MOTORSPORT LIABILITY WAIVER & ASSUMPTION OF RISK - MLW12608

MLW12608

MOTORSPORT LIABILITY WAIVER & ASSUMPTION OF RISK

THIS DOCUMENT CONTAINS A RELEASE OF LIABILITY AND A WAIVER OF CERTAIN LEGAL RIGHTS. BY PLACING AN ORDER OR USING THE PRODUCT, YOU AGREE TO THESE TERMS. READ CAREFULLY.

By placing an order, clicking acceptance in the checkout process, installing, or using any product from Millway AB, the Buyer acknowledges and agrees as follows:

1. Off-Road Competition Use Only

The products are designed and intended strictly for off-road motorsport and competition use unless explicitly stated otherwise in writing.

The products:

  • May not be street legal
  • May not comply with U.S. DOT, Transport Canada, or other regulations
  • May alter vehicle handling and safety characteristics

Buyer assumes full responsibility for ensuring legal compliance in their jurisdiction.

2. Acknowledgment and Assumption of Risk

Buyer understands and acknowledges that motorsport activities and high-performance vehicle modifications involve inherent and substantial risks, including but not limited to:

  • High-speed impact
  • Mechanical or component failure
  • Loss of vehicle control
  • Property damage
  • Serious bodily injury
  • Permanent disability
  • Death

Buyer voluntarily, knowingly, and expressly assumes all risks associated with the purchase, installation, and use of the products.

Buyer understands that these risks may arise from product design, manufacturing, installation, use, misuse, or other causes.

3. Release and Waiver of Liability

To the fullest extent permitted by applicable law, Buyer releases, waives, and discharges Millway AB, its directors, officers, employees, affiliates, and representatives from any and all claims, demands, causes of action, damages, or liabilities arising out of or relating to:

  • Product design
  • Manufacturing
  • Installation
  • Performance
  • Alleged defect
  • Use or misuse

This release applies to claims based on contract, tort, negligence, strict liability, or any other legal theory, to the fullest extent permitted by law.

Buyer acknowledges that this waiver is intended to be as broad and inclusive as permitted by applicable law.

4. Indemnification

Buyer agrees to indemnify, defend, and hold harmless Millway AB from any claims, liabilities, damages, costs, or expenses (including reasonable legal fees) arising from:

  • Installation or use of the product
  • Resale or transfer of the product
  • Modification of the product
  • Third-party claims

This obligation survives purchase and use of the product.

5. Professional Installation Requirement

Buyer acknowledges that installation must be performed by a qualified and experienced motorsport or automotive professional.

Improper installation significantly increases the risk of mechanical failure, serious injury, or death.

Buyer assumes responsibility for ensuring proper installation, inspection, and maintenance.

6. No Reliance on Representations

Buyer confirms that:

  • No oral statements or marketing materials have created any warranty not expressly stated in writing.
  • Buyer has independently evaluated the suitability of the product.
  • Buyer understands that performance components increase mechanical stress and may alter vehicle dynamics.

7. Arbitration and Jury Trial Waiver

Buyer acknowledges that any dispute relating to the product shall be resolved in accordance with the arbitration provisions set forth in the applicable Non-EU Commercial Terms and Conditions.

Buyer expressly waives any right to trial by jury to the fullest extent permitted by applicable law.

8. Digital Acceptance and Binding Effect

Buyer acknowledges that:

  • Acceptance of this Waiver may occur electronically through the webshop checkout process.
  • Electronic acceptance constitutes a legally binding agreement.
  • This Waiver is binding upon Buyer and Buyer’s heirs, executors, personal representatives, successors, and assigns.

9. Governing Law

This Waiver shall be governed by the laws of Sweden.

Disputes shall be resolved in accordance with the arbitration provisions agreed between the parties, to the fullest extent permitted by applicable law.

MLW12608