TERMS AND CONDITIONS OF SALE AND USE

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Company: Testa Seat Inc. Registered: Delaware | Operating: Pittsburgh, PA Last Updated: January 23, 2026

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1. NATURE OF PRODUCT: "POSTURAL SUPPORT DEVICE"

1.1 Classification The Testa Seat is classified strictly as a "Postural Support Device" designed to improve seating ergonomics and inclusion.

• NOT a Medical Device: It is not intended to diagnose, cure, or treat any medical condition.

• NOT a Safety Restraint: It is NOT a certified "Child Safety Seat" or "Car Seat" under US Federal Motor Vehicle Safety Standards (FMVSS).

1.2 Professional Guidance While Testa Seat Inc. provides the equipment, the decision to use this device for a specific child lies solely with the parent or guardian, ideally in consultation with a qualified Occupational Therapist (OT) or Physical Therapist (PT). Testa Seat Inc. is not responsible for developmental regression or physical outcomes allegedly caused by the use of this device.

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2. STRICT SAFETY WARNINGS (MUST READ)

Failure to adhere to these warnings releases Testa Seat Inc. from all liability for injury or death.

2.1 MOTOR VEHICLE WARNING

• ABSOLUTE PROHIBITION: You agree NEVER to use the Testa Seat as a child restraint in a motor vehicle, bus, or ambulance.

• Transportation: If the seat is used in a vehicle (e.g., for transport without a child in it), it must be stored in the trunk or firmly secured so it does not become a projectile in a crash.

2.2 AIR TRAVEL WARNING

• Not FAA Certified: The Testa Seat is not inherently FAA approved.

• Airline Discretion: Use on airplanes is at the sole discretion of the individual airline. We recommend describing the item to airlines as a "Removable Postural Support Cushion" rather than a "seat" to avoid confusion with car seat regulations. Testa Seat Inc. is not liable if an airline refuses to allow the device on board.

2.3 FALL & STRANGULATION HAZARD

• Elevation: When used on a chair, the Testa Seat must be strapped securely to a stable, hard-backed dining chair. Never use on stools, benches, or folding chairs.

• Supervision: NEVER leave a child unattended in the seat. Straps and harnesses can present a strangulation hazard if the child slides down or is positioned incorrectly.

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3. CUSTOM ORDERS & FITMENT WAIVER

3.1 Measurement Accuracy As a custom manufacturer, we build exactly to the numbers you provide.

• Customer Responsibility: You are responsible for the accuracy of measurements. We recommend these be taken by a professional (OT/PT).

• "Risk of Fit" Waiver: If Testa Seat Inc. flags measurements as "unusual" and you confirm to proceed, the order becomes Non-Cancellable and Non-Refundable, regardless of the final fit.

3.2 User Tolerance We guarantee the structural fit of the seat based on measurements. We do not guarantee that the user (child) will tolerate the device. Returns are not accepted on the basis that the child refuses to sit in the device due to sensory issues, behavioral preferences, or comfort sensitivity.

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4. WARRANTY (12 MONTHS)

4.1 Coverage Testa Seat Inc. warrants the hardware and structural integrity of the product for 12 months from the date of delivery.

• Scope: Covers defects in materials (snaps, buckles, frame) and workmanship.

• Usage: Based on "Lifestyle Use" (approx. 4 hours/day). Institutional/Clinical use (24/7 rotation) voids this warranty unless agreed in writing.

4.2 Exclusions (What is NOT Covered)

• Biological Damage: Degradation of materials due to bodily fluids (urine, saliva, sweat) or "individual body chemistry."

• Physical Abuse: Damage caused by biting, picking, scratching, or cutting of foam/fabric parts.

• Alterations: Any modification (drilling, cutting, sewing) by the customer immediately voids the warranty.

• Second-Hand: Warranty is valid only for the original purchaser and is non-transferable.
   

5. RETURN POLICY

5.1 Return Window

• Standard/Stock Items: Returnable within 30 days of receipt (unused, original packaging).

• Custom/Made-to-Order: NON-RETURNABLE unless there is a proven manufacturing defect.

5.2 Return Process

1. RMA Required: Contact hello@testa-seat.com for a Return Merchandise Authorization (RMA). Unsolicited returns will be rejected.

2. Shipping: Customer pays return shipping.

3. Restocking Fee: A restocking fee of 15% applies to all authorized non-defective returns to cover inspection and repackaging.
    

6. INSPECTION & MAINTENANCE

6.1 Daily Check The user/guardian must inspect the seat before every use. Check that:

• Buckles click securely.

• Straps are not frayed.

• Bolts/Knobs are tight.

• If any part is damaged, DISCONTINUE USE IMMEDIATELY.
   

7. LIMITATION OF LIABILITY

7.1 Indemnification You agree to defend, indemnify, and hold harmless Testa Seat Inc. from any claims, damages, or expenses arising from your misuse of the product or violation of these Terms.

7.2 Cap on Damages To the maximum extent permitted by Delaware law, Testa Seat Inc. is not liable for indirect, incidental, or consequential damages (including pain and suffering). Our total liability for any claim shall not exceed the purchase price of the specific product involved.
 

8. GOVERNING LAW

These Terms shall be governed by the laws of the State of Delaware, without regard to conflict of law principles. Any legal actions must be brought in the federal or state courts located in Pittsburgh, Pennsylvania.