TERMS AND CONDITIONS
By purchasing item (s) from Phoenix Medical Solutions, LLC (“Phoenix”), the Purchaser, or the agent or other representative of the Customer (all referred to as the “Customer” herein) engage in our service and agree to be bound by the following terms and conditions:
Purchases
Phoenix has the authority to charge the Customer for the full cost of the product ordered & delivery using the payment method provided by the Customer. Purchased items may be returned for refund if returned within 3 days unused & unopened. Customer will be responsible for the roundtrip shipping charges, a restocking fee of 20% and any parts needing to be replaced. Please note, shipping charges can exceed $190.
Additional Fees
Customer will be charged for credit card chargeback fees on disputed items that were validated in favor of Phoenix. A 20%/mo. interest charge will be assessed on all amounts not paid from the date the payment was due. Repossession & collection fees will be charged to the Customer if the equipment and or outstanding balances have not been received by Phoenix.
State of Equipment
Customer acknowledges receipt of the equipment in good and working condition. Customer authorizes Phoenix to automatically charge the Customer under this Agreement for any repair or replacement costs incurred by Phoenix to restore the returned equipment back to its condition when the Customer received it. PHOENIX MAKES NO WARRANTY OF ANY KIND (MERCHANTIABILITY ETC) REGARDING THE PURCHASED EQUIPMENT; CUSTOMER TAKES THE EQUIPMENT ON AS “AS IS” BASIS. Phoenix may, but is not required to, replace the equipment with identical or similar equipment if the equipment fails to operate in accordance with the manufacturer’s specifications & operation instructions. Such replacement shall be made as soon as practicable after Customer returns the equipment.
Insurance
Phoenix does not accept insurance nor is Phoenix a Medicare provider and does not accept assignment. All charges are the Customer’s sole responsibility. It is the Customer’s sole responsibility to verify insurance coverage for reimbursement purposes. Phoenix does accept Worker’s Comp. In the result the Worker’s Comp. company does not pay in full the amount owed to Phoenix, Customer accepts responsibility to pay the remaining balance owed to Phoenix.
Indemnification, Disclaimer of Warranties; Limitation of Liability
Customer shall not pledge or encumber the equipment in any way. Customer agrees to indemnify and hold harmless Phoenix, its respective affiliated enterprises, regents, officers, directors, attorneys, employees, representatives & agents from & against all damages, losses, liens, causes of action, suits, judgments, expenses (including reasonable attorneys’ fees), & other claims of any nature, kind, or description by any person or entity, arising out of, caused by, or resulting from Phoenix’s performance under this Agreement & which are caused in whole or in part by any negligent act, negligent omission or willful misconduct of Phoenix, anyone directly or indirectly employed by Phoenix or anyone for whose acts Phoenix may be liable. Customer shall pay all reasonable attorneys, repossession & other fees, the expenses & costs incurred by Phoenix under these terms and conditions.
If Customer is in default of any of the terms & conditions of the Agreement, Phoenix, at the Customer’s risk, cost & expense may at any time enter Customer’s premises to recover the product(s). Phoenix reserves the right to refuse to rent to anyone for any reason within Phoenix’s sole & absolute discretion. Any representative executing this Agreement in a representative capacity shall be bound personally, jointly & severally, with such fiduciary, corporation or other entity as to all obligations, expressed or implied, arising under this Agreement.
This device was a life saver for me
“This device was a true life saver for me!! The fact that I could get to the stove, bathroom and bedroom really made my life so much easier for the past 4 weeks”
