RELEASE OF LIABILITY
AGREEMENT GOVERNING PURCHASE AND USE OF SPARE PARTS
This agreement is made by and between Technical Earth Limited (“Technical Earth”) having a principle place of business at Unit G18, Atlas Business Centre, Oxgate Lane, London, NW2 7HJ. UK, and the undersigned (“Customer”), whose name and address appears below.
Customer desires to purchase or obtain spare parts in order to replace parts that have become damaged or are defective. In exchange for the right to obtain spare parts, Recipient acknowledges and agrees to the following terms and conditions.
1. Risk of Repair. CUSTOMER ACKNOWLEDGES THAT PRODUCTS MAY CONTAIN INTERNAL POWER SUPPLIES THAT ARE EXPOSED WHEN THE UNIT IS OPENED. CUSTOMER FURTHER ACKNOWLEDGES THAT OPENING UNIT CAN RESULT IN RISK, AND IF NOT PROPERLY PERFORMED, POSSIBLY INJURY OR DEATH TO USER. ACCORDINGLY, CUSTOMER AGREES THAT OPENING UNIT AND REPLACING COMPONENTS CAN BE EXTREMELY DANGEROUS AND THAT CUSTOMER IS PROCEEDING AT THEIR OWN RISK.
2. Repair by Qualified Technician Only. Customer agrees that products are not intended to be opened by the general user and that any replacement of damaged or defective components should only be performed by a qualified technician.
3. Release of All Claims Against Technical Earth. Customer hereby agrees to release Technical Earth from any and all claims and liabilities for personal injury or property damage, including damage to the unit under repair or other equipment, which occurs as a result of either opening or replacing components.
4. No Liability for Consequential Damages. IN NO EVENT SHALL TECHNICAL EARTH BE LIABLE TO YOU FOR ANY CONSEQUENTIAL, SPECIAL, INCIDENTAL, OR INDIRECT DAMAGES OF ANY KIND ARISING OUT OF THE USE OF SPARE PARTS OR DEFECTS IN THE PRODUCT, INCLUDING LOST PROFITS, DAMAGE TO PROPERTY AND, TO THE EXTENT PERMITTED BY LAW, DAMAGE FOR PERSONAL INJURY, EVEN IF TECHNICAL EARTH HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. TECHNICAL EARTH’S LIABILITY FOR ANY CLAIM, LOSSES, DAMAGES OR INJURY, WHETHER CAUSED BY BREACH OF CONTRACT, TORT, OR ANY OTHER THEORY OF LIABILITY, SHALL NOT EXCEED THE FEE PAID BY YOU FOR THE SPARE PARTS.
5. Termination of Warranty on Products. Opening products or replacing components may cause damage to the unit itself or its components. Customer agrees that it will bear sole responsibility for any damage occurring during the component replacement process, and that any such damage will void any warranty rights it may have in the unit. Customer agrees to be bound by manufacturer’s and Technical Earth’s decision to deny warranty coverage for any portion of unit under repair damaged by Customer’s replacement of spare parts.
6. Warranty on Spare Parts. Technical Earth warrants that the spare parts conform substantially to the specifications contained in the product documentation when used in accordance with the specifications of the unit under repair for one (1) year from the date of original purchase from an authorized resellers. In the case of a valid warranty claim, your sole and exclusive remedy and Technical Earth’s entire liability under any theory of liability will be, at it’s option, to repair or replace the part(s) without charge or, if not possible, to refund the purchase price to you. This warranty is not transferable; it applies only to the original purchaser of the product. Technical Earth will not accept responsibility for loss or damage in transit. This warranty is void if the product serial numbers have been removed from the product or if the product has been damaged by misuse, modification or unauthorized repair.
7. No Resale of Spares Kits and No Assignment. You agree that you will not resell or offer to others use of spare parts without first: (1) notifying Technical Earth, (2) obtaining a signature on a Release of Liability form identical to this form, and (3) returning a signed form to Technical Earth Customer Support by fax at +44 20 8450 0330. Recipient will not assign or transfer any rights or obligations under this Agreement without the prior written consent of Technical Earth.
8. Governing Law. This agreement shall be governed by and construed in accordance with the law of England. The parties irrevocably submit for the benefit of Technical Earth to the exclusive jurisdiction of the Courts of England and Wales in respect of any claim, dispute or difference arising out of or in connection with this agreement or any Contact.
9. Entire Agreement. This agreement constitutes the entire agreement between the parties and supersedes all prior or contemporaneous oral or written agreements with respect to the subject matter contained herein. This Agreement may only be changed by mutual agreement of authorized representatives of the parties in writing.
AGREEMENT GOVERNING PURCHASE AND USE OF SPARE PARTS
This agreement is made by and between Technical Earth Limited (“Technical Earth”) having a principle place of business at Unit G18, Atlas Business Centre, Oxgate Lane, London, NW2 7HJ. UK, and the undersigned (“Customer”), whose name and address appears below.
Customer desires to purchase or obtain spare parts in order to replace parts that have become damaged or are defective. In exchange for the right to obtain spare parts, Recipient acknowledges and agrees to the following terms and conditions.
1. Risk of Repair. CUSTOMER ACKNOWLEDGES THAT PRODUCTS MAY CONTAIN INTERNAL POWER SUPPLIES THAT ARE EXPOSED WHEN THE UNIT IS OPENED. CUSTOMER FURTHER ACKNOWLEDGES THAT OPENING UNIT CAN RESULT IN RISK, AND IF NOT PROPERLY PERFORMED, POSSIBLY INJURY OR DEATH TO USER. ACCORDINGLY, CUSTOMER AGREES THAT OPENING UNIT AND REPLACING COMPONENTS CAN BE EXTREMELY DANGEROUS AND THAT CUSTOMER IS PROCEEDING AT THEIR OWN RISK.
2. Repair by Qualified Technician Only. Customer agrees that products are not intended to be opened by the general user and that any replacement of damaged or defective components should only be performed by a qualified technician.
3. Release of All Claims Against Technical Earth. Customer hereby agrees to release Technical Earth from any and all claims and liabilities for personal injury or property damage, including damage to the unit under repair or other equipment, which occurs as a result of either opening or replacing components.
4. No Liability for Consequential Damages. IN NO EVENT SHALL TECHNICAL EARTH BE LIABLE TO YOU FOR ANY CONSEQUENTIAL, SPECIAL, INCIDENTAL, OR INDIRECT DAMAGES OF ANY KIND ARISING OUT OF THE USE OF SPARE PARTS OR DEFECTS IN THE PRODUCT, INCLUDING LOST PROFITS, DAMAGE TO PROPERTY AND, TO THE EXTENT PERMITTED BY LAW, DAMAGE FOR PERSONAL INJURY, EVEN IF TECHNICAL EARTH HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. TECHNICAL EARTH’S LIABILITY FOR ANY CLAIM, LOSSES, DAMAGES OR INJURY, WHETHER CAUSED BY BREACH OF CONTRACT, TORT, OR ANY OTHER THEORY OF LIABILITY, SHALL NOT EXCEED THE FEE PAID BY YOU FOR THE SPARE PARTS.
5. Termination of Warranty on Products. Opening products or replacing components may cause damage to the unit itself or its components. Customer agrees that it will bear sole responsibility for any damage occurring during the component replacement process, and that any such damage will void any warranty rights it may have in the unit. Customer agrees to be bound by manufacturer’s and Technical Earth’s decision to deny warranty coverage for any portion of unit under repair damaged by Customer’s replacement of spare parts.
6. Warranty on Spare Parts. Technical Earth warrants that the spare parts conform substantially to the specifications contained in the product documentation when used in accordance with the specifications of the unit under repair for one (1) year from the date of original purchase from an authorized resellers. In the case of a valid warranty claim, your sole and exclusive remedy and Technical Earth’s entire liability under any theory of liability will be, at it’s option, to repair or replace the part(s) without charge or, if not possible, to refund the purchase price to you. This warranty is not transferable; it applies only to the original purchaser of the product. Technical Earth will not accept responsibility for loss or damage in transit. This warranty is void if the product serial numbers have been removed from the product or if the product has been damaged by misuse, modification or unauthorized repair.
7. No Resale of Spares Kits and No Assignment. You agree that you will not resell or offer to others use of spare parts without first: (1) notifying Technical Earth, (2) obtaining a signature on a Release of Liability form identical to this form, and (3) returning a signed form to Technical Earth Customer Support by fax at +44 20 8450 0330. Recipient will not assign or transfer any rights or obligations under this Agreement without the prior written consent of Technical Earth.
8. Governing Law. This agreement shall be governed by and construed in accordance with the law of England. The parties irrevocably submit for the benefit of Technical Earth to the exclusive jurisdiction of the Courts of England and Wales in respect of any claim, dispute or difference arising out of or in connection with this agreement or any Contact.
9. Entire Agreement. This agreement constitutes the entire agreement between the parties and supersedes all prior or contemporaneous oral or written agreements with respect to the subject matter contained herein. This Agreement may only be changed by mutual agreement of authorized representatives of the parties in writing.