Barco Try & Buy Program
ClickShare/wePresent Free Trial Terms & Conditions
These terms and conditions (the “Agreement”), between Audio Visual Distributors and You (the “User”) sets forth the terms and conditions to use the ClickShare CSE-200 set / wePresent WiCS-2100 set (the “Demo unit”) for the sole purpose of evaluation for up to four (4) weeks from delivery by Audio Visual Distributors (the “Demo Period”) before deciding to buy a the set. User hereby agrees that the Demo Units on loan shall be subject to the following terms and conditions:
- The try & buy program is only available for professional users with a valid ABN number in Australia and New Zealand.
- During the Demo Period, the Demo Unit shall be operated by the User only and shall be used only for the intended evaluation purpose and in strict accordance with the operating instructions for the Demo Unit. User shall use the Demo Unit and/or any part thereof in the normal course of User’s operations. User shall not lend or otherwise make the Demo Unit or any part thereof available to a third party. The User shall not remove or relocate the Demo Unit or any part thereof from its facility without prior written notification to Audio Visual Distributors.
- During the Demo Period, the Demo Unit shall at all times, remain the exclusive property of Audio Visual Distributors. User shall ensure that the Demo Unit in its possession shall at all times be readily identifiable by Audio Visual Distributors as Audio Visual Distributors property on User’s premises. In the event a third party claims to have any right, takes, threats or attempts to take possession of the Demo Unit or any part thereof, the User shall advise Audio Visual Distributors thereof without any delay and follow Audio Visual Distributors instructions.
- During the Demo Period and until the moment of redelivery by the User of the Demo Unit, the Demo Unit shall be under the care, custody and control of the User. The User shall, at its own cost and expense, keep the Demo Unit in good condition and proper working order and use no less than a reasonable degree of care to safeguard, to maintain and operate the Demo Unit. User shall be liable for any damage to or loss of the Demo Unit while in User’s custody and control until the redelivery. Upon returning the Demo Unit, the user is required to include all accessories that were contained inside the Demo Unit. The User shall immediately contact the customer care service of Barco’s service partner in case of damage, and the User agrees to pay the cost for repair/refurbishment at Audio Visual Distributors terms (unless otherwise agreed in writing). Should they be required, repairs, swaps or potential updates/upgrades of the Demo Unit are to be performed exclusively by an Audio Visual Distributors authorised service technician.
- Audio Visual Distributors shall deliver the Demo Unit to the agreed upon location at its cost and risk. Any additional operational costs or expenses (e.g. transport, installation, etc) may be invoiced as agreed upon. Notwithstanding the foregoing, Audio Visual Distributors shall pay for the transportation cost of the demo unit to the User and for the costs of the return label as well.
- This Agreement shall terminate and the User’s right to possession of the Demo Unit shall immediately cease: (i) upon the end of the Demo Period; or, (ii) if the User defaults on any of the terms of this Agreement; or, (iii) if any proceeding under any bankruptcy or insolvency laws is instituted by or against the User; or, (iv) the User makes any assignment of its property for the benefit of its creditors.
- At the end of the Demo Period, the User shall be given the opportunity to buy a ClickShare CSE-200 / wePresent WiCS-2100 set by issuing a sales order to an Audio Visual Distributors authorised reseller at the then prevailing and agreed terms and conditions.
- Upon expiration or termination of the Demo Period, the User shall return the Demo Unit to Audio Visual Distributors in good condition. User shall be granted a one (1) week’s grace period to return the Demo Unit. If the Demo Unit or any part thereof is not returned within said grace period, Audio Visual Distributors shall invoice the list price of the Demo Unit or any part thereof to User without the need of a separate purchase order or other formality.
- Any Demo Unit which is damaged, not working and/or missing will be invoiced by Audio Visual Distributors to the User at list price pursuant to this Agreement, as the case may be in addition to aforementioned indemnity, and without the need of a separate purchase order or other formality. The remedies under this clause are in addition to and not exclusive from any other remedies available under this Agreement, by law or in equity.
- The User shall, at its care and expense, subscribe and maintain operative during the Demo Period an insurance policy covering (i) any bodily injury to User’s employees, officers, directors or any other third party caused by or resulting from the Demo Unit or in connection therewith; (ii) any loss of or damage to any and all property of User’s employees, officers and directors or any other third party caused by or resulting from the Demo Unit or in connection therewith; and (iii) any loss of or damage to the Demo Unit or any part thereof.
- The User shall be liable, indemnify and hold harmless Audio Visual Distributors, its employees, officers and directors against any and all claims, actions, suit or proceedings, liabilities, damages, losses, costs and expenses, asserted against or incurred against Audio Visual Distributors, its employees, officers and directors as result of bodily injury (including without limitation disability, death and disease) or any property damage caused by or resulting from the Equipment or in connection therewith. To the maximum extent permitted by law, Audio Visual Distributors’ exclusive liability and User’s exclusive remedy for any and all claims as to the Demo Unit shall be limited to the value of the Demo Unit. No limitation applies for liability in relation to death or personal injury caused by the negligence of Audio Visual Distributors, willful misconduct, gross negligence, intentional acts or other cases where liability may not be excluded or limited by applicable law.
- The User agrees not to disclose any confidential information received from Audio Visual Distributors, whether oral or written or in another tangible form, to any employees who do not have a specific need to use such information or to any outside party (including contractors) without prior written consent of Audio Visual Distributors. The obligations of confidentiality shall not apply to information which is in the public domain at the time of disclosure or becomes in the public domain without fault or breach of the User.