This Condition of Sale is Copyright 2008 Repel Sharks LLC, per the Berne Convention and the Universal Copyright Convention.
While extensive testing may have shown a repellent to be effective, there is no way to ensure that the same repellent is effective against all species of shark, under all possible conditions, at all different times of the year. Having a shark deterrent device in your possession does not give you magical powers, a license to intentionally attract sharks to your vessel or person, or protection while mishandling, molesting, or otherwise abusing sharks. If you want to produce a film or documentary on repellents, contact us so that we can advise and assist you properly and safely.
Our products help to reduce interactions with sharks. Our products have not been tested on all species of shark. No shark repellent or shark deterrent is 100% effective. The customer and the customer's end users acknowledge the inherent risks of being in an environment with sharks and accepts that products purchased from Repel Sharks or repelsharks.com do not provide complete protection against shark interactions. These products are intended for use in commercial fisheries, recreational fisheries, artisanal fisheries, and aquaculture. You hereby agree not to use these products for life saving, rescue, first response, personal protection, reality TV stunts involving sharks, and situations where sharks are deliberately stimulated. If you disagree with the intended uses, do not complete your purchase.
Limitation of Sales
You must be over 18 years of age to purchase Repel Sharks LLC products. Repelsharks.com reserves the right to limit sales of its products to qualified individuals or organizations. We may contact you to verify your requirements for our products.
1. Representation. It is impossible to eliminate all risks inherently associated with the use of shark deterrent products. In no case shall the manufacturer (Repel Sharks LLC) or seller (Repel Sharks LLC) be liable for consequential, special, or indirect damages resulting from the use or handling of this product. All such risks shall be assumed by the buyer. Except as expressly provided herein, the manufacturer or seller makes no warranties, guarantees, representations of any kind, either express or implied, or by usage of trade, statutory, or otherwise with regard to the product sold, including, but not limited to, merchantability, fitness for a particular purpose, use or eligibility of the product for any particular trade usage. Buyer’s or user’s exclusive remedy, and the manufacturer’s or seller’s total liability, shall be for damages not exceeding the cost of the product. Customer agrees to indemnify and hold Repel Sharks LLC harmless of and from any and all claims, causes of action, damages, and judgements arising out of any act or omission of Repel Sharks LLC, including Repel Sharks LLC's negligence. 2. Obvious Dangers. Obvious product dangers are ipso facto by consumers. You agree to have no expectations in determining the effectiveness of our products. 3. Defects. Defective means that the foreseeable risks of harm posed by the product could have been reduced or avoided by the adoption of a reasonable alternative design by the seller or other distributor, or a predecessor in the commercial chain of distribution, and the omission of the alternative design renders the product not reasonably safe. Consumer expectations do not constitute an independent standard for judging the defectiveness of product designs. Because of the highly variable nature of shark behavior, you agree that a shark that is not repelled is not a design defect. 4. Duty to Warn: The user or consumer is entitled to make his own choice as to whether our product’s utility or benefits justify exposing himself to the risks of harm. By agreeing to these conditions of use, you hereby waive claims of negligence against the manufacturer. We, as the manufacturer, have no duty to protect people against a patent peril or from a source manifestly dangerous. We have the right to expect that you will do everything necessary to avoid such contact, for the very nature of our products gives notice and warning of the consequences to be expected. 5. Inherent Product Hazards: A manufacturer or useful but unavoidably dangerous products is not liable for making them available to a public who desires them despite knowing of their inherent risks. You agree that products commonly understood to be inherently dangerous cannot be classified as defective in design. 6. Foreseeability: You agree to waive all claims regarding the foreseeability of product use, including the extent of harm, the manner of its occurrence, and the type of risk of harm. 7. Adequacy: You agree that the warnings printed on our products are reasonably designed, conspicuous, comprehensible, give a fair indication of the specific risks involved with the product, and are of an intensity justified by the magnitude of the risk. 8. Bystanders: Bystanders may well be placed at risk when our products are used dangerously by other people. You agree that it is your duty to warn bystanders of the risks of hazards of our products when you are using them. 9. Sophisticated Users: You agree that you have the expertise to handle our products. You agree that you fully understand the risks involved with our products and know how to avoid them. We have no duty to warn employees or personnel of knowledgeable buyers about product hazards of which you may be aware.