- Filters sold here do not come with Masks. Montana Masks are no longer available.
- Filters are sold in packs of 10 only.
Spark R&D makes no representations, warranties, or guarantees with respect to the masks supplied under this Sales Order. Spark is producing the masks in accordance with guidance issued by the FDA in April of 2020 entitled, “Enforcement Policy for Face Masks and Respirators During the Coronavirus Disease (COVID-19) Public Health Emergency (Revised).” The masks are solely intended to assist the general public during the current global pandemic related to COVID-19 and the related nationwide shortage of personal protective equipment. The masks are not intended to and do not replace standard protective equipment such as N-95 masks or surgical masks, and are only intended for use beyond crisis capacity if there is no conventional alternative available. The design, use, and manufacturing processes for the masks are not approved by federal or state authorities, including without limitation the FDA. Each facility should test each batch of masks prior to relying on them for protection. Use of the masks for any purpose is at the user’s own risk. All title and risk of loss relating to the masks passes to Buyer upon delivery by Spark to the carrier for shipping.
SPARK HEREBY EXPRESSLY DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, REGARDING THE MASKS INCLUDING WITHOUT LIMITATION, THE SAFETY, EFFICACY, OR APPROPRIATE USE OF THE MASKS IN ANY PARTICULAR SITUATION. NO EXPRESS IMPLIED WARRANTY OF MERCHANTABILITY, NO IMPLIED WARRANTY OF FITNESS FOR ANY PARTICULAR PURPOSE, NO WARRANTY OF NON-IN- FRINGEMENT, AND NO IMPLIED WARRANTY ARISING BY USAGE OF TRADE, COURSE OF DEALING, OR COURSE OF PERFORMANCE IS MADE BY SPARK. TO THE FULLEST EXTENT PERMITTED BY LAW,(i) IN NO EVENT SHALL SPARK R&D BE RESPONSIBLE OR LIABLE FOR ANY SPECIAL, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES (INCLUDING WITHOUT LIMITATION LOST PROFITS OR LOST REVENUES), WHETHER FORESEEABLE OR NOT, OCCASIONED BY ANY FAILURE TO PERFORM OR THE BREACH OF ANY OBLIGATION TO BUYER, FOR ANY CAUSE WHATSOEVER, AND (ii) SPARK’S LIABILITY UNDER OR IN ANY WAY RELATING TO THIS AGREEMENT OR TO MASKS SOLD HEREUNDER SHALL IN NO EVENT EXCEED THE PURCHASE PRICE OF THE MASKS DELIVERED OR TO BE DELIVERED.