Trial Agreement

Obi Trial Agreement

The Obi Trial Program provides the perfect opportunity for potential diners to try and familiarize themselves with Obi’s features. We offer two trial options:

In-Home Trial

Length: 14 Days

Cost: $500 refundable security deposit

Healthcare Facility Trial

Length: 21 Days

Cost: $0

Obi Trial Agreement

Parties to the Agreement
1. Desin, LLC and ________________ (“Trial Recipient”) agree to enter into a Trial arrangement.
Trial Duration
1. The Trial Period will start upon the delivery date of Obi to the Trial Recipient and will conclude 14 calendar days (in-home trial) or 21 calendar days (healthcare facility trial) thereafter.
2. 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:
  1. enter into a Purchase, Rental or Lease arrangement with Desin, LLC; or
  2. prepare an insurance/Medicaid submission.
3. Failure to return the Trial Device at end of the Trial Period may result in a recurring rental charge of $300/month until the device is returned.
Acknowledgments
1. Trial Recipient acknowledges that Obi is a delicate electronic robotic device and will treat it with due care and concern.
2. 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.
3. Obi Trial Recipient acknowledges that the value of Obi is $5,950 plus applicable sales tax and shipping.
4. 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.
Use of Equipment
1. Obi Trial Recipient agrees to use Obi for its intended purpose as specified in the User’s Manual.
In-Home Trial Security Deposit
1. The Obi In-Home Trial Recipient shall provide a check, ACH payment, or valid credit card for the amount of $500.
2. If, at the end of the Trial Period, Obi is returned undamaged and in good working order, the amount charged for the Security Deposit will be refunded within two weeks (14 calendar days).
3. In the event that Obi is not returned at the end of the Trial Period, the Trial Recipient may be charged for the full value of Obi as stated in section Acknowledgments above.
4. The security deposit may be used to pay for the repair damages to Obi other than normal wear and tear.
5. The security deposit may be applied towards the purchase of an Obi at the conclusion of the Trial Period.
Serviceability
1. Obi Trial Recipient will use, maintain, and care for Obi consistent with instructions in the User’s Manual.
2. If, for any reason, Obi is not working properly or has stopped working, the Trial Recipient will immediately contact Desin, LLC at 844-435-7624 to report the problem and attempt to resolve the problem.
3. 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
1. 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.
Entire Agreement
1. This is the entire agreement between the parties. It replaces and supersedes any and all other related agreements between the parties.
Severability
1. 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.
Disputes/Arbitration
1. This Agreement and any dispute regarding it shall be construed under the laws of the State of Michigan.
2. 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.
3. 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
1. 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
1. 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.
2. 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).

Acknowledgement

A signed Trial Agreement is required for all In-Home and Healthcare Facility trials. Your trial will be processed upon receipt of the Acknowledgement and applicable security deposit (for in-home trials).

As soon as your trial ships, you will receive an email from you Obi Customer Experience Representative with information about how to operate the device, return packaging information, and other useful tips to enhance your Obi experience.

Helpful Resources

Insurance Intake Form Sample Letter of Medical Necessity

Obi Trial Agreement

In-Home Trial

Healthcare Facility Trial

Obi Trial Agreement

Acknowledgement

Helpful Resources

Obi User Setup Video