TERMS and CONDITIONS of EQUIPMENT LOAN

1. CREDIT CARD HOLD/CHARGE. The medical device(s), accessories and packaging (the “Equipment”) will be sent from Rocket Doctor Inc. (the “RD”) once RD has placed a $150 CAD hold (the “Hold”) on your credit card. This hold will be kept for a maximum of seven days. Once the Equipment is received back by RD, we will immediately release the Hold. However, if the Equipment is not received by RD within seven days, then RD shall convert the Hold into a charge against your credit card (in each case, a “Conversion”). Notwithstanding this, RD will also complete a Conversion if following receipt of the Equipment RD reasonably determines that you have caused material damage to the Equipment due to your careless handling of the Equipment.

2. SECURITY INTEREST AND TITLE. RD retains all security interest and right of title in said Equipment. You agree, upon demand by RD, to promptly return the Equipment to RD, using the shipping method authorized and paid for by RD. You also agree to keep the Equipment in good order and repair while it is under your care and control. 

3. COPYRIGHT PROTECTION. You may receive medical equipment that contains copyright protected software. This software may be subject to a licensing agreement placing restrictions on its sale and use. It is your responsibility to comply with any such restrictions.

4. EVENTS BEYOND CONTROL. Fulfillment of this order is contingent upon the availability of materials. RD shall not be liable for any delay in delivery or for non-delivery in whole or in part caused by the occurrence of any contingency beyond the control of either the RD or suppliers to the RD, including, but not limited to, war, sabotage, acts of civil disobedience, failure or delay in transportation, act of any government or agency for subdivision thereof, judicial action, labor dispute, fire, accident, explosion, quarantine, restrictions, storms, flood, earthquake, or acts of God, shortage of labor, fuel, raw materials, or machinery or technical failure where RD has exercised ordinary care in the prevention thereof. If any contingency occurs, allocation of product and delivery thereof will be at the discretion of RD.

5. ASSIGNMENT. This Agreement may not be assigned, in whole or in part, without the written consent of the non-assigning party.

6. DISCLAIMER OF WARRANTIES. RD SPECIFICALLY DISCLAIMS ANY AND ALL LIABILITY OR WARRANTY FOR THE PERFORMANCE OF THE EQUIPMENT (INCLUDING HARDWARE AND SOFTWARE PRODUCTS). RD MAKES NO WARRANTY, EXPRESS OR IMPLIED, INCLUDING

THAT THE EQUIPMENT IS FIT FOR A PARTICULAR PURPOSE. RD SHALL NOT IN ANY CASE BE LIABLE FOR SPECIAL, INCIDENTAL, CONSEQUENTIAL, INDIRECT OR OTHER SIMILAR DAMAGES ARISING OUT OF OR RELATING IN ANY WAY TO OR FROM BREACH OF WARRANTY, BREACH OF CONTRACT, NEGLIGENCE OR ANY OTHER THEORY, EVEN IF RD OR ITS AGENT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE LIABILITY FOR PERFORMAING UNDER ANY MANUFACTURER WARRANTY PROGRAM RESTS SOLELY WITH THE SUBJECT MANUFACTURER AND RD HAS NO LIABILITY OR RESPONSIBILITY FOR PERFORMANCE THEREUNDER.