Terms and Conditions
PLEASE READ THE FOLLOWING TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS WEBSITE. All users of this site agree that access to and use of this site are subject to the following terms and conditions and other applicable law. If you do not agree to these terms and conditions, please do not use this site.
Copyright
The entire content included in this site, including but not limited to text, graphics or code is copyrighted as a collective work under the United States and other copyright laws, and is the property of Unique Mobile. The collective work includes works that are licensed to Unique Mobile. Copyright 2003, Unique Mobile ALL RIGHTS RESERVED. Permission is granted to electronically copy and print hard copy portions of this site for the sole purpose of placing an order with Unique Mobile or purchasing Unique Mobile products. You may display and, subject to any expressly stated restrictions or limitations relating to specific material, download or print portions of the material from the different areas of the site solely for your own non-commercial use, or to place an order with Unique Mobile or to purchase Unique Mobile products. Any other use, including but not limited to the reproduction, distribution, display or transmission of the content of this site is strictly prohibited, unless authorized by Unique Mobile. You further agree not to change or delete any proprietary notices from materials downloaded from the site.
Trademarks
All trademarks, service marks and trade names of Unique Mobile used in the site are trademarks or registered trademarks of Unique Mobile
Warranty Disclaimer
This site and the materials and products on this site are provided "as is" and without warranties of any kind, whether express or implied. To the fullest extent permissible pursuant to applicable law, Unique Mobile disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose and non-infringement. Unique Mobile does not represent or warrant that the functions contained in the site will be uninterrupted or error-free, that the defects will be corrected, or that this site or the server that makes the site available are free of viruses or other harmful components. Unique Mobile does not make any warrantees or representations regarding the use of the materials in this site in terms of their correctness, accuracy, adequacy, usefulness, timeliness, reliability or otherwise. Some states do not permit limitations or exclusions on warranties, so the above limitations may not apply to you.
Limitation of Liability
Unique Mobile shall not be liable for any special or consequential damages that result from the use of, or the inability to use, the materials on this site or the performance of the products, even if Unique Mobile has been advised of the possibility of such damages. Applicable law may not allow the limitation of exclusion of liability or incidental or consequential damages, so the above limitation or exclusion may not apply to you.
Typographical Errors
In the event that a Unique Mobile product is mistakenly listed at an incorrect price, Unique Mobile reserves the right to refuse or cancel any orders placed for product listed at the incorrect price. Unique Mobile reserves the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is cancelled, Unique Mobile shall issue a credit to your credit card account in the amount of the incorrect price.
Term; Termination
These terms and conditions are applicable to you upon your accessing the site and/or completing the registration or shopping process. These terms and conditions, or any part of them, may be terminated by Unique Mobile without notice at any time, for any reason. The provisions relating to Copyrights, Trademark, Disclaimer, Limitation of Liability, Indemnification and Miscellaneous, shall survive any termination.
Notice
Unique Mobile may deliver notice to you by means of e-mail, a general notice on the site, or by other reliable method to the address you have provided to Unique Mobile.
Miscellaneous
Your use of this site shall be governed in all respects by the laws of the state of California, U.S.A., without regard to choice of law provisions, and not by the 1980 U.N. Convention on contracts for the international sale of goods. You agree that jurisdiction over and venue in any legal proceeding directly or indirectly arising out of or relating to this site (including but not limited to the purchase of Unique Mobile products) shall be in the state or federal courts located in Los Angeles County, California. Any cause of action or claim you may have with respect to the site (including but not limited to the purchase of Unique Mobile products) must be commenced within one (1) year after the claim or cause of action arises. Unique Mobile's failure to insist upon or enforce strict performance of any provision of these terms and conditions shall not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall act to modify any of these terms and conditions. Unique Mobile may assign its rights and duties under this Agreement to any party at any time without notice to you.
Use of Site
Harassment in any manner or form on the site, including via e-mail, chat, or by use of obscene or abusive language, is strictly forbidden. Impersonation of others, including a Unique Mobile or other licensed employee, host, or representative, as well as other members or visitors on the site is prohibited. You may not upload to, distribute, or otherwise publish through the site any content which is libelous, defamatory, obscene, threatening, invasive of privacy or publicity rights, abusive, illegal, or otherwise objectionable which may constitute or encourage a criminal offense, violate the rights of any party or which may otherwise give rise to liability or violate any law. You may not upload commercial content on the site or use the site to solicit others to join or become members of any other commercial online service or other organization.
Participation Disclaimer
Unique Mobile does not and cannot review all communications and materials posted to or created by users accessing the site, and is not in any manner responsible for the content of these communications and materials. You acknowledge that by providing you with the ability to view and distribute user-generated content on the site, Unique Mobile is merely acting as a passive conduit for such distribution and is not undertaking any obligation or liability relating to any contents or activities on the site. However, Unique Mobile reserves the right to block or remove communications or materials that it determines to be (a) abusive, defamatory, or obscene, (b) fraudulent, deceptive, or misleading, (c) in violation of a copyright, trademark or; other intellectual property right of another or (d) offensive or otherwise unacceptable to Unique Mobile in its sole discretion.
Indemnification
You agree to indemnify, defend, and hold harmless Unique Mobile, its officers, directors, employees, agents, licensors and suppliers (collectively the "Service Providers") from and against all losses, expenses, damages and costs, including reasonable attorneys' fees, resulting from any violation of these terms and conditions or any activity related to your account (including negligent or wrongful conduct) by you or any other person accessing the site using your Internet account.
Third-Party Links
In an attempt to provide increased value to our visitors, Unique Mobile may link to sites operated by third parties. However, even if the third party is affiliated with Unique Mobile, Unique Mobile has no control over these linked sites, all of which have separate privacy and data collection practices, independent of Unique Mobile. These linked sites are only for your convenience and therefore you access them at your own risk. Nonetheless, Unique Mobile seeks to protect the integrity of its web site and the links placed upon it and therefore requests any feedback on not only its own site, but for sites it links to as well (including if a specific link does not work).
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Return Policy
Order &
Return Policies
Products
Our CPAP products are New and unused. Sleep
Apnea Rental products are used and sanitized between each
use.
Availability
We do our best to provide
accurate information regarding stock status. If the product you’ve
ordered is on backorder from our Supplier, we’ll offer you a
substitute, give you an option to cancel your order without penalties
(prior to shipment), or keep you informed about your order's
estimated ship date.
Shipping Restrictions
Products
are usually offered to the continental (lower 48)
states.
Communication
You will receive separate
emails confirming that your order has been processed and shipped. If
we require more information, we will attempt to contact you first by
email, then phone.
Return Policy
General
Refund Policy
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Product Condition
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Policy
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Refund Amount*
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Unopened Box (Original Packaging)
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Full refund, less delivery and return shipping fees.
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- Full product value refund
- Less shipping and
handling fees (both ways)
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CPAP Machines & Masks Opened Box
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We do not accept any returns on opened products
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- No refund
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Damaged Product
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Replacement
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Exchange for new product
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Rental Items, Home Sleep Testing Kits and CPAP Machines Rentals
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No returns – Min. rental amount will be charged
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Not returnable
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Cancellation &
Order Changes
If for any reason you find
that you need to cancel an order, change an item in an order, or
change the shipping address, please notify us immediately. We cannot
cancel or change an order once it has shipped - it will thereafter
be treated as a return. (See above)
Returns Process
Equipment
Rental Agreement
THIS EQUIPMENT RENTAL AGREEMENT – (Applicable with ApleaLink Rental Sale Only )
BETWEEN Unique Mobile Diagnostic
Services of (the "Lessor") -and- CPAPMAER.COM
customer (the "Lessee") (the Lessor and Lessee are collectively the
"Parties")
IN CONSIDERATION of the mutual covenants and promises in this Agreement,
the sufficiency of which the Parties acknowledge, the Lessor leases the
Equipment to the Lessee, and the Lessee leases the Equipment from the Lessor on
the following terms:
Definitions
- The
following definitions are used but not otherwise defined in this
Agreement:
- "Casualty
Value" means the market value of the Equipment at the end of the
Term or when in relation to a Total Loss, the market value the Equipment
would have had at the end of the Term but for the Total Loss. The
Casualty Value may be less than but will not be more than the original
purchase price of the Equipment.
- "Equipment"
means Apnealink Plus Sleep Apnea Test kit - $2495.00 value.
- "Total Loss"
means any loss or damage that is not repairable or that would cost more
to repair than the market value of the Equipment.
Lease
- The Lessor agrees to
lease the Equipment to the Lessee, and the Lessee agrees to lease the
Equipment from the Lessor in accordance with the terms set out in this
Agreement.
Term
- The Lease term commences
on the 1st day of January, 2012 and will continue on a day-to-day basis
(the "Term").
Rent and Deposit
- The rent for the
Equipment will be $249.00 (the "Rent") for a two day rental and
the Rent will be paid prior to the Lessee taking possession of the
Equipment.
- The Lessee will pay a deposit
of $749.00 (the "Deposit") before taking possession of the
Equipment. The Lessor will refund the Deposit to the Lessee at the end of
the Term provided that the Lessee has performed all of the Lessee's
obligations under this Agreement.
Warranties
- The Equipment will be in
working order and good condition upon delivery. The Equipment is of
merchantable quality and is fit for the following purpose: ApneaLink Plus
.
Loss and Damage
- To the extent permitted
by law, the Lessee will be responsible for risk of loss, theft, damage or
destruction to the Equipment from any and every cause.
- If the Equipment is lost
or damaged, the Lessee will continue paying Rent, will provide the Lessor
with prompt written notice of such loss or damage and will, if the
Equipment is repairable, put or cause the Equipment to be put in a state
of good repair, appearance and condition.
- In the event of Total
Loss of the Equipment, the Lessee will provide the Lessor with prompt
written notice of such loss and will pay to the Lessor all unpaid Rent for
the Term plus the Casualty Value of the Equipment, at which point
ownership of the Equipment passes to the Lessee.
Ownership, Right to Lease and Quiet
Enjoyment
- The Equipment is the
property of the Lessor and will remain the property of the Lessor.
- The Lessee will not
encumber the Equipment or allow the Equipment to be encumbered or pledge
the Equipment as security in any manner.
- The Lessor warrants that
the Lessor has the right to lease the Equipment according to the terms in
this Agreement.
- The Lessor warrants that
as long as no Event of Default has occurred, the Lessor will not disturb
the Lessee's quiet and peaceful possession of the Equipment or the
Lessee's unrestricted use of the Equipment for the purpose for which the
Equipment was designed.
Surrender
- At the end of the Term
or upon earlier termination of this Agreement, the Lessee will return the
Equipment at the Lessee's cost, expense and risk to the Lessor by
delivering the Equipment to 281
Brooklyn Ave, Brooklyn, New York, 11213.
If the Lessee fails to return the Equipment to the Lessor at the end of
the Term or any earlier termination of this Agreement, the Lessee will pay
to the Lessor any unpaid Rent for the Term plus the Casualty Value of the
Equipment plus 10% of the Casualty Value, at which point ownership of the
Equipment will pass to the Lessee.
Insurance
- No insurance coverage
for the Equipment is required under this Agreement.
Default
- The occurrence of any
one or more of the following events will constitute an event of default
("Event of Default") under this Agreement:
- The Lessee fails to
pay any amount provided for in this Agreement when such amount is due or
otherwise breaches the Lessee's obligations under this Agreement.
- The Lessee becomes
insolvent or makes an assignment of rights or property for the benefit of
creditors or files for or has bankruptcy proceedings instituted against
it under the Federal bankruptcy law of the United States or other
competent jurisdiction.
- A writ of attachment
or execution is levied on the Equipment and is not released or satisfied
within 10 days.
Remedies
- On the occurrence of an
Event of Default, the Lessor will be entitled to pursue any one or more of
the following remedies (the "Remedies"):
- Declare the entire
amount of the Rent for the Term immediately due and payable without
notice or demand to the Lessee.
- Apply the Deposit
toward any amount owing to the Lessor.
- Commence legal
proceedings to recover the Rent and other obligations accrued before and
after the Event of Default.
- Take possession of the
Equipment, without demand or notice, wherever same may be located,
without any court order or other process of law. The Lessee waives any
and all damage occasioned by such taking of possession.
- Terminate this
Agreement immediately upon written notice to the Lessee.
- Pursue any other
remedy available in law or equity.
Renewal
- No renewal option.
Address for Notice
- Service of all notices
under this Agreement will be delivered personally or sent by registered
mail or courier to the following addresses:
Unique Mobile
281 Brooklyn Ave, Brooklyn NY 11213
Governing Law
- It is the intention of
the Parties to this Agreement that this Agreement and the performance
under this Agreement, and all suits and special proceedings under this
Agreement, be construed in accordance with and governed, to the exclusion
of the law of any other forum, by the laws of the State of New York (the
"State"), without regard to the jurisdiction in which any action
or special proceeding may be instituted.
Notice to Lessee
- NOTICE TO THE LESSEE:
This is a lease. You are not buying the Equipment. Do not sign this Lease
before you read it.
RELEASE OF INFORMATION
I consent to the release of information by my Physician, Licensed Health Care Professional, or Facility, and to allow the disclosure of medical records to UMDS. I consent to the release of information by UMDS to their representative of other health providers involved in my care and to third party payers in order to assure continuity of treatment; proper communication of information to my physician(s) and referral source; and proper reimbursement of services.
AGREEMENT
This Agreement is made by and between UMDS and cpapmart.com customer. UMDS shall provide me with a Home Sleep Testing Device subject to the terms of this Agreement. I understand and acknowledge that: 1) I am under the supervision and control of my physician; 2) My physician has prescribed the Home Sleep Study as part of my plan of care; 3) UMDS's services do not include diagnosing, prescriptive or other functions performed by licensed physicians; 4) My physician is solely responsible for diagnosing and prescribing drugs, equipment and therapy for my condition and otherwise supervising and controlling my medical condition.
CONSENT FOR HOME SLEEP TESTING
I consent for UMDS to send to me a Home Sleep Testing Device authorized by my physician. I understand that this test has been ordered by my physician. I acknowledge that the proper administration of this test will be provided by UMDS prior to my taking the test. The proper administration of my home sleep study will have been explained to me by UMDS and I will receive adequate written and visual educational materials to properly administer the test.
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