Read this document (the “Release of Liability”) carefully. This release agreement will affect your legal rights and will limit or eliminate your ability to bring afuture lawsuit against Rebuild Master Tech, Inc. and/or Mercedes Master Tech, Inc.
I, the Buyer, understand and appreciate that Rebuild Master Tech and/or Mercedes Master Tech, Inc. (“Seller”) services, reconditions and rebuilds sometimes decades-old automotive parts, that unless otherwise specified these parts are not in new condition when purchased from Rebuild Master Tech, Inc. and/or Mercedes Master Tech, Inc., that these serviced, reconditioned and/or rebuilt parts are covered under the Warranty specified in the Terms and Conditions.
I, the Buyer, do hereby agree that Rebuild Master Tech and/or Mercedes Master Tech, Inc. has no control over the installation and use of the parts once sold. I also understand that Rebuild Master Tech, Inc. and/or Mercedes Master Tech, Inc. highly recommends that certified professionals install all parts that it sells. I, the Buyer, agree that I rely on my own skill and judgment in evaluating the installation of parts bought from Rebuild Master Tech, Inc. and/or Mercedes Master Tech, Inc, and I agree that I am solely responsible for the part’s use.
I, the Buyer, agree to hold the Seller (Rebuild Master Tech, Inc. and/or Mercedes Master Tech, Inc.) harmless from, and hereby assume the entire responsibility and liability for, any and all damage or injury of any kind or nature whatever, including death, as to all persons, whether Buyer's employees, agents or otherwise, and as to all property, including Buyer's own property, caused by, resulting from, arising out of, or occurring in connection with the use by Buyer or any other person, of any parts serviced by and or purchased from Rebuild Master Tech and/or Mercedes Master Tech, Inc.
I, the Buyer, agree that if any person makes a claim for any damage or injury, including death, resulting from the use of the parts or services Buyer purchased from Seller, whether based upon Seller's alleged active or passive negligence, or based upon principles of product liability, or based upon any alleged breach of any statutory/contractual or common law duty or obligation Seller may have, I shall defend, indemnify and hold harmless Seller, its agents, servants and employees, from and against any and all loss, expense, damage or injury that Seller may sustain as a result of any such claim.
I, the Buyer, agree that this agreement shall be governed by the law of the state of Florida and that in the event of a dispute between Buyer and Seller that exclusive jurisdiction and venue of such dispute resides in the courts of the State of Florida to the exclusion of all other jurisdictions. Having read this agreement and knowing these facts and in consideration of Seller accepting my purchase, I, the Buyer, for myself and anyone entitled to act on my behalf, waive and release Rebuild Master Tech, Inc and/or Mercedes Master Tech, Inc., its members, shareholders, officers and employees, from all claims or liabilities of any kind arising out of the installation and or use of parts sold and/or serviced by Rebuild Master Tech and/or Mercedes Master Tech, Inc, even though that liability may arise out of the negligence or carelessness on the part of the Seller.
BY INSTALLING THE PART ON YOUR VEHICLE YOU ARE AGREEING, IN FULL TO ALL OF OUR POLICIES AS WELL AS THIS LIABILITY RELEASE. IF YOU DO NOT AGREE WITH THE TERMS AND CONDITIONS AND LIABILITY RELEASE, PLEASE RETURN THE PART UNUSED IMMEDIATELY FOR A REFUND.