This Product Testing Agreement (the “Agreement”) is entered into as of the date of the payment (the “Effective Date”) by and between:
1. PURPOSE
Seller agrees to provide Tester with an Exoskeleton __________ (the “Product”) for testing purposes under the terms and conditions set forth in this Agreement.
2. PURCHASE AND PAYMENT
(a) Tester agrees to pay a deposit equal to the full sale price of the Product as listed on the Seller’s website
(b) The cost of the testing period, _______, and the shipping costs for both delivery and return, estimated at approximately ________, but usually lower, per direction, will be deducted from the deposit after returning the device to the seller.
3. TESTING PERIOD AND RETURN CONDITIONS
(a) The testing period shall last for two (2) weeks, but can be extended up to 30 days from the date of receipt of the Product by Tester.
(b) At the end of the testing period, Tester shall either:
(i) Confirm acceptance of the product, in which case no refund will be issued. The seller sends a new device, the buyer simultaneously returns the test device and covers the delivery fee for the test device The testing fee is waived by the seller, and the sale is deemed final. The warranty starts from the date of sale and lasts 12 months; or
(ii) Notify Seller that it does not wish to retain the Product and return it in its non damaged condition, at which point Seller shall issue a refund for the deposit amount minus the testing fee and shipping costs.
4. SHIPPING AND HANDLING
(a) Seller shall ship the Product to Tester at the address specified above.
(b) Tester shall be responsible for the cost of return shipping.
(c) Any damage to the Product during the testing period shall be the responsibility of Tester, and Seller reserves the right to deduct repair or replacement costs from any refund. Both parties agreed to operate honestly and in good faith.
5. LIABILITY AND WARRANTIES
(a) The Product is provided for testing “as is,” (The photo of the current device’s condition has been added) without any warranties, express or implied, including but not limited to warranties of merchantability or fitness for a particular purpose.
(b) Seller shall not be liable for any injury, damage, or loss resulting from the use of the Product during the testing period.
6. GENERAL TERMS
(a) This Agreement shall be governed by the laws of the Province of Ontario, Canada.
(b) Any disputes arising out of or related to this Agreement shall be resolved in the courts of Ontario.
(c) This Agreement constitutes the entire agreement between the parties and supersedes all prior agreements, whether written or oral.