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Copyright © 2019 Redicare LLC

96 N Harrison Avenue
Congers, New York 10920

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TERMS AND CONDITIONS – REDICARE LLC

  1. REDICARE’S ACCEPTANCE OF ANY ORDER IS EXPRESSLY CONDITIONED UPON CUSTOMER’S ACCEPTANCE OF ALL TERMS AND CONDITIONS CONTAINED HEREIN. The terms and conditions contained herein constitute a binding Agreement between Redicare and Customer concerning the equipment leased and goods sold hereunder. Neither party shall claim any amendment, modification, waiver or release from any of the provisions herein unless the same is in writing and signed by both Customer and Redicare.

  2. All goods, equipment, materials or other items listed in this document (“items”) shall remain the property of Redicare.    Delivery dates are not guaranteed and Redicare has no liability for damages that may result due to any delay in shipment.  Applicable taxes are excluded unless otherwise stated.

  3. Payment terms are cash on delivery unless credit terms are established in Redicare’s sole discretion.  Customer agrees to pay all invoiced amounts within thirty (30) days of the date of the invoice and shall pay Redicare’s cost of collection of overdue invoices, including reasonable attorneys’ fees and interest of 1.5% per month or the greatest amount allowable at law.  In addition, in the event that the Customer is late with its payment on three (3) occasions, Redicare may cancel the agreement and retrieve its equipment.  In such case, Customer shall be responsible for all costs and fees incurred by Redicare, including reasonable attorneys’ fees, in the retrieval of its equipment.

  4. All claims relating to quantity or errors in delivery shall be waived by Customer unless made in writing to Redicare within five (5) days after delivery. Either party may cancel this agreement, upon thirty (30) days’ notice, by sending the other party written notice of termination.  Customer shall be obligated to pay for the portion of the order that was delivered to Customer or that in process at the time of cancellation.  Once a rental period commences, any lost, stolen or damaged property is the responsibility of the Customer.  Redicare reserves the right to charge a removal fee of $150.00 if the Agreement between the parties is canceled in less than four (4) months.

  5. The location of any equipment leased by Redicare may not be changed without the express written permission of the Redicare. Temporary cessation of service due to premise closure (seasonal or otherwise) is permitted by Redicare if notice is received in writing at least 30 days prior. Written notice should indicate the anticipated length of the closure.

  6. At the time of delivery, the equipment will exceed the ANSI/ISEA Z308-2015 standard referred to by OSHA. THIS REPRESENTATION SHALL BE REDICARE’S SOLE WARRANTY.  THIS WARRANTY IS EXCLUSIVE AND IN LIEU OF ANY OTHER WARRANTIES, EITHER EXPRESSED OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT, AND ALL WARRANTIES ARISING FROM COURSE OF DEALING, USAGE OR TRADE PRACTICE.  EXCEPT FOR THE EXPRESS WARRANTY SET FORTH IN THIS SECTION, ALL SERVICES, MATERIALS AND EQUIPMENT ARE PROVIDED “AS IS”.  ALL THIRD PARTY MATERIALS ARE PROVIDED “AS IS” AND ANY REPRESENTATION OR WARRANTY OF OR CONCERNING ANY THIRD PARTY MATERIALS IS STRICTLY BETWEEN CUSTOMER AND THE THIRD PARTY OWNER OR DISTRIBUTOR OF THE THIRD PARTY MATERIALS.

  7. TO THE MAXIMUM EXTENT PERMITTED BY LAW, CUSTOMER’S SOLE RECOURSE AGAINST REDICARE IS LIMITED TO THE PROVISIONS IN SECTION 6 ABOVE AND IN NO EVENT SHALL REDICARE BE RESPONSIBLE OR LIABLE TO CUSTOMER (OR CLAIMS OF ANY THIRD PARTY AGAINST REDICARE) FOR SPECIAL, INDIRECT, COLLATERAL, PUNITIVE OR EXEMPLARY, INCIDENTAL OR CONSEQUENTIAL DAMAGES, EVEN IF REDICARE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.  TO THE FULLEST EXTENT PERMITTED BY LAW, SUCH EXCLUDED DAMAGES INCLUDE, BUT ARE NOT LIMITED TO, LOSS OF GOODWILL, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF USE, INTERRUPTION OF BUSINESS OPPORTUNITY, OR OTHER DAMAGES RESULTING FROM ANY DELAY, ACT, ERROR OR OMISSION OF REDICARE HOWEVER CAUSED INCLUDING NEGLIGENCE, GROSS NEGLIGENCE, AND STRICT LIABILITY.

  8. It is the responsibility of the Customer to comply with all federal, state or local requirements concerning compliance.  Customer agrees that it will indemnify and hold Redicare harmless for and against any claims, demands, lawsuits, damages, liabilities, costs and expenses (including attorneys’ fees) incurred by reason of any injury to or death of any person or damage to any property, resulting from or arising out of any act, error, omission, negligence or misconduct by Customer in connection with the goods or equipment leased hereunder.

  9. Redicare shall have no liability to Customer for delay or failure to perform due to any cause beyond its reasonable control.

  10. Reasonable usage is deemed to be industry standard usage.  If Customer’s usage is greater than the industry standard, the Customer may be required to make additional payments or renegotiate its agreement with Redicare.

  11. This document and the terms and conditions hereof shall be governed by and construed in accordance with the laws of the State of New York and any litigation related to it shall be brought in the Supreme Court of the State of New York for the County of Rockland.