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1. General

1.1. Emech develops control equipment to meet the needs of its customers. Emech develops, designs and tests equipment after consulting with users and interpreting their needs with respect to particular and general applications. While employing best practice along with a pragmatic engineering approach, Emech occasionally offers the equipment in a prototype, or early-stage developed form. These “beta” release products are offered to customers who are willing to partner with Emech in their development and testing. In return for the partnership role in assisting with the development of a new Emech product, the Customer is offered Emech technology and services at beneficial prices and conditions. These are generally defined in proposal documents. This Beta Product Agreement applies to any pre-release product that Emech sells, loans or offers on a “trial before purchase” basis.

1.2. Emech has developed a beta, pre-release, version of the Product described in clause 9.3 below (“Product”). The Product has not undergone full and complete extensive field testing and trialling. Hence, the Product has not yet been approved for general release. The person identified in clause 9.2 below (the “Beta Tester”) wishes to test and evaluate a pre-release version of the Product. The Beta Tester may request or suggest further refinements or modifications to the Product. In consideration for early access to the Product, as well as beneficial prices and conditions, the Beta Tester has agreed to use the Product entirely at its own risk and to accept full responsibility for any problems that might ensue.


2. Conditions of Use

2.1. The Beta Tester understands and acknowledges that: (a) It is participating in a beta test of the Product; (b) The Product has not been field tested and trialled; and (c) The Product may not operate properly, may not perform all functions for which it is intended or represented and may not operate error free. The Beta Tester agrees to use the Product entirely at its own risk and agrees to provide Emech with its comments, criticisms, and suggestions for changes to the Product. The Beta Tester further agrees to help Emech identify any and all errors or malfunctions in the operation of the Product. The Beta Tester shall not loan, rent, lease, license or otherwise transfer any beta test version of the Product that is not intended for general release.


3. Intellectual Property

3.1. The Beta Tester shall not use the Product in any manner that would derogate from Emech’s intellectual property rights therein. The Beta Tester shall do nothing to compromise Emech’s intellectual property rights. The Beta Tester acknowledges that, as between Emech and the Beta Tester, all intellectual property rights in relation to the Product constitute the property of Emech, even if suggestions for enhancements or refinements made by the Beta Tester are incorporated into subsequent versions of the Product. Emech’s intellectual property includes without limitation, patents, know-how, design rights, copyrights and trade secrets in relation to the Product. The Product is not for re-sale. The Beta Tester shall not use the Product except for its own operations. The Beta Tester shall not copy, modify or reverse engineer the Product, in whole or in part.


4. Confidential Information

4.1. The Beta Tester acknowledges that the Product, related documentation and other related materials provided by Emech are confidential information of Emech ("Confidential Information"). The Beta Tester agrees to take all steps reasonably necessary to maintain and protect the Confidential Information in the strictest confidence for the benefit of Emech. The Beta Tester agrees that it will not, at any time without the express written permission of Emech, disclose the Confidential Information directly or indirectly to any third person, excepting the trusted employees of the Beta Tester. The Beta Tester shall not disclose the results of the beta test programme.


5. Warranty Disclaimer

5.1. The Beta Tester acknowledges and understands that it is receiving a preliminary beta test version of the Product and related documentation. As with any beta test version of a new Product that has not been fully field tested and trialled, there is a risk that the Product contains faults, errors, defects and problems. Emech shall use its reasonable efforts to correct any faults, errors, defects or problems in the Product or the related documentation brought to its attention, and to assure that the Product operates properly. However, Emech disclaims any and all warranties with respect to the Product and the related documentation, whether express or implied, including specifically the implied warranties of merchantability and fitness for a particular purpose. The Product and the related documentation is provided "as is", and the Beta Tester understands that it assumes all risks in relation to its use, quality, and performance.


6. Liability Disclaimer

6.1. The Beta Tester shall have no claim against Emech, and Emech shall have no liability, for costs, damages or losses arising from the Beta Tester’s use of the Product including, without limitation, claims for direct, indirect, special, incidental or consequential damages. The foregoing disclaimer of liability extends to all types of costs, damages and losses incurred by the Beta Tester including without limitation, personal injury, loss or damage to property, loss of operations, loss of profits, loss of product, loss of productivity and down-time, whether suffered by the Beta Tester or a third party.


7. Returns

7.1. Emech will accept the Product back within 60 days of installation and give the Beta Tester a full refund of the Product’s purchase price, if already paid. The foregoing right of return shall constitute the Beta Tester’s sole and exclusive remedy against Emech.


8. Other Terms of Trade

8.1. As with all of Emech’s products, the Beta Tester is fully responsible for the installation and the operation of the Product. The Beta Tester shall meet all relevant occupational safety and health requirements. The Beta Tester shall ensure a safe operating environment in accordance with industry best practice.

8.2. Although Emech may offer suggestions for the safe operation of the Product, Emech accepts no responsibility for accidents or injuries to the Beta Tester’s personnel, or damage to the Beta Tester’s equipment. The Beta Tester is responsible for the placement of warning notices, and for anticipating the consequences of Product failure. The Beta Tester accepts full responsibility for all risk to its personnel and equipment.

8.3. In all other respects, Emech’s standard terms and conditions of sale and Emech’s disclaimers applicable to all of Emech’s products shall apply to the Product subject to this Beta Test Agreement, except as expressly modified herein. In the event of a conflict between this Beta Test Agreement and Emech’s standard terms and conditions and disclaimers, this Beta Test Agreement shall govern.

9. Signatures
9.1.	For Emech:
	Name/Date:
		Emech Control Limited P.O. Box 2388 Auckland, New Zealand Facsimile: +64 9 966 0467
9.2.	For the Beta Tester:
	Name/Date:
9.3.	Product:	Emech Steam Water Mixing Valve. Model: F5 Sizes: 025, 040, 050