Terms and Conditions

Leasing or Purchasing Movement Monitors, Transceivers, other SHDS Devices, and Accessing Data from Structural Health Data Systems (SHDS)

Thank you for your interest in SHDS’ Movement Monitor (MM). Ordering from SHDS signifies acceptance of the Terms and Conditions below. Please contact Ottis Foster at 254.733.6954 for assistance.

TERMS AND CONDITIONS

Product, Purchase and Lease Description. More information about the Movement Monitoring setup, data collection, transmission and viewing is provided on the website, StructuralHealth.tech. In brief, the User receives devices that are to be installed by the User, after which the User can view and interact with tables and graphs that show movement measurements and related data. SHDS leases and sells MMs that electronically measure 2-dimensional movement of up to about 1-inch (25mm) in the x-direction and ½-inch (13mm) in the y. The Client will need to reposition the MM if movement exceeds the device range.

The battery-powered MM sends measurements by Bluetooth to a plug-in Transceiver (TS) that sends the information via cell tower or satellite to the internet. The MM and TS can communicate up to about 150-feet apart across an open space, but less with intervening signal obstacles. Several MMs can connect to one (1) TS. The User is responsible for choosing locations to mount the MMs and for interpreting the data.

Lease Beginning and Ending.

Lease and/or Data Subscription Beginning: Begins when an MM or TS is activated, or within 2 weeks of the shipping date, whichever is less.
Lease and/or Data Subscription Ending: Ends when requested in writing by the Client, or if payment is not received by SHDS by the Lease or Data Subscription renewal date. Leased devices must be returned to SHDS in good condition less normal wear and tear within 1 month of the lease end, otherwise Client agrees to pay and authorizes SHDS to charge to the Client’s credit card up to $156 per device, less $13 per month that the device lease was paid. Leased devices do not need to be returned after 12 lease payments.

Cost and Payment. Detailed cost information is posted on the website Order Form (http://www.structuralhealth.tech). Payment is by credit card on the website Order Form when the website is activated, or by check or other means agreeable to both parties. Client is responsible for shipping costs to return the devices.

Payment: After the initial Lease or Data Subscription payment, the Client’s credit card will be debited beginning on the 1^st of the following month, with the remaining days from the initial payment prorated, and monthly therafter beginning on the 1^st for the following month unless or until cancelled. Cancellations begin at the end of the month in which SHDS receives a cancellation notice. The Client agrees to allow SHDS to debit their credit card for costs as ordered and as described in these Terms and Conditions.

Purchased MMs and TSs become the Buyer’s property. Leased MMs and TSs remain the property of SHDS, and are to be returned by the Client to SHDS in good condition less normal wear and tear when the lease is ended by choice or non-payment. The Client’s credit card will be debited, and Client agrees to pay, $156 per MM or TS that has not been returned within a month after the lease ends or whose returned condition is worse than normal wear and tear, less $13 per month that the device lease was paid, unless mutually agreed in writing otherwise. Devices do not need to be returned after 12 lease payments. Data is available for viewing and downloading by Client-authorized Users up to 1 month after the lease ends.

Product Performance and Remedy. The Client can expect the product to generally perform as described on SHDS’ website and in this Agreement. Data is expected to be recorded hourly. However, like with other electronic devices, some data collection may be missed. The User should check on data collection and inform SHDS if readings are missed so that SHDS can address the issue. The remedy for missing data due to MM or TS deficiencies is limited to SHDS reducing the lease rate by the percentage of hourly readings missed for that one-month’s lease, or other remedy of similar magnitude mutually agreed by SHDS and Client. SHDS at their discretion may also send replacement devices to remedy performance deficiencies of an existing device.

If the Buyer is not satisfied with purchased devices, the Warranty terms and conditions apply. If the Client is not satisfied with a leased MM or the data collection and website services at any time, the devices may be returned to SHDS for a refund for that month’s charges, provided, however, that SHDS is notified in writing of the desire to end the Lease and the leased devices are returned to SHDS in good and usable condition (less normal wear and tear) within one month of SHDS receiving the lease-ending notification Client agrees to not pursue other remedies.

Agreement Changes. SHDS may change this Agreement from time to time by notifying Client in writing. After any posted modification of the Terms, Client’s continued access to or use of the Site, and/or not returning the devices as described previously, signifies acceptance of the modifications.

Conclusion. By ordering this Lease, purchasing products, purchasing subscription services, and otherwise interacting with SHDS, Client agrees to these Terms and Conditions.