Release of Liability
The parties agree that this product constitutes the entire warranty agreement between the parties, superseding all previous communications, oral or written, and no changes, amendments, or additions hereto will be recognized unless in writing signed by both MRLENTZ LLC and the client. It is expressly agreed by both parties that no representations or warranties, expressed or implied, have been or are made by MRLENTZ LLC except as stated herein, and MRLENTZ LLC makes no warranty, expressed or implied as to any implied warranty of merchantability or as to any implied warranty of fitness for any particular purpose, or with respect to any other obligation or liability on the part of MRLENTZ LLC.
The Laws of the State of Washington shall govern construction and interpretation of this warranty.
The exclusive remedy for claims arising hereunder shall be for damages. The liability of MRLENTZ LLC for any and all loss or damage resulting from any cause whatsoever including the negligence of MRLENTZ LLC and for alleged damaged or defective goods, irrespective of whether such defects are discoverable or latent, shall in no event exceed the price of the particular product with respect to which losses or damages are claimed, or, at the election of MRLENTZ LLC, the repair or replacement of defective or damaged equipment. In no event, including the case of a claim of negligence, shall MRLENTZ LLC be liable for incidental or consequential damages arising in connection with the use or inability to use this product.
When you purchase, and/or receive, own, use or handle a holster, sheath and/or any other merchandise (hereinafter referred to as Merchandise or Holster) from MrLentz.com and/or MRLENTZ LLC, you agree to assume all risks related to and/or arising from your ownership and use of the Merchandise and agree to indemnify and hold MRLENTZ LLC, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors
and/or other persons related to MRLENTZ LLC (hereinafter referred to as MRLENTZ LLC), harmless from any and all claims brought by you and/or any person or entity against MRLENTZ LLC related to and/or arising from your ownership and/or use of the Merchandise, and any damages to yourself, others, or any other property related to and/or arising from your ownership and use of the Merchandise.
You expressly agree that your use of, or inability to use, the Merchandise is at your sole risk. The service and all Merchandise and services delivered to you by MRLENTZ LLC are (except as expressly stated by us) 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 MRLENTZ LLC , 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, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the Merchandise or any products procured using MRLENTZ LLC, or for any other claim related in any way to your use of the service or any Merchandise, 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. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.
You agree to indemnify, defend and hold harmless MRLENTZ LLC and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.
Because MRLENTZ LLC has no control over the use of our products, all MRLENTZ LLC products are sold as is and “with all faults”. The entire risk as to the quality and performance of the product is with the buyer. Should the product prove defective following its purchase, the buyer and not the manufacturer, distributor, or retailer assumes the entire risk of all necessary servicing or repairs. Under no circumstances shall MRLENTZ LLC be liable for incidental or consequential damages, such as injury, loss of use of property, commercial loss and loss of earnings or profits. The implied warranties of merchantability and fitness for a particular purpose and all other warranties, expressed or implied, are excluded from this transaction and shall not apply to the product sold. The determination of the fitness or the suitability of any product for a specific use is the responsibility of the buyer. The illustrations shown herein are typical as to finish and application. Due to uncontrollable variances in color saturation, the actual product may differ slightly from that shown in our catalog/web site. MRLENTZ LLC reserves the right to make changes in products built and/or sold by them at any time without incurring any obligation to make same or similar changes on products previously manufactured and/or sold by them.
- These warnings should be read prior to the use of MRLENTZ LLC products. All firearms are potentially dangerous weapons. Firearms should be kept out of the reach of children. Use of a handgun under any conditions may be dangerous. Serious personal injury or even death could occur without proper training in the safe handling of firearms by an accredited firearms safety course. No person should handle any firearm unless such person has successfully passed an accredited firearms safety program. Great care should be used when handling, storing or transporting firearms or when placing or removing a handgun from your MRLENTZ LLC holster.
- TESTING A NEW HOLSTER FOR PROPER HOLSTER AND HANDGUN FIT
- Never place a loaded handgun in a holster without first testing, in an unloaded condition (double-check to make sure the chamber is empty), for proper fit with the handgun. MRLENTZ LLC holsters are designed to fit factory equipped handguns. The use of trigger shoes or grip adapters or any modifications to the handgun may cause improper holster fit and accidental discharge. All MRLENTZ LLC holsters are designed to function safely and are made for specific handguns. DO NOT ALTER YOUR MRLENTZ LLC HOLSTER IN ANY WAY, INCLUDING ANY SAFETY DEVICE INCORPORATED IN ANY MRLENTZ LLC PRODUCT TO ACCOMMODATE HANDGUNS OR OTHER EQUIPMENT FOR WHICH THE MRLENTZ LLC PRODUCT WAS NOT DESIGNED OR INTENDED.
- We have tried to clearly label which holsters offer proper fit for specific handguns. However, continual changes will occur due to the number of handgun makes and models available on the market. MRLENTZ LLC will not be responsible for typographical and other human errors that can and do occur. It is the user’s responsibility to personally check for holster handgun compatibility using actual products. It is also the user’s responsibility to regularly check the holster and its hardware (including, but not limited to, snaps and tension screws) for proper fit and function. Although MRLENTZ LLC attempts to fit the most current model handguns, manufacturers of handguns constantly update their product specifications. Slight manufacturing changes in a handgun model can affect the proper and safe fit of your handgun and holster. MRLENTZ LLC will not be responsible for such changes or for typographical or other human errors, which can and do occur despite diligent efforts. Should any MRLENTZ LLC product become worn, loose, broken, defective or ill-fitting, or if in your opinion is unsafe, cease use immediately.
- CARRY “CONDITION” OF FIREARM Carrying any handgun with a live cartridge in the chamber immediately in front of the firing pin may cause an accidental discharge. Single action revolvers and some semi-automatic pistols should be carried with the hammer or firing pin resting on an empty chamber.
- MRLENTZ LLC holsters with retention straps intended for single-action pistols (such as the 1911) are designed for “hammer down, empty chamber” carry, unless otherwise specified. MRLENTZ LLC holsters without retention straps (“open top”) are designed to carry single-action pistols in all safe conditions of carry as specified by the firearm manufacturer.
- It is the user’s responsibility to exercise extreme caution when handling or carrying any handgun and to assume at all times that the gun is loaded. Do not attempt to cock a handgun while it is in the holster. Cocking the handgun while holstered can cause damage to the holster, gun, or both and may cause an accidental discharge. For information on how to safely carry your particular handgun, please refer to your handgun manufacturer’s safety and instruction manual.
- HOLSTERING YOUR FIREARM You must be certain that your gun is securely seated in the holster each time you holster your firearm before removing your hand from the grip. Firearms must fit snugly in holsters to guard against accidental loss of the handgun. However, a snug fit may cause the slide to go out of battery when holstering. Therefore, you should always place your thumb on the back of the slide to insure that the slide does not go out of battery while holstering. Keep fingers off the trigger and out of the trigger guard when drawing or replacing the handgun in the holster.
- FIREARM RETENTION Always make sure your gun is fully seated in the holster, activating all auto and/or manual retention devices (when provided). Retention devices must be used when provided. Retention straps must be used when provided. During vigorous physical activity, including running, you should not rely on your holster’s retention capabilities; the gun should be held in place with your hand to prevent the gun from falling out of the holster. We strongly recommend a regular practice routine be utilized to assure the continued capabilities of both product and user.
- Tension units are not pre-set at the factory. You will need to adjust them to the appropriate tension to help retain your firearm. Checking your tension screws each time you use your holster is required as part of a regular safety inspection of your equipment. Applying a small amount of clear nail polish to the threads of the tension units after they have been properly adjusted will minimize screw back-out.
- FIREARM SECURITY Carrying a firearm is a serious responsibility that requires constant awareness. It is your responsibility to exercise extreme caution during any situation where another individual may attempt to take away your handgun. Law enforcement officers in particular should be familiar with the departmental tactical and procedural guidelines regarding the use and carrying of firearms in close proximity to potentially dangerous individuals.
In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provision
– ENTIRE AGREEMENT
The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.
These Terms of Service and any policies or operating rules posted by us on this site or in respect to The Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).
Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.
– GOVERNING LAW
These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of Washington.