TERMS OF SERVICE
FIRST: PROPER USE. The correct measurement of the parameters and the communication between the Sensor, the Module and the Software, depends directly on the correct installation and the “Proper Use” of the devices installed by the Climate Solutions Agranimo GmbH team. Climate Solutions Agranimo GmbH will carry out the installations and provide instructions in case installation changes are necessary during the first 4 week installation period. Climate Solutions Agranimo GmbH will ensure that the quality of the data is in line with the equipment specifications. Continued data quality can only be guaranteed if Good Use is maintained. The Proper Use is the one that appears in the antecedents, instructions for use and indications that are accompanied with the dispatch, or that the Climate Solutions Agranimo GmbH team provides by email.
SECOND: INTELLECTUAL PROPERTY. The data collection service and the platform do not constitute any transfer of right, license or authorization on the intellectual property rights, copyrights or authorship of the devices installed by the Climate Solutions Agranimo GmbH team. The Client acknowledges that the sole owner over The intellectual property rights over the product is Climate Solutions Agranimo GmbH and that the only authorized use of the technology is the one described in the Instructions for Use.
THIRD: RESPONSIBILITIES. Climate Solutions Agranimo GmbH will not be liable for damages to the Products or damages caused to third parties by the Products, when they are caused by the Customer’s negligence or by improper use or use other than that specified in the instructions for use. If it will be liable for any damage attributable to faults in the origin of the Product or its manipulation before installation at the Customer’s premises.
FOURTH: Climate Solutions Agranimo GmbH GUARANTEES
1. Hardware Warranty: The Hardware Warranty Period extends for the entire duration of this contract. In the case of hardware that includes installation, the warranty period will begin with the installation of the hardware. For all additional hardware, the hardware warranty period begins upon delivery. This guarantee does not extend to third parties other than the customer who signed the contract.
(b) Exceptions: The hardware warranty will not apply if the hardware or any component thereof i) has been subjected to abuse, misuse, neglect, accident, or for testing, installation, storage, manipulation or use contrary to the manual or any other written instruction issued by Climate Solutions Agranimo GmbH to the Client or has been used in any way other than in terms and conditions of this Agreement, (ii) has been repaired, altered, disassembled or reassembled or removed from the installation by persons who are not expressly authorized by Climate Solutions Agranimo GmbH, (iii) it has not been installed, operated, repaired and maintained in accordance with the instructions, (iv) It failed due to acts of God or force majeure, or (v) it has been used with any software , hardware or third party article, including, without limitation, any reagent that has not been previously approved in writing by Climate Solutions Agranimo GmbH.
(c) Use of Warranty: If during the hardware warranty period the authorized service or support representative of Climate Solutions Agranimo GmbH is notified immediately after the discovery of any hardware failure for the use of the warranty established in this section, a technician Climate Solutions Agranimo GmbH will carry out inspections and tests to determine that the hardware or component has faults that do not allow its use and none of the events described in the previous section have occurred, then, Climate Solutions Agranimo GmbH must replace the hardware or components free of charge. corresponding. Any hardware or component that has been replaced under this warranty will have the same warranty coverage as the original device for the duration of the contract.
2. Software Warranty: The warranty for the Software extends for the hardware warranty period. The sole obligation of Climate Solutions Agranimo GmbH under the above warranty will be to use commercially reasonable efforts to correct any material nonconformity of the software reported to the authorized Climate Solutions Agranimo GmbH technical service representative by the customer during the warranty period. The foregoing warranty shall not apply to non-conformities with the software caused by (a) the use or operation of the Software in an environment other than that envisaged or recommended by Climate Solutions Agranimo GmbH in the applicable documentation, (b) modifications to the Software not made or authorized by Climate Solutions Agranimo GmbH, or (c) is used with Hardware or Software provided by third parties and not authorized by Climate Solutions Agranimo GmbH for its compatible use.