AGREEMENT TO LEASE
OxiMedical agrees to lease to Client (“Client” is defined as both the payer and the user of the equipment if not the same), and Client agrees to rent from OxiMedical the portable concentrator package, for the amount of $395 down with a $200 refundable security deposit and $99/month charge for a 12 month lease term (hereafter designated Equipment) as detailed on Lease Invoice, and except as otherwise provided herein, will continue until the end of the Effective Dates of Lease. The Client agrees to use the Equipment as directed by OxiMedical.
- Client agrees that lease equipment will be used with reasonable care, not altered or modified, and returned in good condition (normal wear and tear excepted).
- Client agrees to promptly report to OXIMEDICAL any malfunctions or defects in the lease equipment so that repair/ replacement can be arranged.
- Client agrees to use the equipment for the purposes so indicated and in compliance with the physician’s prescription.
- Client agrees to keep the equipment in their possession.
- Client agrees to pay for the replacement cost of any equipment damaged, destroyed, or lost due to misuse, abuse, or neglect.
- Client agrees to keep the unit in a smoke-free environment at all times and agrees to pay for any nicotine or smoke odor damage.
- Client agrees not to modify the lease equipment without the prior consent of OXIMEDICAL.
- Client agrees that any authorized modification shall belong to the titleholder of the equipment unless equipment is purchased and paid for in full.
- Client agrees that title to the lease equipment and all parts shall remain with OXIMEDICAL at all times unless equipment is purchased and paid for in full.
- Client agrees that OXIMEDICAL shall not insure or be responsible to the client for any personal injury or property damage related to any equipment; including that caused by use or improper functioning of the equipment; the act or omission of any other third party, or by any criminal act or activity, war, riot, insurrection, fire, or act of God.
- Client agrees that any legal fees resulting from a disagreement between the parties shall be borne by the unsuccessful party in any legal action taken.