11.6 Return of Equipment
Acceptance by Shape Robotics of the returned Rental equipment does not waive any claims Shape Robotics may have against Customer, including, but not limited to, claims for latent, patent, or hidden damage.
11.7 Damaged or Lost Equipment
Customer is solely responsible and liable for any and all loss, including theft, and/or damage to the equipment during the period covered by the Rental Agreement. In the event of any loss or damage to the equipment, Customer agrees to pay the rental rate during the period of time Shape Robotics is deprived of the equipment and until such time as it is repaired and/or replaced.
11.8 Equipment Valuation
Customer agrees that the value of the equipment, in the event of damage or loss requiring replacement of said equipment, is determined by the cost of a similar replacement device, set out in the current valid price list provided by Shape Robotics.
If Customer uses the products, as described in “User Manual”, and physical damage to the product is proven. Shape Robotics will replace or repair the equipment within one week of arrival. Freight to Shape Robotics and freight to Customer will be paid by Shape Robotics. Shipping time, is not included in the one week.
If the Customer fails, without limitation, to make any payment at the due date Shape Robotics can nullify this Agreement and repossess the Equipment with no notice to Company or any involved parties. Shape Robotics reserves the right to inspect the Equipment at any time during the Rental Period.
Customer agrees to assume full responsibility and liability for the safekeeping and return of all rented equipment accepted by Customer. Customer agrees to indemnify and hold harmless Shape Robotics and any other persons to which Shape Robotics may be responsible to indemnify and hold harmless, from any and all liability, claims, damages, costs, including legal fees, and expenses arising from Customer’s use, misuse and/or possession of the rented equipment.
11.12 Authority Warranty
Customer hereby warrants that any person which it directs or allows to receive equipment from Shape Robotics, or who shall sign for acceptance of equipment, is authorized by Customer to do so. This authorized person is bound to the same terms of this Agreement. Customer herein waives any obligation on the part of Shape Robotics to confirm said person’s authority to act on behalf of Customer.
11.13 Titles and Limitation of Liability
The sole title of ownership and all rights to ownership of the Equipment shall, at all times, remain with Shape Robotics. In no event shall Shape Robotics be liable to Customer or any third party for any loss, without limitation. Customer hereby agrees to assume full responsibility and liability for any such Claims and for the safekeeping and return of all Equipment rented by Customer.
This is a non-exclusive. Customer shall not sell, sublease, or loan the Equipment or assign any of its rights or obligations under this Agreement to any other person or entity.
11.15 Choice of Law
The laws of Denmark and/or the EU shall govern this Agreement. Customer agrees that any action arising out of or relating to this Agreement shall be brought solely in Denmark and/or a court within EU, and Customer consents and submits to the jurisdiction of such court. In the event of any such action, Shape Robotics shall be entitled to full reimbursement of attorneys’ fees and court costs, in addition to any other recovery, from Customer.
Customer agrees that it shall not disclose the terms and conditions of the Contract or the discussions and negotiations that occurred between Company and Customer respecting the Contract and Rental Agreement to any third party.