A Non-Liability Agreement for Textile Products
A Non-Liability Agreement, also known as a Release of Liability, is a legal contract that provides protection for one party from potential claims or liabilities arising from the actions or omissions of another party. In the case of textile products, such agreements may be used by manufacturers to protect themselves against claims related to product defects or injuries resulting from their products. The agreement typically outlines specific circumstances in which the manufacturer may not be liable, and may include limitations on the amount of damages available to the injured party. While non-liability agreements are often seen as a way to reduce legal costs and risks, they have been criticized for potentially limiting consumers' access to justice. Therefore, it is important to carefully review and understand the terms of any non-liability agreement before signing.
Text:
Non-Liability Agreement for Textile Products
This Non-Liability Agreement (“Agreement”) is entered into on [Date] by and between [Manufacturer’s Name], a company duly organized and existing under the laws of [Country], with its principal place of business at [Address], hereinafter referred to as “Manufacturer”; and [Buyer’s Name], residing at [Buyer’s Address], hereinafter referred to as “Buyer”.
Scope of Agreement
This Agreement governs the sale of textile products by Manufacturer to Buyer. The term “textile products” shall mean any product made from or consisting of fabric or other textile materials, including, but not limited to, clothing, linens, towels, rugs, and carpets.
Disclaimer of Warranty
Manufacturer makes no warranties or representations, express or implied, with respect to the Textile Products, except those expressly set forth in writing elsewhere in this Agreement. Manufacturer hereby disclaims all warranties, whether express or implied, statutory or otherwise, arising by operation of law or otherwise in respect of the Textile Products, including but not limited to any warranties of merchantability, fitness for a particular purpose, orNON-INFRINGEMENT.
Limitation of Liability
In no event shall Manufacturer be liable for any damages whatsoever, and Buyer hereby releases Manufacturer from any and all claims, losses, liabilities, and expenses, directly or indirectly arising out of or related to the Textile Products, including but not limited to any damages arising out of or in connection with personal injury, death, damage to property, or infringement of rights. This limitation of liability applies regardless of the form of action, whether in contract, tort, negligence, or under any other theory of recovery.
Indemnification
Buyer agrees to indemnify and hold Manufacturer harmless from any and all third party claims, losses, liabilities, and expenses (including attorney fees) arising out of or relating to Buyer’s use of the Textile Products, including without limitation any claims based on trademark or copyright infringement.
Governing Law
This Agreement shall be governed by and consTrued in accordance with the laws of [Country]. Any action related to this Agreement will be subject to the jurisdiction of [Jurisdiction].
Entire Agreement
This Agreement constitutes the entire understanding between Manufacturer and Buyer with respect to the purchase and sale of Textile Products. This supersedes all prior negotiations, understandings, agreements, and discussions between the parties regarding such matters. No modification, amendment or supplement to this Agreement shall be effective unless it is in writing and signed by both parties.
Notices
All notices required or permitted under this Agreement shall be in writing and shall be deemed given when delivered personally or sent by certified mail return receipt requested, postage prepaid, to the addresses set forth below:
Manufacturer: [Address]
Buyer: [Address]
Counterparts
This Agreement may be executed in counterparts, each of which shall be deemed an original, but all of which together shall constitute one and the same instrument.
IN WITNESS WHEREOF, the parties have executed this Agreement as of the date first above written.
[Manufacturer’s Name] By: __________________ Date: __________________
[Buyer’s Name] By: __________________ Date: __________________
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