Rental terms and conditions
The following Terms and Conditions apply to transactions between you (the Customer) and ResMed Corp. (ResMed) as noted on the reverse side of each ResMed invoice. These terms are subject to change without notice.
Terms of rent
- Location and Maintenance of Rental System
- System Specification and Installation
- No Resale
- Term. This agreement (“Agreement") governs the terms of your participation in ResMed’s Sleep & Ventilation Program(“RSVP”) for the rental systems ("Rental Systems") described on the RSVP Equipment Rental Form. This Agreement will remain in effect for three (3) years from the date of delivery of the Rental Systems ("Term"). At the expiration of the Term, you may keep the equipment at no additional charge with no manufacturer’s warranty. No further action will be required on your part. Title to the equipment will pass automatically.
- Rent. Rent payments are due as invoiced in arrears on a quarterly basis ("Quarterly Rent Payments"). Quarterly Rent Payments that are not paid by the due date will bear interest at the lower of 1.5% per month or as permitted by law until paid. Your obligation to pay the Quarterly Rent Payment is absolute and unconditional. You are responsible for all license fees, registration fees, assessments, and taxes (collectively "Taxes"), which may be imposed upon the rental, possession, or use of the Rental Systems. Legal title to the Rental Systems remains in ResMed's name until title passes as provided above. You will not grant any lien, security interest, claim, or encumbrance of any kind on the Rental Systems. Each party will comply with all laws, rules, regulations, or orders of all state, provincial, federal and local governments, and government agencies applicable to the use, operation, maintenance, or storage of the Rental Systems. ResMed will not provide any medical advice to you or your patients and will exercise no control over the use of the Rental Systems, or the facility or space in which the Rental Systems are located. ResMed personnel will not be permitted access to or review of any private health information from the Rental Systems unless separately authorized in writing by ResMed.
- Location and Maintenance of Rental System. Except with respect to the rental of ApneaLink Air™, which is designed for use by patients for in-home sleep testing, you agree not to relocate, sell, transfer, encumber, sublet, or part with possession of the Rental Systems. Maintenance of your Rental Systems is described in the applicable Clinical Guide that accompanies delivery of the Rental Systems and is provided free of charge during the Term. If you need assistance with maintenance, please contact Technical Services at: 1-800-424-0737 (Option 6) or TechSupportUSA@resmed.com. You agree to only use accessories and other supplies supplied or approved by ResMed for use with the Rental Systems. If a Rental System fails during normal use during the Term, it will be replaced free of charge by ResMed.
- Warranty. ResMed provides a three (3) year warranty on the Rental Systems and free maintenance during the Term. ResMed makes no other express or implied warranties or representations as to the merchantability, fitness, design, condition, quality, capacity, material, equipment, or workmanship in or of the Rental Systems. No additional warranty applies.
- System Specification and Installation. You agree that your computer and electrical systems meet all specifications that may be communicated by ResMed or its agents prior to scheduled installation of any Rental System. To the extent you request ResMed or its agents to configure your systems to meet such specifications, you agree that: (a) additional fees may apply; (b) you have full permission to authorize such configuration; and (c) you will indemnify, defend and hold harmless ResMed, its employees or agents, from any and all claims or losses relating to the configuration, including claims of infringement, property damage, personal injury, system performance, or data loss.
- No Resale. Rental Systems provided pursuant to this Agreement shall not be resold during the Term. All sales to third parties are strictly prohibited. If you choose to resell the Rental Systems in violation of this Agreement, you do so at your own risk, and we will cancel your participation in the rental program immediately and accelerate all sums due.
- Non-Exclusive. Notwithstanding an other provision of this Agreement, the parties agree that all rentals by ResMed are non-exclusive and that you are not prohibited from renting competitng products from other companies.
- Termination. Either party may terminate this Agreement immediately upon written notice delivered to the other in writing. Upon the early termination of this Agreement, and after obtaining a RMA number from email@example.com or 1-800-424-0737, you agree to immediately return the Rental Systems to ResMed in good condition, normal wear and tear excepted, free and clear of any lien, security interest, or claim of any kind. Rental Systems not immediately returned will continue to be charged the Quarterly Rent Payments, or a portion thereof, until received by ResMed.
- Discount. In some circumstances, discounts, credits, rebates or other product incentives that are paid or applied by ResMed on the Rental Systems can constitute a "discount or other reduction in price" pursuant to the Medicare/Medicaid Anti-Kickback Statute set forth in 42 U.S.C. § 1320a07b(b)(3)(A) and the discount safe harbor provisions set forth in 42 C.F.R. § 1001.952(h). Customer must fully and accurately report to federal and state health care programs all price reductions obtained through any promotion, rebate, or other concession in accordance with the discount safe harbor rules at 42 CFR 1001.952(h). Upon request from Medicare or any Medicaid program, Customer must provide full and accurate information about price reductions, regardless of the level or form of discounting.
- Miscellaneous. In the event of any dispute related to or arising out of this Agreement, the parties will meet to attempt to resolve the dispute in good faith. If the dispute is not resolved, then the dispute will be submitted to arbitration in accordance with the Expedited Procedures of the AAA Commercial Arbitration Rules (available at www.adr.org). The arbitration award will be final and binding upon the parties without appeal or review. You may not assign any interest or obligation under this Agreement without ResMed's prior written consent. This Agreement constitutes the entire understanding and agreement of the parties regarding its subject matter and supersedes any prior oral or written agreements, representations, understandings, or discussions between the parties on the subject matter. Notwithstanding the foregoing, your continued use of the Rental Systems constitutes your acceptance to any future modifications to this Agreement as updated on our website. All notices or communications will be given in writing to you or to: ResMed Corp., at firstname.lastname@example.org.