You understand and agree that Hutchison Enterprises, LLC doing business as Big Al's Custom Scooters offers its products to you conditioned upon your acceptance without modification of the terms, conditions, and notices contained herein.  Your continued use of the website and/or products constitutes your agreement to the terms, conditions, and notices contained herein.

 

LIABILITY WAIVER for work performed by Hutchison Enterprises, LLC doing business as Big Al’s Custom Scooters.

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By purchasing a custom mobility scooter from us, you understand and agree that you have made a request to us to make modifications or changes to the OEM (Original Equipment Manufacturer) mobility scooter including but not limited to parts fitting, body fitting, frame altering, etc., therefore you understand and are agreeing to the following:

 

1. The modifications or changes that you have requested may not meet local, state or federal laws or ADR requirements, therefore it is your responsibility to check if what you have requested can be done legally.

2. You have authorized Hutchison Enterprises, LLC to undertake the agreed upon modifications and your decision may void my manufacturer's warranty and that you assume full responsibility for making these decisions.

3. That the mobility scooter has been purchased from an OEM (Original Equipment Manufacturer) and the modified mobility scooter is sold "as is," and that Hutchison Enterprises, LLC makes no express or implied warranties as to the condition or performance of the mobility scooter.

4. That you have decided upon these modifications and not ideal outcomes may result from these modifications and that changing anything from stock/factory settings has its risks.

5. That Hutchison Enterprises, LLC, its employees and sub contractors are not liable for ANY loss, damage, injury or death resulting from the modifications made to the mobility scooter that you engaged them for. 

 

PRODUCT DISCLAIMER

WARNING: Modified mobility scooters sold through the Website may pose a significant risk to you.

 

WARNING: NOT INTENDED FOR CHILDREN:  Hutchison Enterprises, LLC sells modified mobility scooters.  The products sold are NOT intended for use by children and are only to be used and operated by adults.

 

The mobility scooters have been designed for the specific use designated within their accompanying instructional materials or as displayed on the website.  The mobility scooters may not be used for unlawful uses or for uses not expressly stated in the instructional materials.

 

Hutchison Enterprises, LLC does not represent or warrant that the use of the mobility scooters will have the results described in the accompanying documentation or that the information provided with any mobility scooter is complete, accurate, or useful.  You should test the mobility scooter purchased to determine its properties and suitability for your intended use.

 

The information contained herein is Hutchison Enterprises, LLC’s entire obligation with respect to the products.  If any part of this disclaimer is determined to be void, invalid, unenforceable, or illegal, including, but not limited to the warranty disclaimers, liability disclaimers, or liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall remain in full force and effect.

 

HUTCHISON ENTERPRISES, LLC EXPRESSLY DISCLAIMS ANY RESPONSIBILITY FOR ANY DAMAGE, INJURY, HARM, COST, EXPENSE, OR LIABILITY ARISING OUT OF OR RELATED TO YOUR USE OR MISUSE OF THE MODIFIED MOBILITY SCOOTER.  THE MOBILITY SCOOTER IS PROVIDED ON AN AS-IS BASIS AND WITHOUT WARRANTY OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, ACCURACY, NON-INFRINGEMENT, OR QUALITY.  SOME JURISDICTIONS DO NOT ALLOW AN EXCLUSION OF IMPLIED WARRANTIES.  IF YOU ARE LOCATED IN SUCH A JURISDICTION, YOU ARE ADVISED TO SEEK LEGAL ADVICE TO DETERMINE IF THIS EXCLUSION APPLIES TO YOU.

 

HUTCHISON ENTERPRISES, LLC WILL NOT BE LIABLE TO YOU UNDER ANY LEGAL THEORY, WHETHER IN WARRANTY, CONTRACT, STRICT LIABILITY, TORT, OR NEGLIGENCE, FOR ANY DAMAGES, CLAIMS, INJURIES, JUDGMENTS, COSTS, OR LIABILITIES OF ANY KIND ARISING OUT OF OR RELATED TO YOUR USE OR MISUSE OF THE MODIFIED MOBILITY SCOOTER, INCLUDING, BUT NOT LIMITED TO, PERSONAL INJURY, DAMAGE TO PROPERTY, LOSS OF BUSINESS, LOSS OF INCOME, SPECIAL DAMAGES, INCIDENTAL DAMAGES, CONSEQUENTIAL DAMAGES, PUNITIVE DAMAGES, OR EXEMPLARY DAMAGES, WHETHER FORESEEABLE OR UNFORESEEABLE. IN NO EVENT WILL HUTCHISON ENTERPRISES, LLC’S LIABILITY EXCEED THE VALUE OF THE PRODUCT(S) SOLD.

 

You agree to indemnify, hold harmless, and defend Hutchison Enterprises, LLC, its officers, employees, agents, successors, and assigns, from and against any and all claims, demands, losses, damages, rights, and actions of any kind, including, but not limited to, property damage, infringement, personal injury, and death, that either directly or indirectly arise out of or are related to your use of the modified mobility scooter.

 

YOU UNDERSTAND AND AGREE THAT THE USE OF HUTCHISON ENTERPRISES, LLC’S PRODUCTS AND THE CIRCUMSTANCES IN WHICH THE PRODUCTS MAY BE USED MAY INVOLVE RISKS AND DANGERS OF SERIOUS BODILY INJURY, INCLUDING, BUT NOT LIMITED TO, PERMANENT DISABILITY, PARALYSIS, AND DEATH.  YOU FULLY ACCEPT AND ASSUME ALL SUCH RISKS AND ALL RESPONSIBILITIES FOR LOSSES, COSTS, AND DAMAGES THAT YOU MAY INCUR AS A RESULT OF YOUR USE OF THE PRODUCTS.  YOU WILL NOT MAKE HUTCHISON ENTERPRISES, LLC RESPONSIBLE FOR THE RISKS AND DANGERS INHERENT IN DANGEROUS SITUATIONS.

 

In consideration for being allowed to purchase and use the modified mobility scooter, you understand and agree as follows:

 

1. Assumption of Risk.  You understand and accept that operating the modified mobility scooter involves many inherent risks, dangers and hazards that may cause serious personal injury or death and/or damage to property, and that injuries from such activities are a common and ordinary occurrence.  Such risks and dangers include, but are not limited to, falling and/or tripping while entering or exiting the modified mobility scooter; changes in terrain while operating the modified mobility scooter including but not limited to roots, holes, rocks, wild animals or pets and changes in weather-related conditions, including rain, mud, ice, snow and wind.  YOU ACKNOWLEDGE THAT YOU ARE VOLUNTARILY PURCHASING THE MODIFIED MOBILITY SCOOTER AND OPERATING THE MODIFIED MOBILITY SCOOTER WITH KNOWLEDGE OF THE RISKS, DANGERS AND HAZARDS INVOLVED, AND HEREBY EXPRESSLY AGREE TO ACCEPT AND ASSUME ANY AND ALL RISK OF INJURY, DEATH, OR PROPERTY DAMAGE THAT MAY RESULT THEREFROM.

 

2. Release and Waiver of Liability.  You hereby release and discharge from liability, waive all claims against, and covenant not to sue Hutchison Enterprises, LLC and its officers, directors, trustees, employees, agents and representatives, and their successors and assigns (collectively, “Releasees”) for any injuries, including personal injury or property damage, sustained by you in connection with the use of the modified mobility scooter, which results from or arises out of the negligent acts or omissions of Hutchison Enterprises, LLC or any other Releasee.

 

3. Indemnification.  You hereby agree to defend, indemnify, and hold harmless Hutchison Enterprises, LLC and all other Releasees from and against any and all losses, damages, liabilities, or expenses of whatever kind, including reasonable attorney fees, that they or any of them incur or sustain as a result of my violation of this agreement.  You further agree to defend and indemnify Hutchison Enterprises, LLC from and against any claim brought by a third-party arising out of or relating to my use of the modified mobility scooter.

 

4. Miscellaneous Provisions.  If any term or provision of this Agreement is deemed invalid, illegal, or unenforceable, all other parts will be given full force and affect.  All matters arising out of or relating to this Agreement or my use of the modified mobility scooter will be governed by the laws of the State of Illinois, and exclusive jurisdiction thereof will be in the district court residing in and for Jefferson County, Illinois.

 

YOU HAVE CAREFULLY READ THIS AGREEMENT AND FULLY UNDERSTAND ITS CONTENTS.  YOU AGREE THAT THE OPPORTUNITY TO PURCHASE AND OPERATE THE MODIFIED MOBILITY SCOOTER IN RETURN FOR THE EXECUTION OF THIS RELEASE IS A REASONABLE BARGAIN.  YOU ARE AWARE THAT BY PURCHASING THE MODIFIED MOBILITY SCOOTER THAT YOU WAIVE CERTAIN LEGAL RIGHTS INCLUDING THE RIGHT TO SUE THE RELEASEES.