Health Wealth Safe, Inc. (“HWS”) provides a host of remote monitoring devices such as cellular- or Bluetooth-enabled blood pressure cuffs, weight scales, and glucose meters (“Devices”). Once HWS gets written or verbal consent from a Participating Patient, HWS will work with the referring provider or care manager to determine which device is most suitable for the Participating Patient based on diagnosis. HWS will ship the Device(s) you order to the Participating Patient indicated on the relevant Order Form provided to you by HWS. The Device Terms & Conditions (“Terms”) below, in addition to the Software License & General Terms, and Data Monitoring and Medical Billing Terms & Conditions apply to your purchase of these Devices and form a binding agreement between you and HWS when you sign up for our Services.
Before reading below, please be sure you have read and agree to the terms of our Software License & General Terms, and Data Monitoring and Medical Billing Terms & Conditions, Capitalized terms not defined in these Terms are defined there and are applicable here.
a. Ordering Appropriate Device Under Care Plan. Customer is responsible for determining a patient’s care plan and ordering appropriate Devices, as well as determining which Device(s) to provide to each Participating Patient based on the care plan.
i. Change to the Care Plan. If Customer makes a change to a Participating Patient’s care plan, Customer is responsible for notifying HWS of such change within a reasonable amount of time and for ordering new Devices as needed.
b. Ordering Devices. Customer is responsible for submitting an Order Form to HWS for each new Participating Patient indicating the appropriate Device(s) to be provided. Customer may submit an order via the Order Form provided to Customer from time to time by HWS or via the HWS Platform (as available).
c. Return of Devices. Customer will return any unused Devices delivered under this agreement in accordance with HWS’s reasonable instruction.
2. HWS RESPONSIBILITIES.
a. Provision of Devices. HWS will provide the Customer with Devices that collect physiological data from Participating Patients. All provided Devices are approved by the U.S. Food and Drug Administration (“FDA”) and are cellular and/or Bluetooth compatible.
b. Shipping and Handling. HWS is responsible for shipping Device(s) to Participating Patients according to eachproperly submitted and accepted Order Form.
Shipping terms are Free On Board (“FOB”) Destination and Customer is not responsible for shipping costs.
a. Fees. HWS provides Devices at no up-front cost to the Customer, as HWS plans to recuperate that cost after a twenty-four (24) month period of time after seeking reimbursement for Services. The retail cost of the Device, including shipping and handling, is $100 USD per Device. Review the Software License & General Terms and Data Monitoring and Medical Billing Terms & Conditions, for additional payment terms.
b. Consignment. HWS will retain title of the Devices until they are purchased by the Customer or until the service contract ends.
c. Effect of Termination. To recuperate the cost of the Device in the case of early termination, HWS will collect the following fees from the Customer:
i. The Customer will pay 75% of the total cost of the Devices delivered to Participating Patients with
written notice that is less than thirty (30) days from the date of discontinuation of Services.
ii. The Customer will pay 50% of the total cost of the Devices delivered to Participating Patients with written notice that is less than one-hundred eighty (180) days from the date of discontinuation of
Services.
iii. The Customer will pay 25% of the total cost of Devices delivered to Participating Patients with written notice of fewer than three-hundred sixty-five (365) days from the date of discontinuation of Services.
iv. The Customer will pay 0% of the total cost of Devices delivered to Participating Patients with written notice of more than three-hundred sixty-five (365) days from the date of discontinuation of Services.
HWS expressly warrants to Customer that the Devices will materially conform to their published specifications and be reasonably free from defects in material and workmanship, not including reasonable wear and tear or loss, for a period of twelve (12) months commencing on the date of the delivery of any Device to Customer or a Participating Patient. This warranty only applies to Devices received from HWS and handled in the manner recommended by HWS. EXCEPT AS EXPRESSLY PROVIDED IN THESE TERMS, HWS DISCLAIMS ALL WARRANTIES. SEE Software License & General Terms AND Data Monitoring and Medical Billing Terms & Conditions, FOR EXPRESS WARRANTY DISCLAIMERS.
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