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Consumer Terms of Use & Conditions of Sale

Consumer Terms of Use & Conditions of Sale

ALL SALES OF PRODUCTS BY PORTABLE OXYGEN SOLUTIONS LLC., TO CUSTOMER AND CUSTOMER’S USE THEREOF ARE EXPRESSLY CONDITIONED ON CUSTOMER’S ACCEPTANCE OF THE FOLLOWING TERMS AND CONDITIONS, AND ACCEPTANCE OF THE PRODUCT BY CUSTOMER IS AN ACCEPTANCE OF THE FOLLOWING TERMS AND CONDITIONS. “CUSTOMER” SHALL REFER TO THE PURCHASER OF PRODUCT DIRECTLY FROM PORTABLE OXYGEN SOLUTIONS.

1. Orders: Orders for products sold by Portable Oxygen Solutions to Customer (“Products”) may be placed with Portable Oxygen Solutions, via Portable Oxygen Solutions' website or with a Portable Oxygen Solutions  Representative at 800-958-0192. No orders shall be binding upon Portable Oxygen Solutions unless and until accepted by Portable Oxygen Solutions, under these terms and conditions, and Portable Oxygen Solutions shall have no liability to Customer with respect to orders that are not accepted. Orders for portable oxygen concentrator systems require a prescription.

2. Terms: Unless otherwise noted, Portable Oxygen Solutions accepts credit cards, PayPal, wire transfers, money orders, ACH transfers, and certified bank checks only and title to Products and risk of loss shall pass to Customer upon delivery of Products to the carrier at the point of shipment. Payment is due at time of order. If Portable Oxygen Solutions employs any legal process to recover any amount due and payable from Customer under the terms of these terms and conditions, Customer shall pay all costs of collection and reasonable attorney’s fees.

3. Inspection and Acceptance and Product Changes and Substitutions

3.1 Inspection and Acceptance: It is Customer’s responsibility to inspect all Products promptly upon receipt for damage attributable to the carrier and to make claim directly to the carrier for such damage. The furnishing by Portable Oxygen Solutions of a Product to Customer shall constitute acceptance of that Product unless written notice of shipping damage or quantity is received by Portable Oxygen Solutions within ten (10) business days of delivery to Customer’s designated address, unless otherwise expressly agreed to by Portable Oxygen Solutions.

4. Product Changes and Substitutions: All Manufacturers reserve the right (a) to make changes to Products without notice, and without any obligation to incorporate those changes in any Products previously delivered to Customer and (b) to ship to Customer the most current Product regardless of catalog description.

5. Returns; Repairs or Replacements Beyond Warranty

5.1 Returns: Product returns will not be accepted by Portable Oxygen Solutions unless written authorization has been obtained in advance in the form of a Return Material Authorization (“RMA”) number, and the items are received by Portable Oxygen Solutions in their original saleable condition. When returning Product, Customer is required to include a copy of the original invoice or packing slip to ensure prompt issuing of credits. The RMA number must be written on the documents enclosed and on the outside of the shipping box. All return shipments are to be paid by the Customer. Customer is granted a 30 day risk free trial period from date of invoice; subject to other conditions contained herein. During this period, Customer may return Product for full credit equal to the invoice price, less a $99 processing fee. Credit is not eligible for Product returned after 30 days from invoice date. Accessories are not eligible for a return for credit. This credit minus the processing fee will be paid once Portable Oxygen Solutions receives the Product back and the Product has been inspected to confirm all components are returned. If there are missing components, a partial credit may be given. This may take up to 10 business days after receipt of Product at Portable Oxygen Solutions site.

5.2 Repairs or Replacements Beyond Warranty: For Products returned for repair or replacement that are not covered under Product warranty, Customer shall contact Portable Oxygen Solutions for instructions and assistance. Products may only be returned by Customer to a designated repair site, when accompanied by an RMA number issued by Portable Oxygen Solutions. Freight expenses for Products returned by Customer will be paid by Customer. Customer shall pay for freight cost incurred for shipment back to Customer for Products repaired or replaced outside of warranty. 

6. Limited Warranty; Out of Box Product Failure; Other Product Failure; Exclusions;

6.1 Limited Warranty: All Product is warranted by the respective manufacturers to be free from defects in materials and workmanship under normal use and service and when correctly maintained for the time period set out in the warranty statement provided with the Product, which period shall begin on the Original Shipment Date. As used herein, “Original Shipment Date” means the original date of shipment of the Product by Portable Oxygen Solutions to Customer. The warranties hereunder are granted by the manufacturers only to the original Customer of the Products and are non-transferable. Customer’s original purchase receipt for the Products and proof of identity are required for the limited warranties hereunder to be effective. For the limited warranty set forth herein to be effective, Customer shall inspect each Product within two (2) days of delivery and before such Product is put to use. Customer agrees that the warranties provided by the manufacturers with respect to the Product are subject to use of the Product in accordance with the manufacturers instructions as provided and that failure to do so shall void the warranties. 

7. Limitations of Liability and Force Majeure

7.1 Limitation of Liability: Portable Oxygen Solutions shall not be liable for any commercial losses, loss of goodwill, inconvenience, or exemplary, special, incidental, indirect, consequential or punitive damages whatsoever, or claims of third parties, regardless of the form of any claim, whether in contract or tort, whether from breach of this agreement, or defective equipment, or loss of data or from any other use, even if Portable Oxygen Solutions has been advised or should be aware of the possibility of such damage. Portable Oxygen Solutions liability for loss or damages shall not exceed the purchase price paid by Customer for the particular Product giving rise to such liability.

7.2 Force Majeure: Portable Oxygen Solutions shall not be responsible for delays or failures in its performance resulting from Acts of God, war, riot, fire, explosion, accident, flood, sabotage, inability to obtain fuel, power, raw material or machinery, governmental laws, regulations, or labor trouble, strike, lockout or injunction, acts or omissions beyond Portable Oxygen Solutions control, including delays of suppliers or technical failure. If any such delay or failure occurs, Portable Oxygen Solutions may allocate Product among Portable Oxygen Solutions Customers at its sole discretion.

8. Indemnification

8.1 Indemnification: Customer shall defend, indemnify, and hold harmless Portable Oxygen Solutions from and against any liability, damage, loss, or expense (including reasonable attorneys’ fees and expenses of litigation) in connection with any claims, suits, or proceedings arising out of or relating to the use or other exploitation of the Products, unless proximately caused by the sole gross negligence or willful misconduct of Portable Oxygen Solutions.

9. Governing Law; Notices; Arbitration; Waiver; Assignment; and Entire Agreement and Amendments

9.1 Governing Law: The validity, interpretation, and performance of these terms and conditions shall be governed by and construed under the applicable laws of the State of North Carolina as if performed wholly within the state and without giving effect of the principles of conflict laws.

9.2 Notices: All notices, requests, claims, demands and other communications shall be in writing and shall be given (and shall be deemed to have been duly given upon receipt) by delivery in person, facsimile or by registered or certified mail (postage prepaid, return receipt requested) to the other party at, in the case of Customer, the Customer’s billing address on record and, in the case of Portable Oxygen Solutions, at 8000 Corporate Center Drive, Suite 113, Charlotte, NC 28226.

9.3 Arbitration: Except as provided otherwise herein, all disputes between the parties hereto shall be determined solely and exclusively by arbitration unless the parties otherwise agree in writing. The parties shall jointly select an arbitrator. In the event the parties fail to agree upon an arbitrator within ten (10) days, then Portable Oxygen Solutions shall select an arbitrator and Customer shall select an arbitrator and such arbitrators shall then select a third arbitrator to serve as the sole arbitrator. Judgment upon the award of the agreed upon arbitrator or the so chosen third arbitrator, as the case may be, shall be binding and shall be entered into by a court of competent jurisdiction.

9.4 Exception to Terms & Agreements: When Portable Oxygen Solutions has entered into a separate agreement with a customer the terms and agreements referenced within those agreements will supersede the language in this document when referencing to such items as shipping terms, finance arrangements, acceptance of product, notice of changes or substitutions, limited warranty specifications and out of box failure procedures, etc. 

9.5 Entire Agreement and Amendments: These terms and conditions shall constitute the entire agreement between the parties with respect to the subject matter hereof and supersedes any and all prior and contemporaneous representations, agreements, negotiations, advertisements, statements, or understandings, whether oral or written. No amendment to these terms and conditions shall be binding on Portable Oxygen Solutions unless such amendment is in writing and executed by an authorized representative of Portable Oxygen Solutions. Any document containing conflicting terms shall not take precedence over these terms and conditions, unless otherwise agreed to in writing by Portable Oxygen Solutions. Any breach hereunder may be waived only by a writing signed by the party against whom enforcement is sought.

 

Portable Oxygen Concentrators: Contraindications and General Precautions

*Portable Oxygen Solutions sells and services manufacturer brand name portable oxygen concentrators. As with any electrically powered device, the user may experience periods of non operation as a result of electrical power interruption, or the need to have the device serviced by a qualified technician.

  • Warning :RESERVE OXYGEN SUPPLYA back-up source of supplemental oxygen is strongly recommended in case of power outage or mechanical failure of any model portable oxygen concentrator device. Customer Should Consult Customer's local home medical equipment provider for a back-up source of oxygen.
  • WarningIt is the responsibility of the Customer to make back-up arrangements for alternative oxygen supply when traveling; Portable Oxygen Solutions LLC assumes no liability for persons choosing not to adhere to manufacturer recommendations.

  • Warning: As stated here and in manufacturer user manuals, these devices are NOT INTENDED to be life sustaining or life supporting.

  • Warning: Oxygen equipment may require unscheduled servicing during your travels. Please be advised that Portable Oxygen Solutions LLC. cannot assure customer that compatible equipment or proper support services will be available to customer while traveling. Without limiting the generality of the foregoing, Portable Oxygen Solutions has no capability to provide goods, repair or clinical services to a customer on an airplane or outside of Portable Oxygen Solutions local service area.

 

CAUTION USA Federal law restricts portable oxygen devices to sale by or on the order of a physician. May also be applicable in other countries. CAUTION Manufacturer Recommended Nasal cannula should be used to ensure proper patient usage and oxygen delivery. 

 

Website Terms Of Use

Please read the following Terms of Use before using our website.  All users of this site agree that access to the use of this site is subject to the following terms and conditions:

  * When you visit Portable Oxygen Solutions, call us, mail us or email us, you are communicating with us. By doing so, you are consenting to receive communications from us. Periodically, we may communicate new information to you. You are welcome to opt out of any communications at any time.

* All content included on this website is the property of Portable Oxygen Solutions and is protected by the United States of America's International Copyright Laws. 

* All logos and graphics are trademarks of Portable Oxygen Solutions, it's suppliers and web designers. No trademarks maybe used in connection with any product or services not authorized by us or in any manner that may cause public confusion, or discredits Portable Oxygen Solutions.

* If a prescription is required for an item, we will verify the prescription prior to shipping or billing your credit card. Failure to supply a prescription or our inability to verify prescription information will result in a cancellation of the order after (30) days. If a check or money order has already been received, we will refund full amount. 

* We stand behind the products we sell. We only work with reputable manufacturers and suppliers and if the need arises we will work hard to help and facilitate any repair work on any item we sell.  We will do our very best to make sure your experience with Portable Oxygen Solutions is the best it can be.  Please contact the primary oxygen provider for all reserve oxygen supply needs.

**Respironics products and services provided by Portable Oxygen Solutions are provided solely by Portable Oxygen Solutions and are independent from Philips Respironics.

* Please make sure to read our Return Policy prior to any purchase; (See Below).  It is up to the purchaser to read and understand the manufacturer's warranty/nonwarranty coverage information provided on our website.

 

New Notice Dated April, 21st, 2014:  At Portable Oxygen Solutions, we do not sell to persons in Florida until we complete Florida State Licensing requirements.  

 

Returns & Repairs Policy

Our Promise & Commitment to our Valued Customers

 At Portable Oxygen Solutions, we are committed to being your trusted partner for portable oxygen by delivering the advice, service and convenience you deserve — all at competitive prices. If you are not fully satisfied with your purchase, let us help you with an Exchange, Return or Repair.

All Sales of Portable Oxygen Concentrators include a 5 Day Trial Period for Returns and 30 Day Exchange Period.

  *NO SMOKING POLICY*

During the 5-day Trial Period and our standard 30-day Exchange period, equipment may be used only in a SMOKE-FREE environment. A user's SMOKING of any kind (including cigarette, cigar, and pipe) while using product, and evidence that a user has used the equipment in a smoke-filled environment, will void all refunds, credits, exchanges, and warranties with respect to that product and related accessory items. **NOTE...Units that smell of smoke are not allowed to be returned, refunded or exchanged and unit's warranty will be deemed VOID by the manufacturer.

Portable Oxygen Concentrator Returns

If you have received an item from Portable Oxygen Solutions that you are dissatisfied with, please contact Customer Support at (800) 958-0192, Monday through Friday, 8:00 am to 5:00 pm CST to obtain a Return Authorization (RA) Number.

Return For A Refund

During the 5-Day Trial Period, if you are not completely satisfied with your product we will refund your purchase amount; all you are responsible to pay are return shipping charges and a 6% restocking fee. To be eligible for product refund, you must obtain a Return Authorizaton Number (RA#) within 5 days of delivery. To obtain a Return Authorization (RA) number, please contact Customer Support with your order information at 1-800-958-0192 or Email Request to: help@portableoxygensolutions.com . All Returns for Refund must be shipped within 3 days from receiving your RA #. We will refund your purchase price (less restock fee) upon receipt and inspection of the authorized returned item.

***The Return for a Refund Policy is only valid if you contact us during the 5-Day Trial Period and the unit meets the following criteria:

 

  • Unit is in Original New condition including all Accessories, Manuals & Packaging
  • All Items in the Return must be without defect including scratches
  • Unit has NOT been used in a smoke-filled environment. A user's SMOKING of any kind (including cigarette, cigar, and pipe) while using product, and evidence that a user has smoked while using product, will void all refunds, credits, exchanges, and warranties with respect to that product and related items. **NOTE...Units that smell of smoke are not allowed to be returned, refunded or exchanged and unit's warranty will be deemed VOID by the manufacturer.
  • Return For An Exchange

All Sales of Portable Oxygen Concentrators include a 30 Day Exchange period. In the first 30 days of ordering your unit, if you are not completely satisfied with your product you can exchange it for another model; all you are responsible to pay are return shipping charges and the Exchange will Be Subject to a 20% restocking fee. To be eligible for an Exchange, you must obtain RA# within 30 days of delivery. To obtain a Return Authorization Number (RA#), please contact Customer Support at 1-800-958-0192 or Email Exchange Request to: help@portableoxygensolutions.com . All Returns for Exchange must be shipped within 3 days from receiving your RA#.

***The Return for Exchange Policy is only valid if you contact us during the 30-Day Exchange Period and the unit meets the following criteria:

 

  • Unit is in Original New Condition including all Accessories, Manuals, & Packaging
  • All Items in the Return must be without defect including scratches
  • Unit has NOT been used in a smoke-filled environment. A user's SMOKING of any kind (including cigarette, cigar, and pipe) while using product, and evidence that a user has smoked while using product, will void all refunds, credits, exchanges, and warranties with respect to that product and related items. **NOTE...Units that smell of smoke are not allowed to be returned, refunded or exchanged and unit's warranty will be deemed VOID by the manufacturer.

Return Instructions:

Ship All Returns to us at the following address:

Portable Oxygen Solutions

8000 Corporate Center Drive
Suite 113
Charlotte, NC 28226

Note: For all exchanges or refunds; we must first receive the original unit before we ship out an exchanged unit or issue a credit.

It's required that customers retain the original packing material for at least 30 days, in the event the unit needs to be returned.

FOR ALL OTHER ITEMS

We will accept the return of any stock item provided it is unused, in original NEW condition and returned within 30 days of the date the item(s) are shipped. Returned items must include all original accessories, literature and packaging in the same NEW condition in which it was received. All returns are subject to a 25% restocking fee.


Cancellations

Orders cancelled after order is placed but before we ship to customer will be charged a 6% cancellation fee. If you cancel your order after it has already shipped we consider it a return and the above policies apply.

 

Refused Shipments

Refused shipments, products returned without the original packaging and orders canceled after the unit has been shipped are subject to a 25% restocking fee and customers will be responsible for shipping charges both ways.

Customers are not responsible for shipping costs associated with refusing equipment that has been damaged during shipping as long as the item is refused at the time of delivery and damage is noted on the "proof of delivery" form provided to you for signature by the carrier.

 

Damaged Items

Once your package arrives please ensure it is not damaged or defective in any way. Notification of returns for damaged products must be made with 72 hours of receiving your items. In this case a full credit will be issued for both the purchase and shipping costs.

 

Special Ordered Items

Special orders are orders placed for items that we do not stock and we have ordered from the factory to satisfy customer needs/requests. Unfortunately, we cannot accept any returns on special item orders. NOTE: Special Ordered Items cannot be cancelled once placed.

AFTER 30 DAYS

We apologize for any inconvenience, but after 30 days we cannot refund or exchange your unit.

To return your portable oxygen concentrator after 30 days, please contact us at 1-800-958-0192 to discuss details of our *Trade-In* or *Buy-Back Program*.

 

Service and Repairs:

In all instances of customer-caused damage, the customer is responsible for all parts, labor, and all shipping charges to return the unit to us for repair. Please contact us for assistance at 1-800-958-0192.

Every Portable Oxygen Concentrator we offer comes with a Manufacturer’s Warranty. Please contact us @ 1-800-958-0192 so we may assist you with your warranty repairs. You are responsible for all shipping & handling charges both ways to Portable Oxygen Solutions on any "In Warranty" or "Out of Warranty" repair. Customer is responsible for all repair, labor and shipping charges (both ways), for any "OUT of Warranty" repair.

Service and Repair policy applies to all customers, both US and International. All Portable Oxygen Concentrators purchased and shipped within the US must be returned to the US factory for service. Any Portable Oxygen Concentrator which travels outside the US must also be returned to the US factory for service and customer is responsible for shipping charges. Please call us at 1-800-958-0192 for assistance.

 

Any questions or concerns regarding our store policies, please call us @ 1-800-958-0192.

 

Thank you,

 

Portable Oxygen Solutions 

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