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TERMS AND CONDITIONS – REDICARE LLC

  1. REDICARE’S ACCEPTANCE OF THIS 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 leased or rented goods, equipment, materials, or other items listed in this document (“items”) shall remain the property of Redicare, and all sold goods remain the property of Redicare until the invoice is paid in full. Applicable taxes are excluded unless otherwise stated.

  3. Payment terms are cash on delivery unless credit terms are established at Redicare’s sole discretion. Customer agrees to pay all invoiced amounts within ten (10) 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 a 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. Once delivered, any lost, stolen, or damaged property is the responsibility of the Customer. Delivery dates are not guaranteed and Redicare has no liability for damages that may result due to any delay in shipment.

  5. The term of this agreement is two (2) years from the date of this document. This agreement will automatically renew at the end of each term for a further term of two (2) years unless either party gives the other written notice of termination at least thirty (30) days prior to the end of the relevant term. Additional rental items may be added at any time for the same contract price per unit, if applicable, or current market price. Price changes, if any, will be notified in writing prior to the change. Either party may cancel this agreement for any reason, 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 agreement that was delivered to Customer or that is in process at the time of cancellation. Redicare reserves the right to charge a removal fee of $150.00 per rental unit if the Agreement between the parties is terminated after seven (7) days from the start of the agreement. Seven (7) days are accepted to be a sufficient no-risk trial period during which there is no penalty for cancellation of this agreement. Training classes changed/canceled within 2 business days may be billed up to the full amount and/or travel.

  6. The location of any equipment leased by Redicare may not be changed without the express written permission of Redicare. Temporary cessation of service due to premise closure (seasonal or otherwise) is permitted by Redicare if notice is received in writing at least ten (10) days prior. Written notice should indicate the anticipated length of the closure. Additional or off-schedule service calls may be requested but may incur service charges. Customer may be billed for equipment lease if Redicare comes to site to service it and makes reasonable attempt to access items but is barred from access; blocked access includes, but is not limited to, locked gates, locked doors, animals, persons, or emergencies blocking passage. Customer is responsible for reasonable shipping costs for items requested off-service.

  7. At the time of delivery, the equipment will exceed the ANSI/ISEA Z308.1-2021 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 THE 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.

  8. TO THE MAXIMUM EXTENT PERMITTED BY LAW, CUSTOMER’S SOLE RECOURSE AGAINST REDICARE IS LIMITED TO THE PROVISIONS IN SECTION 7 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.

  9. 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, but not limited to, any act, error, omission, negligence or misconduct by Customer, or their Contractors, Visitors, or Customers, in connection with the goods or equipment leased or sold hereunder.

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

  11. 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.

  12. 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 to the Supreme Court of the State of New York for the County of Rockland. If any provision of this Agreement is held illegal or unenforceable, such provision shall be severed and shall be inoperative, and the remainder of this Agreement shall remain operative and binding on the Parties.

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