WAIVER, DISCLAIMER AND RELEASE OF LIABILITY

By purchasing concrete wall panels or other related or similar products from SOMETHING BETTER COMPANY, LLC, an Arizona limited liability company (“SBC”), or its licensed distributors and agents (collectively the “Seller”), you (the “Buyer”) are accepting all the terms of this waiver, disclaimer and release of liability notice. If you do not agree with anything in this notice you should not proceed with the purchase or installation of any wall panel products.

SBC GIVES NO WARRANTY, EXPRESS OR IMPLIED, AS TO DESCRIPTION, QUALITY, MERCHANTABILITY, FITNESS FOR ANY PARTICULAR PURPOSE, PRODUCTIVENESS OR ANY OTHER MATTER OF THE PRODUCT WHICH SELLER SUPPLIES. All products are received by the Buyer on an “as-is” basis. Through Buyer’s acceptance of any product from Seller, Buyer acknowledges that Buyer has inspected the product and workmanship and approves the condition thereof. SBC SHALL IN NO WAY BE RESPONSIBLE FOR THE PROPER USE OR INSTALLATION OF THE PRODUCT. BUYER HEREBY WAIVES ALL REMEDIES, WARRANTIES, GUARANTIES OR LIABILITIES, EXPRESS OR IMPLIED, ARISING BY LAW OR OTHERWISE (INCLUDING WITHOUT LIMITATION, ANY OBLIGATIONS OF THE SELLER WITH RESPECT TO FITNESS, MERCHANTABILITY AND CONSEQUENTIAL DAMAGES) OR WHETHER OR NOT OCCASIONED BY SBC’S NEGLIGENCE.

All products, methods of production and installation are the intellectual property and confidential work product of SBC. Any reproduction of SBC’s products and methods by Buyer is a violation of SBC’s intellectual property rights and will result in legal action.

I have read, understood and agreed to this Waiver.

Dated: ___________________________________

 

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