DISH Network 112182 User Manual
Page 135
Residential Customer Agreement
5. LEASED EQUIPMENT
A.
If you decide to lease your Equipment from DISH Network, such Equipment
shall at all times remain the sole and exclusive property of DISH Network and we will
have the right, at our discretion, to replace it with new or reconditioned equipment and to
remove the equipment upon termination of Services. None of the equipment shall be
deemed fixtures or part of your realty. Our ownership of the equipment may be displayed
by notice contained on the equipment. You shall have no right to pledge, sell, mortgage,
give away or remove, relocate, alter or tamper with the equipment (or any notice of our
ownership thereon) at any time. Any reinstallation, return of or change in location of the
equipment shall be performed by us at the service rates in effect at the time of service. You
shall not attach any electrical or other devices to or otherwise alter the equipment without
our prior written consent. DISH Network shall have the right to make such filings as are
necessary to evidence our ownership rights in the equipment, and you agree to execute any
and all documents as are necessary for us to make such filings. Upon termination of
Services, you must notify our Customer Service Center to schedule the return the
Equipment.
have the right, at our discretion, to replace it with new or reconditioned equipment and to
remove the equipment upon termination of Services. None of the equipment shall be
deemed fixtures or part of your realty. Our ownership of the equipment may be displayed
by notice contained on the equipment. You shall have no right to pledge, sell, mortgage,
give away or remove, relocate, alter or tamper with the equipment (or any notice of our
ownership thereon) at any time. Any reinstallation, return of or change in location of the
equipment shall be performed by us at the service rates in effect at the time of service. You
shall not attach any electrical or other devices to or otherwise alter the equipment without
our prior written consent. DISH Network shall have the right to make such filings as are
necessary to evidence our ownership rights in the equipment, and you agree to execute any
and all documents as are necessary for us to make such filings. Upon termination of
Services, you must notify our Customer Service Center to schedule the return the
Equipment.
B.
You shall notify us promptly of any defect in, damage to, or accident involving
the equipment. All maintenance and repair of the equipment shall be performed by us or
our designees. DISH Network may charge you for any repairs that are necessitated by any
damage to, or misuse of, the Equipment.
our designees. DISH Network may charge you for any repairs that are necessitated by any
damage to, or misuse of, the Equipment.
6. TRANSFER OF ACCOUNT, SERVICES OR
EQUIPMENT
EQUIPMENT
DISH Network may sell, assign or transfer your account to a third party without
notice to you. You may not assign or transfer your Services without our written consent
which will not be unreasonably withheld. We may, however, refuse to allow you to assign
or transfer your Services if you lease your Equipment or if your account has an outstanding
balance.
which will not be unreasonably withheld. We may, however, refuse to allow you to assign
or transfer your Services if you lease your Equipment or if your account has an outstanding
balance.
7. LIMITATION OF OUR LIABILITY
A.
WE WILL NOT BE LIABLE FOR ANY INTERRUPTIONS IN SERVICE OR
LIABLE FOR ANY DELAY OR FAILURE TO PERFORM, IF SUCH DELAY OR
NONPERFORMANCE ARISES IN CONNECTION WITH THE TERMINATION OF
ALL OR A PORTION OF THE SERVICES, THE RELOCATION OF ALL OR A
PORTION OF THE SERVICES TO DIFFERENT SATELLITE(S), A CHANGE IN THE
FEATURES AVAILABLE WITH YOUR DISH NETWORK DBS EQUIPMENT OR
ANY ACTS OF GOD, FIRES, EARTHQUAKES, FLOODS, POWER OR TECHNICAL
FAILURE, ACTS OF ANY GOVERNMENTAL BODY OR ANY OTHER CAUSE
BEYOND OUR CONTROL. WE WILL NOT BE LIABLE FOR ANY DAMAGE
RESULTING FROM LOSS OF RECORDED MATERIAL OR THE PREVENTION OF
RECORDING DUE TO ANY FAULT, FAILURE, DEFICIENCY OR DEFECT IN
SERVICES OR EQUIPMENT. WE MAKE NO WARRANTY, EITHER EXPRESSED
OR IMPLIED, REGARDING THE DISH NETWORK DBS EQUIPMENT OR ANY
SERVICES FURNISHED TO YOU. ALL SUCH WARRANTIES ARE EXPRESSLY
EXCLUDED. IN NO EVENT SHALL WE HAVE ANY LIABILITY FOR SPECIAL,
INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES RELATING TO THE
DBS EQUIPMENT OR RESULTING FROM OUR FURNISHING OR FAILURE TO
FURNISH ANY SERVICES OR EQUIPMENT TO YOU, OR FROM ANY FAULT,
FAILURE, DEFICIENCY OR DEFECT IN SERVICES OR EQUIPMENT FURNISHED
TO YOU.
NONPERFORMANCE ARISES IN CONNECTION WITH THE TERMINATION OF
ALL OR A PORTION OF THE SERVICES, THE RELOCATION OF ALL OR A
PORTION OF THE SERVICES TO DIFFERENT SATELLITE(S), A CHANGE IN THE
FEATURES AVAILABLE WITH YOUR DISH NETWORK DBS EQUIPMENT OR
ANY ACTS OF GOD, FIRES, EARTHQUAKES, FLOODS, POWER OR TECHNICAL
FAILURE, ACTS OF ANY GOVERNMENTAL BODY OR ANY OTHER CAUSE
BEYOND OUR CONTROL. WE WILL NOT BE LIABLE FOR ANY DAMAGE
RESULTING FROM LOSS OF RECORDED MATERIAL OR THE PREVENTION OF
RECORDING DUE TO ANY FAULT, FAILURE, DEFICIENCY OR DEFECT IN
SERVICES OR EQUIPMENT. WE MAKE NO WARRANTY, EITHER EXPRESSED
OR IMPLIED, REGARDING THE DISH NETWORK DBS EQUIPMENT OR ANY
SERVICES FURNISHED TO YOU. ALL SUCH WARRANTIES ARE EXPRESSLY
EXCLUDED. IN NO EVENT SHALL WE HAVE ANY LIABILITY FOR SPECIAL,
INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES RELATING TO THE
DBS EQUIPMENT OR RESULTING FROM OUR FURNISHING OR FAILURE TO
FURNISH ANY SERVICES OR EQUIPMENT TO YOU, OR FROM ANY FAULT,
FAILURE, DEFICIENCY OR DEFECT IN SERVICES OR EQUIPMENT FURNISHED
TO YOU.