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TO WHOM IT MAY CONCERN: SUBJECT: - - Hold Harmless and Indemnification Agreement This agreement entered into on the dates shown at the end, by and between Ernest L. Newman, 510 5th AVE., OWEGO, N.Y.13827 (Tioga County) as the SELLER of a chain saw chain to be used exclusively for cutting large bales of hay and the BUYER named below: BUYER _____________________________________ ADDRESS _____________________________________ _____________________________________
STATE or PROVINCE __________________________________ ZIP (or Postal Code) _____________________ TEL. NO. (_______) ____________________ WHEREAS the SELLER has manufactured and sells a saw chain for the BUYER's use in cutting large bales of hay. WHEREAS the BUYER wishes to purchase said saw chain and is willing to hold harmless and indemnify the SELLER for any harm or damage created by usage of the saw chain or of the BUYER's supplied chain saw by themselves or others they may directly or indirectly control. Now, therefore, the parties agree as follows; I. Only skilled operators of chain saws will be allowed to use this saw chain/saw body combination to cut hay bales. Any and all protective gear normally associated with chain saw operation must be worn. No attempts are to be made to cut any other materials except baled hay. 2. It is understood that gasoline powered chain saws can present a fire hazard from sparks or placing a recently used chain saw (which may be extremely HOT) in close proximity to combustible materials. A fire extinguisher or water must always be handy, in case of fire. Use of an electrically powered chain saw greatly reduces this danger. 3. It is understood that the saw chain lubricant must not present a health hazard to farm animals. Vegetable oils or other digestible materials should be used in place of petroleum based products. Such a product would be peanut oil, etc. A chain lubricant may not be necessary when cutting "baleage" because of it's "wet" condition. 4. The SELLER agrees to sell the hay cutting saw chain to the BUYER who agrees to protect, defend, and hold harmless the SELLER against any and all claims, actions, liabilities, losses, costs, and expenses, including attorneys fees, arising out of any actual or alleged injury or death to any person, damage to any property or any other damage or loss, by whomever suffered, resulting or claimed to result in whole or in part from any usage or defect, or failure, actual or alleged, of this chain. The chain is not to be modified in any way without prior notification of the SELLER. 5. The SELLER guarantees that the hay cutting saw chain is made to fit chain saws having a .050 bar gauge and 3/8 pitch saw and bar sprockets and Oregon # 72-76 or Carlton # Al chain drive links. All hay bale cutting saw chain “knives” are for use on so equipped chain saws, and free from faulty material or workmanship. Except for these warrantees, it is expressly agreed that no other warranty expressed, implied, or statutory, exists or is made by the SELLER. The SELLER's liability under such warranty shall be limited to the repair or replacement of chains deemed to be defective by the SELLER. However, no chains are to be returned to the SELLER for warranty replacement without prior written notice and approval. The foregoing shall be the BUYER's sole and exclusive remedy, whether in contract, tort, or otherwise. In no event shall the SELLER be liable for incidental or consequential damages, commercial losses or any other losses or damages except for the repair or replacement of the hay bale cutting saw chain. 6. The hold harmless and indemnity Provided herein shall extend to the life of the saw chain or it's replacements. 7. This Agreement shall be controlled and interpreted under the laws of the State of New York. The Parties below have executed this Agreement: DATE ____________________________________ BUYER: (SIGN)________________________________ ADDRESS: ___________________________________ ___________________________________ ZIP (or Postal Code) _________________ PHONE: (________) __________________________ SELLER: (SIGN)_______________________________ DATE ___________________________________ Ernest L. Newman, 510 5th AVE. OWEGO, NY 13827 |