33
3. Full Assumption of Liability; Waiver and Release of Hammer Engines GmbH f. Buyer
assumes all risk of injury, harm and damage, of every nature whatsoever, to himself/herself
and his/her property. Buyer fully and completely waives and releases any and all claims which
he/she might have at any time arising out of the purchase, handling, or operation of the Model
Engine. This assumption, waiver and release is complete, full, and comprehensive.
Hammer Engines cannot supervise the adherence to the assembly and operating instructions
for the aircraft model and the jet engine, nor the installation, operation, use and maintenance
of the model aircraft components. Therefore, Hammer Engines does not assume any liability
for losses, damage or costs caused by the proper or improper operation and proper or
improper behavior use of the IQ-Hammer engines or the jet model airplane. By operating the
jet engine, you confirm to be aware of the fact that Hammer Engines cannot supervise or
control the compliance with the instructions in this manual regarding assembly, operation and
use of the aircraft model, jet engine and remote control unit. On Hammer Engines’ part, no
promises, contractual agreements, guarantees or other agreements with persons or companies
regarding the safety, functionality and operation of the model and the jet engine have been
made. When buying this aircraft model or jet engine, you as the operator were relying on your
own expertise and judgment.
(a) Release Even If Hammer Engines GmbH Is Negligent. The waiver and release
contained herein releases Hammer Engines GmbH from all conduct, no matter how it could be
characterized or alleged. Hammer Engines GmbH shall not be liable for its own negligence,
whether active, passive, primary, or secondary. Hammer Engines GmbH shall not be liable for
its sole negligence. Hammer Engines GmbH shall not be liable for its willful misconduct. s
Hammer Engines GmbH hall not be liable based on any theory in strict liability in tort.
Hammer Engines GmbH shall not be liable for any alleged breach of warranty, whether
express or implied, of any nature whatsoever, whether a warranty of fitness for a particular
use, merchantability, or otherwise. There is no warranty of merchantability; there is no
warranty of fitness for a particular purpose; and there are no warranties which extend beyond
the description on the face hereof or Hammer Engines GmbH Two Year Limited Warranty.
(b) Waiver Effective for All Time. The waiver and release contained herein is effective,
without regard to the passage of time. It is effective indefinitely. It will not be changed by any
modification to the Model Engine, to any later sale, or other changes in circumstances.
(c) Release Extends to Hammer Engines GmbH and All Its Associates. The waiver and
release contained herein protects Vogelsang Aeroscale and all of its employees, officers,
principals, owners, designers, and agents ("Associates").
4. No Modifications to Model Engine. Buyer agrees to make no modifications of any kind to
the Model Engine. This Agreement pertains to the entire life of the Model Engine.
5. Two year limited warranty
The warranty covers the free repair or replacement of parts that exhibit proven defects of
fabrication or material defects within the warranty period from the date of purchase. Any
further claims are excluded. Costs for packaging and shipping are paid by the buyer. No
liability is assumed for loss during transport. When sending the defective article to Hammer
Engines, a detailed description of the fault and the invoice stating the date of purchase must be
included. The warranty is void if the defect of the part or the model is caused by an accident,
improper handling or improper use. Removing or damaging the safety seal on the cover of the
jet engine voids the warranty.
Hammer Engines GmbH, a Limited Liability Company, (“IQ-Hammer”) warrants that this
MINIATURE TURBOJET ENGINE for model aircraft, cars or boats (“Model Engine”)
enclosed with this warranty statement is free from defects in materials and workmanship
during normal usage, according to the following terms and conditions.
