Travel Oxygen Rental Agreement

Transcription

1 Travel Oxygen Rental Agreement Agreement to Rent: Oxus, Inc. ( Oxus Travel Program ) agrees to rent to the Customer ( Customer is defined as the user of the Equipment (defined below)) and the Customer agrees to rent from Oxus Travel Program during the Term (defined below) of this Agreement, the Equipment. The Customer agrees to use the Equipment in accordance with a current physician prescription. Term: The Term (the Term ) of this Agreement begins when the Customer orders the Equipment at the shipping address OR the Rental Effective Date, whichever is later, and ends when Customer ships the Equipment back to Oxus and it is received by Oxus. The return of the Equipment is the responsibility of the Customer. Oxus Travel Program reserves the right to ship the Equipment to the Customer at any point before the Rental Effective Date once this rental agreement is signed and submitted to Oxus and payment in full is made. Cancellation Policy: If Customer cancels this Agreement after the Equipment is shipped to the Customer, the Customer is responsible for full payment of all amounts owed under this Agreement. If Customer cancels this Agreement before the Equipment is shipped, all charges will be refunded. Services: Oxus Travel Program agrees to provide the following equipment and services to the Customer in accordance with the terms and conditions of this Agreement (collectively, the Services ): 1. Weekly limited rental of a Portable Oxygen Concentrator ( POC ), rechargeable batteries (two (2) batteries included in standard package, pull cart, AC power supply, DC power supply and power cord (collectively, the Equipment ). 2. Detailed instructions on how to operate the Equipment information / tips on traveling with a POC. 3. Shipment of the Equipment to the Customer prior to the Customer s departure date. 4. Provide a Return Shipping Label and custom box for the Customer to return the Equipment to Oxus Travel Program hour technical support in case of Equipment malfunction. 6. In a case of Equipment malfunction that cannot be resolved from troubleshooting, shipment of a replacement for the malfunctioning piece of Equipment to the Customer at no charge. Pricing: Pricing for the above Services provided by Oxus Travel Program will be the pricing in effect for such Services at the time this Agreement is entered into. FM Rev 1 Page 1 of 6

2 Payment: The Customer agrees to pay all applicable weekly rental charges and any applicable additional charges in advance prior to shipment by credit card. The Customer will return the Equipment, on or before the Rental End Date and will be responsible for a daily rental rate based on the then current applicable rental rates for any time in excess of two (2) business days after the Rental End Date. Until Oxus receives returned Equipment, the Customer shall remain bound by the obligations of this Agreement. Test and/or Repair Charge: If returned Equipment appears broken due to misuse or abuse, you may be responsible for a minimum test and repair charge of $ for the inspection, testing and minor repairs required to return the Equipment to service, unless covered by terms of optional insurance, offered through Oxus Travel Program. This charge will be payable at the end of the Term of this Agreement by credit card charge. If the Equipment or part cannot be repaired and the insurance has not been obtained by the Customer, the Customer will be notified and will be responsible for the designated replacement cost of the Equipment or part by credit card charge. Insurance: The Customer may elect to obtain, for $40.00, insurance covering Equipment during the Term of this Agreement. Optional insurance coverage includes damage resulting from normal use and/or accidental damage not due to abuse or improper operation. Insurance excludes lost or stolen equipment. Lost or Stolen Equipment: If the Equipment or a part is missing, Oxus Travel Program will charge the Customer for the replacement cost for the missing item(s) by credit card charge. Equipment Inspection: The Customer shall be responsible for obtaining any license, permit or permission from any governmental or regulatory agency, which may be necessary for or imposed upon the operation of the Equipment. The Customer will exercise due care in and will permit only qualified personnel to use and operate the Equipment, and such use and operation shall be only according to written instructions provided by Oxus Travel Program. Customer will not use or operate the Equipment in any illegal manner or for any illegal purpose nor in violation of any law ordinance or regulation. The Customer will permit Oxus Travel Program to inspect the Equipment during the term of this agreement at any reasonable time. The Customer is subject to any guidelines, rules or regulations of the Federal Aviation Authority. FM Rev 1 Page 2 of 6

3 Limitation of Liability and Indemnity: In no event will Oxus Travel Program be liable to the Customer for any incident, damages or injury, direct, indirect or consequential, however caused, whether by negligence or otherwise relating to renting and using any Equipment. The Customer agrees to protect, indemnify and hold harmless Oxus Travel Program from and against all claims, damages and costs, including legal expenses, arising out of the Customer s use of any Equipment. Limited Warranty: Oxus Travel Program warrants that each item of Equipment will be suitable for normal operation and use at the time of delivery to the Customer. Customer will bear responsibility for all malfunctions and damage due to misuse and for loss of Equipment. Oxus Travel Program makes no other representation or warranty of any kind, express or implied, written or oral, as to any matters whatsoever and specifically disclaims any and all implied warranties of merchantability or fitness for any particular purpose. Maintenance/Equipment Malfunction: Oxus Travel Program will be the exclusive source to maintain the Equipment and will maintain the Equipment in operational condition. When requested by Customer, replacement Equipment may be shipped to the Customer s location in the case of Equipment malfunction and failure. Such replacement Equipment will be provided without charge to Customer, after attempt to troubleshoot with Oxus Travel Program. The Customer shall not open the Equipment electronics or enclosure housing, or alter or repair or permit the alteration or repair of Equipment, other than by Oxus Travel Program. Default: If the Customer fails to perform any obligation when due under this Agreement, or otherwise defaults, Oxus Travel Program has the right to terminate this Agreement forthwith by notice to the Customer. Upon such termination, Oxus Travel Program has the right, at its option, to take possession of and remove the Equipment from service immediately. If the Equipment is not immediately recoverable, the Customer will be responsible for the total cost of up to $2, by credit card charge. Assignment: The Customer shall not assign this Agreement and/or the rights and obligations created hereunder. This Agreement and Oxus Travel Program s rights and obligations hereunder may be assigned by Oxus Travel Program without the consent of the Customer. Billing Terms: Oxus Travel Program will charge the Customer for the weekly rental of the Equipment and cost of shipping as required and for the applicable extra charges for the expected rental period in advance by credit card charge to confirm your reservation. Extra charges may include additional batteries, insurance or special shipping and the Customer s credit card will be charged immediately to reserve the Customer s rental and ensure that the Equipment is shipped prior to the Customer s departure. Oxus Travel Program does not bill any insurers, including Medicare and Medicaid. FM Rev 1 Page 3 of 6

4 Miscellaneous: 1. Except as provided herein, this Agreement shall not confer any rights or remedies upon any person other than the parties and their respective successors and permitted assigns. 2. This Agreement (including the documents, schedules and exhibits referred to herein) constitutes the entire agreement between the parties and supersedes any prior understandings, agreements, or representations by or between the parties, written or oral to the extent they related in any way to the subject matter hereof. 3. This Agreement and all agreements contemplated hereunder shall be binding upon and inure to the benefit of the parties named herein and their respective successors and permitted assigns. 4. This Agreement may be executed in counterparts, each of which shall be an original, with the same effect as if the signatures thereto and hereto were upon the same instrument of this Agreement. This Agreement, to the extent delivered by means of a facsimile machine or electronic mail pdf shall be treated in all manner and respects as an original signed version hereof. 5. This Agreement shall be governed by and construed in accordance with the domestic laws of, and enforced in, the State of Michigan. The parties agree that exclusive jurisdiction and venue in any action brought by any party pursuant to this Agreement shall properly lie in any federal or state court having jurisdiction in Oakland County, Michigan. By execution and delivery of this Agreement each party irrevocably submits to the exclusive jurisdiction of such courts for itself and in respect of its property with respect to such action. 6. No amendment of any provision of this Agreement shall be valid unless the same shall be in writing and signed by all parties. No waiver by any party of any default, misrepresentation, or breach of warranty or covenant hereunder, whether intentional or not, shall be deemed to extend to any prior or subsequent default, misrepresentation, or breach of warranty or covenant hereunder or affect in any way any rights arising by virtue of any such prior or subsequent occurrence. 7. The provisions of this Agreement are intended to be interpreted in a manner in which makes them valid, legal and enforceable. In the event any, provision of this Agreement is found to be partially or wholly invalid, illegal or unenforceable, such provision shall be modified or restricted to the extent and in the manner necessary to render it valid, legal, and enforceable. It is expressly understood and agreed between the parties that such modification or restriction may be accomplished by mutual accord between the parties or, alternatively, by disposition of a court of law. If such provision cannot under any circumstances be so modified or restricted, it shall be excised from this Agreement without affecting the validity, legality or enforceability of any of the remaining provisions. FM Rev 1 Page 4 of 6

5 Travel Oxygen Rental Agreement Rental Effective Date: Rental End Date: We cannot ship your order until we receive the signed rental agreement and payment in full by credit card charge. By signing here you understand and agree to all terms of this Agreement: Customer s Signature: Date: Customer s Name Printed: FOR OXUS USE ONLY Oxus Travel Program Oxus, Inc. By: Its: Dated: FM Rev 1 Page 5 of 6