Obi Trial Agreement
Parties to the Agreement
- Desin, LLC and ________________ (“Trial Recipient”) agree to enter into a Trial arrangement.
- The Trial Period will start upon the delivery date of Obi to the Trial Recipient and will conclude 7 calendar days thereafter.
- At the conclusion of the Trial Period, the Trial Recipient will return Obi in good working condition to Desin, LLC at Desin’s cost. At that time, the Trial Recipient has the option to:
- enter into a purchase arrangement; or
- pursue funding (i.e. Medicaid, Private Insurance, VA Health Care Benefits, Grants, etc.)
- Failure to return the Trial Device at the end of the Trial Period may result in an invoice for the full retail value of Obi, as outlined in the Acknowledgements section below.
- Trial Recipient acknowledges that Obi is a delicate electronic robotic device and will treat it with due care and concern.
- Trial Recipient acknowledges that they will receive a User’s Manual inside Obi’s packaging and that the Trial Recipient will read the User’s Manual prior to operating Obi.
- Obi Trial Recipient acknowledges that the value of Obi is $8,200 plus applicable sales tax and shipping. Credit card payments may incur a 3% processing fee.
- Obi Trial Recipient acknowledges that they are responsible for paying up to the full value of Obi if the device is lost, unreturned, or damaged beyond reasonable repair.
- Purchasing Obi is not a requirement to enter this Trial Agreement. If Obi is not a great fit for the Trial Recipient, the Trial Device may be returned at Desin’s cost with no further obligation.
Use of Equipment
- Obi Trial Recipient agrees to use Obi for its intended purpose as specified in the User’s Manual.
- Obi Trial Recipient will use, maintain, and care for Obi consistent with instructions in the User’s Manual.
- If, for any reason, Obi is not working properly or has stopped working, the Trial Recipient will immediately submit an electronic support ticket or contact Desin, LLC at 844-435-7624 ext. 2, to report and attempt to resolve the problem.
- If the problem with Obi cannot be resolved and is as a result of a manufacturing defect, Obi Trial Recipient will return the defective unit to Desin, LLC at Desin’s cost.
Damages to Obi
- If Obi 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 Desin, LLC.
- 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 Desin, LLC, 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.
- This Agreement and any dispute regarding it shall be construed under the laws of the State of Michigan.
- Exclusive jurisdiction and venue for any action arising between the parties with respect to this Agreement shall lie in the Courts of Oakland County, Michigan or in federal courts situated in the Eastern District of Michigan (Southern Division) if federal court jurisdiction is invoked.
- In the event that a dispute that in any way arises under or relates to this Agreement, both parties agree to use their best efforts to resolve the dispute in an amicable way without the need for formal proceeding(s) filed with any court or administrative agency. In the event that the parties cannot amicably resolve their dispute, they agree to use binding arbitration according to the Commercial Arbitration Rules of the American Arbitration Association in the State of Michigan, County of Oakland pursuant to all applicable State of Michigan Statutes, as the final non-appealable adjudication of the dispute (including the arbitrability of the dispute) and agree that a final Judgment may be entered based on that adjudication. The parties agree that the arbitration required under this paragraph shall be governed by the terms outlined in the “Dispute Resolution” section of the Terms and Conditions found on Desin, LLC’s website, meetobi.com
Fees and Costs
- Trial Recipient shall pay all reasonable attorney fees and any other fees and costs incurred by Desin, LLC as a result of Trial Recipient’s breach of this Agreement. Specifically, but without limitation, Trial Recipient agrees to pay Desin, LLC for any and all costs and fees (including reasonable attorney fees) incurred by Desin, LLC to protect its rights under this Agreement and to collect any outstanding amounts due from Trial Recipient under this Agreement.
Limitation on Liability
- OBI TRIAL RECIPIENT AGREES THAT DESIN, LLC’S LIABILITY UNDER THIS AGREEMENT, IF ANY, IS LIMITED TO A REFUND OF ANY AMOUNTS PAID BY TRIAL RECIPIENT TO DESIN, LLC UNDER THIS AGREEMENT.
- DESIN, LLC 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).