Terms and Conditions

Section 1             Standard Rental

Rental Charge(s)

1^st Week                                             $350.00 plus shipping

2^nd & 3^rd Week                                  $250.00 each week

Monthly                                            $1,500.00 plus shipping

Late Charges                                     $100.00 per day past rental return date

Batteries                                            $50.00 each per week

If additional equipment or accessories are provided or selected by customer, customer will pay additional rental charges as noted in Section 1.

Stipulated Equipment Value of Standard Rental Equipment:              $3,500.00

Section 2             Agreement to Rent

Travel Oxygen of LasVegas, LLC (hereinafter referred to as “Travel Oxygen of LasVegas”) agrees to rent to Customer (“Customer “ is defined as both the payer and the user of the equipment if not the same), and Customer agrees to rent from Travel Oxygen of LasVegas, the Portable Oxygen Concentrator package, hereafter designated Equipment, described above, and except as otherwise provided herein, will continue until the end of the Effective Dates of Rental.  The Customer agrees to use the Equipment as directed by Travel Oxygen of LasVegas.

Shipping Charge

Travel Oxygen of LasVegas will bill your credit card with the actual return shipping charges upon return of unit.  If you ship via another carrier or another FedEx air bill number, you must call Travel Oxygen of LasVegas before to notify us of the changes.

Standard Equipment Provided in Rental

a.       A/C, D/C and Airline Chargers

b.       Two (2) rechargeable batteries

c.       Users Guide

d.       Rolling cart and/or soft carry case

e.       Pulse Oximeter with Lanyard

Section 3             Terms

The terms of this Agreement begins on the Effective Date, as shown on this contract, and except as otherwise provided herein, will continue until the Equipment is returned to Travel Oxygen of LasVegas as noted in the terms of the effective date and return grace period.

Note:  Rental period begins when you receive the device and ends when Travel Oxygen of LasVegas receives the device back in our office.

Section 4             Payments

Rental Charges

Customer agrees to pay applicable rental charges and any other applicable fees IN ADVANCE.  A reserve is not a charge and Customer agrees to the acquisition of this reserve by signing this agreement.  The Customer will return the Equipment at the end of Rental Effective Date and will pay an equivalent daily rental rate based on the applicable rental rates for any time after the Effective Date.  Until Travel Oxygen of LasVegas receives the Equipment in good condition, the Customer shall remain bound by the obligations of this Agreement.

Other Costs

In addition to the applicable equipment rental charge and delivery, the Customer also agrees to be charged for any additional equipment selected above and for shipping.  The Customer agrees to pay Travel Oxygen of LasVegas any shipping costs for return of Equipment to Travel Oxygen of LasVegas’s designated location.  The shipping charges noted above are for shipment to our office in Las Vegas, NV, USA.

Test and (or) Repair Charge

If returned Equipment appears to be broken due to misuse, a test and repair charge of $50.00 may be charged for inspection, testing and minor repairs required to return the Equipment to service.  This charge will be payable at the end of this Agreement.  If the Equipment cannot be repaired, the Customer will be notified and will be responsible for the designated replacement cost of the Equipment.

Taxes and Fees

Customer will either pay directly for any taxes or governmental fees such as use, property, excise, customs duty or other taxes, licenses, fees, assessments, permits or commissioning and registration fees relating to the shipment, activation and rental of the Equipment. 

Reserve

Upon execution of this Agreement, a reserve equal to the Stipulated Equipment Value listed in Section 1 is acquired from Customer.  This reserve is cancelled upon receipt of the Equipment in good condition by Travel Oxygen of LasVegas at the end of this Agreement. Travel Oxygen of LasVegas will attempt to contact Customer for a period of two weeks after return date of Equipment listed on this Agreement.  If the Equipment is not returned and no alternate arrangements for return are made, Customer will forfeit the reserve.  Customer will be charged the Stipulated Equipment Value as well as any applicable late fees.

Section 5             Equipment Use

Site and Inspection

Customer shall be responsible for obtaining any license, permit or permission from any governmental or regulatory agency, which may be necessary for or imposed upon the operation of the Equipment.  The Customer will exercise due care in and will permit only qualified personnel to use and operate the Equipment and such use and operation shall be only according to the written instructions provided by Travel Oxygen of LasVegas.  Customer will not use or operate the Equipment in any illegal manner or for any illegal purpose nor in violation of any law ordinance or regulation.  The Customer will keep Travel Oxygen of LasVegas advised of the changes to the Specified Equipment’s condition.  The Customer will permit Travel Oxygen of LasVegas or its agent to inspect the Equipment during the term of this Agreement at any reasonable time.

Section 6             Warranty

Travel Oxygen of LasVegas warrants that each item of Equipment will be suitable for normal operation and use at time of delivery.  Travel Oxygen of LasVegas makes no other representation or warranty of any kind, expressed or implied, written or oral, as to any matters whatsoever.  Travel Oxygen of LasVegas disclaims any and all implied warranties of merchantability, or fitness for any particular purpose.

Section 7             Ownership and Security Interests

Ownership

Customer acknowledges that Travel Oxygen of LasVegas is and shall remain the owner of the Equipment until title is conveyed to the Customer by an attached separate sale agreement.  Customer will protect Travel Oxygen of LasVegas ownership rights against claims, liens and other encumbrances by Customer’s creditors or other claimants against Customer.  Customer will not remove, obliterate or obscure markings which identify Travel Oxygen of Vegas as owner of the Equipment.

Security Interest

Customer will execute and deliver to Travel Oxygen of LasVegas documents and forms, which are reasonably necessary or desirable to protect Travel Oxygen of LasVegas as owner of the Equipment.

Section 8             Risk of Loss

Risk of Loss

Customer will bear responsibility for all malfunctions, failures, damage to or loss of Equipment, except manufacturing defects ad normal wear and tear covered under Section 9.  In the event of any such damage or loss, Customer will promptly give Travel Oxygen of LasVegas notice thereof and Customer will elect one of the following options:

(i)                 Pay to Travel Oxygen of LasVegas an amount equal to the Stipulated Equipment Value or fraction thereof for the damaged or lost Equipment.  In such case, the rental charges and other obligations of the Customer shall continue until the payment is made.  After payment is made, this Agreement will terminate as to the Equipment involved; or

(ii)                Request that Travel Oxygen of LasVegas repair or replace the damaged or lost Equipment and pay to Travel Oxygen of LasVegas the cost of such repair or replacement.  If Travel Oxygen of LasVegas is unable to repair or replace the Equipment then option (i) shall apply.

Section 9             Maintenance

Normal Maintenance

Travel Oxygen of Vegas or its authorized agent will be the exclusive source to maintain the Equipment and will ensure the Equipment is in operational condition.  Customer will deliver the Equipment to Travel Oxygen of LasVegas or its agent for maintenance and Customer will pay all costs for shipment to Travel Oxygen or its agent and shall be liable for any loss or damage during transportation.  When available, and requested by the Customer, a replacement unit may be shipped to the Customer’s location, in which case the Customer will pay for the transportation and labor costs of Travel Oxygen of LasVegas or its authorized agent in accordance with the standard rates in effect.  Such maintenance will be provided without charge to Customer for malfunctions and failures due to manufacturing defects.  Maintenance required for other malfunctions and failure or damage such as caused by improper power source, abuse, accident, improper operation or abnormal conditions of operation is covered under Section 8.  If the Equipment is used overseas and consistent power supply is not available, a Customer provided auxiliary power generator should be considered.  The Customer will not open the Equipment electronics or enclosure housing, alter or repair or permit the alteration or repair of the Equipment, or make any attachments thereto, without the prior written approval of Travel Oxygen of LasVegas.

Section 10           Limitation of Liability and Indemnity

Limitation of Liability

In no event will Travel Oxygen of LasVegas be liable to the Customer for any incident, indirect or consequential damages however caused, whether by Travel Oxygen of LasVegas’s negligence or otherwise.

Indemnity

The Customer agrees to protect, indemnify and hold harmless Travel Oxygen of LasVegas from and against all claims, damages and costs including legal expenses arising out of the Customer’s use of this Equipment.

Section 11           Default

If Customer fails to perform any obligation when due under this Agreement, or otherwise defaults, Travel Oxygen of LasVegas has the right to terminate this Agreement forthwith by notice to the Customer.  Upon such termination, (i) the balance of the Gross Rental Amount will be due and payable immediately and, (ii) Travel Oxygen of LasVegas has the right, at its option, to take possession of and remove the Equipment from service immediately.  Any other damages or amount chargeable to the Customer shall be immediately due upon such termination.  If the Equipment is not immediately recoverable, the Customer will immediately forfeit the Stipulated Equipment Value.

Section 12           Assignment

The Customer shall not reassign this Agreement and the rights and obligations created hereunder without the prior written consent of Travel Oxygen of LasVegas.

Section 13           Notices

All notices and other communications required or permitted to the given under this Agreement will be in writing and will be effective when delivered personally, when sent by confirmed fax, US mail or certified courier addressed to the parties at their respective addresses set forth in this document, unless by such notice a different person or address shall have been designated.

Section 14           General

Early Returns

Under no circumstance will Customer be granted credit for unused time or early return of Equipment as it pertains to the Effective Date of rental.

Export Regulations

The Customer will not divert, export or re-export the Equipment to any country contrary to US export laws.

Excusable Delays

If Travel Oxygen of LasVegas’s performance of any obligation hereunder is delayed due to reasons beyond Travel Oxygen of Vegas’s reasonable control, including acts of God, the time for performance of such obligation will be postponed for a period equal to the number of days of such delay.  In no event will Travel Oxygen of LasVegas be liable for any damages resulting from any delay in the delivery of any Equipment or any delay in the performance of any maintenance.

Previous Agreements

The Agreement supersedes all prior and contemporaneous agreements and representations made with respect to the same subject matter, and is the entire Agreement between the parties.

Severability

In the event that any one or more provisions contained in this Agreement should, for any reason, be held to be unenforceable in any respect under the laws of the State of Nevada, or the United States, unenforceability shall not affect any other provisions of this Agreement, but this Agreement shall be construed as if such unenforceable provision had not been contained herein.

Controlling Law

All questions concerning the validity, operation, interpretation and construction of this Agreement will be governed by and determined in accordance with the laws of the State of Nevada.

Headings

The headings and titles to the sections and paragraphs of this Agreement are inserted for convenience only and will not be deemed a part hereof or affecting the construction or interpretation of any provisions hereof.

Counterparts

This Agreement may be executed in one or more counterparts, each of which shall be deemed to be an original copy hereof.

Further Assurances

The parties agree to perform all acts and execute all supplementary instruments or documents, which may be necessary to desirable to carry out the provisions of this Agreement.