1.   ACKNOWLEDGMENTS.

YOU ACKNOWLEDGE THAT HELPBAG, LLC (HEREINAFTER "HELPBAG") HEREBY ADVISES YOU THAT PROPER TRAINING IS NECESSARY FOR THE USE OF THE EQUIPMENT CONTAINED IN THE HELPBAG, AND THAT TRAINING AND CERTIFICATION MAY BE REQUIRED BY THE APPLICABLE STATE, COUNTY, OR LOCAL MUNICIPALITY.  THE EQUIPMENT CONTAINED IN THE HELPBAG IS INTENDED TO BE USED BY THE LAY PUBLIC WHO HAVE BEEN TRAINED IN THEIR USE.  YOU ARE ENCOURAGED TO CONTACT YOUR LOCAL AMERICAN RED CROSS OR AMERICAN HEART ASSOCIATION FOR CPR AND AED TRAINING.  IN AN EMERGENCY YOU ARE ADVISED TO CALL 911 IMMEDIATELY.  YOU ACKNOWLEDGE THAT YOU HAVE BEEN ADVISED TO CONSULT WITH YOUR OWN ADVISORS WITH RESPECT TO APPLICABLE GOOD SAMARITAN (MEDICAL ASSISTANCE LAWS) AND OTHER PUBLIC HEALTH LAWS IN YOUR STATE, COUNTY AND LOCAL MUNICIPALITY PRIOR TO YOUR USE OF ANY OF THE EQUIPMENT CONTAINED IN THE HELPBAG.  YOU ACKNOWLEDGE THAT YOU HAVE BEEN ADVISED TO READ THE INDIVIDUAL INSTRUCTIONS, TERMS, CONDITIONS, DOCUMENTATION, LIMITED WARRANTY, AND DISCLAIMERS ASSOCIATED WITH EACH COMPONENT CONTAINED IN THE HELPBAG.   YOU ACKNOWLEDGE THAT HELPBAG HAS PROVIDED YOU WITH THE CUSTOMER PRESCRIPTION ORDER FORM, AND THAT IT IS YOUR RESPONSIBILITY TO PROMPTLY COMPLETE THE FORM AND MAIL IT IN THE ENVELOPE PROVIDED TO HEARTSINE.

 

2.    MANUFACTURER'S LIMITED WARRANTY.

HELPBAG DOES NOT IN ANY MANNER MANUFACTURE ANY OF THE COMPONENTS AND ITEMS CONTAINED IN THE HELPBAG AND DOES NOT OFFER ANT TYPE OF WARRANTY.  TO THE EXTENT THE MANUFACTURERS OF SUCH ITEMS MAY OFFER A LIMITED WARRANTY, IF ANY, FOR THEIR MANUFACTURED COMPONENT, AND SUCH LIMITED WARRANTY IS EXTENDED TO THE USER OF THE PRODUCT, THE USER MAY HAVE A LIMITED WARRANTY AS TO SUCH INDIVIDUAL COMPONENT.  YOU ARE ADVISED TO REVIEW ALL DOCUMENTATION PROVIDED WITH EACH COMPONENT OF THE HELPBAG TO ASCERTAIN WHETHER ANY LIMITED WARRANTY IS PROVIDED BY THE MANUFACTURER, AND IF SO, TO READ THE REQUIREMENTS AND LIMITATIONS OF THE SAME.  ANY CLAIMS INCLUDING, BUT NOT LIMITED TO, BREACH OF WARRANTY, BREACH OF CONTRACT, STRICT LIABILITY, OR TORT CLAIMS MUST BE ASSERTED AGAINST INDIVIDUAL COMPONENT MANUFACTURER SOLELY.  HELPBAG IS NOT TO BE NAMED AS A PARTY IN SUCH CLAIM.

 

 3.   REFUND POLICY.

IF ANY OF THE ITEMS IN THE HELP BAG ARE DAMAGED, DEFECTIVE, OR IF THERE IS AN ERROR WITH YOUR ORDER, PLEASE CALL US AT 1-877-818-1033 IMMEDIATELY TO OBTAIN A RETURN AUTHORIZATION.  ITEMS RETURNED WITHOUT A PRIOR AUTHORIZATION WILL NOT BE ACCEPTED.   THE 15 DAY RETURN POLICY IS AS FOLLOWS:

YOU MAY RECEIVE A REFUND OR CREDIT ON MOST ITEMS WITHIN 15 DAYS OF DELIVERY.  ITEMS MUST BE IN THEIR ORIGINAL PACKAGING.  ITEMS RETURNED TO US BEYOND 15 DAYS WILL NOT BE ACCEPTED.

THE DEFIBRILLATOR MUST BE RETURNED IN THE SAME CONDITION IN WHICH IT WAS RECEIVED.  IF THE DEFIBRILLATOR BATTERY IS INSTALLED, OR IF THE PAD PACKS HAVE BEEN OPENED, THE DEFIBRILLATOR IS NOT REFUNDABLE.  OXYGEN TANKS ARE NOT REFUNDABLE IF THE SEAL ON THE TANK HAS BEEN BROKEN.  ALL RETURNS OF OXYGEN TANK MUST BE SHIPPED IN ACCORDANCE WITH HAZMAT SHIPPING REQUIREMENTS.

      

SHIPPING AND INSURANCE COSTS ON RETURNED ITEMS ARE THE RESPONSIBILITY OF THE CUSTOMER  FOR YOUR PROTECTION, WE URGE YOU TO SHIP RETURNS INSURED USING A REPUTABLE CARRIER WHO WILL ISSUE A TRACKING NUMBER FOR THE SHIPMENT.  HELPBAG IS NOT RESPONSIBLE FOR CUSTOMER RETURNS THAT ARE LOST OR DAMAGED DURING SHIPPING.  ALL RETURNS SHALL BE INSPECTED BY HELPBAG TO INSURE ITS FUNCTIONALITY AND FULL WORKING ORDER PRIOR TO MAKING ANY REFUND.

 

 

4.      WARRANTY DISCLAIMER AND LIMITATION OF LIABILITY.

HELPBAG MAKES NO REPRESENTATIONS OR WARRANTIES WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED OR OTHER WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR ANY OTHER TYPE OF WARRANTY.  WITHOUT LIMITING THE FOREGOING, HELPBAG EXPRESSLY DISCLAIMS ANY LIABILITY WHATSOEVER FOR ANY DAMAGES INCURRED, DIRECTLY OR INDIRECTLY, IN CONNECTION WITH THE PRODUCTS, INCLUDING WITHOUT LIMITATION, DAMAGES ARISING FROM PERSONAL INJURY, SPECIAL, EXEMPLARY, INCIDENTAL OR CONSEQUENTIAL DAMAGES, WHETHER CAUSED BY HELPBAG'S NEGLIGENCE, DELAYS IN SHIPMENTS OR OTHERWISE.

 

IN NO EVENT SHALL HELPBAG'S TOTAL AGGREGATE LIABILITY ARISING OUT OF OR RELATING TO THIS AGREEMENT, THE PRODUCTS, DOCUMENTATION OR SERVICES (INCLUDING, BUT NOT LIMITED TO, CLAIMS FOR NEGLIGENCE, STRICT LIABILITY, BREACH OF CONTRACT, MISREPRESENTATION, INFRINGEMENT OR OTHER CONTRACT OR TORT CLAIMS) EXCEED IN THE AGGREGATE $1,000.00  OR THE AMOUNT PAID TO HELPBAG, WHICHEVER IS GREATER.   SOME STATES DO NOT ALLOW  THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY OR MAY NOT APPLY TO YOU.

 

5.       SEVERABILITY.

ANY PROVISION HEREIN IS HELD TO BE INVALID, ILLEGAL OR UNENFORCEABLE FOR ANY REASON OR IN ANY RESPECT WHATSOEVER, SUCH INVALIDITY, ILLEGALITY OR UNENFORCEABILITY SHALL NOT AFFECT ANY OTHER PROVISIONS HEREIN, AND THESE TERMS AND CONDITIONS SHALL BE CONSTRUED AS IF SUCH INVALID, ILLEGAL OR UNENFORCEABLE PROVISION HAD NEVER BEEN CONTAINED HEREIN.

 

6.      JURISDICTION.