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Commercial Warranty Statement And Liability Policy


 

TERMS AND CONDITIONS

 

 

1.      LIMITED WARRANTY

HB-MOUNT WARRANTS THE PRODUCT DESIGNATED HEREIN (THE “PRODUCT”) TO BE FREE OF MANUFACTURING DEFECTS IN MATERIAL AND WORKMANSHIP, SUBJECT TO THE CONDITIONS HEREINAFTER SET FORTH, FOR A PERIOD OF (2) TWO YEARS FROM THE DATE OF SHIPMENT FROM HB-MOUNT FACILITIES. THE PRODUCT IS PROVIDED WITHOUT WARRANTY OF ANY KIND EXCEPT THAT IT COMPLIES WITH THE APPLICABLE PRODUCT SPECIFICATIONS. HB-MOUNT SHALL NOT BE RESPONSIBLE FOR ANY SHIPPING, HANDLING, DISMANTLING AND/OR REINSTALLATION CHARGES AND RESERVES THE RIGHT TO CHARGE THE CUSTOMER FOR ANY AND ALL SERVICES PROVIDED NOT ENTIRELY COVERED BY THIS LINITED WARRANTY POLICY.

 

2.      GENERAL CONDITIONS

THIS LIMITED WARRANTY IS SUBJECT TO THE FOLLOWING CONDITIONS AND LIMITATIONS. THE LIMITED WARRANTY IS VOID AND INAPPLICABLE IF THE PRODUCT HAS BEEN ABUSED, DAMAGED BY ACCIDENT OR NEGLECT OR IN BEING MISS-CAREFULLY TRANSPORTED OR STORED, OR THE DEFECT IS DUE TO THE PRODUCT BEING REPAIRED OR TAMPERED WITH BY ANYONE OTHER THAN HB-MOUNT. THE LIMITED WARRANTY DOES NOT COVER NORMAL WEAR, DECREASE IN PERFORMANCES, AND DISCOLORING OF THE PRODUCT. HB-MOUNT WILL NOT BE IN CHARGE OF ANY FORCE MAJOR DAMAGE, DIRECT OR INDIRECT, CAUSED TO EQUIPMENT OR HUMAN. THE PRODUCT MUST BE PROPERLY PACKED AND RETURNED TO HB-MOUNT REPAIR CENTER BY THE CUSTOMER AT HIS OR HER SOLE EXPENSE. HB-MOUNT WILL NOT PAY ANY RETURN FREIGHT AND SHIPPING FOLLOWING THE EVENTUAL REPAIRS OR REPLACEMENT OF THE PRODUCT FROM HB-MOUNT FACILITY TO THE CUSTOMER ARE ENTIRELY AT THE CUSTOMER EXPENSES. PRIOR TO ANY RETURN AND SHIPPING, THE CUSTOMER MUST UNDER ALL CIRCUMSTANCES CONTACT HB-MOUNT IN ORDER TO REACH THE MOST APPROPRIATE AGREEMENT REGARDING THE FUTURE PROCEDURES. ONLY WHEN INSTRUCTED BY HB-MOUNT CAN THE CUSTOMER RETURN A PRODUCT. CONDITIONS, WAYS AND ANY DETAIL HB-MOUNT SEES APPROPRIATE REGARDING THE RETURN OF THE PRODUCT MUST BE COMPLIED TO BY THE CUSTOMER. HB-MOUNT REFUSES ANY AN ALL RESPONSIBILITIES, WERE THE CUSTOMER NOT TO FOLLOW ITS INSTRUCTIONS OR TAKE ANY LIBERTY REGARDING THE RETURN PROCEDURES, INCLUDING BUT NOT LIMITED TO PACKAGING, CHOICE OF COURRIER, CHOICE OF PRESTATIONS PROVIDED BY THE AFORE MENTIONED COURRIER, TIME OF SHIPPING, ADRESS OF RETURN. A RETURNED PRODUCT MUST BE ACCOMPANIED BY A WRITTEN DESCRIPTION OF THE DEFECT, A PHOTOCOPY OF THE ORIGINAL PURCHASE RECEIPT AND THE ORIGINAL OF THE WARRANTY CERTIFICATE CLEARLY LISTING MODEL AND SERIAL NUMBER. THE CUSTOMER IS UNDER THE OBLIGATION TO PROVIDE HB-MOUNT WITH THE COMPLETE AND FULL NAME, THE FULL ADRESS, THE PRECISE DATE OF PURCHASE AND THE EXACT PRICE PAID BY THE CUSTOMER AS CORRESPONDING TO HB-MOUNT'S RECORDED HISTORICAL DATABASE OF CUSTOMERS AND SALES. ANY FAILURE TO PROVIDE ANY OF THE PRECEDING DETAILS CAN IMMEDIATELY VOID ANY AND ALL WARRANTIES, AS WELL AS ALL PROMISES MADE BY HB-MOUNT TO THE CUSTOMER OR REGARDING HIS OR HER PRODUCT. HB-MOUNT RESERVES THE RIGHT TO MODIFY THE DESIGN OF ANY PRODUCT WITHOUT OBLIGATION TO PURCHASERS OF PREVIOUSLY MANUFACTURED PRODUCTS AND TO CHANGE THE PRICES OR SPECIFICATIONS OF ANY PRODUCT WITHOUT NOTICE OR OBLIGATION TO ANY PERSON.

 

3.      CUSTOM PRODUCTS

ALL CUSTOMS PRODUCTS, INCLUDING PRODUCTS DESIGN AND OR MANUFACTURE AT THE SPECIAL REQUEST OF A CUSTOMER, PRODUCTS MODIFIED IN ANY WAY AT THE REQUEST OF A CUSTOMER OR FOLLOWING HB-MOUNT'S OPINION TO DO SO WITH OR WITHOUT NOTIFYING THE CUSTOMER BUT WITH THE OBLIGATION TO INFORM THE CUSTOMER WHEN PROMPTED, UNIQUE PRODUCTS NEVER RELEASED TO THE PUBLIC, PRODUCTS INITIALLY FALLING UNDER THE CATEGORY ''CUSTOM PRODUCTS'' BUT HAVING SINCE BEEN RELEASED TO THE PUBLIC OR NO LONGER QUALIFYING AS A CUSTOM PRODUCT BY CURRENT STANDARDS, ANY PRODUCT OR SERVICE PROVIDED UNDER ANY AGREEMENT TO ANYONE WHILE BENEFITING OF ANY SERVICE, CUSTOMIZATION, SPECIAL CARE IN HANDLING, DELIVERY, PAYMENT, PRICES, OR USES, ARE SUBJECT TO HB-MOUNT'S ''CUSTOM PRODUCT'' POLICIES, TAKING AUTHORITY OVER HB-MOUNT'S GENNERAL GUIDELINES, TERMS AND CONDITIONS AND POLICIES WHEN CONFLICT IS PRESENT BETWEEN THESE DIFFERENT POLICIES.

HB-MOUNT'S CUSTOM PRODUCTS ARE SUBJECT TO A 2YEAR LIMITED WARRANTY, WITH RESTRICTIONS AND LIMITATIONS TO IT CORRESPONDING TO THE DEREE IN WHICH THE CUSTOM PRODUCT DIFFERS FROM A NORMAL PRODUCT, IN CONCEPTION, PRODUCTION, RAGE, USE, MATERIALS CARE OR ANY OF THE FIELDS COVERED BY HB-MOUNT GENERAL CONDITIONS AND WARRANTY. THESE RESTRICTIONS INCREASE THE CUSTOMER'S LIABILITY AND RESPONSIBILITY AND CAN IN NO CASE BE ADDITIONNED TO ANY OF THE GENERAL RESPONSIBILITIES OF HB-MOUNT SO AS TO BENEFIT OR FAVORISE THE CUSTOMER.


 

ANY UNSATISFACTION REGARDING THE CUSTOM PRODUCT AFTER PAYMENT BY THE CUSTOMER, REGARDING THE NATURE OF THE PRODUCT, ITS USE, CARE, SPECIFICATIONS OR CONDITIONS IS LEFT TO THE SOLE DISCRETIONA ND RIGHT OF HB-MOUNT AND THE CUSTOMER IS NOT ENTITLED TO ANY RIGHT OF CLAIM OR COMPENSATION OF ANY KIND BEFORE HAVING INARGUABLY DEMONSTRATED THE FAILURE OF HB-MOUNT TO FOLLOW THE DETAILS AS DISCUSSED PRIOR TO THE SHIPMENT OF THE PRODUCT AND THE INCAPACITY OF HB-MOUNT TO PROVIDE A SOLUTION TO THE CURRENT SITUATION, SUCH AS REPLACEMENT, IMPROVEMENT, PARTIAL REFUND, MODIFICATION OF THE USE OF THE PRODUCT OR OF ITS CARE. THEN AND ONLY THEN IS THE CUSTOMER OF A CUSTOM PRODUCT ENTITLED TO CONSIDER THE USE OF HB-MOUNT CUSTOM PRODUCT REFUND AND WARRANTY POLICY AND THEIRS TERMS.

4.      SPONSORSHIPS AND SPECIAL AGREEMENTS

ALL SPECIAL AGREEMENTS, CONTRACTS AND PARTNRSHIPS BETWEN HB-MOUNT AND A THIRD PARTY OF ANY CLASS, INDIVIDUAL, GROUPMENT OF INDIVIDUALS, COMPANIES, BRANDS, OWNER OF MATERIAL OF INTEREST OR PARTNER OF ANY KIND AND NATURE ARE SUBJECT TO ALL HB-MOUNT GUIDELINES AND CONDITIONS, EXCEPT SPECIFIED OTHERWISE IN THE CONTRACT ISSUED BY HB-MOUNT TO THE THIRD PARTY. SPECIFICITIES RELATED TO ANY FIELD DISCUSSED IN THE DOCUMENT ARE OF GREATER AUTHORITY THAN ANY GENERAL GUIDELINE ISSUED BY HB-MOUNT IN ORAL OR WRITING AT ANY TIME PRIOR TO OR FOLLOWING THE AGREEMENT AS STATED IN THE CONTRACT. CONDITIONS AND WARRANTY POLICIES REGARDING PRODUCTS ISSUED FOR FREE OR AT A COST WITH REGARDS TO THE AGREEMENT ARE SPECIFIED BY HB-MOUNT TO THE BENEFICIARY AND ARE FOLLOWING SPECIFIC POLICIES WHICH AUTHORITY SUPERSEEDS THAT OF WHICH IS PROVIDED TO REGULAR HB-MOUNT CUSTOMERS. HB-MOUNT RESERVES THE RIGHT TO ESTABLISH CASE BY CASE CONDITIONS ACCORDING TO WHAT HB-MOUNT SEES FIT AND NO RIGHT OR ADJUSTMENT CAN AT ANY TIME BE CLAIMED BY THE BENEFICIARY. GENERAL CONDITION OF SPECIAL AGREEMENTS ARE PROVIDED BY HB-MOUNT PRIOR TO CONTRACT AGREEEMENT AND AVAILABLE TO SPECIAL PARTNERS AT THEIR SPECIAL REQUEST COMMUNICATED IN WRITINGS THROUGH THE OFFICIAL HB-MOUNT COMMUNICATION CHANNEL.

HB-MOUNT RESERVES THE RIGHT TO SUSPEND, CANCEL, STOP AND MODIFY ANY AGREEMENT WITH ANY PARTNER AT ANY TIME WHEN ANY OR SEVERAL OF THE PARTNERS OF A GIVEN AGREEMENT VOID(S) ANY OR SEVERAL OF THE REQUREMENTS DEMANDED BY HB-MOUNT TO THE PARTNER(S), CONDITIONS ACCEPTED BY THE PARTNER(S), OR REFUSAL BY THE PARTNER(S) TO FULLY ACCEPTTHE AGREEMENTS. ANY FAILURE TO KEEP THE NATURE, CONDITIONS OF AGREEMENT AND OF THE BENEFITS OF THE AGREEMENTS FOR ANY PARTY CAN IMMEDIATELY RESULT IN THE SUSPENSION, CANCELLATION, TERMINATION OR MODIFICA AND COMPLY WITH ANY OR ALL MODIFICATIONS MADE TO THE CONTRACT, AGREEMENT, CONDITION AND CIRCUMTANCES REGARDING THE AGREEMENT BY HB-MOUNT WITH NOTIFICATION TO THE INTERESTED PARTIES.

ALL INFORMATION, QUESTIONS, CLAIMS, COMPLAINTS, SPECIFIC NEEDS AND CONDITIONS OF AGREEMENT FOR ALL PARTIES ARE SUBJECT TO NON DISCLOSURE AND ARE FOR THE SOLE KNOWLEDGE OF HB-MOUNT AND THE BENEFICIARIES OF TION OF THE AGREEMENT TO THE SOLE RIGHT AND DISCRETION OF HB-MOUNT.

5.      NO LIABILITY

OTHER THAN REPAIR OR REPLACE THE PRODUCT BY NEW OR REFURBISHED PRODUCTS ACCORDING TO THE TERMS OF THIS WARRANTY, HB-MOUNT SHALL NOT BE LIABLE IN ANY CASE FOR ANY DAMAGES WHATSOEVER, ARISING OUT OF THE USE OR INABILITY TO USE THE PRODUCT, INCLUDING (BUT NOT LIMITED TO) UNDER ANY CONTRACT, STRICT LIABILITY, NEGLIGENCE OR OTHER THEORY FOR ANY INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES INCLUDING, WITHOUT LIMITATION, LOST PROFITS IN CONNECTION WITH THE SUBJECT MATTER OF THIS WARRANTY OR ANY PURCHASE ORDER, IRRESPECTIVE OF WHETHER THE CUSTOMER OR ANY THIRD PARTY HAD ADVANCE NOTICE OR KNOWLEDGE OF THE POSSIBILITY OF SUCH DAMAGES.

HB-MOUNT DOES NOT ENCOURAGE ANYBODY TO ENGAGE IN ANY KIND OF ACTIVITY, INCLUDING BUT NOT LIMITED TO SKYDIVING AND ITS SUB DISCIPLINES, CANOPY FLYING AND ANY ACTIVITY IN WHICH THE CUSTOMER MIGHT ATTEMPT TO USE HB-MOUNT PRODUCTS. THE CUSTOMER AGREES BY PURCHASING HB-MOUNT PRODUCTS THAT HE OR SHE UNDERSTANDS FULLY AND ACCEPTS FULLY THE RISKS OF ENGAGING IN SUCH ACTIVITIES AND THE RISK OF USING HB-MOUNT PRODUCTS. ANY AND ALL CUSTOMERS AND ANY AND ALL USERS OF HB-MOUNTS ACCEPTS FULLY ALL RISKS AND ALL DANGERS POSSIBLY RESULTING FROM ANY BEHAVIOUR DIRECTLY OR UNDIRECTLY LINKED TO HB-MOUNT, INCLUDING BUT NOT LIMITED TO MATERIAL DAMAGES TO THE SELF AND TO OTHERS, PHYSICAL DAMAGES INFLICTED TO THE SELF AND OTHERS THAT CAN RESULT IN INJURIES, SERIOUS INJURIES AND DEATH.

HB-MOUNT CONSERVES THE RIGHT TO CHANGE, RECTIFY AND MODIFY PART OR ENTIRETY OF THESE TERMS WITHOUT NOTICE TO ANY PERSON WITHOUT CONSEQUENCES IN THE TERMS OF HB-MOUNT RESPONSIBILITY REGARDING ANY OF THE TERMS AND CONDITIONS DISCUSSED HERE.

THESE CONDITIONS ARE AVAILABLE ON THE OFFICIAL HB-MOUNT WEBSITE AND CAN BE REQUESTED BY ANY PERSON AT ANYTIME AND MUST BE ACCEPTED BY ANY AND ALL USERS AND CUSTOMERS WHEN ANY PRODUCT IS PURCHASED OR USED, WHICHEVER HAPPENS FIRST IN TIME. THE ACCEPTANCE OF THESE TERMS BY THE CUSTOMER AND BY THE USER OF HB-MOUNT PRODUCTS CAN NEVER BE WITHDRAWN AND ARE NOT LIMITED BY OWNERSHIP OR USE OF HB-MOUNT PRODUCT, AVAILABILITY OF THE PRODUCT, NOR BY THE FINANCIAL CONDITION OF HB-MOUNT, THE EXISTENCE OR NON-EXISTENCE OF HB-MOUNT OR ANY COMPANY, CORPORATION OR PERSON LINKED TO HB-MOUNT OR ANY OF ITS SERVICES OR PRODUCTS.


 

THIS POLICY APPLIES TO ANY AND ALL PRODUCTS DESIGNED, MANUFACTURED AND/OR SOLD OR GIVEN UNDER ANY AND ALL FORMS BY HB-MOUNTN IN ANY COUNTRY AND IS VALID AT ALL TIME DURING AND AFTER HB-MOUNT OPERATION.