Liability

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1. TERMS AND CONDITIONS

  1. The recipient (“recipient” or “you”) accepts and agrees that ACT Grants (“we” or “us” or “our”) is a not for profit facilitating various Covid 19 related projects. Among the projects being undertaken are project facilitating the grant and delivery of equipment required for Covid relief (“Project”).
  2. We are not for profit carrying out projects towards Covid relief. We do not have any medical expertise of any kind whatsoever. We are purely making grants and is not getting any monetary or other benefits from the Project or grant / delivery of the equipment.
  3. We have, at the request of the Recipient facilitated the grant / delivery of the equipment. Upon delivery, title to the equipment passes to the Recipient. Upon delivery, the Recipient is solely responsible for the equipment and its use. We are not aware of the purpose for which the equipment will be put. The choice of procuring the equipment has been made by the Recipient.
  4. The Recipient confirms that it operates the facility where the equipment is used. The facility has all necessary approvals and licenses for the operation of the facility. The personnel required for operating the facility and the equipment are duly trained.
  5. You acknowledge that we or any other person (including our respective officers, directors, members, employees, and agents) involved in the procurement, grant or funding or sponsoring of the equipment or in connection therewith will not, whether to the Recipient, its officers, directors, employees, consultants, customers, patients or otherwise:
    i. have any other liability whatsoever arising from the use or operation of the equipment;
    ii. be responsible for usage of the equipment or its upkeep;.
    iii. be responsible, directly or indirectly, for the merchantability or quality of any of the equipment their functioning, or usage;
    iv. be responsible for any personal injury or property damage, of any nature whatsoever, or any untoward incident resulting from the installation, transportation or usage of any equipment including any injury, loss or danger to life or property;
    v. be responsible for any kind of manufacturing defect of the equipment.
  6. Recipient agrees and acknowledges that the we are not the manufacturers or distributors or supplier of the equipment and that the delivery of the equipment is being facilitated by us on an as is where is basis through third party suppliers / vendors.
  7. We and any other person involved in the procurement or funding or sponsoring or procurement of equipment (including our respective officers, directors, members, employees, and agents) expressly disclaim any and all warranties, express or implied, including, without limitation:
    (a) any and all implied warranties of merchantability, quality, durability, non-infringement, and fitness for a particular purpose (whether or not the donor or any of its suppliers knows, has reason to know, or has been advised of any such purpose);
    (b) any warranty regarding results obtainable or to be obtained by the Recipient or any other person as a result of provision or use of the equipment or other materials provided hereunder;
    (c) any warranty of uninterrupted, timely, or error-free operation of any equipment or materials provided hereunder.
  8. The Recipient agrees and acknowledges that it will not hold us (including our respective officers, directors, members, employees, and agents) liable, either directly or vicariously, for any direct, indirect, incidental, special, exemplary, punitive or consequential damages of any type whatsoever related to or arising from the usage of the equipment or arising from any manufacturing defects of the equipment or under any of the applicable laws (including but not limited to any applicable laws with respect to any pharmaceutical laws or any medical related laws.
  9. The Recipient acknowledges that the Recipient will operate and use the equipment (facilitated by us in good faith) as per the operating manuals and as per the directions of the trained personnel.

2. INDEMNITY

  1. The Recipient agrees to indemnify and keep us and our directors, officers, employees, agents fully indemnified (without any limitation whatsoever on its liability) at all times against any and all loss, damage, loss of reputation, loss of goodwill, liability, loss, fines, penalties, fees, damages, costs, amounts and expense (including without limitation attorneys’ fees) arising out of any obligations, claims, actions, suits, judgments, orders, litigations, enforcements and/or proceedings, incurred or sustained by the us in connection with and as a consequence of,
    (i) breach of the terms and conditions mentioned above; or
    (ii) fraud, wilful misconduct, gross negligence or misrepresentation; or
    (iii) Recipient’s use of the products; or
    (iv) Recipient’s violation of any applicable law(s);
    (v) Recipient’s violation of any rights of another person/ entity, including infringement of their intellectual property rights; and
    (vi) claims from patients and users of the equipment.

3. LEGALLY BINDING NATURE

  1. The aforementioned are the Terms and Conditions that govern our facilitating the delivery of the equipment and by filling this form the Recipient agrees to, and give its consent for, a legally binding agreement, between the Recipient and us, in this regard.
  2. In terms of Information Technology Act, 2000, this Google Form is an electronic record. Being generated by a computer system, except for clicking filling this form, it does not require any physical or digital signatures.