THIS SPOT VITAL SIGNS 4400 DEVICE EVALUATION AGREEMENT (“AGREEMENT”) IS A CONTRACT BETWEEN YOU (YOU PERSONALLY OR YOU ON BEHALF OF A LEGAL ENTITY) (“YOU” AND “YOUR”) AND WELCH ALLYN, INC. (“WELCH ALLYN”), AND COVERS YOUR EVALUATION OF WELCH ALLYN’S SPOT VITAL SIGNS 4400 DEVICE (“PRODUCT”). WELCH ALLYN LOANS THE PRODUCT TO YOU SOLELY ON THE TERMS SET FORTH IN THIS AGREEMENT AND THE CONDITION THAT YOU ACCEPT AND COMPLY WITH THEM. BY CLICKING THE “I AGREE” BUTTON BELOW, YOU (I) ACCEPT THIS AGREEMENT AND AGREE THAT YOU ARE LEGALLY BOUND BY ITS TERMS; AND (II) REPRESENT AND WARRANT THAT: (A) YOU ARE OF LEGAL AGE TO ENTER INTO A BINDING AGREEMENT; AND (B) IF YOU ARE ACCEPTING AND AGREEING ON BEHALF OF A LEGAL ENTITY, YOU HAVE THE RIGHT, POWER AND AUTHORITY TO ENTER INTO THIS AGREEMENT ON BEHALF OF SUCH LEGAL ENTITY AND TO BIND SUCH LEGAL ENTITY TO ITS TERMS.
- In order for You to evaluate the Product before purchasing it, Welch Allyn will loan the Product to You for You to evaluate for a period of 2 weeks. Welch Allyn must agree in writing to any extension of the evaluation period.
- Welch Allyn will ship the Product to You upon confirmation of the evaluation period.
- The evaluation period will commence on the date You receive the Product.
- You will send the Product back to Welch Allyn by packing it in the box in which it was delivered and affixing the return shipping label.
- You acknowledge and agree that if You don’t return the Product within 10 days of the end of the evaluation period, or if the Product is damaged upon its return (normal wear and tear excepted), Welch Allyn will invoice You at the list price for the Product.
- You acknowledge and agree that the Product may not be new and is furnished “AS IS,” without any express or implied warranties, including, without limitation, the implied warranties of non-infringement, merchantability, or fitness for a particular purpose.
- You further acknowledge and agree that Welch Allyn retains ownership of the Product and that delivery of the Product to You is a legal bailment of property.
- You will not submit to any patient, government health care program, or other third-party payer any charge or claim based on Your use of the Product to the extent prohibited by law or contract.
- You acknowledge and agree that if the evaluation period is more than 90 days, Welch Allyn may be required to file a report under the federal Physician Payments Sunshine Act or similar state transparency laws.
