LIMITED WARRANTY AND LIMITATION OF LIABILITY
By purchasing the Rotora Brake System and/or Brake Components described herein and opening the packaging, the buyer(s) expressly (1) acknowledge that they have read and understood all terms set forth herein; (2) understand and agree that the Rotora Brake System and/or Brake Components, whether acquired new or used, whether complete or incomplete, whether of merchantable or non-merchantable quality, whether saleable or non-saleable, is taken, purchased, selected and/or acquired "as is" and "with all faults"; (3) acknowledge that the Brake System and/or Brake Components contained herein are intended only for recreational off-road use regardless of whether said Brake System and/or Brake Components are approved by a state or the United States Department of Transportation; (4) understand and agree that they bear all risks, including but not limited to the risk as to the quality and performance of said Brake System and/or Brake Components, the risk of any and all liability arising from the use or misuse and/or correct or incorrect installation of said Brake System and/or Brake Components, and the risk of bearing all the costs of repair or replacement of the subject Brake System and/or Brake Components, whether in defective or non-defective condition. Rotora is not responsible for damage, consequential or otherwise, for misuse, abuse, improper application, improper installation, accident, or normal wear; understand that (5) Motorsport is a dangerous sport, and Brake System and/or Brake Components are subject to failure when exposed to high stresses involved with use on a racetrack.
Rotora makes no express or implied warranties, whether oral or written, whether true or untrue and regardless of source, to any buyer(s) of its Brake System and/or Brake Components. Any implied warranty of merchantability or warranty of fitness for a particular purpose is hereby expressly and effectively disclaimed and such disclaimer is also hereby acknowledged by the buyer(s). Rather, the buyer(s) expressly and impliedly affirm that he/she/they are relying upon their own skill and judgment in selecting and purchasing the Brake System and/or Brake Components contained herein as suitable for their intended use. The buyer(s) understand and agree that no officer, director, employee, agent, salesman, representative, distributor, or other affiliate of Rotora has any authority to make any statement or representation contrary to the terms set forth hereinabove. Any such statement or representation is hereby effectively disavowed.