or small), organism, microorganism, fluid (bodily or other), or any other thing or matter of any nature whatsoever.
The purchaser and user, and not AMERICAN DRAPERY SYSTEMS, INC agree that they will be solely responsible to purchase, use and possess the product in compliance with all federal, state and local statutes, laws, rules and regulations (“Law”), and shall indemnify, defend and hold harmless AMERICAN DRAPERY SYSTEMS, INC from any claim or loss of any nature arising from the purchaser’s and user’s purchase, possession and use the product in violation of any Law.
AMERICAN DRAPERY SYSTEMS, INC MAKES NO EXPRESS OR IMPLIED REPRESENTATIONS, WARRANTIES OR GUARANTIES REGARDING THE PRODUCT, INCLUDING, BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AND BUYER/USER ACKNOWLEDGES AND AGREES THAT BUYER IS PURCHASING/USING THE PRODUCT ON AN “AS IS” “WHERE IS” BASIS.
AMERICAN DRAPERY SYSTEMS, INC assumes no liability relative to the possession and use of the product. The purchaser, owner, possessor and user of the product freely assumes all risks of any nature whatsoever from its purchase, ownership, possession and/or use of the product, including any harm, injury or loss that may occur to any possessor, owner or any user, including without limitation, any loss caused by the negligence or conduct of AMERICAN DRAPERY SYSTEMS, INC its employees, agents officer and/or contractors (each a “Releasee”).
The purchaser, owner, possessor and user of the product hereby releases each Releasee from all liabilities, causes of action, claims and demands that may arise in any way from any injury, death, loss or harm that occurs to the purchaser, owner, possessor and/or user of the product, including any claim for negligence and claims for strict liability. The purchaser, possessor, owner and user of the product agrees NOT TO SUE or make a claim against any Releasee for death, injury, loss or harm that occurs relative to the purchase, ownership, possession or use of the product, and each such purchaser, owner, possessor and user shall indemnify, defend and hold harmless all Releasees for any death, injury, loss or harm from the ownership, possession or use of the product, regardless of the cause thereof.