It is the responsibility of the end user/buyer to establish the suitability of the product (Varistem stemming plugs) before placing an order.
It is ultimately the responsibility of the individual operation/end user to determine a product application that considers all of the potential risks. It is the responsibility of the end user to include these risks into risk assesments and user training. Varistem will not be held liable for any adverse outcomes due to the above.
Installation poles are not included in orders. It is the responsibility of the end user to supply/obtain installation poles required for Varistem installation.
Varistem plugs cannot be removed from the blasthole once installed. This needs to be taken into account for concerns regarding misfires on operations.
Varistem is a supplier only and it is the design and blast engineer’s responsibility to ensure the plugs are correctly incorporated into the blast design. The end user/buyer/reseller/sub-distributor acknowledges by acceptance/placement of an order that Varistem cannot be held liable in any way for claims, damages, losses, expenses, costs or liabilities arising from activities that include the use of the product. This includes storage/preparation/remedial works involved.
Varistem makes no warranties related to the final use of the product. The buyer assumes all risks and liabilities. As we have no control over the final use of our products, we cannot assume responsibility on damages or expenses related to the product use. Our agents/customers have no authority to make any claims or extend any warranties, and they have no authority to waive the limitations of the seller’s liability.
FOR ANY FOREIGN SHIPMENTS/ORDERS INTENDED FOR EXPORT OUT OF USA: Buyer agrees that all foreign shipments shall be shipped in compliance with all import and export control laws and regulations of the United States (now or hereafter in effect), including but not limited to the Arms Export Control Act (“AECA”) and the regulations thereunder (“ITAR”), the Export Administration Act (“EAA”) and the regulations thereunder (“EAR”), the Securities and Exchange Act of 1934, and the Foreign Corrupt Practices Act (“FCPA”). Buyer further agrees that Buyer shall not directly or indirectly ship (i) to countries or regions that are subject to U.S. sanctions programs or trade embargoes, or are currently the subject of any investigation by the Office of Foreign Assets Control, Department of the Treasury (“OFAC”) or (ii) to entities or individuals that appear on any U.S. government screening list, including but not limited to: (1) Specially Designated Nationals And Blocked Persons List (“SDN List”); (2) Denied Persons List; (3) Unverified List; (4) Debarred List or (5) Entity List. Please see U.S. government screening lists at https://www.export.gov/csl-search. Buyer agrees to indemnify and hold the Seller harmless from and against all claims, charges, actions, and proceedings brought against Seller by any lawful government authority or by any person on account of
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