Terms and Conditions

Delivery and Pickup: All delivery, Pick-up, service and maintenance, as well as emergency repair, are performed by Ardus Medical certified technicians. Routine delivery is available 24 hours a day, 7 days a week, including all holidays. Customer agrees to return rental products to Ardus Medical promptly upon demand and will cooperate with Ardus Medical to make rental products available for pickup by Ardus Medical.

Use of the Products: Customer agrees to operate the rental products only in the manner for which they are intended and in compliance with manufacturer specifications, any warning labels affixed to the equipment and other information supplied by Ardus Medical or the manufacturer.

Customer acknowledges that it is solely responsible for cleaning, disinfecting and decontamination all reusable equipment, prior to the return of the item to Ardus Medical. Customer agrees to comply with all federal, state and local laws and regulations, including OSHA in this regard. It is recommended by the manufacture that this equipment be checked for proper operation before use.

Maintenance of the Products: Ardus Medical shall provide all maintenance, repairs and servicing for the rental products. In the event the products need maintenance, repair or servicing, the Customer shall promptly notify Ardus Medical, whereupon Ardus Medical will either repair or service the products on-site or provide suitable replacement products, as applicable. If rental products shall require routine preventive maintenance while in the possession of Customer, Customer will cooperate with Ardus Medical to make such rental products available for maintenance by Ardus Medical. In the event Customer fails to make rental products available for preventive maintenance, Customer shall indemnify and hold Ardus Medical harmless from any and all claims, demands and costs resulting from such failure. The Customer shall not perform or allow any maintenance, servicing, modifications, repairs, improvements or alterations to the products other than Ardus Medical.

Limited Warranty: Ardus Medical warrants that when delivered the rental products will be in proper working order and condition.

Billing: Per diem charges with respect to each order shall begin to accrue on the calendar day Ardus Medical delivers a rental product to Customer regardless of time of day. Charges shall continue to accrue until the calendar day, regardless of time of day, Ardus Medical is notified the rental product is no longer required. The order shall be deemed complete when Ardus Medical receives such notice by contacting Ardus Medical at 855-592-7387. If the Customer requires the issuance of a Purchase Order, it is the obligation of the Customer to provide a P.O. number when ordering a Ardus Medical rental product. Should an order be placed during such time that a P.O. number is not available immediately (nights, holidays or weekends),

Customer agrees to provide this P.O. number on the first weekday following rental unit delivery.

Payment Terms: Invoices are payable net thirty (30) days from date of invoice. Unless waived by Ardus Medical in writing, overdue invoices shall be subject to a late payment charge equal to the lesser of (i) one and one-half percent (1-1/2%) per month or (ii) the maximum rate allowed by law. Customer agrees to pay Ardus Medical for any and all costs and expenses (including without limitation reasonable attorneys’ fees) incurred Ardus Medical to collect any amounts owed to it, enforce any of its rights or seek any of its remedies hereunder. In the event Customer has directed that the charges hereunder be billed to another person or organization, and payment is not made by such person or organization within ten (10) day after invoice date, Customer shall still remain liable hereunder.

Title and Risk of Loss: The rental products are, and shall at all times be and remain, the sole and exclusive property of Ardus Medical, and Customer shall have no right, title or interest in or to the rental products except as expressly set forth herein. All replacements, substitutions, modifications, alterations and repairs to the rental products shall become a component part of the rental products and shall be included under the terms hereof, and title thereto shall remain at all times in Ardus Medical. The Customer shall bear all risk of loss, theft or damage to the rental products from the time the products are delivered to the Customer until they are returned to Ardus Medical. Customer shall be liable to Supplier for the full list price of any rental product that is lost or stolen, and the costs of repair or replacement (whichever is less) for any rental product that is damaged while in the possession of the Customer. Customer shall notify Ardus Medical promptly when it becomes aware of such loss, theft or damage. Customer shall tender payment to Ardus Medical within thirty (30) days after receipt of an invoice from Ardus Medical. The Customer shall not remove the rental products from the location at which they were delivered by Ardus Medical without the prior consent of Ardus Medical.

Miscellaneous: Customer shall be billed for all applicable sales and other taxes until such time as Customer provides a tax-exempt certificate (resale certificate) to Ardus Medical with respect to such taxes. Applicable taxes will be calculated and billed at time of invoicing. Ardus Medical obligations shall be subject to approval of Customer’s credit. These terms and conditions supersede any inconsistent agreements and understandings, oral or written, between the parties, including any terms and conditions in any documentation submitted by Customer to Ardus Medical, unless agreed to in writing by an authorized representative of Ardus Medical. This Agreement shall be governed by and construed in accordance with the laws of the State of Missouri.

Scope: This Agreement applies to rentals of products from Ardus Medical.