THE DIGIVAC COMPANY (“DigiVac”) offers all of its products 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.
The DigiVac product you are purchasing 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.
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 DigiVac products 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 WARRRANTY 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:
You agree 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.
These terms and conditions express 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.
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 reserves the right to change the terms, conditions, and notices under which their products are offered.