Establishing secure connection…Loading editor…Preparing document…

Product Evaluation Agreement Template

This template is fully customizable. Edit the text, fill out the fields, and send it for signature. Give it a try!

PRODUCT EVALUATION AGREEMENT

This Product Evaluation Agreement ("Agreement") is entered into as of Effective Date: by and between Company Name: , a(n) , with principal place of business at ("Company"), and Evaluator Name: , a(n) , with address at ("Evaluator").

RECITALS

WHEREAS, Company designs, manufactures or distributes the product described as Product Description: (the "Product");

WHEREAS, Company desires to provide the Product to Evaluator for the purpose of testing, demonstration, review, and evaluation under the terms set forth herein; and

WHEREAS, Evaluator has experience in performing product evaluations and agrees to perform the Evaluation (as defined below) for Company on the terms and conditions set forth in this Agreement.

NOW, THEREFORE, in consideration of the mutual covenants and promises contained herein, the parties agree as follows:

1. DEFINITIONS

1.1 "Evaluation" means the testing, inspection, demonstration, analysis and reporting activities conducted by Evaluator with respect to the Product for the purpose of assessing performance, usability, safety, marketability, or other characteristics requested by Company.

1.2 "Confidential Information" means all non-public technical and business information disclosed by Company to Evaluator, whether disclosed orally, in writing, or by inspection of tangible items, including product designs, specifications, prototypes, software, test data, business plans and research.

2. DELIVERY AND EVALUATION

2.1 Company shall deliver the Product to Evaluator at Delivery Address:

2.2 Evaluation Period shall commence on Start Date: and end on End Date: , unless earlier terminated in accordance with this Agreement.

2.3 Evaluator shall perform the Evaluation in a commercially reasonable manner consistent with industry practices and shall use reasonable care to preserve the condition of the Product while in Evaluator's possession.

3. CONFIDENTIALITY

3.1 During the Evaluation and for Confidentiality Term: following the return of the Product, Evaluator shall hold Confidential Information in strict confidence and shall not disclose such information except to Evaluator's employees, contractors or advisors who have a need to know and who are bound by confidentiality obligations no less protective than those in this Agreement.

3.2 Evaluator shall not use Confidential Information for any purpose other than performing the Evaluation and shall take reasonable measures to prevent unauthorized access or disclosure.

4. FEEDBACK; ASSIGNMENT OF RIGHTS

4.1 Evaluator shall provide Feedback in the form of written reports, test data, suggestions and other communications. Feedback shall be delivered to Company Contact Name: at Contact Email: .

4.2 Evaluator hereby grants to Company an exclusive, irrevocable, perpetual, worldwide, royalty-free right and license to use, modify, reproduce, distribute, and exploit all Feedback and all intellectual property rights therein, including the right to seek patent, trademark or other protection.

5. OWNERSHIP; LICENSE

5.1 Company retains all right, title and interest in and to the Product and all Company Confidential Information and intellectual property rights embodied therein. No transfer of ownership is intended by delivering the Product to Evaluator.

5.2 Subject to the limited rights expressly granted in this Agreement, no license, by implication, estoppel or otherwise, is granted under any Company patent, copyright, trademark, trade secret or other intellectual property right.

6. RETURN; RISK OF LOSS

6.1 Upon expiration or earlier termination of the Evaluation Period, Evaluator shall, at Company's election, return the Product to Company at Evaluator's expense or certify its destruction in writing to Company. Return shall be to Return Address:

6.2 Risk of loss or damage to the Product shall remain with Evaluator while the Product is in Evaluator's possession. Evaluator shall maintain reasonable insurance covering the Product while in its possession.

7. COMPENSATION; EXPENSES

7.1 As full consideration for the Evaluation and rights granted herein, Company shall pay Evaluator Compensation: and reimburse pre-approved expenses in accordance with written instructions from Company where applicable.

8. REPRESENTATIONS AND WARRANTIES; DISCLAIMER

8.1 Each party represents that it has authority to enter into this Agreement. Company warrants that it has the right to provide the Product to Evaluator for Evaluation. Except as expressly provided herein, Company makes no other warranties, express or implied, including any warranty of merchantability or fitness for a particular purpose.

9. INDEMNIFICATION

9.1 Evaluator shall indemnify, defend and hold harmless Company and its officers, directors and employees from and against any claims, damages, losses or liabilities (including reasonable attorneys' fees) arising out of Evaluator's negligence, willful misconduct, misuse of the Product, or breach of this Agreement.

10. LIMITATION OF LIABILITY

10.1 IN NO EVENT SHALL EITHER PARTY BE LIABLE FOR INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING OUT OF OR RELATED TO THIS AGREEMENT, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE AGGREGATE LIABILITY OF EACH PARTY FOR CLAIMS ARISING OUT OF THIS AGREEMENT SHALL NOT EXCEED THE AMOUNT ACTUALLY PAID BY COMPANY TO EVALUATOR UNDER SECTION 7 DURING THE SIX (6) MONTHS PRECEDING THE CLAIM.

11. PUBLICITY

11.1 Evaluator shall not issue any press release, make public statements or use Company's trademarks or logos in any advertising or publicity without Company's prior written consent, except that Company may identify Evaluator as a testing partner in a factual manner.

12. TERM; TERMINATION

12.1 This Agreement shall commence on the Effective Date and continue until completion of the Evaluation Period unless earlier terminated by either party upon written notice to the other for material breach that is not cured within thirty (30) days.

13. NOTICES

13.1 All notices, requests, demands and other communications required or permitted hereunder shall be in writing and delivered to the addresses below.

14. AMENDMENTS; WAIVER; COUNTERPARTS

14.1 No amendment, modification or waiver of any provision of this Agreement shall be effective unless in writing and signed by both parties. No failure or delay by either party in exercising any right shall operate as a waiver of that right.

14.2 This Agreement may be executed in counterparts, each of which shall be deemed an original and all of which together shall constitute one and the same instrument.

15. ASSIGNMENT

15.1 Neither party may assign or transfer this Agreement, in whole or in part, without the prior written consent of the other party, except that Company may assign this Agreement in connection with a merger or sale of substantially all of its assets.

16. SEVERABILITY

16.1 If any provision of this Agreement is held to be invalid or unenforceable, the remaining provisions will remain in full force and effect and the invalid provision will be reformed to the extent necessary to make it enforceable while preserving the parties' intentions.

17. GOVERNING LAW; ENTIRE AGREEMENT

17.1 This Agreement shall be governed by and construed in accordance with the laws of Governing State: , without regard to its conflicts of law principles.

17.2 This Agreement, including all schedules and attachments, constitutes the entire agreement between the parties with respect to its subject matter and supersedes all prior and contemporaneous agreements and understandings, whether written or oral.

18. MISCELLANEOUS

18.1 The parties acknowledge that monetary damages may be inadequate to remedy a breach of the confidentiality obligations herein and that Company may seek injunctive relief in addition to all other remedies available at law or in equity.

Company Printed Name:

By:

Date:

Evaluator Printed Name:

By:

Date:

Enter text✕
Prepare your document for signing right on this page
  • 01 Edit the text and complete the fields
  • 02 Click Sign Now and on the next screen add recipients and signature fields in SignNow
  • 03 Start your free trial to sign and send your doc
Sign Now

What the Product Evaluation Agreement Template Covers

A Product Evaluation Agreement Template documents the terms under which a supplier provides a product to another party for testing, review, or trial use for a limited period. It sets the evaluation period, permitted uses, shipping and return responsibilities, inspection and liability rules, confidentiality and intellectual property protections, and acceptance or rejection criteria. The template standardizes responsibilities for both parties, reduces negotiation time, and clarifies remedies for damage, loss, or commercialization of feedback while preserving documentation useful for audits and recordkeeping.

Why a Standard Template Matters for Product Trials

Using a standardized Product Evaluation Agreement Template reduces ambiguity about ownership, testing scope, and return obligations, so both parties understand risk allocation before the product leaves custody.

Why a Standard Template Matters for Product Trials

Who Typically Prepares and Signs This Agreement

The template is used by vendors, procurement teams, R&D groups, and legal counsel to formalize short-term product evaluations.

  • Vendor procurement and sales teams who ship product samples and need clear return and liability rules.
  • Corporate R&D or product managers who require defined test scopes, reporting obligations, and acceptance criteria.
  • Legal or contracts teams who ensure IP, confidentiality, and warranty disclaimers are enforceable and auditable.

Use the template as a starting point and adjust clauses for industry specifics, regulatory requirements, or custom acceptance tests.

Primary Signers and Roles

Vendor Representative

A company officer or authorized agent signs for the supplier; this signer confirms authority to lend or deliver product and to make warranty and liability commitments on the supplier’s behalf.

Evaluator Signatory

An authorized buyer, procurement manager, or research lead signs for the recipient organization and accepts responsibility for handling, testing, and returning the product per agreement terms.

Essential Clauses to Include in the Template

A complete Product Evaluation Agreement should include terms that protect each party while enabling practical testing. The six elements below cover common legal and operational needs.

Scope of Evaluation

Define permitted uses, testing environments, and any limitations on reverse engineering or data extraction during the trial period to prevent unintended exploitation of the product.

Term and Return

Specify the evaluation start and end dates, shipping responsibilities, return deadlines, and condition standards for acceptable return to avoid disputes over late or damaged returns.

Confidentiality

Describe confidentiality obligations for product design, test results, and any exchanged documentation; include the duration of secrecy obligations and permitted disclosures.

Ownership and IP

Affirm that the supplier retains ownership of the product and any preexisting intellectual property; clarify ownership of feedback, suggestions, and derivative works.

Liability and Insurance

Allocate risk for damage, loss, or third-party claims and require insurance or indemnity where appropriate for higher-risk evaluations or on-site testing.

Data Handling and Compliance

Address personal data or PHI handling in tests, require applicable addenda (HIPAA if needed), and specify applicable data protection standards.

Step-by-Step: Fill and Finalize the Agreement

Follow these sequential steps to complete and execute a Product Evaluation Agreement reliably.

  • 01
    Prepare Template: Select the correct template and update party names and product identifiers before sharing.
  • 02
    Set Terms: Enter evaluation dates, return conditions, insurance requirements, and any acceptance tests.
  • 03
    Add Signers: Assign roles and signature fields for authorized representatives and witnesses if required.
  • 04
    Execute and Archive: Collect signatures, confirm shipment details, and store the fully executed agreement for records.

How to Configure an Online Agreement Workflow

Configure the digital workflow to match your internal approval routing, authentication needs, and retention policy before sending.

Field Configuration
Authentication Method Choose email link, SMS code, or advanced KBA for higher assurance levels.
Signature Fields Place signature, date, and printed name fields with role-based assignment.
Conditional Fields Use conditional logic for optional exhibits or insurance details only when applicable.
Audit Trail Enable full timestamps, IP capture, and automatic certificate generation for compliance.

Typical Execution Flow for an eSigned Product Evaluation

A standard eSignature flow shortens timelines and creates an auditable record of execution and delivery.

  • Upload Document: Sender uploads the agreed template with product and term fields prefilled.
  • Assign Signers: Place signature and role fields and specify signer order if sequential signing is required.
  • Authenticate Signer: Signers confirm identity via email link, SMS code, or stronger verification when needed.
  • Complete and Store: System captures the signed PDF and audit trail and routes copies to each party.

Digital Sharing: Platforms and File Formats to Use

Choose a platform that supports PDF and DOCX, provides an audit trail, and meets your compliance needs.

  • Supported Formats: PDF, DOCX, and editable templates for controlled reuse.
  • Key Integrations: Connect with Salesforce, NetSuite, or Microsoft 365 for automated routing.
  • Authentication: Email link, SMS, KBA, or SSO depending on risk tolerance.

Ensure the platform can export ISO-compatible signed PDFs, retain audit logs, and meet any industry-specific compliance (for example, HIPAA or 21 CFR Part 11) required for your tests.

Common Deadlines to Include and Monitor

Specify clear dates and countdowns to prevent disputes; tie shipping and return obligations to calendar deadlines.

Evaluation Start Date:

Date the recipient may begin testing; usually tied to delivery confirmation.

Evaluation End Date:

The deadline to finish testing and start the return window or acceptance process.

Return Deadline:

Number of days after end date to return product, e.g., 7–14 days.

Damage Notice Period:

Days allowed to report damage following receipt, commonly 5–10 days.

Final Acceptance:

Timeframe for acceptance testing and written sign-off, often 15–30 days.

How signNow Compares on Price and Key Features

Price and feature comparisons help determine which eSignature provider matches your compliance and volume needs; signNow is listed first for clarity.

signNow DocuSign Adobe Sign PandaDoc HelloSign
Starting Price $8 per user per month, annual billing $15 per user per month, annual billing $14 per user per month, annual billing $19 per user per month, annual billing $15 per user per month, annual billing
Free Trial 7-day free trial, no credit card required No free trial included No free trial included No free trial included No free trial included
Bulk Send Available (Business Premium) Available on select plans Available on select plans Available on select plans Not available on base plans
Audit Trail Comprehensive audit trail and certificates Comprehensive audit trail and certificates Comprehensive audit trail and certificates Audit trail provided Audit trail provided
HIPAA Compliant Yes (BAA available) Yes (BAA available) Yes (BAA available) No No

Security and Compliance Capabilities to Verify

Encryption in Transit: TLS 1.2 / 1.3
Encryption at Rest: AES-256
Regulatory Standards: SOC 2 Type II and ISO 27001 certified
Privacy Frameworks: GDPR and CCPA compliance
Healthcare Compliance: HIPAA-compliant with BAA available
FDA and Audit: 21 CFR Part 11 compatibility available

Key Risks and Consequences of Inaccurate Agreements

Contract Dispute: Ambiguous terms can lead to costly litigation.
Loss of IP: Insufficient IP safeguards can permit unauthorized use.
Financial Liability: Unclear damage allocation exposes the lender to claims.
Regulatory Breach: Improper data handling may violate HIPAA or state law.
Return Failures: Late or missing returns can trigger replacement fees.
Invalid Signatures: Missing authority or improper execution may void the agreement.

Common Preparation Mistakes to Avoid

  • Using vague acceptance criteria that leave testers unclear on pass/fail conditions and create post-evaluation disputes over performance.
  • Failing to identify product serial numbers or accessories, which complicates returns and warranty assessments and may lead to replacement charges.
  • Omitting insurance or indemnity provisions for on-site testing that exposes suppliers to third-party claims or accidental damage costs.
  • Neglecting to add data handling language when tests involve personal data or protected health information, risking HIPAA or privacy violations.

Real-World Examples of Evaluation Agreements in Use

Two customer examples show practical uses of evaluation agreements across small and enterprise environments.

Optica Ventures

Brian Fitzgibbons used a standard evaluation workflow to speed customer tests and returns.

  • The interface simplified execution for internal teams.
  • By standardizing the agreement and routing, Optica reduced signature friction and clarified return logistics while maintaining an auditable record for future procurement decisions.

Tech Data

Bob Dutkowsky incorporated digital execution into complex distribution channels.

  • It improved internal and external processing.
  • Tech Data reports faster turnaround and clearer liability allocation by using a repeatable template aligned with its fulfillment and logistics partners.

Frequently Asked Questions and Practical Answers

Common user questions about validity, eSigning, and disputes for Product Evaluation Agreements are addressed below with concise, practical answers.


Need help? Contact support

be ready to get more
Join over 28 million airSlate SignNow users
Sign Now
Company
Forms
Pricing
Resources
Knowledge base
Other Products
© 2026 airSlate Inc. All rights reserved.