Terms And Conditions
 

Terms and Conditions

Billing:  Per diem charges with respect to each order shall begin to accrue on the calendar day CDI delivers a rental product to Customer regardless of time of day.  In cases of Customer (on site) rental product storage, charges shall begin on the calendar day of patient placement regardless of time of day.  Charges shall continue to accrue until the calendar day, regardless of time of day, CDI is notified the rental product is no longer required.  The order shall be deemed complete when CDI receives such notice by contacting CDI’s National Call Center at 1-800-638-2546 or by booking a pick-up on CDI’s e-commerce website, CDI.  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 CDI 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.

Delivery and Pickup:  All delivery, set‑up, service and maintenance, as well as emergency repair, are performed by CDI certified technicians.  Routine delivery is available Monday through Friday.  Delivery can normally be expected within 24 hours of a telephone order.  CDI will respond to an emergency need for CDI products 24 hours a day, 7 days a week, including all holidays.  Customer agrees to return rental products to CDI promptly upon demand and will cooperate with CDI to make rental products available for pickup by CDI.

Emergency Service and Repair:  CDI will respond to a request for emergency service or repair 24 hours a day, 7 days a week, including holidays.  For Pickup, Delivery, or Emergency Service, please call 1‑800‑638‑2546.

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 CDI or the manufacturer.

Maintenance of the Products:  CDI 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 CDI, whereupon CDI 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 CDI to make such rental products available for maintenance by CDI.  In the event Customer fails to make rental products available for preventive maintenance, Customer shall indemnify and hold CDI 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 by CDI.

Payment Terms: Invoices are payable net thirty (30) days from date of invoice.  Unless waived by CDI 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 CDI for any and all costs and expenses (including without limitation reasonable attorneys’ fees) incurred by CDI 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.  Customer is advised that the Customer may be obligated to properly reflect and/or report any discount, rebate or reduction in price in its costs claimed or charges made to federal (e.g. Medicare) or state (e.g. Medicaid) health care programs requiring such disclosure.  The invoices provided by CDI to Customer may not reflect the net cost to the Customer.  Customer shall make written request to CDI in the event Customer requires additional information in order to meet applicable reporting or disclosure obligations.

Limited Warranty: CDI warrants that when delivered the rental products will be in proper working order and condition.  THE FOREGOING WARRANTY CONSTITUTES THE SOLE WARRANTY MADE BY CDI AND IS IN LIEU OF ALL OTHER REPRESENTATIONS OR WARRANTIES EXPRESS OR IMPLIED OR STATUTORY, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, AND ALL OTHER REMEDIES.  IN NO CASE SHALL CDI BE LIABLE TO CUSTOMER OR ANY THIRD PARTY FOR INDIRECT, SPECIAL, CONSEQUENTIAL OR INCIDENTAL DAMAGES OR DELAYS. NO EMPLOYEE OR REPRESENTATIVE OF CDI IS AUTHORIZED TO CHANGE THIS WARRANTY IN ANY WAY OR GRANT ANY OTHER WARRANTY.

Product Interface: Customer shall be responsible for ensuring to Customer's satisfaction that any equipment and accessories not supplied by CDI that are used with CDI products properly interface or operate with CDI products. CDI shall not be liable to Customer or any third person for personal injury or property damage arising from the use of third party equipment and accessories with CDI products.

Title and Risk of Loss: The rental products are, and shall at all times be and remain, the sole and exclusive property of CDI, 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 CDI.  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 CDI.  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 Supplier promptly when it becomes aware of such loss, theft or damage.  Customer shall tender payment to Supplier within thirty (30) days after receipt of an invoice from CDI. The Customer shall not remove the rental products from the location at which they were delivered by CDI without the prior consent of CDI.

Scope:  This Agreement applies to facility rentals of products from CDI, except for rentals of The Vest®  Airway Clearance System Products.  Also excluded are rentals of products for placement in a home care setting (or where the rental is subject to third party payer reimbursement).

 

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 CDI with respect to such taxes.  Applicable taxes will be calculated and billed at time of invoicing.  CDI shall not be responsible for delivery delays and delays in performance in whole or part from any cause beyond CDI’s reasonable control.  CDI’s 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 CDI, unless agreed to in writing by an authorized representative of CDI.  This Agreement shall be governed by and construed in accordance with the laws of the State of Indiana.