WESPER EQUIPMENT RETURN POLICY
This Wesper Equipment Return Policy (the “Return Policy”), forms part of the Wesper Sleep Lab Subscription Agreement (the “Agreement”) between Wesper, Inc. (“Wesper”) and Subscriber. Capitalized terms used and not otherwise defined herein shall have the meanings ascribed to them in the Agreement. Each of Wesper and Subscriber is referred to in this Return Policy individually as a "party" and collectively as the "parties".
- Scope. This Wesper Equipment Return Policy applies only to Drop Ship Wesper Equipment and Leased Wesper Equipment.
- Return Date Requirements for Drop Ship Wesper Equipment. Subscriber must return the Drop Ship Wesper Equipment as described in (a), (b) and (c) below:
- Upon completion of the 30 day access period (or other access period set forth in the Agreement or applicable Order) for the applicable Authorized Patient User (the “Access Period”), the Drop Ship Wesper Equipment provided to the applicable Authorized Patient User must be returned to Wesper via a prepaid shipping envelope within 15 calendar days from the end of the Access Period.
- Inventory must be provided to an Authorized Patient User for an Access Period within 45 calendar days of receipt of such Inventory by Subscriber (the “Inventory Deadline”). If such Inventory is not provided to an Authorized Patient User on or before the Inventory Deadline, Subscriber must return the Drop Ship Wesper Equipment remaining in Inventory within 15 calendar days following the Inventory Deadline.
- Within 30 calendar days following termination or expiration of the Agreement or the applicable Order Form for any reason, Subscriber will return all Drop Ship Wesper Equipment in its possession or in the possession of any Authorized Patient Users.
- Return Date Requirements for Leased Wesper Equipment. Within 30 calendar days following termination or expiration of the Agreement or the applicable Order Form for any reason, or the end of the Lease Term (whichever occurs first), Subscriber will return all Leased Wesper Equipment in its possession or in the possession of any Authorized Patient Users.
- Obligations. Subscriber shall, at Subscriber’s sole cost and expense (except where pre-payment by Wesper is expressly stated), prepare the Wesper Equipment for shipment and return the Wesper Equipment to Wesper in the same operating order, repair, condition, and appearance as when received, except for normal wear and tear. Such returns shall be in accordance with Wesper’s then-current guidelines, to such place within the continental United States as is designated by Wesper, properly packaged, freight prepaid and insured. Subscriber shall comply with all applicable laws in returning the Wesper Equipment.
- Condition of Wesper Equipment. Returned Wesper Equipment must be in good condition, repair and working order. Sponsor must return all components of the Wesper Equipment, including, without limitation, charging pad, sleep patches, and charging cable.
- Fees for Unreturned Kits. Any “Unreturned Kit” means any unit of Wesper Equipment where Subscriber:
- fails to return the unit of Wesper Equipment to Wesper in accordance with this Return Policy on or before the dates set forth in Section 1 or Section 2 (as applicable);
- returns the unit of Wesper Equipment, but it is not returned in good condition; or
- returns the unit of Wesper Equipment, but the return does not include all components of the unit.
For each Unreturned Kit, Wesper will invoice Subscriber, and Subscriber shall pay, the Unreturned Kit Fee set forth in the applicable Order Form. Wesper shall invoice Subscriber for the Unreturned Kit Fee(s) and Subscriber shall pay the invoice in accordance with the payment terms set forth in the Order Form.
- Questions. Please contact Wesper at email@example.com with any questions regarding this Return Policy.