Introduction
This Liability Disclaimer (hereinafter referred to as "Disclaimer") applies to the sale of SPA Technique Fire Suppression Systems (hereinafter referred to as "Products") offered by [SPA Technique] (hereinafter referred to as "Company") through the Company's website [www.spatechnique.com] (hereinafter referred to as "Website"). By purchasing Products from the Website, the customer (hereinafter referred to as "Customer") agrees to the terms and conditions set forth in this Disclaimer.
General Disclaimer
- Product Use and Compliance:
- The Customer acknowledges that it is their responsibility to ensure the proper installation, use, and maintenance of the Products in compliance with all applicable local, state, and federal laws and regulations.
- The Company is not responsible for any non-compliance with regulations, improper installation, misuse, or maintenance of the Products by the Customer or any third party.
- Professional Installation:
- The Company strongly recommends that all Products be installed by an experienced and qualified professional.
- The Customer assumes all risks associated with the installation and use of the Products if not installed by a licensed professional.
Limitation of Liability
- No Warranty:
- The Company makes no warranties, express or implied, regarding the suitability, reliability, availability, timeliness, and accuracy of the Products for any purpose.
- The Company expressly disclaims any warranties of merchantability, fitness for a particular purpose, and non-infringement.
- Limitation of Damages:
- In no event shall the Company be liable for any direct, indirect, incidental, special, consequential, or punitive damages, including, but not limited to, loss of profits, data, or other intangible losses, resulting from the purchase, installation, use, or inability to use the Products.
- The total liability of the Company, whether in contract, warranty, tort (including negligence), or otherwise, shall not exceed the purchase price of the Products.
- Indemnification:
- The Customer agrees to indemnify, defend, and hold harmless the Company, its officers, directors, employees, agents, and affiliates from and against all claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys' fees) arising out of or related to the Customer's purchase, installation, or use of the Products.
Product Performance:
- No Guarantee of Performance:
- The Company does not guarantee that the Products will perform as intended in all circumstances or that they will prevent, extinguish, or mitigate any fire or related incident.
- The Customer acknowledges that the effectiveness of the Products may vary depending on various factors, including, but not limited to, proper installation, maintenance, and environmental conditions.
- Customer Responsibility:
- The Customer is solely responsible for ensuring that the Products meet their specific needs and requirements.
- The Customer is responsible for conducting regular inspections, maintenance, and testing of the Products to ensure their proper functioning.
Governing Law and Jurisdiction:
- Governing Law:
- This Disclaimer shall be governed by and construed in accordance with the laws of the state in which the Company is incorporated, without regard to its conflict of law principles.
- Jurisdiction:
- Any disputes arising out of or in connection with this Disclaimer shall be subject to the exclusive jurisdiction of the courts of the state in which the Company is incorporated.
Acceptance of Terms:
By purchasing Products from the Website, the Customer acknowledges that they have read, understood, and agree to be bound by the terms and conditions of this Disclaimer. If the Customer does not agree to these terms, they should not purchase Products from the Website.