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.
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.
6.TRANSFER OF ACCOUNT, SERVICES OR 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.
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.
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