BY USING OUR PRODUCTS YOU WILL WAIVE OR GIVE UP CERTAIN LEGAL RIGHTS
PLEASE READ THE ENTIRE DOCUMENT
FROM: FRASER VALLEY DRY ICE (the “Company”)
TO: Any and all customers, clients, associates, persons or entities purchasing, packaging, shipping, receiving, transporting, storing, using or otherwise handling any and all dry ice or packages containing dry ice products manufactured by the Company (“Handling”) and their respective, directors, officers, partners, members, employees, officials, representatives, agents, independent contractors, suppliers, successors and assigns (all of whom are hereinafter collectively referred to as “Releasor”).
(a) Dry ice may burn the skin. Wear protective clothing and gloves when handling.
(b) Do not ingest dry ice.
(c) Avoid contact with eyes and wear eye protection.
(d) Dry ice is dangerous to cut as cutting dry ice may cause serious bodily injury.
(e) Dry ice may damage food products.
(f) Dry ice may crack and damage surfaces.
(g) Do not use dry ice in small spaces or poorly ventilated areas as dry ice may transform into carbon dioxide, which could cause bodily injury or fatality. Avoid inhaling carbon dioxide gas.
(h) Carbon dioxide gas may accumulate, build up pressure and cause an explosion.
(i) Do not dispose of dry ice in a sewer, garbage disposal or garbage chute.
(j) Do not leave dry ice around unattended children.
2.1 The Releasor acknowledges and agrees to the following:
(a) There are risks associated with Handling dry ice or any package that contains dry ice, such risks include but are not limited to, loss or damage to property, injury or fatality.
(b) Dry ice may transform into carbon dioxide gas which may cause headache, difficulty breathing, nausea, vomiting and unconsciousness.
(c) There may be unknown risks that are not reasonably foreseeable at this time.
(d) IT IS AWARE OF THE RISKS, DANGERS AND HAZARDS ASSOCIATED WITH HANDLING DRY ICE AND PACKAGES THAT CONTAIN DRY ICE AND FREELY ACCEPTS AND FULLY ASSUMES ALL SUCH RISKS, DANGERS AND HAZARDS AND THE POSSIBILTY OF PERSONAL INJURY, DEATH, PROPERTY DAMAGE OR LOSS RESULTING THEREFROM.
(e) This ASSUMPTION OF RISK AND INDEMNIFYING RELEASE is binding on it, its representatives, executors, administrators, successors, and assigns.
(f) The disclaimers and limitations of liability in this Agreement are an agreed upon allocation of risk between the Releasor and the Company and that if the Releasor does not agree to these limitations of liability it shall not handle, transport or otherwise use any products manufactured by the Company (the “Products”).
3.1 In no case shall the Company, or its shareholders, officers, directors, employees, contractors, partners, associates, affiliates, joint ventures, agents, representatives, executors, administrators and successors (“Affiliates”) be liable for any harm, injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation physical injury or death, lost profits, lost revenue, lost savings, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, suffered or sustained by the Releasor in connection with Handling any products manufactured by the Company.
3.2 The Releasor hereby RELEASES AND WAIVES the Company and its Affiliates from all claims, courses of action of any kind whatsoever, in respect to all personal injuries or property losses or any other losses or damages of any kind, including but not limited to consequential damages which the Releasor has or may have in the future against the Company or its Affiliates arising out of action of or connected with Handling the Products.
3.3 The Releasor shall INDEMNIFY AND SAVE HARMLESS the Company and its Affiliates from all claims, third party proceedings, losses or damages, and any associated costs relating to Handling the Products.
3.4 The Releasor acknowledges and agrees that the Company shall not be liable for any losses, costs, damages, and expenses whatsoever resulting from the Releasor’s failure to properly handle, transport, store, or otherwise use the Products.
4.1 The Company shall not be liable for any failure or delay in manufacturing or shipping the Products where such failure or delay is due to causes beyond the Company’s reasonable control, including natural catastrophes, governmental acts or omissions, laws or regulations, epidemics, pandemics, labor strikes or difficulties, transportation stoppages or slowdowns or the inability to procure supplies or materials.
4.2 In the event that any portion of this Agreement is held to be unenforceable, the unenforceable portion shall be construed in accordance with applicable law as nearly as possible to reflect its original intentions and the remainder of the provisions shall remain in full force and effect.
4.3 This Agreement shall be governed by, and construed under, the laws of the Province of British Columbia.
4.4 In this Agreement, the masculine includes the feminine and the neuter genders and the plural includes the singular and vice versa and modifications to the provisions of this Agreement may be made accordingly as the context requires