Terms of Sale or Rental
SCOPE OF WORK Mountain Air Health, Inc., also operating under the brand names Mountain Air Cardio and MountainAir® (COMPANY), will provide the Equipment and services selected on our website check-out or as indicated on a signed and accepted purchase order.
TERMS OF PAYMENT In the case of a product sale, 100% of the total amount is due and payable with the order. The ownership and title to Equipment pass to Buyer upon shipment.
In the case of a rental, the first 4 weeks are due and payable with the order and then with subsequent rental periods thereafter. If the Buyer decides to return the Equipment at the end of the rental term, the return freight charges are paid by the Buyer. If the Buyer decides to exercise their option to purchase the Equipment at the end of the rental term, any amounts paid in rent may be used to offset the purchase price (up to a maximum 8 weeks of rental fees can be used to offset the purchase price).
TAXES Buyers may be assessed local or state sales taxes as required by law. Buyers outside the United States may be assessed customs, duties and/or taxes by their local governments as required by law. In that case, Buyers will pay applicable duties and/or taxes to the shipping company prior to goods being released.
USE OF THE EQUIPMENT COMPANY makes no representation or warranty that the Equipment is suited for the treatment, prevention or alleviation of any medical condition.
Electrical Specifications – Standard household current
To power the system, the system requires one 120 VAC 60 Hz. or 220 VAC 50 Hz power outlet for the controller and vent fan (if so equipped).
Additionally, one 120 VAC 60 Hz or 220 VAC 50 Hz power outlet for the air unit is required. The circuit must be sized appropriately for the required amperage. The air unit requires 5 amps when running, 7 amps at start-up. The customer agrees that they are responsible for electrical power.
Room Specifications – Temperatures between 40-85 F and < 70% relative humidity
For effective air separation and long life of the system, air units must be operated within environmental limits. The customer will provide a room that is clean, dry, and free of pollutants, odors, particulate matter, radon, etc. with temperatures that remain within 40-85 Degrees F and less than 70% relative humidity. Ventilation or air conditioning may be needed to keep the room at these conditions with the air unit generating up to 2,000 BTUs or 550 watts of heat.
MEDICAL DISCLAIMER The statements made on COMPANY’S website, operating manuals, and advertising materials are not intended to be a substitute for individualized, professional medical advice. Users should seek their own professional counsel for any medical condition or before starting any weight loss or cardio improvement plan. Mountain Air Health products are not FDA Certified and should be considered a wellness product only.
CONTRAINDICATIONS Users with hard-to-control hypertension, heart failure, obesity hyperventilation syndrome, symptomatic coronary disease, severe obstructive sleep apnea (OSA), chronic obstructive pulmonary disease (“COPD”), cardiac arrhythmia, lung disease, sickle cell disease, patients who require oxygen therapy, or women who are or who may be pregnant should not use MountainAir®.
LIMITED 12-MONTH WARRANTY and LIMITATION OF LIABILITY AND DAMAGES Subject to the terms, conditions, and limitations set forth below, COMPANY warrants to Buyer that the Equipment shall be free of all defects in material and workmanship for a period of 12-months from the date of delivery of the Equipment and COMPANY will repair or replace any defective Equipment without charge to the Buyer for either parts or labor. In the case of replacement of defective Equipment, Buyer shall return the defective equipment to COMPANY. The above limited warranty is a complete and exclusive statement of COMPANY’s warranty obligations and is in lieu of, and Buyer hereby waives and COMPANY disclaims, all other remedies, liabilities, obligations, guarantees and warranties. No further obligation or liability shall be incurred by COMPANY, its members or employees for any injury, or loss of any kind for any reason. No agent or representative of COMPANY has any authority to bind COMPANY to any representation or warranty concerning the Equipment. Buyer acknowledges and affirms that the purchase price agreed for the Equipment has been agreed in consideration for this limitation of COMPANY’s liability. Any implied warranty applicable to the Equipment is limited in duration to 12-months from the date of delivery of the Equipment and subject to the above limitations on, and exclusions of, remedies and damages. COMPANY’s liability shall not, in any event, exceed the amount of the purchase price for the Equipment. Under no circumstances shall COMPANY be liable for incidental or consequential damages.
Note: the following actions may void the above product warranty – tampering or alteration of Equipment or system configuration, failure to maintain the Equipment, or replace fine filters (annually), or coarse filters (twice/month) and compressors and molecular sieves after each 10,000 hours of use, or operating the Equipment outside the recommended parameters for heat (40-85 F) and humidity (<70% RH).
This warranty does not cover damage to the Equipment caused by abuse or misuse, lack of maintenance, water, power surge, excessive heat or humidity, environmental causes, or acts of God.
HIPAA AUTHORIZATION Buyer hereby authorizes the use or disclosure of my protected health information in the form of data logging of Equipment performance and that all past, present, and future periods of data logging may be shared for the purpose of system validation and future testing and development. Buyer understands that the information used or disclosed under this Authorization Paragraph may be subject to re-disclosure by the person(s) or facility receiving it and would then no longer be protected by federal privacy regulations.
GENERAL LIABILITY RELEASE OF CLAIMS Buyer hereby releases and forever discharges COMPANY, their agents, employees, successors and assigns, and their respective heirs, personal representatives, affiliates, successors and assigns, and any and all persons, firms or corporations liable or who might be claimed to be liable, whether or not herein named, from any and all claims, demands, damages, actions, causes of action or suits of any kind or nature whatsoever, whether known or unknown, fixed or contingent, which now have or may hereafter have or claim to have, as a result of or in any way relating to any physical injury or death as a result of using the Equipment.
GOVERNING LAW AND ARBITRATION, JURISDICTION AND VENUE The governing law of this Agreement shall be the substantive law of the State of Colorado (USA) without giving effect to principles of conflict of laws. The parties hereby agree that to the fullest extent allowed by applicable law, all controversies, disputes, claims, and/or differences arising out of or in connection with this Agreement (including any question regarding its existence, validity, or termination, and including also any question concerning the scope of this arbitration provision), whether during or after the term of this Agreement, shall be referred to and finally resolved by binding arbitration in English in the City of Boulder, State of Colorado, United States of America by the American Arbitration Association. The Award of the arbitrator(s) shall be final and binding on the parties.
The parties hereby consent to the jurisdiction and venue of the Courts of the State of Colorado in Boulder County, Colorado, United States of America, in the event of any litigation and each party hereby irrevocably waives the right to a jury trial in such litigation. The prevailing party in any dispute, whether resolved by arbitration or litigation, shall be awarded its reasonable costs and expenses, including reasonable attorneys’ fees, incurred in connection with such dispute. I hereby irrevocably waive the right to a jury trial in such litigation.
ENTIRE AGREEMENT This Agreement along with any exhibits, addenda, and amendments hereto, encompasses and constitutes the entire agreement between the parties and supersedes any prior or contemporaneous oral or written agreements, communications or representations and understandings relating to the Equipment. If this terms of sale agreement conflicts with any other contract between the parties then the terms of this agreement shall prevail.
Mountain Air Health, Inc.
637-B South Broadway
#109
Boulder, Colorado 80305 USA
+1.720.432.6305
info@mountainairhealth.com
