FEEDING TRIAL AGREEMENT
Our Trial Program provides the perfect opportunity for our Canadian customers to try and familiarize themselves with the most advanced Feeding devices in the Market.
We offer two trial options
*In-home trials last for 14 days and require a refundable $1500 security deposit and a $390 trial fee.
*Healthcare Provider trials last for 14 days.
1. Parties to the Agreement
- Active Healthcare Solutions Ltd. and _ _ _ _ _ _ (“Trial Recipient”) agree to enter into a Trial arrangement.
2. Trial Duration
- The Trial Period will start upon the delivery date of our trail product to the Trial Recipient and will conclude 14 calendar days thereafter.
- At the conclusion of the Trial Period, the Trial Recipient will return the product in good working condition to Active Healthcare Solutions Ltd.
- Failure to return the Trial Device at end of the Trial Period may result in a recurring rental charge of $500/month until the device is returned.
- Trial Recipient acknowledges that our robotic is a sophisticated electronic robotic device and will treat it with due care and concern.
- Trial Recipient acknowledges that they will receive a User’s Manual inside the trial packaging and that the Trial Recipient will read the User’s Manual prior to operating the device.
- The Trial Recipient acknowledges that the value of:
* Neater Robotic is $9,800 CAD plus applicable sales tax and shipping.
* Obi Robotic is $8,950 CAD plus applicable sales tax and shipping.
* Neater Eater is $4,950 CAD plus applicable sales tax and shipping.
The Trial Recipient acknowledges that they are responsible for paying up to the full value of the trial device, if the device is lost, unreturned, or damaged beyond reasonable repair.
4. Use of Equipment:
- The Trial Recipient agrees to use trial device for its intended purpose as specified in the User’s Manual.
- In-Home Trial Recipient shall provide a cheque or valid credit card for the amount of $1500.
- If, at the end of the Trial Period, the trail device is returned undamaged and in good working order, the amount charged for the $1500 Security Deposit will be refunded within two weeks (14 calendar days). The $390 Trial Fee is non-refundable.
- A shipping fee of $80 will be charged to cover the delivery and return of the device.
- In the event that trail device is not returned at the end of the Trial Period, the Trial Recipient may be charged for the full value of the device as stated in section Acknowledgments above.
- The Security Deposit may be used to pay for the repair damages to the trail device other than normal wear and tear.
- The Security Deposit and/or Trial Fee may be applied towards the purchase of the device at the conclusion of the Trial Period. The shipping fee and Tax charges does not count towards the purchase of the new device.
5. In-Home Trial Security Deposit and Trial Fee:
- Trial Recipient will use, maintain, and care for the trial product consistent with instructions in the User’s Manual.
- If, for any reason, trial device is not working properly or has stopped working, the Trial Recipient will immediately contact US at 1-888-712-2848 to report the problem and attempt to resolve the problem.
- If the problem cannot be resolved and is a result of a manufacturing defect, Trial Recipient will return the defective unit to Active healthcare Solutions.
6. Damages to the trail device
- If the trial device is damaged, other than through normal wear and tear or a manufacturing defect, Trial Recipient will be responsible for the cost of repair, including parts and labor. Cause of damage and the costs of related repairs will be determined solely by Active HS Service team.
7. Entire Agreement
- This is the entire agreement between the parties. It replaces and supersedes any and all other related agreements between the parties.
- If any provision of this Agreement is deemed invalid or unenforceable by any court of competent jurisdiction or under any statute, regulation, ordinance, executive agreement or other rule of law, such provision shall be deleted or modified, at the election of Active healthcare Solutions Ltd. but only to the extent necessary to comply with such ruling, statute, regulation, ordinance, agreement or rule, and the remaining provisions of this Agreement, which shall otherwise remain in full force and effect.
- Limitation on Liability
- The TRIAL RECIPIENT AGREES THAT ACTIVE HEALTHCARE SOLUTIONS LTD.’s LIABILITY UNDER THIS AGREEMENT, IF ANY, IS LIMITED TO A REFUND OF ANY AMOUNTS PAID BY TRIAL RECIPIENT TO ACTIVE HEALTHCARE SOLUTIONS LTD. UNDER THIS AGREEMENT.
- ACTIVE HEALTHCARE SOLUTIONS LTD. WILL IN NO EVENT BE LIABLE FOR ANY CONSEQUENTIAL, SPECIAL, INCIDENTAL, INDIRECT, PAIN AND SUFFERING, OR PUNITIVE DAMAGES TO ANY PERSON, WHETHER BASED UPON BREACH OF WARRANTY, NEGLIGENCE, STRICT LIABILITY, TORT, BREACH OF CONTRACT OR ANY OTHER THEORY, REGARDLESS OF WHETHER THE REPLACEMENT REMEDY SET FORTH ABOVE FAILS OF ITS ESSENTIAL PURPOSE OR FOR ANY OTHER REASON WHATSOEVER. “CONSEQUENTIAL DAMAGES” FOR PURPOSES HEREOF SHALL INCLUDE, BUT ARE NOT LIMITED TO, LOSS OF USE, INCOME, OR PROFIT, OR LOSSES SUSTAINED AS THE RESULT OF INJURY (INCLUDING DEATH) TO ANY PERSON OR LOSS OR DAMAGE TO PROPERTY (INCLUDING, WITHOUT LIMITATION, PROPERTY HANDLED OR PROCESSED BY THE USE OF THE GOODS.