Terms & Conditions
The following terms and conditions (these “Terms and Conditions”), are agreed to by Advanced Interactive Response Systems LLC (“AIRS”) and the person or entity who orders goods from AIRS (“you”).
1. COMPLETE AGREEMENT. These Terms and Conditions, together with the order confirmation email from AIRS, represent the full and final agreement of the parties regarding your purchase of Goods from AIRS.
2. ORDER ACCEPTANCE AND CANCELLATION. You agree that your order is an offer to buy, under these Terms and Conditions, all products listed in your order (“Goods”). All orders must be accepted by us or we will not be obligated to sell the products or services to you. AIRS may choose not to accept any orders in our sole discretion. After having received your order, AIRS will send you a confirmation email with your order number and details of the items you have ordered. Acceptance of your order and the formation of the contract of sale between AIRS and you will not take place unless and until you have received your order confirmation email.
3. MODIFICATION. AIRS’s acceptance of any order is subject to these Terms and Conditions. No contrary, additional or different terms, provisions or conditions shall be binding on AIRS unless accepted by AIRS in writing. These Terms and Conditions are subject to change by AIRS, at any time and without prior notice. You understand and agree that (a) no modification or waiver of these Terms and Conditions shall be effective unless made by an authorized representative of AIRS in writing addressed to you and specifically referring to these Terms and Conditions; (b) no course of action on the part of AIRS shall be deemed to modify these Terms and Conditions; and (c) AIRS’s acknowledgment or acceptance of anything in writing from you which is in conflict with these Terms and Conditions (including any purchase order forms containing different terms or conditions) and any subsequent delivery of Goods shall not constitute a modification or waiver of these Terms and Conditions.
4. DELIVERY AND RISK OF LOSS. AIRS shall deliver all Goods to a carrier for transport to your place of business or as directed in writing, with all costs of transport borne by you. You shall bear all risk of loss or damage with respect to the Goods from the moment the Goods are delivered to the carrier. Delivery dates, if any are specified, are estimated and not guaranteed.
5. PRICES, PAYMENT, AND TAXES. All prices posted on AIRS’s website are subject to change without notice. The price charged for a product or service will be the price in effect at the time the order is placed and will be set out in your order confirmation email. Price increases will only apply to orders placed after such changes. Terms of payment are within our sole discretion, and payment must be received by us before our acceptance of an order. AIRS accepts all major credit cards for all purchases. All taxes assessed to any order are your responsibility, including, but not limited to, local and regional sales, use, excise, commercial activity, gross receipts, value-added and similar taxes, as applicable. You agree to indemnify and hold AIRS harmless from any liability and expense by reason of your failure to pay such taxes. Such indemnification shall include, but not be limited to, attorneys’ fees and/or other legal expenses relating to such failure.
6. RETURNS AND REFUNDS. AIRS will accept a return of the Goods for a refund of your purchase price, less the original shipping and handling costs, provided such return is made within 30 days of shipment and provided such products are returned in their original condition, sealed in the original packaging. To return Goods, you must email our Returns Department at info@oxygenalarms.com. You are responsible for all shipping and handling charges on returned items. You bear the risk of loss during shipment. Your refund will be credited back to the same payment method used to make the original purchase on the Site.
7. PRESCRIPTION. A prescription may be required to purchase the AIRS nasal cannula. By agreeing to these Terms and Conditions, you are certifying that you have received from a licensed medical practitioner, as needed, a valid prescription for the Goods. AIRS is authorized to sell and ship Goods only to end-users residing in the United States with a prescription from a U.S. doctor.
8. INSURANCE REIMBURSEMENT. You are solely responsible for submitting the appropriate information to your insurance company for reimbursement. AIRS has nothing to do with insurance reimbursement. AIRS has provided a reimbursement fact sheet under the resources tab, but the information contained in that document is provided for informational purposes only and represents no statement, promise, or guarantee by AIRS concerning coding, coverage, payment, reimbursement policy or charge.
9. LIMITED WARRANTY. AIRS WARRANTS THAT FOR A PERIOD OF SIX MONTHS STARTING ON THE DATE OF YOUR PURCHASE, THE GOODS WILL BE FREE FROM DEFECTS IN MATERIALS AND WORKMANSHIP.
WE LIMIT THE DURATION AND REMEDIES OF ALL IMPLIED WARRANTIES, INCLUDING WITHOUT LIMITATION THE WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, TO THE DURATION OF THIS LIMITED WARRANTY.
SOME STATES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
ANY INSTALLATION, MAINTENANCE, REPAIR, SERVICE, RELOCATION OR ALTERATION TO OR OF, OR OTHER TAMPERING WITH THE GOODS PERFORMED BY ANY PERSON OR ENTITY OTHER THAN AIRS WITHOUT AIRS'S PRIOR WRITTEN APPROVAL, OR ANY USE OF REPLACEMENT PARTS NOT SUPPLIED BY AIRS, WILL IMMEDIATELY VOID ALL WARRANTIES WITH RESPECT TO THE AFFECTED GOODS.
AIRS’S RESPONSIBILITY FOR DEFECTIVE GOODS IS LIMITED TO, IN ITS SOLE DISCRETION, REPAIR, REPLACEMENT OR REFUND AS SET FORTH IN THIS WARRANTY STATEMENT. NEITHER ANY PERFORMANCE OR OTHER CONDUCT, NOR ANY ORAL OR WRITTEN INFORMATION, STATEMENT OR ADVICE PROVIDED BY AIRS WILL CREATE A WARRANTY, OR IN ANY WAY INCREASE THE SCOPE OR DURATION OF THIS LIMITED WARRANTY.
TO OBTAIN WARRANTY SERVICE, YOU MUST EMAIL OUR CUSTOMER SERVICE DEPARTMENT AT INFO@OXYGENALARMS.COM DURING THE SIX-MONTH WARRANTY PERIOD.
THE REMEDIES DESCRIBED ABOVE ARE YOUR SOLE AND EXCLUSIVE REMEDIES AND OUR ENTIRE OBLIGATION AND LIABILITY FOR ANY BREACH OF THIS LIMITED WARRANTY. OUR LIABILITY WILL UNDER NO CIRCUMSTANCES EXCEED THE ACTUAL AMOUNT PAID BY YOU FOR THE DEFECTIVE PRODUCT OR SERVICE THAT YOU HAVE PURCHASED THROUGH THE SITE, NOR WILL WE UNDER ANY CIRCUMSTANCES BE LIABLE FOR ANY LOSS OF PRODUCTION, WORK, DATA, USE, BUSINESS, GOODWILL, REPUTATION, REVENUE OR PROFIT, ANY DIMINUTION IN VALUE, COSTS OF REPLACEMENT GOODS FROM ANOTHER SELLER, OR ANY CONSEQUENTIAL, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES OR LOSSES, WHETHER DIRECT OR INDIRECT.
SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
10. INTELLECTUAL PROPERTY. “Intellectual Property” means any and all patents, copyrights, trademarks, trade names, trade secrets, and other proprietary rights of AIRS, and all applications and registrations therefore. You acknowledge that AIRS is the exclusive owner or licensee of all rights, title and interest in and to the Intellectual Property embodied in, related to, or associated with Goods. You agree not to disassemble or reverse engineer any of the Goods. You will immediately notify AIRS of any and all suspected infringements of any Intellectual Property which may come to your attention. AIRS will be responsible for taking any action to prevent infringement of Intellectual Property.
11. FORCE MAJEURE. AIRS will not be liable or responsible to you, nor be deemed to have defaulted or breached these Terms and Conditions, for any failure or delay in AIRS’s performance under these Terms and Conditions when and to the extent such failure or delay is caused by or results from acts or circumstances beyond AIRS’s reasonable control, including, without limitation, acts of God, flood, fire, earthquake, explosion, governmental actions, war, invasion or hostilities, terrorist threats or acts, riot or other civil unrest, national emergency, revolution, insurrection, epidemic, lockouts, strikes or other labor disputes (whether or not relating to AIRS’s workforce), or restraints or delays affecting carriers or inability or delay in obtaining supplies of adequate or suitable materials, materials or telecommunication breakdown or power outage.
12. GOVERNING LAW AND JURISDICTION. All matters arising out of or relating to these Terms are governed by and construed in accordance with the internal laws of the State of Michigan without giving effect to any choice or conflict of law provision or rule that would cause the application of the laws of any jurisdiction other than those of the State of Michigan. The parties agree that the United Nations Convention on Contracts for the International Sale of Goods does not apply to this Agreement.
13. DISPUTE RESOLUTION AND BINDING ARBITRATION.
(a)You and airs are agreeing to give up any rights to litigate claims in a court or before a jury or to participate in a class action or representative action with respect to a claim. Other rights that you would have if you went to court may also be unavailable or may be limited in arbitration.
Any claim, dispute, or controversy whether in contract, tort, or otherwise, whether pre-existing, present, or future and including statutory, consumer protection, common law, intentional tort, injunctive and equitable claims between you and airs arising from or relating in any way to your purchase of products or services through the site, will be resolved exclusively and finally by binding arbitration.
(b) The arbitration will be administered by the American Arbitration Association ("AAA") in accordance with the Consumer Arbitration Rules (the "AAA Rules") then in effect, except as modified by this Section. (The AAA Rules are available at www.adr.org/arb_med or by calling the AAA at 1-800-778-7879.) The Federal Arbitration Act will govern the interpretation and enforcement of this section.
The arbitrator will have exclusive authority to resolve any dispute relating to arbitrability and/or enforceability of this arbitration provision, including any unconscionability challenge or any other challenge that the arbitration provision or the Agreement is void, voidable or otherwise invalid. The arbitrator will be empowered to grant whatever relief would be available in court under law or in equity. Any award of the arbitrator(s) will be final and binding on each of the parties and may be entered as a judgment in any court of competent jurisdiction.
We will be responsible for paying any individual consumer's arbitration/arbitrator fees (but not for paying a consumer’s attorney’s fees).
(c) You may elect to pursue your claim in small-claims court rather than arbitration if you provide us with written notice of your intention do so within 60 days of your purchase. The arbitration or small-claims court proceeding will be limited solely to your individual dispute or controversy.
(d) You agree to an arbitration on an individual basis. In any dispute, NEITHER YOU NOR AIRS WILL BE ENTITLED TO JOIN OR CONSOLIDATE CLAIMS BY OR AGAINST OTHER CUSTOMERS IN COURT OR IN ARBITRATION OR OTHERWISE PARTICIPATE IN ANY CLAIM AS A CLASS REPRESENTATIVE, CLASS MEMBER OR IN A PRIVATE ATTORNEY GENERAL CAPACITY. The arbitral tribunal may not consolidate more than one person's claims, and may not otherwise preside over any form of a representative or class proceeding. The arbitral tribunal has no power to consider the enforceability of this class arbitration waiver and any challenge to the class arbitration waiver may only be raised in a court of competent jurisdiction.
If any provision of this arbitration agreement is found unenforceable, the unenforceable provision will be severed and the remaining arbitration terms will be enforced.
14. ASSIGNMENT. You will not assign any of your rights or delegate any of your obligations under these Terms and Conditions without AIRS’s prior written consent. Any purported assignment or delegation in violation of this Section 14 is of no legal effect. No assignment or delegation relieves you of any of your obligations under these Terms and Conditions.
15. NO WAIVER. The failure by AIRS to enforce any right or provision of these Terms and Conditions will not constitute a waiver of future enforcement of that right or provision. The waiver of any right or provision will be effective only if in writing and signed by a duly authorized representative of AIRS.
16. NOTICES.
(a) AIRS may provide any notice to you under these Terms by: (i) sending a message to the email address you provide or (ii) by posting to AIRS’s website. Notices sent by email will be effective when AIRS sends the email and notices AIRS provides by posting will be effective upon posting. It is your responsibility to keep your email address current.
(b) To give AIRS notice under these Terms and Conditions, you must contact AIRS as follows: (I) by personal delivery, overnight courier or registered or certified mail to AIRS, 1 State road, Newaygo, MI 49337; or (ii) by email to info@oxygenalarms.com. AIRS may update the contact information for notices to us by posting a notice on AIRS’s website. Notices provided by personal delivery or email will be effective immediately. Notices provided by facsimile transmission or overnight courier will be effective one business day after they are sent. Notices provided by registered or certified mail will be effective three business days after they are sent.
17. SEVERABILITY. If any provision of these Terms and Conditions is invalid, illegal, void or unenforceable, then that provision will be deemed severed from these Terms and Conditions and will not affect the validity or enforceability of the remaining provisions of these Terms and Conditions.