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StairAssist Walker Terms

This StairAssist Walker (“Product”) is provided by StairAssist Walker, Inc. (“Company”) to you (“User” or “you”) subject to the following terms and conditions (the “Agreement”). 

BY OPENING THIS PACKAGE, ASSEMBLING, OR USING THE PRODUCT, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE LEGALLY BOUND BY THIS AGREEMENT. IF YOU DO NOT AGREE TO THESE TERMS, DO NOT OPEN OR USE THE PRODUCT. RETURN IT, UNUSED AND IN ITS ORIGINAL PACKAGING, AS DIRECTED BY THE COMPANY FOR A REFUND IN ACCORDANCE WITH THE APPLICABLE RETURN POLICY.

  1. Intended Use and Limitations

This Product is intended solely to assist individuals with mobility and balance in accordance with the accompanying instructions for use (“IFU”). The Product must be used only under the supervision or direction of a qualified healthcare professional when appropriate, and only in accordance with all provided safety and assembly instructions.

  1. No Medical Advice

The information provided with the Product does not constitute medical advice. Users should consult a licensed healthcare provider prior to using the Product, particularly if they have medical conditions, physical limitations, or other health concerns that could affect safe use.

  1. Assumption of Risk

Use of the Product involves inherent risks, including but not limited to slips, falls, loss of balance, and other potential injuries. The User assumes all risks associated with the use, misuse, or failure to properly follow operating instructions for the Product. Company shall have no liability for injuries, damages, or losses arising from such risks, whether direct or indirect.

  1. Warranty

The Company warrants that the Product will be free from material defect under normal use for a period of thirty (30) days from the date of delivery (the “Warranty Period”). If a defect arises and a valid claim is received within the Warranty Period, Company will, at its option, (a) repair the defective Product at no charge, (b) replace the Product, or (c) refund the purchase price for the Product. This warranty does not cover: (i) damage caused by use not in accordance with the IFU or other documentation provided by Company; (ii) normal wear and tear; or (iii) cosmetic damage (including scratches, dents, or discoloration).

EXCEPT FOR THE EXPRESS WARRANTY CONTAINED IN THIS SECTION 4, THE PRODUCT IS PROVIDED “AS IS.” COMPANY DISCLAIMS ALL OTHER WARRANTIES WITH RESPECT TO THE PRODUCT, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

  1. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, COMPANY SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE, OR EXEMPLARY DAMAGES (INCLUDING, WITHOUT LIMITATION, PERSONAL INJURY, LOSS OF USE, LOSS OF PROFITS, OR LOSS OF GOODWILL) ARISING OUT OF OR IN CONNECTION WITH THE USE OR INABILITY TO USE THE PRODUCT, REGARDLESS OF (i) WHETHER SUCH DAMAGES WERE FORESEEABLE, (ii) WHETHER OR NOT COMPANY WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, (iii) THE LEGAL OR EQUITABLE THEORY (CONTRACT, TORT, OR OTHERWISE) UPON WHICH THE CLAIM IS BASED, AND (iv) THE FAILURE OF ANY AGREED OR OTHER REMEDY OF ITS ESSENTIAL PURPOSE.

In no event shall Company’s total liability to User arising out of related to User’s use of the Product exceed the purchase price actually paid for the Product.

Some jurisdictions do not allow certain exclusions or limitations of liability or implied warranties, so the above limitations may not apply in all cases.

  1. Indemnification

User shall indemnify, defend and hold harmless Company and its officers, directors, employees, agents, affiliates, successors and permitted assigns (collectively, "Indemnified Party") against any and all losses, damages, liabilities, deficiencies, claims, actions, judgments, settlements, interest, awards, penalties, fines, costs, or expenses of whatever kind, including attorneys' fees, fees and the costs of enforcing any right to indemnification under this Agreement and of pursuing any insurance providers, incurred by Indemnified Party, relating to any claim of a third party arising out of or occurring in connection with the Product or User’s negligence, willful misconduct, or failure to comply with the IFU. User shall not enter into any settlement without Company’s and any other applicable Indemnified Party's prior written consent.

  1. Compliance and Safety

User is solely responsible for ensuring that the Product is assembled, maintained, and used in compliance with the IFU, applicable laws, and safety standards. Any modification of the Product not authorized in writing by Company voids all warranties and releases Company from any liability arising from use of the modified Product.

  1. Governing Law

This Agreement, and all matters arising out of this Agreement, shall be governed by and construed in accordance with the laws of the Commonwealth of Massachusetts without regard to conflict of law principles. Any disputes arising under or in connection with this Agreement shall be resolved exclusively in the state and federal courts located in the Commonwealth of Massachusetts.

  1. Severability

If any provisions of this Agreement are held to be invalid or unenforceable for any reason, the remaining provisions will continue in full force and effect without being impaired or invalidated in any way. The parties agree to replace any invalid provision with a valid provision that most closely approximates the intent and economic effect of the invalid provision.

  1. Entire Agreement

This Agreement, including and together with the IFU and the applicable order form constitutes the sole and entire agreement of the parties with respect to the subject matter contained herein and supersedes all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding such subject matter.

  1. Survival

The provisions of this Agreement that by their nature should survive termination or expiration shall so survive, including, without limitation, provisions relating to indemnification, limitation of liability, and governing law.

  1. Waiver Of Jury Trial

EACH PARTY ACKNOWLEDGES AND AGREES THAT ANY CONTROVERSY THAT MAY ARISE UNDER THIS AGREEMENT, IS LIKELY TO INVOLVE COMPLICATED AND DIFFICULT ISSUES AND, THEREFORE, EACH SUCH PARTY IRREVOCABLY AND UNCONDITIONALLY WAIVES ANY RIGHT IT MAY HAVE TO A TRIAL BY JURY IN RESPECT OF ANY LEGAL ACTION ARISING OUT OF OR RELATING TO THIS AGREEMENT, INCLUDING ANY EXHIBITS, SCHEDULES, ATTACHMENTS, OR APPENDICES ATTACHED TO THIS AGREEMENT, OR THE TRANSACTIONS CONTEMPLATED HEREBY.

  1. Acknowledgement

BY OPENING THIS PACKAGE, ASSEMBLING, OR USING THE PRODUCT, YOU ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTOOD THIS AGREEMENT AND AGREE TO BE BOUND BY ITS TERMS.