DigiVac SNAP Betriebshandbuch - Seite 17

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Section 9. Terms of Use

THE DIGIVAC COMPANY ("DIGIVAC")offers all of itsproducts with the following terms and conditions and

notices as follows. By accepting and/or using a DIGIVAC product, you hereby acknowledge and agree to the

following terms and conditions, and acceptance of these terms and conditions are a condition precedent to

any purchase/sale agreement between you and DIGIVAC.

Exclusive Obligation: The DIGIVAC product you arepurchasing has been designed for a speciﬁc use within a set

of suitable operating conditions, as set forth in its User Manual, or as indicated otherwise by DIGIVAC. Any use

of the DIGIVAC Product for any purpose or under any conditions, other than those speciﬁed, shall render any

limited

warranty void, and shall expressly invalidate any liability of DIGIVAC for damages as a result of such

misuse.User limitation:You may not modify, copy, distribute,transmit, display, perform, reproduce, publish,

license, create

derivative works from, transfer, or sell, any information, software, products or services obtained from or created

by DIGIVAC to any third party, without the express written consent of DIGIVAC to do otherwise. Any violation of

this provision shall give rise to an indemniﬁcation of DIGIVAC by you, for any third party claims arising out of

such violation.THIRTY (30) DAY LIMITED Warranty: All DIGIVACproducts are warranted against any

manufactured defect for a period of thirty (30) days from date of purchase, unless such product is a custom-

work for you and not a

standard DIGIVAC product. Any product qualifying as a custom-work shall not be warranted against any

defects for any purpose, and your acceptance of such custom-work shall relieve DIGIVAC of any liability for any

purpose. WITH THE EXCEPTION OF THE LIMITED WARRANTY ABOVE, YOU AGREE ANY DIGIVAC PRODUCT IS

PROVIDED AS IS, EXCLUSIVE OF ANY WARRANTY, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED

WARRANTY OF

MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR ANY OTHER

WARRANTY, EXPRESSED OR IMPLIED.Limitation Of Liability:Youagree and acknowledge, DIGIVAC shall have

no liability to you whatsoever for any direct, indirect, punitive, incidental, special consequential damages arising

out of or connected

with the use or misuse of its products. In particular, given the nature of DIGIVAC products, you agree and

acknowledge, under no circumstances whatsoever shall DIGIVAC be liable to you for any consequential

damages for damage to any non-DIGIVAC product or service, arising from the failure, use or misuse of a

DIGIVAC product,

including, but not limited to, any vacuum system, engine, vehicle, factory, or the like. In the event, a court of law

with proper jurisdiction ﬁnds DIGIVAC liable to you for any purpose, you agree and acknowledge DIGIVAC's

maximum liability shall not exceed the purchase price of one unit of product giving rise to such liability, or

$250.00, whichever is greater.Entire Obligation:These terms and conditionsexpress the entire obligation of

DIGIVAC with respect to its products. If any part of these terms and conditions are deemed void, invalid,

unenforceable or illegal, including, but

not limited to, the warranty disclaimers, liability disclaimers and liability limitations set forth above, then the

unenforceable clause or sentence may be disregarded with the remainder of these terms and conditions valid

and enforced. In the event the unenforceable clause or sentence leaves a void in these terms and conditions, a

provision closely matching the intent of the unenforceable provision should be deemed inherent within these

terms and conditions, slightly modiﬁed to render such provision valid and enforceable. General: These terms

and conditions are governed by the laws of the State of New Jersey, USA. You hereby consent to the exclusive

jurisdiction and venue of the Courts of New Jersey, in all disputes arising out of or relating to the use of this

product. Use of this product is unauthorized in any jurisdiction that does not give effect to all provisions of

these terms and conditions.

Modiﬁcation of Terms and Conditions:DIGIVAC reservesthe right to change the terms, conditions, and notices

under which their products are offered.

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