Waiver of Liability & Assumption of Risk

By purchasing, accessing, using, or operating any Crust Busters® products, including but not limited to agitation equipment, power heads, extensions, blades, accessories, fuel containers, and related components (collectively, the “Products”), I acknowledge and agree to the following Terms and Conditions:

Assumption of Risk

I understand that Products sold by Crust Busters are industrial-grade mechanical tools and equipment designed for use in challenging environments. I acknowledge that Crust Busters Products use small gas-powered engines with rotating components that carry inherent risks, including, but not limited to, serious bodily injury, amputation, property damage, fire, burns, environmental contamination, or death if improperly used, maintained, or handled. The use of gasoline, fuel containers, and other flammable liquids further increases these risks.

Improper use, modification, fueling, maintenance, transport, or storage may increase these risks.

By purchasing or using the Products, I knowingly and voluntarily assume all risks associated with their operation, fueling, maintenance, storage, and transport, whether foreseeable or unforeseeable.

Proper Use & Responsibility

I agree to:

  • Use, handle, and operate Crust Busters equipment and Products only for its intended purposes and in accordance with all instructions and manuals provided by Crust Busters
  • Always use appropriate personal protective equipment (PPE)
  • Ensure all guards, blades, components, and fasteners are properly installed and maintained before operation
  • Keep hands, clothing, tools, and bystanders clear of moving parts
  • Use only approved fuel types, fuel mixtures, and properly rated fuel containers
  • Always store and transport fuel safely and away from ignition sources, and in compliance with applicable laws

Crust Busters is not responsible for misuse, improper assembly, modification, neglect, improper maintenance, handling, or operation of any Product.

Fuel, Oil & Gas Container Disclaimer

Fuel containers sold by Crust Busters are intended solely for the storage and transport of approved fuels and oils. Products involving gasoline, oil, or fuel containers present fire and explosion hazards. Improper filling, overfilling, mixing, exposure to heat, impact, or misuse may result in leaks, fire, explosion, equipment damage, property damage, serious injury, or death. I assume full responsibility for the proper handling of fuel and oil, mixing ratios, storage, and compliance with all applicable local, state, and federal regulations.

Disclaimer of Warranties

Except as expressly provided in writing, Crust Busters makes no representations or warranties, whether express or implied, regarding any Products sold. To the fullest extent permitted by law, all implied warranties, including but not limited to warranties of merchantability and fitness for a particular purpose, are expressly disclaimed.

Release of Liability

To the fullest extent permitted by law, I agree to release, waive, and discharge Crust Busters, its owners, officers, employees, affiliates, successors, assigns, and representatives from any and all claims, liabilities, damages, losses, demands, expenses, or causes of action, whether known or unknown, suspected or unsuspected, arising out of or related to the purchase, use, misuse, handling, or operation of any Crust Busters Products, which include, without limitation, fuel containers, and including claims arising from the alleged negligence of Crust Busters, except in cases of gross negligence or willful misconduct where prohibited by law.

Indemnification

I agree to indemnify, defend, and hold harmless Crust Busters from and against any and all claims, damages, losses, liabilities, costs, or expenses (including attorney fees) arising out of or related to my use, misuse, handling, or operation of the Products or the use, misuse, handling, or operation of the Products by any employee, contractor, agent, or other person authorized by me, or failure to comply with these terms and conditions.

Limitation of Liability

To the fullest extent permitted by law, Crust Busters shall not be liable for any indirect, incidental, special, punitive, or consequential damages, including but not limited to lost profits, loss of revenue, downtime, environmental cleanup costs, or business interruption arising out of or related to the purchase, use, misuse, handling, or operation of any Product. 

In no event shall Crust Busters’ total liability exceed the original purchase price of the Product giving rise to the claim.

Modification & Alteration

Any modification, alteration, repair using non-approved parts, or misuse of a Crust Busters Product voids any applicable warranty and releases Crust Busters from any and all liability arising from such modification or alteration.

No Warranty of User Skill

I acknowledge that Crust Busters does not guarantee or assume responsibility for the end user's training, experience, skills, or judgment. Safe and proper operation is the sole responsibility of the purchaser and operator.

Acknowledgment & Electronic Acceptance

By purchasing, accessing, or using the Products, I acknowledge that I have carefully read and fully understand this Waiver and voluntarily agree to be legally bound by its terms. I represent and warrant that I am at least 18 years of age or have full legal authority to bind the business entity on whose behalf I am acting. I understand and agree that electronic acceptance of this Waiver constitutes my legally binding signature and has the same force and effect as a handwritten signature.

Governing Law

These Terms and Conditions shall be governed by and construed in accordance with the laws of the State of Minnesota, without regard to its conflict of laws principles. Any dispute arising out of or relating to these Terms or the Products shall be brought exclusively in the state or federal courts located in Minnesota, and the parties consent to the personal jurisdiction of such courts.

Severability

If any provision of these Terms and Conditions is determined to be invalid or unenforceable, the remaining provisions shall remain in full force and effect.

Binding Effect

These Terms and Conditions shall be binding upon and inure to the benefit of the purchaser and their heirs, executors, administrators, successors, and assigns.

Entire Agreement

These Terms and Conditions constitute the entire agreement between the parties with respect to the subject matter herein and supersede all prior or contemporaneous communications, representations, or agreements, whether written or oral.