Optikam Dispensing System (Model V8) Trial Loan Terms and Conditions
1. The present document constitutes the terms and conditions of agreement of a trial loan between Optikam Tech Inc. and the borrower also referred to in this document as “the client” in regards to the Optikam Dispensing system (Model: V8), also referred to in this document as “the system”. All clauses in these terms of agreement are legally binding upon the buyer.
2. The Optikam system remains the property of Optikam Tech Inc. for the duration of the trial period and thereafter until, the final payment has been processed. The trial period lasts two(2) weeks from day the client receives the system. A $200 USD non-refundable fee will be charged by Optikam Tech Inc. This fee will be credited to the client if he chooses to purchase the system.
3. The client is responsible for any loss or damage to the product, or any part of the product due to abuse, mishandling, improper packaging by the client or alterations. Such loss of or damage to the product includes, without limitation, water damage, damage from dropping the product, scratches, abrasions, cracks or chips, or damage to the connectors. In any case of theft or loss or defects encountered outside of normal use of the product the client agrees to reimburse the cost of repairs or the cost of the complete Optikam system if the system has been lost or is beyond repairs. Solely Optikam Tech Inc. will determine the costs associated with the damage or loss of the system and which will not exceed the value of the system.
4. The client commits to return the Optikam system in the same condition in which he received it from Optikam Tech Inc.
5. The client is responsible for the use of the system and for the use of the system by any person operating under his control/direction and/or in his business premises.
6. The client agrees to provide Optikam Tech Inc. a valid credit card number as a means of insurance prior to the shipping of the system. The clients’ credit card information will be kept on file by Optikam Tech Inc. until the Optikam System is returned to Optikam Tech Inc. and is deemed in proper condition. The client authorizes Optikam Tech Inc. to bill the client’s credit card, to the amount not exceeding the complete cost of the Optikam system, as to cover the costs associated with the potential repair or loss of the Optikam system. The cost of the system is $8,500 USD.
7. In the event where the client wishes not to purchase the Optikam system, the client is responsible for properly packaging the system prior to the shipment back to the location indicated by Optikam Tech Inc. The Client is responsible for any damage to the system caused by insufficient or improper packaging.
8. Optikam Tech Inc. commits to offer an adequate service to the client during the trial period.
NO IMPLIED WARRANTY INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE APPLIES TO THE SYSTEM DURING THE LOAN PERIOD, AND NO OTHER EXPRESS WARRANTY OR GUARANTEE, GIVEN BY ANY PERSON, FIRM OR CORPORATION WITH RESPECT TO THE SYSTEM SHALL BIND OPTIKAM TECH INC. OPTIKAM TECH INC. SHALL NOT BE LIABLE FOR LOSS OF REVENUE OR PROFITS, INCONVENIENCE, EXPENSE FOR SUBSTITUTE EQUIPMENT OR SERVICE, STORAGE CHARGES, LOSS OR CORRUPTION OF DATA, FAILURE TO REALIZE SAVINGS OR OTHER BENEFITS, OR FOR ANY OTHER SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES CAUSED BY THE USE, MISUSE OR INABILITY TO USE THE SYSTEM, REGARDLESS OF THE LEGAL THEORY ON WHICH THE CLAIM IS BASED, EVEN IF OPTIKAM TECH INC. HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, NOR SHALL RECOVERY OF ANY KIND AGAINST OPTIKAM TECH INC. BE GREATER IN AMOUNT THAN THE PURCHASE PRICE OF THE SYSTEM SOLD BY OPTIKAM TECH INC. AND CAUSING THE ALLEGED DAMAGE. WITHOUT LIMITING THE FOREGOING, YOU ASSUME ALL RISK AND LIABILITY FOR LOSS, DAMAGE OR INJURY TO YOU AND YOUR PROPERTY AND TO OTHERS AND THEIR PROPERTY ARISING OUT OF USE, MISUSE OR INABILITY TO USE ANY PRODUCT SOLD BY OPTIKAM TECH INC. NOT CAUSED DIRECTLY BY THE NEGLIGENCE OF OPTIKAM TECH INC.