Risk of Loss and Title
Title to the product purchased from Everything Early Learning will pass to you once the product has been delivered to the carrier and payment is received in full. Everything Early Learning will not assume any liability for lost or damaged items once a product has been delivered to the carrier.
Products of Everything Early Learning contains small parts. Adult supervision is required at all times while using the products. Everything Early Learning shall not be liable for claim whatsoever arising from the use of the product.
Limitation of Liability
EVERYTHING EARLY LEARNING SHALL NOT BE LIABLE FOR AND SHALL BE HELD HARMLESS BY THE CUSTOMER/USER FROM ANY DAMAGE, LOSSES OR CLAIMS OF WHATEVER, INCLUDING, BUT NOT LIMITED TO PROPERTY DAMAGE, PERSONAL INJURY, DEATH, LOSS OF USE, INTERRUPTION OF BUSINESS, LOSS OF PROFITS, OR OTHER CONSEQUENTIAL OR INCIDENTAL, DIRECT OR INDIRECT, SPECIAL OR PUNITIVE DAMAGES OF ANY KIND OR NATURE, INCLUDING LOSS OF PROFITS ARISING OUT OF, IN CONNECTION WITH OR RESULTING FROM THE SALE GOVERNED HEREBY OR THE PARTS, PRODUCTS INCLUDING, BUT WITHOUT LIMITATION, THE MANUFACTURE, REPAIR, HANDLING, INSTALLATION, POSSESSION, USE OR OPERATION OF THE PARTS AND PRODUCTS AND ANY AND ALL CLAIMS, ACTIONS, SUITS, AND PROCEEDINGS WHICH MAY BE INSTITUTED IN RESPECT TO THE FOREGOING. THE MAXIMUM LIABILITY TO THE CUSTOMER/USER FOR PARTS AND PRODUCTS SUPPLIED BY THE EVERYTHING EARLY LEARNING SHALL BE LIMITED TO THE PURCHASE PRICE THE CUSTOMER HAS PAID FOR THE PRODUCTS. THIS APPLIES TO ALL SITUATIONS HOWEVER CAUSED, WHETHER FOR BREACH OF WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, OTHER THAN THOSE DAMAGES THAT ARE INCAPABLE OF LIMITATION, EXCLUSION OR RESTRICTION UNDER APPLICABLE LAW.
EVERYTHING EARLY LEARNING HEREBY DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, EXPRESS OR IMPLIED, BY OPERATION OF LAW OR OTHERWISE, INCLUDING ANY IMPLIED OR STATUTORY WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. FOR GREATER CERTAINTY, AND WITHOUT LIMITING THE GENERALITY OF THE FOREGOING DISCLAIMER, EVERYTHING EARLY LEARNING, SPECIFICALLY DISCLAIMS ANY REPRESENTATION OR WARRANTIES THAT THE PRODUCT SOLD WILL OPERATE IN ACCORDANCE WITH THE CUSTOMERS/PURCHASERS EXPECTATIONS OR REQUIREMENTS. IN THIS REGARD, THE COSTUMER/PURCHASER EXPRESSLY ACKNOWLEDGES THAT ITS DECISION TO PURCHASE THE PRODUCT WAS INDEPENDENTLY DETERMINED AND NOT THE CONSEQUENCE OF, OR IN RELIANCE UPON IN WHOLE OR IN PART, ANY ASSESMENT OR ADVICE BY EVERYTHING EARLY LEARNING.