This Agreement is by and between Swearingen 3D Works, LLC (Seller) and the Customer of any product sold by Seller, including “The CareGiver” product (collectively “Products”).  By placing an order and accepting delivery of “The CareGiver” product or other products, Purchaser agrees to be bound by and accepts the Terms and Conditions contained herein.   These terms and conditions constitute a binding contract between the Seller and the Customer.

LIMITED WARRANTY and LIMITATION OF LIABILITY:  Swearingen 3D Works warrants that the Products will substantially conform to the then current specifications created by Swearingen 3D Works for the Products.  Customer's exclusive remedy in the event any of the Products do not conform to the specifications shall be repair or replacement of such Products.  Swearingen shall not be liable for any special, indirect, incidental or consequential damages or for loss, damage or expense, directly or indirectly arising from Customer’s use of or inability to use the Products, either separately or in combination with other Products, or for personal injury or loss or destruction of Property or from any other cause.  THE WARRANTIES SET FORTH HEREIN ARE EXCLUSIVE, AND SWEARINGEN 3D WORKS EXPRESSLY DISCLAIMS ALL OTHER WARRANTIES, WHETHER WRITTEN, ORAL, IMPLIED OR STATUTORY, INCLUDING BUT NOT LIMITED TO, ANY WARRANTIES OF MERCHANTABILITY, WORKMANSHIP OR FITNESS FOR A PARTICULAR PURPOSE.  

FURTHER LIMITATION ON DAMAGES:  Customer agrees that its damages, if any, for breach of contract, breach of warranty, negligence, product liability, or any other cause of action, whether sounding in contract, statute or tort law, shall be limited to the purchase price of the Products sold hereunder.

RESPONSIBILITY FOR UTILIZATION:  Customer assumes all responsibility for the utilization of any Products sold hereunder.  Customer represents and warrants that Customer has sufficient experience, knowledge and training to utilize the Products.  Customer waives, releases and agrees to indemnify Swearingen 3D Works from any claims relating to utilization of the Products.

GOVERNING LAW/EXCLUSIVE JURISDICTION:  These Terms and Conditions and the sale of any Products hereunder shall be governed by the laws of the State of Iowa.  Any action related to this Agreement or the Products sold hereunder shall be brought exclusively in the Iowa state court for Linn County, Iowa.