for the purchase of ‘AQUA HEALTH’ and COLLOIDAL SILVER GENERATORS
DISCLAIMER – LEGALLY WE CANNOT MAKE OR GUARANTEE ANY SPECIFIC CLAIMS AS TO THESE PRODUCTS OR INFORMATION PROVIDED ON THIS WEB SITE. We do however strive to provide factual information be it from articles, journals and personal experience by users including our own experiences. Understand that Aqua Health is on the cutting edge and we encourage research to explore its further application and treatments but all is at your own personal responsibility. We are happy to offer helpful advice and hints as far as we can but the ultimate responsibility is yours as to its safe operation for any application it is used for. WE DO NOT ACCEPT ANY RESPONSIBILITY FOR ANY MISS-USE OF THE EQUIPMENT PROVIDED. HOWEVER WE WISH YOU EVERY SUCCESS. PLEASE NOTE THESE TERMS AND CONDITIONS AND INDEMNITY AGREEMENT APPLIES FOR THE PURCHASE OF AQUA HEALTH EQUIPMENT AND COLLOIDAL SILVER GENERATORS BY TICKING THE BOX YOU ARE AGREEING TO THESE TERMS AND CONDITIONS.
This Indemnity Agreement (this “Agreement”) is entered into as of the date of purchase as stated on the order form between the purchaser /user of the Equipment ( ‘Indemnifier’) and Eco Energy (Aust) Pty Ltd Trading as Nutech2000 (‘Indemnitee’).
Indemnifier and Indemnitee may collectively be referred to as the “Parties.”
1. INDEMNIFICATION: For good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, Indemnifier hereby expressly agrees to indemnify and hold harmless Indemnitee, its successors or assigns against all suits, actions, claims, demands, or damages that arise from the following: That the purchase, Hire, Loan or gift of any product acquired from Eco Energy (Aust) Pty Ltd Trading as Nutech2000 and in particular the ‘AQUA HEALTH AND RELATED EQUIPMENT’.
-Be it understood that such a machine requires proper management and monitoring at all times.
-As an electrical device plugged into the mains all usual and necessary care must be taken when operating near and around water.
-The device requires diligent water management with distilled water in the machine it self and filtered drinking water in the external bottles supplied with the AQUA HEALTH unit.
Proper monitoring of the flash back arrester is required to maintain half full to two thirds level at all times.
-The check valve needs to be checked to ensure it is working properly at all times to prevent pull back from the external tank and thus over filling of the cell.
-The current flow as indicated by the meter should be monitored and observed to be working in the correct current range. ( around 13 amps)
-WARNING: This machine produces Hydrogen and Oxygen which is explosive/implosive and as such extreme caution is required in that absolutely no ignition sources are to be any where near the use of the machine while on and producing Gases.
-Although we share our personal experiences and refer customers to extensive research articles in what is claimed to be the advantages in using this machine, we offer this as information only and not to be taken as advice in any way as to what this machine may achieve for any customer.
– The Purchaser is totally responsible for their own research and the use of the machine is totally up to their own research and their own experimentation. We the seller make NO Claims or Guarantees as to the safe use of the machine or its effectiveness in treating any particular condition.
-The purchaser is fully responsible for the safe use of the machine and for taking all reasonable precautions for its safe use in all the circumstances of its use
2. INDEMNIFICATION PROCEDURES:
- Notice. In the event that Indemnitee receives notice of any asserted or impeding claim where Indemnitee believes indemnification would be sought under this Agreement, Indemnitee shall promptly give notice to Indemnifier of the claim.
- Option to Defend. In the event Indemnifier shall be obligated to indemnify Indemnitee under this Agreement, Indemnifier shall be entitled to assume the defence of any such claim, with counsel approved by the Indemnitee (which approval shall not be unreasonably withheld) upon the delivery to Indemnitee of written notice of its election to do so. After delivery of such notice, approval of such counsel by Indemnitee and the retention of such counsel by Indemnifier, Indemnifier will not be liable to Indemnitee under this Agreement for any fees of counsel subsequently incurred by Indemnitee with respect to the same claim; however, Indemnitee shall have the right to employ its own counsel in any such claim at its own expense.
- Duplication of Payments. Indemnifier shall not be liable under this Agreement if Indemnitee has otherwise actually received payment (e.g. under any insurance policy, etc.) of the amounts otherwise indemnifiable under this Agreement.
3. SEVERABILITY: If any part or parts of this Agreement shall be held unenforceable for any reason, the remainder of this Agreement shall continue in full force and effect. If any provision of this Agreement is deemed invalid or unenforceable by any court of competent jurisdiction, and if limiting such provision would make the provision valid, then such provision shall be deemed to be construed as so limited.
4. BINDING EFFECT: The covenants and conditions contained in this Agreement shall apply to and bind the parties and the heirs, legal representatives, successors and permitted assigns of the Parties.
5. ENTIRE AGREEMENT: This Agreement constitutes the entire agreement between the Parties and supersedes any prior understanding or representation of any kind preceding the date of this Agreement. There are no other promises, conditions, understandings or other agreements, whether oral or written, relating to the subject matter of this Agreement. This Agreement may be modified in writing and must be signed by both the Indemnifier and Indemnitee.
6. GOVERNING LAW: This Agreement shall be governed by and construed in accordance with the laws of the State of Victoria.
7. NOTICE: Any notice required or otherwise given pursuant to this Agreement shall be in writing and mailed certified return receipt requested, postage prepaid, or delivered by overnight delivery service:
8. WAIVER: The failure of either party to enforce any provisions of this Agreement shall not be deemed a waiver or limitation of that party’s right to subsequently enforce and compel strict compliance with every provision of this Agreement.
INDEMNIFIER: for the purpose of this agreement is defined as the purchaser and /user of the purchased equipment as so described as AQUA HEALTH.
INDEMNITEE: for the purpose of this agreement is the seller / manufacturer of the equipment as so described as AQUA HEALTH Eco Energy Systems (Aust) P/L T/A Nutech2000