The Secretary of Health and Human Services (HHS) has declared a public health emergency, giving rise to liability immunity under the PREP Act for medical countermeasures against COVID-19 (the “Authorized Purpose”)that satisfy certain conditions, including “qualified pandemic and epidemic products” in Section 319F-3 of the Act. This product shall only be used for the Authorized Purpose and not for resale unless under license or sub-license as expressly authorized by MIT.
MIT MAKES NO REPRESENTATIONS AND EXTENDS NO WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, REGARDING THE FACE SHIELDS OR THEIR DESIGN, AND MAKES NO EXPRESS OR IMPLIED WARRANTIES OF ANY KIND, INCLUDING, BUT NOT LIMITED TO, ANY WARRANTIES OF MERCHANTABILITY, TITLE, FITNESS, ADEQUACY OR SUITABILITY FOR A PARTICULAR PURPOSE, USE OR RESULT; ANY WARRANTIES OF FREEDOM FROM INFRINGEMENT OF ANY DOMESTIC OR FOREIGN PATENTS, COPYRIGHTS, TRADE SECRETS OR OTHER PROPRIETARY RIGHTS OF ANY PARTY; AND ANY WARRANTIES THAT THE FACE SHIELDS WILL PERFORM OR COMPLY WITH FEDERAL OR STATE LAWS AND REGULATIONS REGARDING MEDICAL SUPPLIES OR MEDICAL USES.
MIT shall not be liable for any claims, demands, damages, liabilities, or injuries, including, without limitation, for property damage, bodily injury, or death, or for any indirect, special, or consequential damages (the “Claims”), arising out of or in connection with the condition, performance, ownership, use of, or inability to use, the protective face shields.
To the extent the Prep Act does not apply, Recipient and/or user is exclusively responsible for the inspection, storage, transfer, disposal, and/or use of the protective face shields and any Claims resulting therefrom.