▪ ensure that the equipment is ready for shipment to the Buyer no later than 75 (seventy-five) calendar days after the payment has been transferred to the Supplier’s account as per clause 1 of the payment terms;
▪ ensure that the equipment is shipped to the Buyer no later than 15 (fifteen) calendar days after the payment has been transferred to the Supplier’s account as per clause 2 of the payment terms. The delivery time is not subject to this invoice agreement;
▪ perform the installation, commissioning of the equipment, and staff training within a maximum of 10 (ten) calendar days after the delivery of the equipment to the installation site or at other dates mutually agreed upon by the parties, provided that the Buyer fulfills all obligations under this invoice agreement. The equipment must be installed at the agreed installation location.
The Buyer is obligated to:
▪ pay for the equipment, software, and services under the terms of this invoice agreement;
▪ ensure delivery and unloading of the equipment directly to the installation site and bear all customs procedures and related costs for exporting the equipment from the shipping country;
▪ cover the delivery of the equipment and travel expenses for the Supplier's installation team, which will be billed separately;
▪ ensure the presence of its technical personnel during the installation of the equipment for training by the Supplier’s specialists. If the Buyer’s specialists are not present during installation, the Supplier is not obligated to provide such training. Later training may be provided at the Supplier’s premises under a separate agreement;
▪ prepare the premises for installation and commissioning of the device according to the manual, dimensions, and electrical requirements of the device. Equipment cannot be installed if the premises are under construction or not approved by local building and safety authorities;
▪ provide an internet connection for the device.
Returns. The equipment is built to order; no returns or refunds are accepted for any reason. All payments are non-refundable. Any payment under this invoice agreement constitutes full acceptance of these terms and the return policy.
Safety. The Buyer must comply with all safety rules and practices specified by the Supplier and described in the manual, as well as all applicable governmental and local safety laws and regulations. The Buyer must protect all persons and property from injury, damage, or loss at all times and only use properly tested and certified equipment and properly licensed and qualified instructors provided by the Supplier. Any person attempting to use the equipment must sign a liability waiver. Each waiver must be signed and dated and must include the participant’s name and the owner of the equipment. Both the participant and the equipment owner should retain a copy of the signed waiver.
Insurance.
If the Buyer chooses to use the equipment for commercial purposes, the Buyer must, at their own expense, obtain and maintain liability insurance coverage. This insurance must include contractual liability (as applicable to this agreement), personal injury liability, advertising injury, property damage, and bodily injury (including death), as well as coverage for products and completed operations.
Indemnification.
The Buyer agrees to indemnify and hold harmless SkyTechSport, its parent and affiliated companies, and all their respective officers, directors, shareholders, owners, employees, agents, attorneys, and venues (collectively “SkyTechSport Released Parties”) from and against any and all claims, fines, lawsuits, causes of action, liabilities, losses, damages, and/or costs (including reasonable attorneys’ fees, court costs, and associated expenses) arising out of or related to the Buyer’s actions or omissions and/or the equipment provided under this invoice agreement, including but not limited to claims of personal injury, bodily harm, death, or property damage.
Confidentiality. In connection with the order, the Supplier and Buyer may gain access to confidential information, including but not limited to inventions, developments, know-how, specifications, business plans, test results, systems, financial information, product information, operating methods, customer information, supplier information, and compilations of data ("confidential information"). Both parties agree to use such confidential information solely for the purposes stated in this invoice agreement and not to disclose it to third parties or use it for personal gain. Confidential information does not include information that becomes publicly available without breach of this agreement.
Failure by the Buyer to enforce one or more provisions of this agreement shall not be construed as a waiver of such provisions.
1. The Supplier warrants the equipment for a period of 24 (twenty-four) months from the time of delivery, provided the Buyer adheres to the service rules and maintenance schedule outlined in the user manual and information sheet attached to the equipment. During the warranty period, the Supplier shall repair or replace defective equipment parts at no charge (if repair is not possible) when the fault is due to the Supplier. No compensation will be provided for equipment downtime during warranty repairs.
2. During equipment installation, the Supplier will train one or two of the Buyer’s specialists on operational and basic maintenance procedures. These specialists must be certified by the Supplier to perform maintenance on the equipment, as shown in the Buyer’s operations certificate. If the Buyer’s specialists are not present at installation, the Supplier is not obligated to conduct training. Training can later be arranged at the Supplier’s premises under a separate agreement.
3. Routine maintenance of the equipment must be carried out by the Buyer’s specialists, trained and certified by the Supplier.
4. Warranty repair procedures for the equipment:
▪ If a repair is required during the warranty period, the Buyer’s certified specialist must diagnose, identify, and replace defective parts. The Supplier will assist remotely (e.g., software troubleshooting) as needed. Upon identification of defective parts, the Supplier will send replacement parts within 3 (three) business days. The Buyer must return defective parts upon request.
▪ If the identified fault cannot be resolved by the Buyer’s specialist, the Supplier will send a representative to the Buyer’s location for repair. If the repair could have been carried out by the Buyer’s specialists, or the fault is due to misuse or violation of operating procedures, the Buyer will cover the Supplier’s travel and labor costs: transport and hourly labor fees at a rate of €50/hour (excluding travel time).
5. The Buyer must operate the equipment according to the user manual, including all safety precautions.
6. All disputes arising from or in connection with this invoice agreement shall be resolved through negotiation between the parties.
MISCELLANEOUS
Force Majeure.
Neither party shall be liable for delays or failure to perform obligations under this contract if such delays or failures are caused by events beyond their control, including but not limited to war (including civil war), riots, sabotage, embargoes, fires, floods, natural disasters, explosions, governmental actions or omissions, or strikes. These circumstances shall be considered force majeure. Upon becoming aware of such events that may delay or impact the performance of this agreement, each party must inform the other in writing within 15 (fifteen) days. Neither party shall be liable for damages, losses, claims, or other costs arising from force majeure.
This invoice agreement shall be read in conjunction with the user manual and appendices, which together form a single agreement. Any payment under this invoice agreement constitutes full acceptance of its terms.
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