Introduction

Welcome to Respiratory First, L.L.C (“company”,  “we”, “our”, “us”).  These Terms and Conditions (“Terms”) govern the sale and the rental(when applicable) of products, medical equipment, medical devices and medical supplies (“products”, “items”, “devices”, “supplies”). 

By purchasing products, medical equipment, medical supplies, or renting(when applicable) of medical equipment and medical devices you (“customer”, “patient”, “user”, “renter”) acknowledge and accept the company’s Terms and Conditions herein. 

1. Product Description

     1.1. Respiratory First, L.L.C. strives to provide accurate descriptions, images, and specifications from the manufacturer of all products to help customers make informed purchasing or renting(when applicable) decisions. However, we are not responsible for marginal variations in product appearance or updates made by manufacturers.   

2. Product Warranty

     2.1. All products sold by Respiratory First, L.L.C. are covered under the manufacturer’s warranty policy(when applicable). Warranty claims must be submitted by the customer directly to the manufacturer, and coverage is subject to their terms, including exclusions for misuse, improper handling, or unauthorized repairs.

3.  Prescription Requirement

     3.1. Certain products offered necessitate a valid prescription from a licensed healthcare provider, in compliance with federal regulations. These items will be clearly identified on our website, and customers must submit the required prescription prior to shipment.

4.  Shipping Policy

     4.1.  Processing Time: Orders are processed typically within 3 business days. 

     4.2.  Shipping Methods: We offer standard and expedited shipping options through trusted carriers. Shipping costs are calculated at checkout.

      4.3.  Delivery Time: Estimated delivery times vary based on location, weather and shipping method selected. Standard shipping typically takes 5-10 business days depending upon sourcing and inventory.

      4.4.  Tracking Information: A tracking number will be emailed once your order ships, allowing you to monitor delivery status.

      4.5.  Damaged or Lost Shipments: If your order arrives damaged or is lost in transit, notify us within 48 hours of delivery. We will work with the sourcing, distributer or carrier to resolve the issue and, if applicable, arrange a replacement.

      4.6.  Prescription Items: Items requiring a prescription will only ship after we receive a valid prescription from a licensed healthcare provider.

      4.7 Shipping Restrictions: We currently ship within the U.S. We do not ship to P.O. Boxes of certain products, medical equipment or devices.

      4.8. International Shipping: We do not offer international shipping.

5.  Product Use and Maintenance: We are not liable for damages resulting from:

      5.1.  Improper Use: Failure to follow the product instructions, guidelines, or intended purposes.

      5.2.  Unauthorized Modifications: Alterations, repairs, or adjustments made by unauthorized persons or service providers.

      5.3.  Neglect or Misuse: Damage caused by improper handling, storage, or maintenance.

      5.4.  External Factors: Incidents such as accidents, natural disasters, or power surges.

      5.5.  Normal Wear and Tear: Deterioration due to regular use over time.

      5.6.  Third-Party Products: Use of accessories, parts, or attachments not supplied or approved by us.

      5.7.  Third-Party Service Providers: We are not responsible for errors, delays, or damages caused by third-party shipping carriers, payment processors, or service providers.

      5.8.  Acts Beyond Our Control (Force Majeure): Respiratory First, LLC is not liable for delays or failure in performance due to events beyond our reasonable control, including but not limited to natural disasters, pandemics, labor strikes, shipping disruptions, cyber-attacks, or supplier issues.

6.  Rental Process and Equipment Use (when applicable)

      6.1. All rental equipment, equipment remains the property of the company.

      6.2. The customer must ensure the equipment is used only for the purpose of respiratory support as outlined by your medical provider and follow the provided user guidelines as outlined by company and manufacturer. 

      6.3. It is the customer’s responsibility to consult with your medical provider regarding oxygen therapy, clinical implications and treatment via oxygen.

      6.4. Any equipment misuse, use other than it intended use, modification, alteration or failure to follow user and manufacturer guidelines may result in additional charges and or termination of the Rental Agreement.

7.  Rental Fee, Security Deposit and Payment, (when applicable)

     7.1. Rental fees and deposit are determined by the rental duration, type of equipment and quantity of equipment chosen.

     7.2. Credit card authorization holds and security deposits are required prior to the start of the rental period as per Rental Agreement.

     7.3. The security deposit will be returned upon safe and undamaged return of the equipment.     

     7.4. Rental payment and any other fees due will be applied to your credit card at the end of the rental period. 

8.  Rental Duration and Returns (when applicable)

     8.1. The rental period begins and ends based on the Rental Agreement’s begin and end date, unless noted otherwise by the company. .

     8.2. If the customer fails to have all equipment ready and available for pick-up per Renter Agreement’s pick-up date, the company may impose a daily late fee until all equipment is picked up by the company as per Rental Agreement. Customer will immediately communicate to the company of any necesary changes to the pickup date. 

     8.3. Equipment should be returned in the same condition as it was rented, barring normal wear and tear.  Damage or loss will result in deductions from the deposit and/or additional charges to the customer.

9.  Inspection, Maintenance and Cleaning (when applicable)

     9.1. Basic cleaning and maintenance are the responsibility of the customer during the rental period.

     9.2. Guidelines for cleaning and maintenance will be provided. Failure to maintain the equipment may result in additional fees.

     9.3. While the company tests, maintains and inspects all equipment prior to customer use, sudden equipment failures can occur. The company will not be held responsible for any physical injury, disruptions, damages, or inconveniences resulting from unexpected equipment malfunctions or failures.

10.  Rental Modification (when applicable) 

     10.1. In case of termination or any modification of rental agreement’s rental period,( when applicable) the Company may pro-rate any fees based on circumstances at the discretion of the Company.

11.  Termination of Company Services 

     11.1  We reserve the right to provide or not provide or terminate any and all services, products, items, equipment and supplies to anyone at the discretion of the Company.

12.  Privacy and Personal Data

     12.1. Any personal data provided by the Customer will be used solely for the purpose of the purchase or rental transaction(when applicable) or to provide advice and guidance of items and products and devices and medical equipment and equpment and supplies will not be shared with unauthorized third parties, except as required by law. 

    12.2. Any patient health information (PHI) provided by the Customer will be used solely for the purpose of collaborating with the medical providers to help ensure a safe and appropriate home respiratory, DME and supporting equipment in-home and in travel enviroments.  

    12.3. We may contact the Customer for feedback or to provide information about other relevant services.

13.  Limitations of Liability  

    13.1. The company will not be held liable for any indirect, incidental, consequential, special, exemplary, or punitive damages, including but not limited to loss of profits, loss of data, personal or physical or emotional injury, or any other damages or losses, arising out of or related to the use or inability to use all purchased items, products, medical equipment, rental equipment(when applicable), equipment supplies, and supplies. 

14. Maximum Liability Cap 

      14.1. In no event shall Respiratory First, LLC’s total cumulative liability, whether in contract, warranty, tort (including negligence), or any other legal theory, exceed the total amount paid by the customer for the product or service in question.

15. Governing Law

      15.1. Governing Law: The purchase of product and a rental agreement(when applicable), including these Terms and Conditions, will be governed by and construed in accordance with the laws of the jurisdiction in which the company is based, without regard to its conflict of laws principles.

     15.2. Notice of Disputes: In the event of a dispute, the aggrieved party shall notify the other party in writing of the nature and basis of the dispute, and the specific relief sought. The parties commit to negotiate in good faith in an attempt to resolve the dispute before pursuing formal legal action. If the parties cannot resolve the dispute through direct negotiations, then the aggrieved party may proceed as per the provisions mentioned herein. 

     15.3. Costs and Fees: In the event of any dispute arising out of or related to the purchase of any company products, equipment or supplies or the rental agreement(when applicable) or these Terms and Conditions that results in legal action, the prevailing party will be entitled to recover its legal expenses, including but not limited to court costs, expert fees, and attorneys’ fees.

     15.4. Alternative Dispute Resolution: In the event dispute negotiation fail to find resolution, both parties (Customer and Company) agree to utilize an alternative dispute resolution (ADR) method via mediation or abitration before filing a lawsuit, unless prohibited or otherwise noted by law.

16.  Changes to Terms and Conditions

       16.1. We may update these Terms and Conditions from time to time. Any change to this policy will be posted on the website, and effective date will be updated. Your continued visit of the website after any changes to this policy will be deemed acknowledgement and acceptance of those changes.

17. Intellectual Property

      17.1. All content and materials available, noted, included on our website, including but not limited to text, graphics, logos, images, videos, and software are the property of Respiratory First, L.L.C. or its licensors and are protected by applicable intellectual property laws. You may not use, share, reproduce, distribute, modify, create, recreate, derivative works of any content on the website without our prior written consent by Respiratory First, L.L.C.