AGREEMENT. This Equipment Lease Agreement (LEASE AGREEMENT) has important terms and conditions regarding your lease of equipment from Voodoo Robotics. By "Equipment," we mean the Pick-To-Light Device, Turbo Device, SKU-Station Kiosk and associated Voodoo Robotics hardware related to the SKU-Keeper System described in the Voodoo Robotics End User License and Lease Agreement ("EULLA").
EULLA. You agree to the SKU-Keeper EULLA with your SKU-Keeper Order Confirmation. The EULLA, together with this LEASE AGREEMENT, comprise the terms of your service agreement with Voodoo Robotics. You accept this LEASE AGREEMENT by doing any of the following: (a) providing your written or electronic signature or acknowledgement; (b) activating service; (c) paying for service; or (d) using the service after making a change or addition that would require another LEASE AGREEMENT.
NOT A PURCHASE. You understand and agree that you did not buy the Equipment, do not own the Equipment, and must use and return the Equipment as explained in your service agreement with Voodoo Robotics. You have no right to sell, give away, transfer, pledge, mortgage, alter or tamper with the Equipment and may not use it outside of the United States or Canada. Voodoo Robotics reserves the right to lease previously used Equipment to customers.
SKU-KEEPER SYSTEM AGREEMENT COMMITMENT. Your charges for the SKU-Keeper System, including activation and monthly charges, are subject to change at the discretion of Voodoo Robotics, and appear in the SKU-Keeper System shopping cart.
TERM COMMITMENT. Your commitment to this Equipment Lease shall be renewed from month to month and may only be cancelled with prior written notice received by Voodoo Robotics at least 30 days prior to the termination date.
LATE FEE. All late payments will incur a late charge of 1.5 percent per month.
EQUIPMENT RETURN, NON-RETURN FEES. If you cease to be our customer (whether voluntarily or involuntarily), you must contact Voodoo Robotics within 30 days of termination to arrange for all Leased Equipment to be returned in good working order, normal wear and tear excepted. If we haven't received your Equipment within 21 days of termination, or if the Equipment is returned in damaged condition, we will charge you $100 for each standard Pick-To-Light Device and associated hardware, $500 for each Turbo, and $600 for each SKU-Station Kiosk so please promptly attend to your Equipment return. We reserve the right to charge these fees to the credit or debit card you have on file with us.
WARRANTY DISCLAIMER. You are responsible for the loss of, damage to, or the entire cost of any necessary service or repair of the leased Equipment. You have no right to sell, give away, transfer, pledge, mortgage, alter or tamper with the Equipment. EXCEPT AS PROVIDED HEREIN, WE MAKE NO WARRANTY OR REPRESENTATION, EITHER EXPRESS OR IMPLIED, REGARDING ANY SERVICE OR EQUIPMENT, ALL OF WHICH IS PROVIDED TO YOU AS IS AND WITH ALL FAULTS. ALL SUCH WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, ARE EXPRESSLY EXCLUDED. YOU BEAR THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE RECEIVING EQUIPMENT. YOU ARE RESPONSIBLE FOR THE LOSS OF, DAMAGE TO, OR THE ENTIRE COST OF ANY NECESSARY SERVICE OR REPAIR OF ALL EQUIPMENT. VOODOO ROBOTICS IS NOT RESPONSIBLE FOR ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES RESULTING FROM EQUIPMENT PROVIDED TO YOU. NOTWITHSTANDING THE FOREGOING, YOU AGREE THAT VOODOO ROBOTICS MAXIMUM, TOTAL LIABILITY IN THE AGGREGATE RESULTING FROM YOUR LICENSE OR LEASE OF THE EQUIPMENT OR SOFTWARE SHALL IN NO EVENT EXCEED YOUR TOTAL EQUIPMENT LEASE AND SOFTWARE LICENSE FEES FOR THE SECOND MONTH OF YOUR EQUIPMENT LEASE.
AUTOMATIC PAYMENT REAUTHORIZATION. By continuing your use of Equipment and/or failing to give 30 days notice of termination, you confirm and re-authorize automatic payments for your services to the credit or debit card or bank account that you selected.
CHOICE OF LAW AND VENUE. These Terms are governed by and construed in accordance with the laws of the State of Texas, U.S.A., without giving effect to any conflict of law principles, except as may be otherwise provided in supplemental terms applicable to your region. You agree that venue shall lie exclusively in Collin County, Texas.
WAIVER OF JURY TRIAL. THE PARTIES HEREBY UNCONDITIONALLY WAIVE THEIR RIGHT TO A JURY TRIAL OF ANY AND ALL CLAIMS OR CAUSES OF ACTION ARISING FROM OR RELATING TO THEIR RELATIONSHIP. THE PARTIES ACKNOWLEDGE THAT A RIGHT TO A JURY IS A CONSTITUTIONAL RIGHT, THAT THEY HAVE HAD AN OPPORTUNITY TO CONSULT WITH INDEPENDENT COUNSEL, AND THAT THIS JURY WAIVER HAS BEEN ENTERED INTO KNOWINGLY AND VOLUNTARILY BY ALL PARTIES TO THIS AGREEMENT. IN THE EVENT OF LITIGATION, THIS AGREEMENT MAY BE FILED AS A WRITTEN CONSENT TO A TRIAL BY THE COURT.
ENTIRE AGREEMENT; SEVERABILITY. This Hardware Equipment Lease Agreement is the entire agreement between you and Voodoo Robotics relating to the SKU-Keeper System and the support services (if any), and they supersede all prior or contemporaneous oral or written communications, proposals and representations with respect to the SKU-Keeper System or any other subject matter covered by this Agreement. To the extent the terms of any Voodoo Robotics policies or programs for support services conflict with the terms of this Agreement, the terms of this Agreement shall control. If any provision of this Agreement is held to be void, invalid, unenforceable or illegal, the other provisions shall continue in full force and effect. Voodoo Robotics reserves the right to change this Agreement at any time. The current version of this agreement shall be posted at all times at https://www.sku-keeper.com/lease