Armoured hoodie disclaimer

Disclaimer, Terms of Sale & Limitation of Liability – Armoured Riding Gear

PLEASE READ CAREFULLY. THIS DOCUMENT AFFECTS YOUR LEGAL RIGHTS.

Motorcycling, including the use of any related equipment, is an inherently dangerous recreational activity that carries a significant and obvious risk of serious injury, permanent disability, or death. While the armoured riding gear sold under our brand is designed to provide an added level of protection, no product can eliminate all risks.

SquidWorX Supply Co. designs and commissions the manufacture of its branded armoured riding gear. By applying our branding to the products, we hold ourselves out as the manufacturer for the purposes of the Australian Consumer Law.

By completing a purchase on our website and actively ticking the agreement box at checkout, you acknowledge, understand, and expressly agree to be bound by the following terms on behalf of yourself and any end-user of the gear.

---

Made-to-Order Policy & Cancellation

All armoured gear is made to order. You have exactly 24 hours from the time of purchase to request an order cancellation. Once this window has passed, manufacturing will have commenced, and cancellations are no longer possible. To submit a cancellation request, please email: office@squidworx.com. Expected delivery time is approximately 3–4 weeks to your doorstep.

---

1. Assumption of Risk and No Guarantee of Injury Prevention
You acknowledge that motorcycling is a dangerous recreational activity with inherent risks, many of which are beyond our control. This gear is not a guarantee against injury, disability, or death. The protective elements—including CE-rated armour, abrasion-resistant fabrics, and reflective materials—are intended only to reduce the severity of certain impacts and abrasions, not to prevent them entirely. By wearing this gear, you voluntarily assume all risks associated with motorcycling, including the risk that this gear may not prevent injury, regardless of its design or construction.

---

2. Proper Use Required
All gear must be worn correctly, securely fastened, and used in strict accordance with our provided instructions. Improper fit, misuse, modification, or normal wear and tear can significantly reduce protective performance and may void any claims regarding the product's effectiveness. You are responsible for ensuring correct fit, sizing, and compatibility with your other riding equipment. If you are unsure about sizing or fit, you should contact us or seek independent advice before purchasing.

---

3. Inspection and Maintenance
You must inspect all protective gear thoroughly before each use. You must immediately cease use of and replace any item showing signs of damage, wear, compromised stitching, abrasion, or any impact to the protective armour. Protective components degrade over time and with exposure to the elements, and must be replaced as recommended by us or the component manufacturer, or immediately following any crash or impact, regardless of visible damage.

---

4. Compliance and Certification
Where stated, individual armour and protective elements may comply with specific CE or other international standards. Such certification applies to the tested components themselves. We design our gear with the intention of meeting relevant standards where applicable, but certification of individual components does not imply that the overall garment is certified to any specific standard unless explicitly stated. Standards vary by region, and compliance with a standard does not imply absolute protection. You acknowledge that no garment can protect against all foreseeable impacts, forces, or accident scenarios.

---

5. Limitation of Liability

5.1 Australian Consumer Law (Non-Excludable Rights)
Our goods come with guarantees that cannot be excluded under the Australian Consumer Law. You are entitled to a replacement or refund for a major failure and compensation for any other reasonably foreseeable loss or damage. You are also entitled to have the goods repaired or replaced if the goods fail to be of acceptable quality and the failure does not amount to a major failure.

Nothing in this disclaimer is intended to exclude, restrict, or modify any rights or remedies you have under the Australian Consumer Law, or any other statute, to the extent those rights or remedies cannot lawfully be excluded, restricted, or modified. This includes, without limitation, the consumer guarantees as to acceptable quality, fitness for purpose, compliance with description, and safety.

5.2 Limitation of Liability for Permissible Claims

Subject to clause 5.1, the total aggregate financial liability of SquidWorX Supply Co. Pty Ltd under any claim—whether arising in contract, tort (including negligence), or statutory breach—shall under no circumstances exceed the actual purchase price paid by the customer for the specific item of gear giving rise to the claim. Subject to clause 5.1, and to the fullest extent permitted by law, our total liability to you for any loss or damage arising out of or in connection with the purchase or use of this product is limited, at our option, to one or more of the following:
- The replacement of the product or the supply of an equivalent product;
- The repair of the product;
- The payment of the cost of replacing the product or of acquiring an equivalent product; or
- The payment of the cost of having the product repaired.

5.3 Exclusions from Liability
Subject to clause 5.1, and to the extent permitted by law, SquidWorX Supply Co. (including its director Wyatt Thornton) shall not be liable for any loss, damage, injury, or death (whether direct, indirect, consequential, or special) arising from or connected to:
- Any accident, crash, or incident occurring while wearing the gear;
- Incorrect use, negligence, or reckless conduct by the wearer;
- Modification, alteration, or tampering with the product by any person;
- Use of the product beyond its intended purpose (motorcycling and related activities);
- Failure by the wearer to properly inspect, maintain, or replace the gear as recommended;
- Normal wear and tear, degradation over time, or damage caused by impact or abrasion;
- The materialisation of an inherent risk of motorcycling that cannot be eliminated by protective gear;
- Any circumstances beyond our reasonable control.

5.4 Dangerous Recreational Activity Warning
You are hereby warned that motorcycling is a dangerous recreational activity and that participation involves a significant risk of physical harm, including serious injury or death. To the extent permitted by the *Civil Liability Act* (or equivalent state/territory legislation), we will not be liable for harm suffered as a result of the materialisation of an obvious risk of that dangerous recreational activity, whether or not that risk was a result of any act or omission on our part.

---

6. Rider Responsibility
Always ride within your limits, maintain control of your motorcycle, and obey all applicable road and traffic laws. No protective gear is a substitute for professional rider training, safe riding practices, defensive riding techniques, or sound judgment. You are solely responsible for your actions, decisions, and safety while operating a motorcycle. It is your responsibility to ensure this gear is appropriate for the type of riding you undertake and that it fits correctly.

---

7. Severability
If any provision or part of a provision of these Terms is found to be invalid, illegal, or unenforceable by a court of competent jurisdiction, that provision or part-provision shall be severed or, where permissible, modified to the minimum extent necessary to make it valid and enforceable. The invalidity or unenforceability of any provision shall not affect the validity, legality, and enforceability of the remaining provisions of this Agreement, which will continue in full force and effect.

---

8. Entire Agreement
By wearing or using this product, you confirm that you have read, understood, and unconditionally agreed to this disclaimer, terms of sale, and limitation of liability. If you do not accept these terms in full, you must not use this product and should return it in accordance with your statutory rights.

FAIR USE DISCLAIMER:

DuPont™ and Kevlar® are trademarks or registered trademarks of affiliates of DuPont de Nemours, Inc. used under fair use principles by SquidWorX Supply Co. to accurately describe the material components integrated into our protective riding garments. SquidWorX Supply Co. is an independent brand and is not directly affiliated with, sponsored by, or endorsed by DuPont de Nemours, Inc.