User manual

Page 135
Residential Customer Agreement
5. LEASED EQUIPMENT
A. If you decide to l ease your Equipment from DISH Network, such Equipment
shall at all times remain the sole an d exclusive prop erty of D ISH Netw ork and we w ill
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 w ith the equipment (or any notice of ou r
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 equipm ent without
our prior written consent. DISH N etwork shall have the right to m ake 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
Service s, you mu st notify our C ustome r Serv ice Cente r to schedule the return t he
Equipment.
B. You shall notify us promptly of any defect in, damage to, or accident involving
the equipm ent. All maintenance and repair of the equipm ent shall be perform ed 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.
6. TRANSFER OF ACCOUNT, SERVICES OR
EQUIPMENT
DIS H Net w ork m ay se ll, as sig n or tr an sfer yo ur acco unt to a t hird party w itho u t
notice to you. You may not assign or transfer your S ervices without o ur w ritten consent
which will not be unreasonably withheld. We may, how ever, 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 I N SERVICE OR
LIAB LE FO R ANY DELAY OR FA ILUR E TO PERFO RM, I F SUC H DEL AY 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 W ITH YOUR D ISH NETWORK DBS EQU IPMENT OR
ANY ACTS OF GOD, FIRES, EARTHQUAKES, FLOODS, POWER OR TECHNICAL
FA ILUR E, A CTS OF ANY G OVE RNM ENTAL BO DY O R ANY OTH ER CA USE
BEYOND OUR CONTROL. WE WILL NOT BE LIABLE FOR ANY DAMAGE
RESULTI NG FROM LOSS OF RECORDED MATERIAL OR TH E PREVENTION OF
RECORDING DUE TO ANY FAULT, FAILURE, DEFICIENCY OR DEFECT IN
SERVI CES OR EQUIPMENT. WE MAKE NO WARRANTY, EITHER EXPRESSED
OR I MPLIED, REGARDING THE DISH NETWO RK DBS EQUIPMENT OR ANY
SERVICES FURNISHED TO YOU. ALL SUCH WARRANTIES ARE EXPRESSLY
EXCLUDED. IN NO EVENT SHALL WE HAVE ANY LIABILITY FOR SPECIAL,
IND I RECT, I NCIDENTAL OR CONSEQUENTIAL DAMAGES RELATING TO THE
DBS EQUIPMENT OR RESULTING FROM OUR FURNI SHING OR FAILURE TO
FURNISH ANY SERVICES OR EQUI PMENT TO YOU, OR FROM AN Y FAULT,
FAI LURE, DEFICIENCY OR DEFECT IN SERVICES OR EQUIPMENT FURNISHED
TO YOU.