Aria Terms of Sale
EFFECTIVE AS OF AUGUST 26, 2020
ALL SALES OF PRODUCTS AND SERVICES BY ARIA HEALTH TO YOU AND YOUR USE OF SUCH PRODUCTS AND SERVICES ARE EXPRESSLY CONDITIONED ON YOUR ACCEPTANCE OF THE FOLLOWING TOS, AND ACCEPTANCE OF THE PRODUCTS BY YOU ARE AN ACCEPTANCE OF THE FOLLOWING TOS. “YOU” REFERS TO THE PURCHASER OF THE PRODUCTS AND SERVICES DIRECTLY FROM ARIA HEALTH AND/OR THE USER OF SUCH PRODUCTS OR SERVICES, AS APPLICABLE.
ORDERING FROM US
- You are deemed to place an order with us by ordering via our online checkout process. As part of our checkout process you will be given the opportunity to check your order and to correct any errors. We will send you an order acknowledgement detailing the Products you have ordered. Please note orders cannot be expedited after placed online.
- Our acceptance of an order takes place when we ship the order. We will send you a shipping confirmation by email. When we send the order the purchase contract will be complete, unless we have notified you that we do not accept your order, are unable to fulfill your order, or you have cancelled your order.
- We may refuse to accept an order:
- where Products are not available;
- where we cannot obtain authorization for your payment;
- if there has been a pricing or Product description error; or
- if you do not meet any eligibility criteria set out in our TOS, including designating a delivery address outside the United States, a P.O. Box or a state that Aria Health is not authorized to ship to, or
- if you are unable or unwilling to obtain a prescription for the Product(s) you are ordering.
- If we are unable to supply you with a Product, for example because that Product is not in stock or no longer available or because we cannot meet your requested delivery date or because of an error in the price on the Website, we will inform you of this by e-mail and we will not process your order. If you have already paid for the Products, we will refund you the full amount including any delivery costs charged as soon as possible.
- Please take the time to read and check your order at each page of the order process.
- Some Products purchased from Aria Health are medical devices regulated by the Food and Drug Administration (“FDA”). Sale in the United States of such Products require a medical prescription from an authorized medical authority.
- Prescriptions may be uploaded or faxed to us. Aria Health customer support are standing by to contact your health care provider or current supplier to obtain a copy of your prescription should you require this complimentary assistance. If we are unable to collect a valid prescription from you or on your behalf, you understand that we will be unable to process your order or supply you with the Product.
- Prices, offers, and Products are subject to availability and may change before (but not after) we accept your order. If something becomes unavailable we may offer you an alternative
- We accept payment by credit or debit card or such other means as may be specified on the Website. If you pay by credit or debit card, payment is authorized and deducted upon acceptance of your order. If you use another method of payment as offered on the Website, the time of payment may differ.
- Prices for our Products may change from time to time, but changes will not affect any order you have already placed.
- It is possible that, despite our reasonable efforts, some of the Products or Services on our site may be incorrectly priced. If we discover an error in the price of the Products or Services you have ordered we will contact you to inform you of this error and we will give you the option of continuing to purchase the Product at the correct price or cancelling your order. We will not process your order until we have your instructions. If we are unable to contact you using the contact details you provided during the order process, we will treat the order as cancelled and notify you in writing via email. Please note that if the pricing error is obvious and unmistakable and could have reasonably been recognized by you as a mispricing, we do not have to accept your request or provide the Products to you at the incorrect (lower) price.
- Delivery will be to the address specified on your order, which must be within the United States and states Aria Health is licensed to ship to. We do not deliver to PO boxes.
- The delivery charges specified as part of your order will apply.
- Once your order has been shipped from our warehouse, you will receive an automated email with the invoice and tracking reference, allowing you to track your order. Title to Products and risk of loss shall pass to you upon delivery of Products to the carrier at the point of shipment.
- We do everything we can to meet the delivery times specified in this section. However, occasionally delivery times may be affected by factors beyond our control and therefore they cannot be guaranteed.
- You must comply with all applicable laws and regulations of the United States. We will not be liable or responsible if you break any such law.
- It is your responsibility to inspect all Products promptly upon receipt for damage attributable to the carrier and to make claim directly to the carrier for such damage. The furnishing by Aria Health of a Product to Customer shall constitute acceptance of that Product unless written notice of shipping damage or quantity is received by Aria Health within ten (10) business days of delivery to Customer’s designated site, unless otherwise expressly agreed to by Aria Health.
- Product returns will not be accepted by Aria Health unless Aria Health’s written authorization has been obtained in advance in the form of a Return Material Authorization (“RMA”) number, and the items are received by Aria Health in their original condition. When returning Product, you are required to include a copy of the original invoice or packing slip to ensure prompt issuing of credits. The RMA number must be written on the documents enclosed and on the outside of the shipping box. All return shipments are to be paid by you. Aria Health provides a 30-day risk free trial period from date of shipment; subject to other conditions contained herein. During this period, you may return Product for full credit equal to the invoice price. Credit is not eligible for Product returned after 30 days from invoice date. This credit will be paid once Aria Health receives the Product back and the Product has been inspected to confirm all components are returned. If there are missing or damaged components, a partial credit may be given. This may take up to (ten) 10 business days after receipt of Product at Aria Health’s facilities.
Aria Health warrants that your Aria Health product shall be free from defects in material and workmanship from the date of purchase for the period specified in the following table:
Pump (including external power supply units)
Accessories – excluding single-use devices
- This warranty is only available to you as the initial consumer. It is not transferable.
- If the Product fails under conditions of normal use, Aria Health will repair or replace, at its option, the defective product or any of its components.
- This Limited Warranty does not cover: (i) any damage caused as a result of improper use, abuse, modification or alteration of the product; (ii) repairs carried out by any service organization that has not been expressly authorized by Aria Health to perform such repairs; and (iii) any damage or contamination due to cigarette, pipe, cigar or other smoke.
- Warranty is void on product sold, or resold, outside the United States.
- Warranty claims on defective product must be made by you at the point of purchase.
- This warranty replaces all other expressed or implied warranties, including any implied warranty of merchantability or fitness for a particular purpose. Some regions or states do not allow limitations on how long an implied warranty lasts, so the above limitation may not apply to you.
- Aria Health will not be responsible for any incidental or consequential damages claimed to have resulted from the sale, installation or use of any Aria Health product. Some regions or states do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation may not apply to you.
- This warranty gives you specific legal rights, and you may also have other rights which vary from region to region. For further information on your warranty rights, contact customer service.
- Products, or parts of Products, which have been subjected to abuse, misuse, accident, alteration, neglect, negligence, improper operation, unusual physical, thermal, or electrical stress, Acts of God or other acts not within the control of Aria Health are not covered by this Limited Warranty, and Aria Health shall have no obligation with respect to such Products or Parts of Products. If Aria Health determines that the Product is not covered by this Limited Warranty, then Aria Health reserves the right to charge you for repair or replacement of the Product, in addition to all shipping expenses. This Limited Warranty shall not apply to (i) disposable or single use items; (ii) use of the Product with components, accessories or parts other than those expressly approved by Aria Health for use with the Product; or (iv) defects caused by the effects of normal wear and tear.
- THE LIMITED WARRANTY SET FORTH IN THIS TOS IS EXCLUSIVE AND REPLACES ALL OTHER WARRANTIES OR REPRESENTATIONS, EXPRESS OR IMPLIED, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT. NO REPRESENTATION OR STATEMENT OF ARIA HEALTH MAY CHANGE OR ALTER THIS LIMITED WARRANTY, UNLESS SUCH STATEMENT IS MADE IN WRITING EXPRESSLY AUTHORIZED BY ARIA HEALTH.
- You agree to defend and indemnify Aria Health from and against any liability, damage, loss, or expense (including reasonable legal fees and expenses) in connection with any claims, suits, or proceedings arising out of or relating to the use of the Products, unless such claims, suits, or proceedings are the result of the sole gross negligence or willful misconduct of Aria Health.
- You understand that the Products are intended to be used on the advice of a trained medical professional and with a valid prescription for their use. Aria Health is not responsible for any health problems that may result from your use of the Products. If you experience a medical emergency, stop using the Products and consult with a medical professional.
- UNDER NO CIRCUMSTANCES WILL ARIA HEALTH BE LIABLE UNDER THIS TOS FOR ANY LOSS OF INCOME, LOSS OF PROFITS, LOSS OF CONTRACTS, LOSS OF DATA OR FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES OF ANY KIND, WHETHER ARISING FROM TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE. ARIA HEALTH’S TOTAL AGGREGATE LIABILITY UNDER THIS TOS SHALL UNDER NO CIRCUMSTANCES EXCEED THE AMOUNT PAYABLE BY YOU TO ARIA HEALTH FOR THE PRODUCTS OR SERVICES.
- The validity, interpretation, and performance of the TOS shall be governed by and construed under the applicable laws of the State of California as if performed wholly within the state and without regard to any conflict of laws principles.
- All notices, requests, claims, demands and other communications related to the TOS shall be in writing and shall be given by delivery in person, facsimile or by registered or certified mail (postage prepaid, return receipt requested) to the other party at, your billing address on record for communications from Aria Health to you, and to 7581 Convoy Ct, San Diego CA 92111 in the case of communications from you to Aria Health.
- Except as otherwise provided in the TOS, all disputes between the parties shall be determined solely and exclusively by arbitration under, and in accordance with the rules then in effect of, the American Arbitration Association, or any successors thereto (“AAA”), in Santa Barbara County, California, unless the parties otherwise agree in writing. The parties will jointly select an arbitrator. In the event that the parties fail to agree to an arbitrator within ten (10) days, then Aria Health shall select an arbitrator and you shall select an arbitrator and such arbitrators shall then select a third arbitrator to serve as the sole arbitrator, provided that if either you or Aria Health fail to select an arbitrator within seven (7) days, such arbitrator shall be selected by the AAA upon application of either you or Aria Health. Judgment upon the award of the agreed upon arbitrator or the so chosen third arbitrator, as the case may be, is binding and can be entered into by a court of competent jurisdiction.
- Aria Health owns or licenses all right, title, and interest in and to the Product trademarks, and other identifying marks and any associated goodwill (“Trademarks”). Aria Health does not grant and you do not receive any right, title or interest in or to any of the Trademarks by virtue of agreeing to the TOS. Aria Health and its licensors retain all proprietary rights in and to all designs, engineering details, and other technology and information related to the Products. The Products are offered for sale and are sold by Aria Health subject in every case to the condition that such sale does not convey and license, express or implied, to manufacture, duplicate, or otherwise copy or create derivative works based on the Products.
- Any failure of Aria Health to enforce at any time any of the provisions of this TOS, or to require your performance of your obligations under this TOS, will not in any way be interpreted as a waiver by Aria Health of such provisions.
- You may not assign or delegate your obligations under the TOS without Aria Health’s prior written consent.
- These terms and conditions constitute the entire agreement between the parties with respect to their subject matter and supersede any and all prior and contemporaneous representations, agreements, negotiations, advertisements, statements, or understandings, whether oral or written. No amendment to these terms and conditions shall be binding on Aria Health unless such amendment is in writing and executed by an authorized representative of Aria Health. Any document containing conflicting terms shall not take precedence over these terms and conditions, unless otherwise agreed to in writing by Aria Health.