Trial Customer Agreement

Between the Supplier
  • Bttn (Tooost BV), represented by Steven Blom, Postbus 76543, 1070 HC Amsterdam, the Netherlands with company Registration no.: 58923853 VAT number: NL853240474B01, hereinafter called “the Supplier”.

and the Receiver
  • Company name: [Customer company name]
  • Shipment address: [Customer shipment address]
  • Shipment contact person: [Customer shipment contact person]

(Hereinafter collectively referred to as “the Parties”)

Shipment

Both parties hereby confirm that Supplier will ship [Number of trial devices] bttn’s to Receiver of the following type: [Trial device type]

Payments and expenses

  • There will be the agreed (recurring) payments that Receiver will pay to Supplier
  • Receiver shall be responsible for all expenses and shipping costs
  • Receiver agrees to pay a 2.9% credit card processing fee when applicable

Ownership

The Equipment is and shall remain the exclusive property of Supplier.

Liability of Supplier

  1. Exclusive of Supplier’s liability which cannot be disclaimed under applicable law, the total aggregate liability of Supplier (including its subsidiaries and other affiliates) arising out of or in connection with this Agreement, including any failure to comply with any warranty, guarantee or representation provided to Receiver, shall be limited to Receiver’s direct damages or loss not exceeding the aggregate amount of the rent paid by Receiver to Supplier or Royalty Fees paid by Supplier to Receiver over the six (6) months immediately preceding the event that gave rise to the damages or loss. The existence of one or more claims shall not enlarge such limitation.
  2. In no event shall Supplier (including its subsidiaries and affiliates) be liable for any incidental, indirect, consequential or other special damages arising out of or relating to this Agreement, including without limitation any damages relating to security, resulting loss, loss of profit, loss of savings, reduced goodwill, loss or theft of data, viruses, or other harmful code, loss due to business interruption, loss as a result of claims from Receiver’s customers, loss in connection with the use of items, materials or software provided by third parties that Supplier is instructed to obtain by Receiver and loss in connection with the engagement of secondary Suppliers by Supplier on Receiver’s instructions, including the bttn software. Further, in no event shall Supplier be liable due to the scrambling, destruction or loss of data or documents. The foregoing limitation shall apply notwithstanding that Supplier may have been notified of the possibility of the same and irrespective of the failure of essential purpose of any limited remedy in this Agreement.
  3. Except to the extent impermissible under applicable law, (a) in no event shall Supplier be liable to Receiver or its customers for any damages or loss of whatever nature after the expiration or early termination of the Agreement; and (b) any cause of action against Supplier must be commenced by Receiver within the one year period after accrual of such action.
  4. This Liability Clause applies to the bttn devices and services that Receiver will receive under this Agreement or has received prior to signing this Agreement and, if applicable, replaces all Supplier Liability Clauses in previous Agreements that were signed by Supplier and Receiver prior to signing this Agreement.
  5. The total liability of Supplier per year for damages or loss as a result of death or physical injury shall under no circumstances exceed the amount covered by Supplier’s applicable insurance policy or the aggregate amount of the rent paid by Receiver to Supplier or Royalty Fees paid by Supplier to Receiver over the six (6) months immediately preceding the event that gave rise to the damages or loss. The existence of one or more claims shall not enlarge such limitation.