POWER STATION 30 DAY TRIAL INQUIRY
TERMS AND CONDITIONS OF DEMONSTRATION
IMPORTANT: Upon execution of this Agreement and delivery of the above Demonstration Equipment to Customer, Customer agrees to abide by the terms, conditions and instructions set forth in this Demonstration Agreement. Additional or substitute terms will not become part of this Agreement unless expressly accepted in writing by Omnicharge. Omnicharge’s acceptance is limited to the terms of this Demonstration Agreement, and no contract will be formed except on these terms.
The terms, conditions, and agreements set forth below are a part of this Demonstration Agreement:
- License, Customer’s Duties
- Omnicharge hereby grants to Customer, and Customer accepts from Omnicharge, a non-transferable, non-exclusive license to utilize the Demonstration Equipment.
- The parties acknowledge that the purpose of this Agreement is to allow Customer to utilize the Demonstration Equipment during the Demonstration Period so that Customer may make an informed decision with respect to the purchase of the Demonstration Equipment or similar equipment.
- Ownership and Use
- The Demonstration Equipment shall at all times be the sole and exclusive property of Omnicharge. Customer shall have no rights or property interest therein, except for the right to use the Demonstration Equipment until the expiration of the Demonstration Period. If the Demonstration Equipment is not returned after 30-days, Omnicharge can exercise any rights a secured creditor has under the Uniformed Commercial Code, including repossession.
- The Equipment is and shall remain personal property even if installed in or attached to real property. Omnicharge shall be permitted to display notice of its ownership on the Demonstration Equipment by means of a suitable stencil, label, or plaque affixed thereto.
- During the period of usage, the Customer shall be held liable for all damages inflicted on the products which were caused intentionally, by negligent or otherwise by him or by his employees.
- The Customer shall be liable for the loss and all damages to the products during the transport back to Omnicharge at the end of the period in case the damage is a consequence of insufficient packaging.
- The liability of the Customer is limited to the sales price of the Demonstration Equipment.
- All equipment sent by Omnicharge is warranted to perform as published in the specification sheets and operation manual.
- License Fee No license fee shall be payable by Customer to Omnicharge for the use of the Demonstration Equipment during the Demonstration Period.
- Transfer of rights The Customer may not transfer any rights granted to him by Omnicharge through this agreement to any third party. Customer is not allowed to sub-lease the products or transfer the right of use to other parties without the prior written consent from Omnicharge.
- Term This Agreement shall become effective upon signature by both parties and delivery of the Demonstration Equipment by the Delivery Date, and shall continue until the Return Date, at which time Customer shall return the Demonstration Equipment to Omnicharge.
CUSTOMER AGREES THAT IT HAS REVIEWED AND UNDERSTANDS THIS DEMONSTRATION AGREEMENT.