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GERI KARE Standard Terms and Conditions
GERI KARE Medical Equipment Ltd.
Product, DELIVERY & INSTALLATION TERMS & CONDITIONS
GENERAL: These terms and conditions (the “Terms”) shall govern the provisions of goods and services set out in the delivery order or work order (the “Order”) to which these Terms are attached. As used in these Terms, “you” or the “Customer” means the customer named on the Order, and “GERI KARE” means Geri Kare Medical Equipment Ltd. and its affiliates, shareholders, directors, officers, agents, and other representatives.
AUTHORIZATION: The Customer hereby authorizes GERI KARE to arrange for and complete the delivery, installation, and adjustment of the product(s) specified in the Order (the “Product” or “Products”).
PAYMENT, TITLE: In the event, a third-party purchaser fails to make payment to GERI KARE for any reason, the Customer is fully responsible for all charges relating to the Product(s) and work described in the Order. The Customer acknowledges that ownership and title of the Product(s), together with all risks of loss or damage, shall pass to the Customer at the time of the purchase, notwithstanding that the Product(s) may be delivered on a later date.
DELIVERY: The Product(s) will be delivered to the Customer on or before the estimated delivery date specified in the Order (the “Delivery Date”). GERI KARE shall use commercially reasonable efforts to meet the Delivery Date and will make commercially reasonable efforts to notify the Customer of any anticipated delays. The Customer acknowledges that the Delivery Date is approximate and is subject to change and that GERI KARE is not liable for any failure to meet the Delivery Date (with or without notices). Without limiting the foregoing, GERI KARE is not responsible for any delays related to the installation caused by the unavailability of materials, manufacturer delays, and delivery delays, Order changes requested by the Customer or required by applicable laws.
INSTALLATION: GERI KARE will provide installation, adjustment, delivery, and any other services to the Customer as described in the Order (the “Work”). The Work is limited to the description of the services set out in the Order. It does not include the removal, alteration, or installation of electrical, gas or plumbing fixtures or settings. All Work is subject to applicable laws, local codes, and ordinances. The Customer is responsible for obtaining any consents or permits required for GERI KARE to complete the Work and to install the Product(s).
ACCESS: By accepting delivery of the Product, the Customer shall provide GERI KARE (including its vehicles and other equipment) unencumbered access to all areas necessary to complete the Work and to keep such areas free from obstruction, debris, or other risks of injury to GERI KARE personnel or damage to its vehicles and other equipment.
NO OTHER WARRANTY: The express warranties contained in the Order are exclusive and instead of all other express or implied warranties, conditions, representations, rights and remedies, guarantees, and promises, express or implied, statutory or otherwise. All express and implied warranties, conditions, representations, rights, and remedies, including, but not limited to, merchantability, and fitness for any particular purpose, are expressly waived by the Customer. Without limiting the above, the Customer confirms that it is the Customer’s responsibility, together with its health professionals, to establish the suitability of the Product(s) for the intended purpose.
INDEMNITY: The Customer and any third-party purchaser will indemnify, defend and hold GERI KARE harmless from all third-party demands, claims, actions, causes of action, proceedings, suits, assessments, losses, damages, liabilities, settlements, judgments, fines, penalties, interest, costs and expenses (including fees and disbursements of counsel) of every kind (each a “Claim,” and, collectively “Claims”) arising out of the use or possession of any Product(s) sold or installed by GERI KARE, providing that the Claim does not arise from defective installation of the Product(s) by GERI KARE. This indemnity includes any Claim or liability by a third party arising out of non-compliance with applicable laws and local codes and ordinances or any failure by the Customer to obtain any consents or permits required concerning the installation or Product(s) provided by GERI KARE.
LIMITATION OF LIABILITY: Except as set out in these Terms and the Order, GERI KARE is not liable for any economic or consequential damages; without limiting the foregoing, GERI KARE shall not be liable for lost profits, lost revenue or consequential, special or incidental damages arising from the supply of the Product(s) or the Works, whether from any breach of warranty as outlined in these Terms or otherwise, even if GERI KARE is advised of the possibility of such losses or damages. In no circumstances will GERI KARE’s liability exceed the amounts paid to GERI KARE for the Product(s), installation, or services provided by GERI KARE. GERI KARE is not responsible for the costs associated with procuring substitute products.
ENTIRE AGREEMENT: Together with the Order, these Terms constitute the entire agreement between the parties for the purchase of the Product(s), delivery, installation, adjustment, and any other services provided to the Customer by GERI KARE as described in the Order. These Terms supersede and replace all other prior written or oral representations, warranties, or agreement made by GERI KARE or its representatives to or with the Customer. No changes or modifications to these Terms are binding on either party unless made in writing, dated, and signed by GERI KARE and the Customer.
SEVERABILITY: Should any condition or portion of these Terms be deemed invalid or unenforceable, each provision shall be divisible, and the unenforceable portion will be inoperative, provided, however, the remaining provisions remain valid and binding.
NOTICE TO CUSTOMER: The Customer hereby declares that before signing the Order concerning these Terms, the Customer was given a copy and was granted sufficient time to become aware of the content and scope of these Terms.
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