Terms and conditions for prize draws by Avnet Silica
The terms here under and those contained in the Registering Entry Form shall apply and are in effect with respect to this Avnet Silica open registering.
1. Registration and participation
Government customers, including government departments, ministries and government owned and/or controlled companies are not eligible to participate in this prize draw. Only one entry per participating company, duly signed by an authorised representative of that company, is allowed. Your Company must be a registered legal entity in Europe.
Avnet Silica has the sole and absolute discretion to exclude any company from the prize draw without any obligation to furnish any notice and/or reason. Only entry forms with complete and legible details will be processed. Avnet Silica will not be responsible for submission of inaccurate information, loss of forms, ineligible or illegible forms submitted.
Participation is void where prohibited by local law.
- to provide true, accurate current and complete information;
- to assume at all times responsibility for any content you provide;
- to have read, understood and accepted the Terms;
- to use the Site only for personal, non-commercial purposes;
- to act in accordance with any applicable policies and laws of your country of residence;
- to not alter the Site or any of its functions;
- to not limit or control access to the Site for a third person.
The winners will be drawn by Avnet Silica and the decision is final.
The winners of the prize draw will be notified by ordinary post or email. Notice shall be deemed to have been given by ordinary post by posting such notification to the winner´s address or sending to the email.
The prizes, the product samples, are not exchangeable for cash, credit or any other kind.
Avnet Silica or rather the relevant manufacturer is not obliged to provide any support in regards to the products samples. Avnet Silica has no obligation whatsoever to respond in any way to such a problem report or suggestion from your side.
Avnet Silica is entitled to make changes to the products samples at any time and without any obligation to inform or provide updated versions of the products samples to you.
To the maximum extent permitted by law, Avnet Silica expressly disclaims any warranty for the products samples. The products samples are provided "as is" without warranty of any kind, either express or implied, including, without limitation, the implied warranties of merchantability, fitness for a particular purpose, or non-infringement.
You are assuming the entire risk due to the use or performance of the product samples, or any systems you are designing by using the products samples.
Nothing herein may be construed as a warranty or representation by Avnet Silica that the product sample or any system developed with or incorporating the products sample will be free from infringement of the intellectual property rights of third parties.
The entire liability, whatsoever reason, of Avnet Silica under or in connection with this prize draw shall not exceed the respective amount of the defective or rather disputed sample product.
The Product samples are not intended or authorized for production, military uses, for life preserving or supporting systems, in systems with nuclear materials or for any other purposes where a failure of the sample products may reasonable be expected to result in an injury to life, body or health or for example to unusually high pecuniary losses.
In the event that you uses or sells the products for such purposes, you shall do it at your own risk and sole responsibility. You herewith indemnify Avnet Silica in full and at first demand against all claims, and against all legal actions, in connection with the use of goods for such purposes, including the costs incurred for adequate legal representation.
Any resale is prohibited and you are not entitled to resell the product samples to other parties, as for example, but not limited to brokers, exporters etc..
If you or your customer use or permit the use of product samples you agree to fully indemnify Avnet Silica from all liability related to such a use.
2. Data Protection
3. Indemnification and warrantiesYou hereby agree to indemnify and hold Avnet and its subsidiaries, affiliates, licensors, licensees, officers, agents, co-branders and other partners, and employees, harmless from any and all liabilities, losses, damages, claims, penalties, fines, costs and expenses, including, and without limitation, reasonable legal fees, that may arise in connection with: (i) Your use of and access to the site, including, and without limitation, any content, or user submission, (ii) Your failure to comply with any provision of the Terms; or (iii) any claim by a third party that any of Your User Submissions or any other use of the site. IF YOU ACCESS AND USE OUR SITE, YOU DO SO AT YOUR SOLE RISK. THE CONTENT IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. AVNET EXPRESSLY DISCLAIMS, AND YOU WAIVE, ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, AND WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT
The Site owner does not warrant the Site to be accurate, uninterrupted and up-to-date at any time.
4. Limitation of liability
You expressly acknowledge and agree that Avnet shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including, but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses resulting from: (i) the use of or the inability to use the site; (ii) the cost of the procurement of substitute goods and services incurred through any goods, data, information or services being purchased or obtained, messages received or transactions entered into through or from the site; (iii) unauthorized access to, or alteration of, your transmissions of data; (iv) or any other matter relating to the site.
You agree that, regardless of any statute or law to the contrary, any claim or cause of action arising out of, or related to, the use of the site, must be filed within one (1) year of such claim or cause of action.
5. Exclusions and limitations
Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the above limitations under sections 4 and 5 may not apply to you.
Nothing in these Terms shall affect the statutory rights of any consumer or exclude or restrict any liability for death or personal injury arising from the negligence or fraud by Avnet or any other liability (e.g. for intent or gross negligence), which cannot be excluded or limited under applicable law.
The Site owner may cancel your registration and participation in the prize draw at its sole discretion with or without cause at any time or notice and without any compensation.
7. General Information
These Terms (including the specific terms applicable to certain Services) constitute the entire agreement between you and Avnet .You may be subject to additional terms and conditions that may apply when you use affiliate services, third party or third-party software.
If any provision of the Terms is found to be invalid, the parties nevertheless agree that the parties' intentions, as reflected in the provision, shall be giveqn effect to the fullest extent practicable, and the other provisions of the Terms remain in full force and effect. The section titles in the Terms are for convenience only and have no legal or contractual effect.
The Terms and the relationship between you and Avnet shall be governed by the substantive laws of Germany. All disputes in connection with these Terms are to be resolved by the Court of Munich.