Please review the terms below. You will receive the final Hyperbaric Chamber Purchase Agreement, completed with your quote details, for signature by your authorized representative and your licensed provider before any order is finalized.
1. Product
Seller (Peak Muscle Recovery) will sell Buyer the hyperbaric chamber and accessories listed in Buyer's quote (the "Product"), manufactured by a third-party manufacturer (the "Manufacturer"). The quote's price, shipping, installation and delivery terms become part of the agreement.
2. Business purchase only
Buyer represents that it is a business purchasing the Product for use at its commercial facility, and not for personal, family or household use. Buyer will not resell the Product to any individual for personal or residential use.
3. Prescription device acknowledgment
Buyer acknowledges that hyperbaric chambers are regulated in the United States as prescription medical devices, and that the Product is purchased on the authority of the licensed healthcare provider or medical director named in this request, who will oversee its use. Buyer will notify Seller if this provider changes before delivery.
4. Buyer's operating responsibilities
As owner and operator of the Product, Buyer is solely responsible for: (1) screening every user for contraindications under its provider's direction before use; (2) operating the Product only as stated in the Manufacturer's instructions, labeling and safety guidelines; (3) training and supervising all staff who operate the Product, and never leaving a pressurized chamber unattended where the Manufacturer requires supervision; (4) fire and oxygen safety, including keeping ignition sources, heat sources and non-approved electronics out of and away from the Product; (5) site preparation, installation, electrical work, permits, and compliance with all federal, state and local laws, codes and licensing rules that apply to its facility and services; (6) routine inspection, maintenance and replacement of parts and consumables as the Manufacturer directs; and (7) its own marketing, client agreements and any claims it makes about the Product or its services.
5. No medical claims by Seller
Seller makes no representation that the Product diagnoses, treats, cures, mitigates or prevents any disease or condition, or produces any health, recovery or performance outcome. Buyer has not relied on any such statement in deciding to buy.
6. Warranty
The Product carries only the Manufacturer's written warranty, which Seller will pass through to Buyer to the extent permitted. EXCEPT FOR THAT PASS-THROUGH, SELLER SELLS THE PRODUCT "AS IS" AND DISCLAIMS ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. Seller will reasonably help Buyer submit warranty claims to the Manufacturer.
7. Inspection on delivery
Buyer will inspect the Product within five (5) business days of delivery and report visible damage or missing parts in writing within that period.
8. Insurance
Before shipment and for as long as Buyer operates the Product, Buyer will keep commercial general liability insurance of at least $1,000,000 per occurrence and $2,000,000 aggregate, and professional liability insurance covering services that use the Product if Buyer provides health or wellness services. Buyer's general liability policy will name Peak Muscle Recovery as an additional insured, and Buyer will deliver a certificate of insurance before shipment.
9. Indemnification
Buyer will defend, indemnify and hold harmless Seller and its owners, employees and agents from all claims, losses, damages, costs and reasonable attorneys' fees arising from: (1) Buyer's ownership, installation, operation, maintenance, modification or supervision of the Product; (2) any use of the Product by Buyer's staff, clients or other third parties; (3) Buyer's breach of the agreement or of any law; and (4) any statement Buyer makes about the Product or its services. This does not cover claims caused solely by Seller's own gross negligence or willful misconduct.
10. Limitation of liability
To the fullest extent permitted by law, Seller is not liable for indirect, incidental, consequential, special or punitive damages, or for lost profits or business interruption. Seller's total liability arising from the agreement will not exceed the amount Buyer paid Seller for the Product.
11. Risk of loss and title
Risk of loss passes to Buyer on delivery to the facility address. Title passes on full payment.
12. Governing law and venue
Washington law governs the agreement. Any dispute will be brought in the state or federal courts located in Pierce County, Washington.
13. Entire agreement
The signed purchase agreement and the referenced quote are the entire agreement between the parties and replace any prior statements about the Product. Changes must be in writing and signed by both parties. If any term is unenforceable, the rest remains in effect.
