Purchase & Sale Product liability Disclaimer

Status
Not open for further replies.

Knuckleguy

New Member
Hello. I would like to know if I am missing anything from my product warning label. Any suggestions of things I should be including would be great.

It is a phone handle that attaches to a majority of phones via a 3m industrial tape adhesive. It looks like brass knuckles and may tempt consumers to use as a weapon.(terrible idea) I have incorporated as an a corp and I have thorough terms and conditions in place. I was hoping someone might take a look at my product warning/ warranty label that I will be including. It goes as follows.
I replaced the company name with an alias.

"WARNING(large red font) USE AT YOUR OWN RISK.*CHOKING HAZARD* This product contains small pieces. Keep out of reach from children under 8 years old.*ALWAYS TEST THE STRENGTH OF THE HANDLE AND ADHESIVE OVER A SOFT SURFACE BEFORE USE.*THE ADHESIVE INCLUDED MAY NOT ADHERE TO ALL PLASTICS AND MAY LOSE STRENGTH OVER TIME.* DO NOT USE AS A WEAPON OR WHILE OPERATING A VEHICLE. DOING SO MAY PRODUCE SERIOUS INJURY OR DEATH.*WARRANTY/ LIABILITY DISCLAIMER*By using the Kn Website and/or products ("services"), you expressly agree to indemnify Kn Inc and that your use of, or inability to use, any products or services is at your sole risk. -- All products and services are provided 'as is' and 'as available' for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.-In no case shall Knuckles, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. Regardless of your state or jurisdiction, buy purchasing a Knuckles product you expressly agree that our liability shall be limited to the maximum to the amount of your purchase total. Upon purchasing this product you have expressly agreed to the Terms and Conditions available on the website. "
 
Last edited:
You might want to rethink the entire concept.

This should get the old noggin thinking.

http://thelawdictionary.org/article/brass-knuckle-laws/

In some locales, facsimiles or look alikes are prohibited.

If its a decal like thing adhered to the back of a phone, and only 2D, you might have no worries.

I'm sure you've seen cigarette lighters that resemble handguns.

No product liability wiver is ever 100% bullet proof.

You really need to discuss this with an attorney.

The money you spend for real legal advice is to save you from spending money defending a lawsuit down the road.
 
Last edited:
Ya you are right I should really stay away from any resemblance. I am making a two ring handle and it is not 2D. Any suggestions on where I could go for free legal help with this? Thank you for your help. It did get me thinking.
 
Ya you are right I should really stay away from any resemblance. I am making a two ring handle and it is not 2D. Any suggestions on where I could go for free legal help with this? Thank you for your help. It did get me thinking.


Just as your product won't be free to the masses, you're trying to make a profit and offer a useful product, lawyers are trying to get paid, too.

You'll occasionally run into a lawyer willing to do pro bono work, you just have to find him or her.
 
Status
Not open for further replies.
Back
Top