This Evaluation Product Agreement (“Agreement”) is entered into as of between Pioneer POS Solution, Inc., with its principal place of business at 238 Benton Ct., City of Industry, CA 91789 (“PIONEER”) and with its principal place of business at (“CUSTOMER”).
WHEREAS, CUSTOMER wishes to borrow certain PIONEER product(s) (the "Product") for the purposes of evaluation or demonstration as listed in the Appendix A; and WHEREAS, PIONEER is willing to loan the Product to CUSTOMER for a limited period on the terms and conditions hereinafter set forth; NOW, THEREFORE, in consideration of the mutual covenants herein contained, the parties agree as follows:
Loan of the Product
PIONEER agrees to loan to CUSTOMER the Product as described in the attached Invoice for the period of thirty (__30 ) days from the date the Product is delivered to CUSTOMER, for the purpose of EVALUATION to be conducted by CUSTOMER. CUSTOMER hereby acknowledges and agrees that title to the Product shall remain with PIONEER at all times unless and until it is purchased and fully paid by CUSTOMER.
CUSTOMER shall not transfer care or custody of the Product to any other party or to any other location other than the one to which the Product was delivered by PIONEER without prior written consent. Product shall not be altered or modified by CUSTOMER without prior written consent.
Return of Product
CUSTOMER hereby agrees to return the Product to PIONEER in the same working condition as it was received. Immediately upon the end of the purpose of the loan, or after the approved extension by PIONEER, or upon request of PIONEER (collectively referred as “Return Date”), CUSTOMER shall immediately return the Product to PIONEER, at CUSTOMER's expense. If Product is not received by PIONEER within ten (10) working days from the Return Date, PIONEER will automatically charge CUSTOMER’s credit card for the full price of the Product(s) as listed in Appendix A.
Prior returning the Product, CUSTOMER must obtain a Return Authorization Number from PIONEER. The return of the Product shall be made and packed in the same shipping containers in which the shipment was originally received by the CUSTOMER.
For purposes of testing/evaluation, CUSTOMER acknowledges that it may be furnished with or may otherwise receive or have access to Information, material, or prototypes which relates to past, present or future products, software, research development, inventions, processes, techniques, designs or technical Information and data, marketing plans, financial statements, pro formas, and so on, relating to the business affairs and operations of PIONEER (the “confidential Information”) to purchase from PIONEER.
CUSTOMER agrees not to disclose the confidential Information or any discussions or contracts with PIONEER. CUSTOMER further agrees that disclosure of confidential Information by CUSTOMER will give rise to irreparable injury to PIONEER or the owner of such Information. Accordingly, PIONEER or such other party, may seek injunctive relief against the breach or threatened breach of the foregoing undertakings in addition to damages and any other legal remedies which may be available.
Indemnification for Loss or Damage
CUSTOMER agrees to compensate PIONEER for the full price of the Product(s), as listed in Appendix A, if it is lost, stolen, or damaged while under the custody or control of CUSTOMER or while it is being returned to PIONEER.
Product must pass PIONEER's inspection, which will be conducted within ten (10) business days of PIONEER's receipt of the returned Product. If the unit(s) found to be in a lesser condition expected after normal use, CUSTOMER agrees to promptly pay the amount billed by PIONEER.
Purchase of Product
CUSTOMER may purchase the Product at any time during or at the conclusion of the above mentioned period under PIONEER's standard terms and condition for such sale. If CUSTOMER fails to return the Product after the conclusion of the above mentioned period, CUSTOMER shall be deemed to have purchased the Product, and must immediately remit the payment.
This agreement shall be governed by the laws of the State of California. The parties acknowledge that they have read this Agreement, understand it and agree to be bound by its terms and conditions. No modification of this agreement will be effective unless it is in writing and is signed by both the PIONEER and CUSTOMER.
IN WITNESS WHEREOF, the parties hereto have set their names on the dates hereinafter set forth.
Please list the name(s) of the software that will be tested on the Product.
If Business is NOT a Corporation
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