The American Ceramic Society Materials Science Kits
Warranty Disclaimer, Limitation of Liability and Safety Disclaimer
NO WARRANTY – DISCLAIMER OF WARRANTY
THE AMERICAN CERAMIC SOCIETY (ACerS), OFFERS THE MATERIALS SCIENCE KITS “AS-IS”, WITH NO WARRANTIES
WHATSOEVER, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY, SAFETY,
FITNESS FOR ANY PARTICULAR PURPOSE OR NON-INFRINGEMENT OF PATENTS, COPYRIGHTS OR OTHER
PROPRIETARY RIGHTS OF OTHERS. SOME STATES AND JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED
WARRANTIES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO CUSTOMER. WHEN THE IMPLIED WARRANTIES ARE
NOT ALLOWED TO BE EXCLUDED IN THEIR ENTIRETY, THEY WILL BE LIMITED TO THE SHORTEST DURATION PERMITTED
UNDER APPLICABLE LAW. CUSTOMER MAY ALSO HAVE OTHER RIGHTS WHICH VARY FROM STATE TO STATE.
WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, ACerS DOES NOT WARRANT THAT EACH MATERIALS SCIENCE
KIT IS COMPLETELY ERROR FREE, WILL OPERATE WITHOUT INTERRUPTION, OR IS COMPATIBLE WITH ALL EQUIPMENT
AND SOFTWARE CONFIGURATIONS. CUSTOMER EXPRESSLY ASSUMES ALL RISK FOR USE OF THE MATERIALS SCIENCE
KITS.
LIMITATION OF LIABILITY
TO THE MAXIMUM EXTENT PERMITTED BY LAW, ACerS WILL NOT HAVE ANY LIABILITY OR RESPONSIBILITY TO
CUSTOMER FOR DAMAGES OF ANY KIND, INCLUDING SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES (INCLUDING,
WITHOUT LIMITATION, DAMAGES FOR LOSS OF DATA), ARISING OUT OF OR RESULTING FROM THE MATERIALS SCIENCE
KITS, ANY COMPONENT, DOCUMENTATION, SERVICES OR MATERIALS MADE AVAILABLE TO CUSTOMER IN CONNECTION
WITH THE MATERIALS SCIENCE KITS OR THE USE OR MODIFICATION OF ANY OF THEM, EVEN IF ACerS HAS BEEN
ADVISED OF THE POSSIBILITY OF THE DAMAGES. IN ANY CASE, ACerS AND ITS LICENSORS’ ENTIRE LIABILITY UNDER
ANY PROVISION OF THIS AGREEMENT WILL BE LIMITED TO THE AMOUNT ACTUALLY PAID BY CUSTOMER TO ACerS FOR
THE PRODUCT OR TEN DOLLARS ($10.00), WHICHEVER IS GREATER. Some states do not allow the limitation or exclusion
of liability for incidental or consequential damages, or have legislation which restricts the limitation or exclusion of
liability, so the above limitation may not apply to Customer.
CALIFORNIA RESIDENTS
California Residents: I understand that I am waiving rights with respect to claims that are at this time unknown or
unsuspected, and in accordance with such waiver, I acknowledge that I have read and understand, and I hereby
expressly waive, the benefits of section 1542 of the civil code of California, and any similar law of any state, country or
territory, which provides as follows: “A general release does not extend to claims which the creditor does not know or
suspect to exist in his or her favor at the time of executing the release, which if known by him or her must have materially
affected his or her settlement with the debtor.”
MATERIALS SCIENCE SAFETY DISCLAIMER
The materials science kits contain lessons that are believed to be reliable regarding the safe use and handling of these
materials in laboratories and student classrooms. ACerS, however, does not represent or warrant in this, or in any other
publication, to specify minimum safety or legal standards or to address all of the compliance requirements, risks, or
safety problems associated with the handling of hazardous materials, their use, or the methods prescribed for using
them in laboratories or classrooms. This information is intended to serve only as a beginning point for information and
should not be construed as containing all the necessary compliance, safety, or warning information, nor should it be
construed as representing the policy of ACerS. The kits should be used by minors (under 18) only with adult supervision.
Without limiting the generality of the foregoing disclaimers, no warranty, guarantee, or other form of representation is
made by ACerS as to the accuracy or sufficiency of the information and guidelines included with the materials science
kits, and ACerS assumes no liability or responsibility concerning the use of such instructions and guidelines for any
purpose. It is the responsibility of the users of these materials to consult and comply with pertinent local, state, and
federal laws, regulations, and standards with respect to the handling of materials. Users of the materials science kits
should consult with the school’s legal counsel or other professional advisers about the applicable laws, safety issues,
and compliance issues for the storage of materials and the methods for using the materials in school classrooms and
laboratories.
THIS DISCLAIMER APPLIES TO ANY LIABILITY THAT IS, OR MAY BE INCURRED BY, OR ON BEHALF OF THE
INSTITUTIONS THAT USE THE MATERIALS SCIENCE KITS; INCLUIDNG, WITHOUT LIMITATION, THE FACULTIES,
STUDENTS, OR PROSPECTIVE STUDENTS OF THOSE INSTITUTIONS; AND ANY MEMBER OF THE PUBLIC AT LARGE;
AND INCLUDES, BUT IS NOT LIMITED TO, A FULL DISCLAIMER OF ANY LIABILITY THAT MAY BE INCURRED WITH
RESPECT TO POSSIBLE INADEQUATE SAFETY PROCEDURES TAKEN BY ANY USER.