DISCLAIMER AND WARRANTY DISCLAIMER. To the extent permitted by applicable law, VM Products, Inc. makes no representation or warranty, either express or implied, for results due to misuse, improper handling or improper storage of its products. Nor does VM Products, Inc. assume any responsibility for injury to persons, animals or property arising out of misuse, improper handling or improper storage of its products.
VM Products, Inc. warrants that its products are reasonably fit for the purposes stated on the label and on this website when used in strict accordance with the directions under normal use conditions, subject to the inherent risks set forth below. To the extent permitted by applicable law, this warranty does not extend to the use of VM Products, Inc. products contrary to label instructions, or under abnormal conditions or under conditions not reasonably foreseeable to or beyond the control of VM Products, Inc., and all users and buyers assume the risk of any such use. VM Products, Inc. MAKES NO OTHER EXPRESS OR IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARITCULAR PURPOSE OR ANY OTHER EXPRESS OR IMPLIED WARRANTY.
INHERENT RISKS OF USE. It is impossible to eliminate all risks associated with the use of VM Products, Inc. products. Lack of performance or other unintended consequences may result because of such factors as use of the products contrary to the label instructions (including adverse conditions noted on the label), abnormal conditions (such as excessive rainfall, drought, etc.), the presence of other materials, the manner of application, or other factors, all of which are beyond the control of VM Products, Inc. and its agents. All such risks shall be assumed by the user.
LIMITATIONS OF LIABILITY. TO THE EXTENT CONSISTENT WITH APPLICABLE LAW, VM PRODUCTS, INC. DISCLAIMS ANY LIABILITY WHATSOEVER FOR SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES RESULTING FROM THE USE OR HANDLING OF COMPANY PRODUCTS. THE EXCLUSIVE REMEDY FOR ANY AND ALL CLAIMS, LOSSES, INJURIES OR DAMAGES (INCLUDING CLAIMS BASED ON BREACH OF WARRANTY, CONTRACT, NEGLIGENCE, TORT, STRICT LIABILITY OR OTHERWISE) RESULTING FROM THE USE OR HANDLING OF VM PRODUCTS, INC. PRODUCTS SHALL BE LIMITED TO, AT VM PRODUCTS, INC.’S ELECTION, EITHER THE RETURN OF THE PURCHASE PRICE OF THE PRODUCT OR THE REPLACEMENT OF THE PRODUCT.”