SLEEPSAFE® BEDS, LLC
TERMS & CONDITIONS OF SALE –EFFECTIVE 01/19
1. The following terms and conditions of sale (the "Terms of Sale") apply to orders placed with SleepSafe® Beds, LLC for all products and services except where specifically stated otherwise within these Terms of Sale.
2. The Terms of Sale describe the basis of which SleepSafe® Beds, LLC
enters into a contract to provide goods or services to the Customer.
3. SleepSafe® Beds, LLC reserves the right to change its Terms of Sale at any time.
Any changes will be effective from the date of publication on the SleepSafe® Beds, LLC website (SleepSafeBed.com).
4. Customers should ensure they understand and accept these Terms of Sale before placing an order. If there are any questions, Customers are invited to contact us for clarification prior to ordering.
DEFINITIONS
1. The contract is with SleepSafe® Beds, LLC. The terms "the Company", "we", and "us" are used for convenience and should be construed accordingly.
2. The term "Customer" (e.g. DME - Durable Medical Equipment provider) is used to include the legal entity that places the order, or person who places the order, and any other agent expected to have the authority regarding any sales issue in question.
LAW
1. Transactions shall be governed in all respects by the laws of the State of Virginia. All actions relating to any claim by Company or Customer shall be brought exclusively in the Courts having a situs in the State of Virginia, County of Henry, without regard to any courts in any other jurisdiction.
QUOTATION
1. Quotations are submitted, and orders are only accepted subject to the terms and conditions of sale that follow. These terms and conditions of sale supersede any prior buyers’ terms and conditions.
2. Quotations are valid for thirty days. Prices will be honored during this period.
3. Quotations may or may not include delivery charges. Delivery charges will be confirmed at the time of sales order confirmation.
ORDERING
1. All SleepSafe® Beds are special-order items. All orders are subject to production times and confirmed upon order confirmation. Typical production time for SleepSafe® Beds, LLC products is 7 to 10 working days.
2. It is the responsibility of the Customer and Customer agent (e.g.ATP- Assistive Technology Professional) to consult with caregivers, therapists, and physicians, to medically diagnose and prescribe the appropriate SleepSafe® Bed for the person who will be using the bed. SleepSafe® Beds, LLC is not authorized to prescribe or recommend our products and must rely on our Customers for accurate orders.
3. We reserve the right to discontinue or modify any product without notice, either temporarily or permanently. We are not liable for any modification or discontinuation of any product or product feature.
4. Matching color finishes: Items made from natural products, such as wood and fabric, are not guaranteed to have the exact color, shade, or finish as items viewed at the factory, Customer showroom, Customer website, or Company website, due to the inherent nature of such products. The reproduction of colors on printed materials and website cannot be perfect but is as accurate as photographic and publishing processes allow. Please note: wood and fabric samples are a representation of the finish and color only.
5. We cannot guarantee an exact match to product color features which have been ordered at different times.
PAYMENT
1. Payments are accepted by check, and all major credit cards.
2. Invoices for established Customers have a two-tier discount. The second discount will be forfeited if the invoice is not paid within terms.
3. Accounts not paid within terms are subject to a 1.5% monthly (18% annually) finance charge.
4. Delinquent Customer accounts are subject to suspension until payment arrangements are made with the Company.
5. All orders received while Customer account is in a suspend status will be held until account is within terms.
SHIPPING
1. The cost of shipping a SleepSafe® Beds, LLC bed order is included for all shipments within the 48 contiguous states.
2. As a service to our Customers, SleepSafe® Beds, LLC will provide a quote, upon request, for the shipping of orders that do not meet standard criteria. i.e. part orders that are not covered by the 1st year warranty; orders that need to be shipped to Alaska, Hawaii, or Canada, etc.
3. Ownership of the product transfers to the Customer upon the freight carrier taking possession of the order for transport. Therefore, responsibility for damage occurring in- transit is the owner’s and claims for freight damage must be made upon receipt.
4. Freight claims must be filed directly with the selected carrier by the Customer. The Company is not responsible for a Customer’s own, or third-party, freight damage when transporting to their Customer as a distributor of the Company’s product.
DELIVERY / SETUP FOR SLEEPSAFE® BEDS
1. The Company works with its Customers, typically Durable Medical Equipment (DME) providers across the United States and Canada to deliver, assemble and install its bed products.
2. The following information is designed as a checklist for our partners to review before the Company’s products are delivered.
• The property of the shipping location must be in suitable condition to allow delivery.
• The property must be free from any relevant health and safety hazards. Any flooring, carpeting, electrical, plumbing or additional work in the areas where items are to be delivered must be completed.
• There must be adequate space within the property to deliver and install the bed.
• Customers are responsible for checking the dimensions of items ordered to ensure there is adequate space for access in elevators, staircases, hallways, and doorways.
• Assure there is enough space where the bed is to be assembled.
• All staircases and lifts to be used for access to the property must be accessible and available throughout the scheduled delivery time.
• If the delivery personnel believe the delivery of an item may cause damage to the item or property or infringe Health & Safety regulations, they will inform the Customer. In such circumstances, SleepSafe® Bed, LLC will not be liable for any damage to the item or the Customer's property during installation. We reserve the right to decline or complete the delivery. Further charges may be incurred for a second delivery.
SIGNATURES
1. When Customer delivery personnel is on site, the receiving person is required to sign, confirming the satisfactory receipt of goods. If receiving person is dissatisfied with the delivered items, this should be recorded by the delivery personnel and the Company should be informed immediately. Likewise, any rejected or missing items should be recorded by the delivery personnel and communicated back to the Company.
2. If no one is available to review shipment and sign a satisfactory receipt, the Customer acknowledges this at their own risk and the Company will not be held responsible for any damage or missing items.
PACKAGING AND WASTE
1. As part of the delivery service, personnel will remove product packaging. The Company recommends saving the 4 cardboard stands provided to assemble the bed in case it needs to be disassembled and moved at a later time.
2. The bed’s packaging waste will be removed for recycling or disposal. This does not include removal and disposal of any waste, or discarded bed.
