The following Terms and Conditions apply to the use of this Web site as well as all transactions conducted through the site.

  • Use Of Site

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    Aqueduct Medical Rental Terms and Conditions

    Rental Period: Lessee understands the rental period begins on the day of surgery indicated in this rental agreement and ends on the day during which the equipment pick up is arranged with the courier, or on the day the equipment is dropped off with the courier. Lessee is responsible for arranging equipment pick up time and location.

    Additional Rental Days: Lessee understands that the package includes the selected Masque and the selected number of Device rental days, and that each additional rental day is billed automatically at the agreed daily rate when the device is returned..

    Cancellation Policy: Orders cancelled for any reason after equipment has been shipped will be charged fifty dollars ($50), plus any non-Standard shipping costs.

    Damaged Equipment: Lessee agrees to return all Aqueduct Medical Rental Equipment to Lessor undamaged excepting reasonable wear and tear. If equipment is returned in a damaged, tampered or excessively worn condition, Lessee shall pay Aqueduct Medical the cost of repair as determined by Aqueduct Medical, not to exceed the retail value of the equipment.

     

    Aqueduct Medical Standard Terms and Conditions

    1. UNIVERSAL TERMS AND CONDITIONS. These are universal terms and conditions intended to apply to whatever use this form may be put, except to the extent they are inconsistent with the printed and written materials on the reverse side of this form. In these terms and conditions the word "equipment" shall mean Aqueduct Medical Recovery products, AqueCool Recovery Unit, AqueShield Mask, therapeutic temperature control devices and other accessory equipment, property, materials, supplies, etc., as the context may require.

    2. RENTAL TERMS. Aqueduct Medical hereby rents the Equipment to Lessee for the period commencing on the surgery date indicated on the reverse side of this form and ending upon its pick up from or drop off to an authorized shipping company, subject to charge for the applicable rental period. Unless otherwise specified, rental is for a minimum period specified in the Rental Agreement. For all purposes under this Agreement, title to the Equipment, if any, shall at all times remain in Aqueduct Medical. Lessee shall pay Aqueduct Medical the rental amount as determined by the schedule of rental fees provided by Aqueduct Medical. No allowance will be made for Sundays, holidays, delays due to strike, time in transit, or for any period of time the Equipment may not be in actual use while in Lessee's possession. Rental fees shall become due and payable as provided in the Rental Agreement. Rental rates are for normal and reasonable use of Equipment.

    3. INTEREST. If any amount due under the terms of this Agreement is not paid when due, the Lessee shall be in default and an interest charge shall be imposed in an amount equal to one and one-half percent (1.5%) per calendar month on the unpaid balance from the date payment was due until paid. If at any time the interest rate provided for herein is adjudged or otherwise determined to exceed the maximum interest rate permitted by applicable law, for such time as the rate is deemed excessive, its application shall be suspended and there shall be charged instead, the maximum rate permitted by law.

    4. DISCLAIMER OF WARRANTIES; INSPECTION OF EQUIPMENT. AQUEDUCT MEDICAL MAKES NO WARRANTIES, EXPRESS OR IMPLIED, SPECIFICALLY INCLUDING THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR ANY PARTICULAR USE OR PURPOSE, AND NON-INTERFERENCE. Prior to execution of this Agreement, Lessee has examined the Equipment as fully as desired, or had the opportunity to make such examination and refused to do so, or examined Aqueduct Medical's brochure(s), description and technical specifications and is satisfied therewith and waives the examination of the Equipment, and acknowledges that the Equipment conforms to the description set forth on the reverse hereof. Lessee acknowledges that Aqueduct Medical has made no promises, representations, warranties, or assurances to Lessee that are not specifically set forth herein, as inducements to enter into this Agreement.

    5. RECEIPT, USE, MAINTENANCE, AND FAILURE OF EQUIPMENT. By accepting delivery, Lessee acknowledges that it has received the Equipment and all devices and materials used to connect the Equipment in good working order. Lessee shall not abuse, harm or improperly operate the Equipment, and shall possess and operate it in conformance with all applicable laws and regulations, and in accordance with the manufacturer's specifications and recommendations. In the event of any failure of the Equipment, of any nature whatsoever, Lessee shall immediately notify Aqueduct Medical. Without Aqueduct Medical's written authorization, Lessee shall not incur any expense for Aqueduct Medical's account for the repair or shipping of failed Equipment.

    6. RETURN OF EQUIPMENT. Upon expiration of the rental period or upon termination of this Agreement, Lessee shall accommodate the return of all of the Equipment to Aqueduct Medical's premises in the condition and repair as when delivered to Lessee, subject only to reasonable wear and tear. Lessee shall be liable for all damages and/or loss of the Equipment.

    7. DAMAGED EQUIPMENT; REASONABLE WEAR AND TEAR. If the Equipment is returned in a damaged or excessively worn condition, Lessee shall pay Aqueduct Medical the reasonable cost of repair. Reasonable wear and tear shall mean only the normal deterioration of the Equipment caused by an ordinary and reasonable use basis. The following shall not be deemed reasonable wear and tear: damage resulting from any overturning or improper use or operation of the Equipment including overloading or exceeding the capacity of the Equipment; damage from dropping and staining of the Equipment or any part thereof, and wear resulting from excess use.

    8. LIABILITY FOR DAMAGES TO PERSONS AND PROPERTY; INDEMNIFICATION. Aqueduct Medical shall not be responsible for any loss, damage or injury to persons and/or entities including, but not limited to, Lessee, Lessee's customers, guests or invitees, Lessee's employees, or Lessee's property, including incidental, special or consequential damages, in any way connected with the operation of, use of, defect in, failure of the Equipment, or maternal complications including, but not limited to, infant injury, mortality or morbidity, or injury to any individual(s) using the Equipment. Aqueduct Medical and Lessee acknowledge that no third party is intended to be a beneficiary under this Agreement. LESSEE SHALL INDEMNIFY, DEFEND AND HOLD AQUEDUCT MEDICAL HARMLESS FROM AND AGAINST ANY CLAIMS OF THIRD PARTIES FOR LOSS, INJURY OR DAMAGE TO THEIR PERSON AND PROPERTY ARISING OUT OF LESSEE'S POSSESSION, USE, MAINTENANCE, OR RETURN OF THE EQUIPMENT, INCLUDING LEGAL COSTS INCURRED IN DEFENSE OF SUCH CLAIMS. LESSEE SHALL FURNISH AQUEDUCT MEDICAL WITH A COMPLETE REPORT OF ANY ACCIDENT INVOLVING THE EQUIPMENT, INCLUDING NAMES AND ADDRESSES OF ALL PERSONS AND WITNESSES INVOLVED.

    The terms and conditions of the Lessee's indemnification obligation shall extend to any claims made by Lessee's employees, and Lessee hereby waives any immunity provided for under state workers' compensation laws. It is agreed that the indemnity provisions set forth herein shall be interpreted to provide the broadest indemnity permitted by law; provided, however, it shall not be interpreted to indemnify Aqueduct Medical against its sole negligence. In the event Aqueduct Medical is adjudged partially at fault for any loss to which the Lessee's indemnity obligation applies, the indemnification shall be enforced only to the extent of the Lessee's negligence, it being the intent that Lessee's indemnification be limited by Aqueduct Medical's fault, if any.

    9. MEDIATION. Any claim or dispute relating to this agreement, or any other matters, disputes, or claims between Lessor and Aqueduct Medical, shall be subject to non-binding mediation if agreed to by both parties within 30 days of either party making a request to the other by letter. Any such mediation shall be conducted in San Francisco according to the mediation rules of the American Arbitration Association.

    10. ARBITRATION. All claims and disputes between Lessor and Aqueduct Medical, not barred by applicable statues of limitations or otherwise barred by law, resulting from or arising out of the design, manufacture, warranty, or repair of Aqueduct Medical products and services, and all clauses herein contained, their breadth and scope, and any term of any agreement contemporaneously entered into by the parties concerning any goods or services manufactured or provided by Aqueduct Medical; the condition of the products and services; the representations, promises, undertakings, warranties or covenants made by Aqueduct Medical; or otherwise dealing with the products and services; will be submitted to binding arbitration provided by the American Arbitration Association. In the event a court having jurisdiction finds any portion of this arbitration agreement unenforceable, that portion shall not be effective and the remainder of the agreement shall remain effective.

    11. CONSEQUENTIAL DAMAGES. AQUEDUCT MEDICAL SHALL NOT LIABLE FOR ANY INCIDENTAL OR CONSEQUENTIAL DAMAGES UNDER ANY CIRCUMSTANCES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, ANY FAILURE OF AQUEDUCT MEDICAL TO COMPLY WITH THE PROVISIONS OF THIS AGREEMENT.

    12. COMPLIANCE WITH LAW AND SAFETY REGULATIONS. As Aqueduct Medical has no control over the use of the Equipment by Lessee, Lessee agrees, at its sole expense, to comply with the most current version of all CODES OF SAFE PRACTICES, all laws and regulations, including the Occupational Safety and Health Administration Act of 1970 (OSHA) and all other federal, state and local laws, regulations and ordinances, which may affect the Equipment while it is in the possession of Lessee. Lessee shall indemnify and hold Aqueduct Medical harmless from any liability or expense, including attorney's fees, resulting from any actual asserted violations of such laws, regulations and ordinances. The indemnity of Lessee provided for under this Section 13 shall incorporate all indemnity provisions of Section 9 hereof.

    13. OTHER. Should either party employ an attorney to institute suit of action or appear in any proceeding to enforce any of the provisions of this Agreement or to protect its interest in any matter arising under this Agreement, the prevailing party shall be entitled to recover reasonable attorney's fees, costs, charges, and expenses expended or incurred therein at the hearing, trial, on appeal, or otherwise; except that if Aqueduct Medical engages an attorney to collect monies due under this Agreement, the attorney's fee award shall not be computed in accordance with any court schedule, but shall be such as to fully reimburse all attorney's fees actually incurred in good faith, regardless of the size of the judgment, it being the intention of the parties to fully compensate for any such attorney's fees paid or incurred in good faith. In addition, Aqueduct Medical shall be entitled to reimbursement for all collection charges incurred if it refers a past-due account to a collection agency for collection. This Agreement shall be governed and construed in accordance with the laws of the State of California.

    This Agreement sets forth the entire understanding of the parties with regard to the subject matter hereof, and supersedes any and all prior understandings and agreements, whether written or oral, between the parties with respect to said subject matter. This Agreement may be amended, modified or rescinded only by a written instrument signed by both parties, and shall not be modified or altered by any course of performance by either Aqueduct Medical or Lessee, or by usage of the trade.