- Terms and Conditions
TERMS AND CONDITIONS OF SALE
Below is a complete statement of the Terms and Conditions of Sale which apply to your purchase and/or use of the Atmotube product. Sale of any Atmotube product is expressly conditioned on your (the “Buyer” or “Buyer’s”) assent to these Terms and Conditions of Sale and Atmotube, Inc. (the “Seller”) expressly objects to any additional or different terms. If you do not accept and agree to these Terms and Conditions of Sale, please return the product promptly.
NO WARRANTY - THERE ARE NO WARRANTIES GIVEN BY SELLER WITH RESPECT TO THE ATMOTUBE PRODUCT, SPECIFCALLY, THERE ARE NO WARRANTIES, EXPRESS OR IMPLIED, ARISING BY OPERATION OF LAW OR OTHERWISE, REGARDING THE ATMOTUBE PRODUCT OR THE USE OF THE ATMOTUBE PRODUCT.
Specifically, there is no warranty or offer of replacement for any losses or damage due to misuse, accident, abuse, neglect, wear and tear, corrosion, moisture, Buyer’s or any other person’s negligence, unauthorized modification or alteration, use beyond capacity, unsuitable power sources or environmental conditions, improper installation, repair, handling, maintenance or application or any other cause not the fault of Seller. Unless otherwise specified by Seller in writing, Seller has no duty to install, inspect, observe, advise and/or warn as to the Atmotube product, or as to any other products or conditions located on Buyer’s property or work site, at the time of sale, delivery, or otherwise.
LIMITATION OF LIABILITY — SELLER IS NOT LIABLE FOR DAMAGES CAUSED BY THE ATMOTUBE PRODUCT OR THE USE OF THE ATMOTUBE PRODUCT AND IN NO EVENT, REGARDLESS OF THE FORM OF THE CLAIM OR CAUSE OF ACTION (WHETHER BASED IN LAW, EQUITY, CONTRACT, INFRINGEMENT, NEGLIGENCE, STRICT LIABILITY, OTHER TORT OR OTHERWISE), DOES SELLER'S LIABILITY TO BUYER AND/OR USERS FOR ANY OTHER DAMAGES HEREUNDER (INCLUDING, WITHOUT LIMITATION, DAMAGES IN AN ACTION FOR CONTRIBUTION OR INDEMNITY) EXCEED THE PRICE PAID BY BUYER FOR THE SPECIFIC ATMOTUBE PRODUCT PROVIDED BY SELLER GIVING RISE TO THE CLAIM OR CAUSE OF ACTION. BUYER AGREES THAT IN NO EVENT DOES SELLER'S LIABILITY TO BUYER AND/OR USERS EXTEND TO INCLUDE INCIDENTAL, CONSEQUENTIAL, SPECIAL, INDIRECT OR PUNITIVE DAMAGES.
For clarity, the term “consequential damages” includes, but is not limited to, loss of anticipated profits; business interruption; loss of use, revenue, reputation or data; costs incurred, including, without limitation, costs for capital, fuel, or power; loss or damage to property or equipment; and environmental clean-up. Any action arising hereunder or relating hereto, regardless of the form of the action (whether based in law, equity, contract, infringement, negligence, strict liability, other tort or otherwise), must be commenced within one (1) year after the date of shipment or it shall be barred.
Unless otherwise specified by Seller in writing, it is expressly understood that any technical advice furnished by Seller with respect to the use of the Atmotube product is given without charge, and Seller assumes no obligation or liability for the advice given or not given, or results obtained, all such advice being given and accepted at Buyer’s risk.
Buyer assumes responsibility for any loss, damage, or injury to persons or property arising out of, connected with, or resulting from the use of Atmotube product, either alone or in combination with other products/components, and shall indemnify, defend, and hold Seller harmless for any such loss, damage or injury.
DISCLAIMER OF RELIABILITY – THERE IS NO ASSURANCE OF MERCHANTABILITY OR FITNESS OF THE ATMOTUBE PRODUCT FOR ANY PARTICULAR PURPOSE.
The Atmotube product presents data in raw form, meaning that the data the user sees is exactly what was collected electronically from the Atmotube product at the moment it was activated and viewed. It is important to remember that this raw data is not and should never be considered valid and verified in the sense that it has not been compiled, vetted and/or tested by any government sponsored or recognized quality assurance agency.
The Atmotube product provides a “snapshot” from a moment in time; to present an accurate picture of air quality, data would need to be compiled, monitored, and compared – and verified - at regular intervals over an extended period of time. The Atmotube product provides estimates only.
To be clear, the data reflected and/or reported by the Atmotube product has neither been validated nor quality assured by federal, state or local air monitoring agencies. The data can and should be expected to change over time and would not be considered reliable unless and until it was put through a formal quality assurance/quality control review. Odd data or anomalous reports are particularly suspect and should be considered invalid.
All data is for personal use, information and enjoyment only. Users should always rely on the advice of their physicians, and their own judgment, to make decisions concerning their health and wellness.