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SCHEDULE "B" Below is the form you are in need of. You may print this page or cut and paste the text into a document or select the link below to download a printable version.
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your completion of this Schedule: SCHEDULE
“B” WAIVER / DISCLAIMER OF LIABILITY AND RESPONSIBILITY OF THE SELLER; RESPONSIBILITIES OF THE PURCHASER/USER; COPYRIGHT AGREEMENT THIS IS A LEGAL DOCUMENT WHEN COMPLETED, SWORN /NOTARIZED AND SIGNED. THIS FORM IS TO BE COMPLETED IN THREE COPIES BY AN AUTHORIZED SENIOR MANAGEMENT OFFICIAL ON BEHALF OF THE PURCHASER/USER. ONE ORIGINAL SIGNED, WITNESSED AND SWORN/SEALED COPY IS TO BE RETURNED TO SECURESEARCH, INC., BY COURIER OR BY REGISTERED AIR MAIL (CONSIGNEE SIGNATURE REQUIRED), BEFORE GOODS CAN BE SHIPPED. TO BE SWORN BEFORE A NOTARY PUBLIC, COMMISSIONER OF OATHS OR JUSTICE OF THE PEACE. 1. SECURESEARCH, INC., its owners, directors, shareholders, divisions, affiliates and authorized sales representatives, assume no responsibility nor liability for claims or litigation arising out of personal injury (physical or mental), property damage or loss of life, consequent of use, misuse or alteration of any of its training materials, including inert explosive training aids, live explosive training aids, deactivated firearm training aids, inert or modified ammunition training aids, training devices using a live explosive or active chemical component(s); training manuals, publications, photographs, slides, overhead transparencies, training videotapes and audiotape cassettes; nor does SECURESEARCH, INC. accept any responsibility or liability resulting from the alteration, connection to or adaptation of any of them to any explosive device or material, or to any incendiary device or material, or other chemical; or to any other device whether or not authorized in writing by an official of SECURESEARCH, INC. 2. NOR, shall any of the above-mentioned parties, nor the commercial suppliers or manufacturers of any inert or live explosive used in our products, nor shall the suppliers of any components or electrical circuitry sold as part of any SECURESEARCH, INC. product, be liable for any damages arising out of any act, whether it be a lawful act or a criminal act, by any person properly using, or improperly misusing the products purchased from SECURESEARCH, INC., or its divisions, affiliates or authorized sales representatives. Nor shall the above-named parties be liable for any costs or damages resulting from the information and knowledge gained by any party from our instructors, instruction, instructional manuals, videotapes, audiotapes or any other training materials supplied by SECURESEARCH, INC. to the purchaser / user; or to any person to whom the user subsequently transfers title within the terms of this Schedule, or Schedules “C” or “D”. (Within Schedules “B”, “C” and “D”, “PERSON” includes an individual, a corporation or a government agency, and their employees). 3. THE END-USE PURCHASER hereby agrees to supply SECURESEARCH, INC., its affiliates and to any sworn peace officer or inspector of any law enforcement agency having jurisdiction, all licensing / business registration documents, and documentary proof of secure storage, which may be required at any time, in order that it may be assured that our SECURESEARCH, INC. products are stored and continue to be stored securely, and are being used in a lawful manner and for an authorized purpose only. 4. THE END-USE PURCHASER, in making purchase and accepting possession and storage of our training products, expressly accepts to abide by the conditions of sale, use and storage and / or disposal of our products: namely, that when not in use, our products will be stored in a locked metal container of substantial construction, in a room with a door, lock and hardware generally recognized in the security industry as “HIGH SECURITY”, in order to ensure that non-authorized persons will not gain access to our products. The end-user agrees to designate in writing, from the time of taking possession of our products, and from time to time as is appropriate, an authorized person who is to be fully responsible for the care, use, maintenance, storage and disposal of the products. A senior official tasked with security responsibilities for the end-user shall provide approval of security measures to be set in place to cover our products, with changes made from time-to-time as appropriate, and at frequent intervals re-approval shall be done after an inspection. The inspection is to be made by a security management official or a local police officer tasked with secure inspection and crime prevention responsibilities, and who is knowledgeable in the selection and maintenance of secure locking devices and facilities. Documentary evidence of this initial approval, subsequent regular inspections and re-approvals, is to be kept on file and submitted on request, to SECURESEARCH, INC., or to a Court of Law, as the case may be. Secure storage facilities must be in place prior to the end-user taking possession of SECURESEARCH, INC. products. 5. THE END-USER recognizes that SECURESEARCH, INC. products do not represent nor claim to represent every possible commercial explosive, improvised explosive, military explosive, incendiary chemical or composition or their variations, their functions, behaviours, or risks and hazards which may be associated with them under all possible circumstances. The purchaser recognizes that while SECURESEARCH, INC. products may demonstrate specific examples of a broad range of items, and while related manuals, videos or audiotapes may make certain comments regarding arming, functioning, disarming, hazards, risks, evacuation techniques, safety distances, countermeasures and other safety procedures, that all of these represent only a commencement of the acquisition of knowledge. The end-user recognizes that it is incumbent upon the purchaser or persons trained by the end-use instructor, to abide by all established and recognized procedures and precautions; and, to seek additional knowledge from as many other competent sources as possible, on the subject matter illustrated by SECURESEARCH, INC. training aids. 6. THE PURCHASER AGREES that SECURESEARCH, INC. products shall only be used for lawful instruction and that they will not be used for any purpose other than simulation or recognition training. All Securesearch, Inc. company name labels, tags, or engraved markings, model numbers, other identifying information, and the designations “INERT”, “IMITATION”, “DUMMY”, “SIMULATED”, “NON-EXPLOSIVE” or “NON-FLAMMABLE”, applied by SECURESEARCH, INC. to its products and to their containers, shall be maintained intact and legible. In the event that the original factory marking or labeling is lost through normal wear and tear, they will be reapplied as necessary in lettering of the same size or larger than the original. Markings are to be maintained in a readily legible condition, never removed either temporarily or permanently. 7. THE PURCHASER AGREES AND HEREBY PROMISES not to sell or give away, trade away or barter or divert to any third party, any product made by SECURESEARCH, INC. (or its affiliates or suppliers), for any purpose, except to an authorized peace officer (civil police or military police or other government agency sworn officer tasked with regulating the sale, storage and use of explosives), during the lawful course of that officer's duty, only for inspection, analysis or immediate disposal, and not for Personal use. 8. THE PURCHASER AGREES that any training aid purchased from SECURESEARCH, INC., which is sold as a deactivated hand grenade, shall not be re-activated by the purchaser by insertion of any explosive or incendiary material, chemical, compound or mixture, (except where permitted by law, a component known as a “primer” of the type sold to the general public for reloading small arms ammunition. In the event that a primer is inserted into a deactivated grenade for simulation training, the instructor and all persons participating in the training exercise within 50 feet of the grenade, shall be equipped with and shall wear safety glasses or goggles of a type approved by an approval agency or laboratory, for protection against flying objects or high speed fragments. A grenade equipped with a live primer shall be legibly marked with a brightly coloured tag as being “live-primed", and shall be readily identifiable as such from a distance of 10 feet This tag shall not be removed from the grenade unless the primer is fired. No attempt shall be made by any means, to remove the live primer from the primer pocket of the grenade fuse. The primer shall first be fired by remotely releasing the internal striker). 9. THE FOREGOING PRECAUTIONS AND SAFETY PROCEDURES in paragraph 8, above, similarly apply to any other product sold by SECURESEARCH, INC., which is capable of holding and firing a live small arms primer, squib, igniter, flash-bang charge, percussion cap, toy pistol paper cap, or any other container, whether metal, papier-mâché or other material, containing 40 milligrams or less of the explosive class known as “fulminates”. 10. ANY TRAINING AID SOLD BY SECURESEARCH, INC., which contains a firearm that has been so modified or deactivated so that it cannot chamber or fire live ammunition, is sold subject to the condition of sale that it cannot be readily modified by the purchaser (or by any user under the authority of the purchaser), to make it capable of chambering and firing live ammunition. It is the duty of the purchaser to ensure that possession, storage, use or transportation of such a deactivated firearm is not in violation of any federal, state, provincial or local laws, ordinances, statutes or bylaws in a particular jurisdiction; or when travelling between jurisdictions; or under special regulations which may pertain to airports, aircraft, or shipping vessels governed by law, regulation, treaty or international convention. 11. THE PURCHASER AGREES TO ENSURE that when any product purchased from SECURESEARCH, INC., (or its affiliates or authorized sales representatives), is no longer required for the training purposes for which it was purchased, that product or products will be lawfully signed over to an authorized representative of the nearest law enforcement agency having jurisdiction, for immediate disposal. An official letter should be provided by that agency's commanding officer, that the training aid has been destroyed. 12. THE PURCHASER AGREES to seek competent legal advice regarding the legality and responsibilities for purchase, possession, storage, and transport of any SECURESEARCH, INC. products. The purchaser recognizes that in many jurisdictions there are prohibitions against possession of inert representations of explosives, improvised explosive devices, clock bombs, hoax devices, articles of war such as grenades and ordnance items, boobytrap devices and demolition firing switches, except under tightly prescribed regulations on authorized training. Prior to purchase, it is incumbent upon the purchaser to determine whether the SECURESEARCH, INC. training aids may be lawfully shipped to the purchaser's jurisdiction (whether municipal, state, provincial or federal). SECURESEARCH, INC. cannot be held responsible for the goods if they are seized in transit, held for court action, or ordered destroyed by a judicial officer. Title to the goods passes to the purchaser upon SECURESEARCH, INC. relinquishing the shipment to the freight forwarder or carrier for onward shipment, and the purchaser assumes complete legal liability at that point. Copyright Notice: Copyright © Securesearch, Inc., 1970-2008 All Securesearch, Inc. intellectual property, including: registered trademarks, products, industrial designs, photos on this website, and our training aid instructor’s guides, technical reference and training publications, technical posters, video programs, slide/tape programs, CD/DVD programs, and photos used in corporate advertising, are protected by copyright and trademarks and must not be copied, except with our prior written permission. Our permission, (which must be granted prior to use), may authorize products to be copied for a specific application only, on a one-time basis, and granted at our discretion. Technical posters, publications and inert training aids, that are manufactured by other companies, and purchased and sold by Securesearch, Inc., require permission to copy be granted by those manufacturers, producers and publishers, prior to use. Securesearch, Inc. has worldwide sole distribution rights from Security Awareness & Promotions CC (South Africa), for posters and publications produced by Patrick Gericke. Persons and corporations found violating copyright of any of the above items, are subject to civil penalties, including damages, injunction and legal costs, and possible criminal prosecution for violation of copyright, trademark infringement and counterfeiting of industrial designs and in some countries, to criminal prosecution for violation of laws on copyright , trademark infringement and counterfeiting of industrial designs. Purchasers of our products do so, on the express understanding and agreement, that the products are protected by copyright, trademark and industrial design legislation, and are purchased for their own use and are not to be copied.
Products purchased
from Securesearch, Inc. and from our authorized sales representatives,
are sold on the understanding that they are not to be used in or for any
competitive business transactions, including price quotes, production or
sales, that will be in competition with Securesearch, Inc. ALL
RIGHTS RESERVED
Individuals, companies
and government agencies at whatever level (federal/national,
state/provincial, county/regional and municipal/city) purchase our
products for use in their training and testing programs, entirely
at their own risk. Our products, and those that we distribute on behalf of other companies, are supplied with an Instructor Guide that describes in detail how the products function, and how they relate to the real, hazardous items that they represent. These instructor guides are custom printed to reasonably match the products shipped in your order, and come with explicit cautions on their use, where necessary, for instructor and student safety. Their contents are based on many years of expertise developed through our own training and acquired field experience. We also follow the guidance of specialist consultants. Our technical posters, videos, CDs, DVDs and publications represent the best available information at the time they were produced and published. From time to time, as new and significant technical information and/or images become available to us, we update these products, and indicate a revision date, or new copyright date. Our products are not sold to the general public. They are for a specialized market of qualified users/instructors in the fields of security/protection, detector canine training, law enforcement, forensic investigation (arson, bomb scene), and military training. No training product, or training aid range, can possibly cover and portray all aspects or hazards of every product; this is particularly so for old items, improvised/homemade items and the vast amount of military ordnance (much of which was experimental, and for which little or no reliable documentation remains)—found in all parts of the world. We screen requests for quotations and orders, for the suitability of the purchaser to acquire and legitimately use our products—whether they are an individual, corporation or government agency. Purchasers are required to complete and return this Waiver of Liability form and Schedules C & D, prior to first purchase. Many countries have legal restrictions or prohibitions on the purchase, possession and transfer of our products—limiting sale to certain government agencies. Persons considering purchase of our products must first research the laws, statutes and ordinances in their jurisdiction, prior to purchasing. Again, purchasing our products is entirely at your own risk!
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