Effective Date: June 28, 2024

These additional terms and conditions only apply if Customer buys Hardware directly from XRHealth. IF CUSTOMER OBTAINS HARDWARE FROM ANY PARTY OTHER THAN XRHEALTH DIRECTLY, THESE ADDITIONAL TERMS DO NOT APPLY. 

1. XRHealth hereby agrees to lease, and Customer agrees to rent, the Hardware described in applicable Order.   

2. XRHealth shall provide the Hardware in accordance with, and in the amount, set forth in an applicable Order.   

3. If XRHealth fails to deliver the Hardware by the delivery date in the Order, Customer may (i) direct expedited routing of the Hardware delivery, or (ii) cancel all or part of the Hardware delivery. This is Customer’s sole and exclusive remedy for delivery date failure.  

4. If any Hardware is damaged upon delivery to Customer, Customer must notify XRHealth in writing within three (3) business days of delivery. XRHealth will then ship Hardware of equal quality and quantity within ten (10) business days. Customer agrees to ship the damaged Hardware to the address provided by XRHealth.  

5. All lease and shipment of Hardware are made Ex Works (Incoterms 2010) to the delivery location on the Order. Title and risk of loss to each shipment of Hardware shall pass to Customer when XRHealth makes such shipment available to the carrier. 

6. In case hardware is not returned to XRHealth at the end of Term (within 30 days from Term end date) Customer will pay XRHealth a fee per such headsets as mentioned in Order. 

7. If the Customer utilizes their own headset or any hardware not supplied by XRHealth, XRHealth shall not be held liable for any issues, damages, or losses arising from the use, performance, or compatibility of such hardware. XRHealth’s support, warranties, and obligations are expressly limited to hardware that is rented or purchased directly from XRHealth.