ResMed Shop Terms of Sale

EFFECTIVE AS OF MARCH 16, 2021


Welcome to the ResMed Shop Terms of Sale (“Terms of Sale”). In these Terms of Sale, the terms "you" and "yours" refer to the person using this Website. The terms "we," "our," "us" and "Expedite" collectively refer to Expedite, LLC., a Delaware limited liability company headquartered in California, its parent ResMed Inc., a Delaware corporation, headquartered in California, and their affiliates, organized under the laws of various states and countries and operating in California, the United States or in other jurisdictions. This page (together with our Privacy Policy and Terms of Use) gives you information about us and the legal Terms of Sale under which we sell any of the products listed on our website shop.resmed.com (“the Website”) (“Products”), along with any services related to the Products (“Services”). Depending on your method of purchase, additional terms may also apply. Those terms will be presented to you at the time that you make your purchase.

ALL SALES OF PRODUCTS AND SERVICES BY EXPEDITE TO YOU ARE EXPRESSLY CONDITIONED ON YOUR ACCEPTANCE OF THESE TERMS OF SALE, AND ACCEPTANCE OF THE PRODUCTS OR SERVICES BY YOU IS AN ACCEPTANCE OF THE TERMS OF SALE.

PLEASE NOTE THAT THIS AGREEMENT CONTAINS A MANDATORY ARBITRATION OF DISPUTES PROVISION THAT REQUIRES THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS OR CLASS ACTIONS, TO THE EXTENT PERMITTED BY APPLICABLE LAW.

You acknowledge that some Products purchased from the Website 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. You agree that you will not sell or transfer the Products to any other person. You agree to comply with all state, federal, and foreign government laws and regulations governing the provision of medical devices. By accepting these Products, you certify you shall use the Products in full compliance with all applicable laws and regulations, including all state and federal regulations.

A PRESCRIPTION MAY BE REQUIRED FOR THE SALE OF PRODUCTS LISTED ON THE WEBSITE. FAILURE TO PROVIDE A REQUIRED PRESCRIPTION WHEN REQUESTED WILL VOID THE SALE.

ResMed products can only be sold to end users residing in the U.S. and not to other 3rd parties or businesses.


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 being placed.

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 fulfil 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;
  • if you do not meet any eligibility criteria set out in the Terms of Sale, including designating a delivery address outside the United States, a P.O. Box or a state that Expedite is not authorized to distribute medical devices to, or if you are unable or unwilling to obtain a prescription, or to provide Expedite with a copy of the prescription, for the Product(s) you are ordering; or
  • you are otherwise in violation of these Terms of Sale.

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.


Prescription requirements

Some Products purchased from Expedite 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. Expedite 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.


Pricing and payments

All prices are in US Dollars. Prices shall be those published on the Website at the time that you place your order. Prices published on the Website are exclusive of sales tax, shipping and handling costs and fees which will be calculated separately, as applicable to your order. The total price stated during our online checkout process will be the total amount payable by you for the Products included in your order, including all applicable taxes, handling and shipping charges.

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. As a convenience to our customers, we may offer financing of your order through a third-party finance provider. If you choose to use a third-party financing option, your payment will be subject to the finance provider’s terms and conditions which will be provided to you when you select that payment method.

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.


Shipping and delivery

When placing an order on the Website, you will be asked to select a shipping method. Shipping methods and rates are determined according to the following table:

Shipping method

Rate*

Estimated delivery time

Carrier**

Ground

$5.00

5 to 8 business days

Fedex

Ground - order over $50

Free

5 to 8 business days

Fedex

Express

$15.00

2 to 3 business days

Fedex

Express - order including AirMini device(s)***

Free

2 to 3 business days

Fedex

Priority Express

$40.00

1 to 2 business days

Fedex

*All rates are shown in US Dollars and subject to change
**Expedite may substitute another carrier at our discretion
***Orders that include the purchase of an AirMini device

Delivery will be to the address specified on your order, which must be within the United States and in a state where Expedite is licensed to distribute medical devices. We do not deliver to PO boxes.

The delivery charges specified as part of your order for your selected shipping will apply. Delivery charges will be disclosed in your cart prior to you placing your order.

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 take reasonable efforts 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.


Returns and exchanges

All Product returns are governed by Expedite’s Return Policy.


ResMed Manufacturer's Warranty

ResMed warrants ResMed branded products purchased through the Website as set forth on the warranty statement supplied with the product, or as may be stated on ResMed’s webiste at www.ResMed.com (“ResMed Manufacturer’s Warranty”). THE LIMITED RESMED MANUFACTURER’S WARRANTY SET FORTH IN THIS SECTION IS EXCLUSIVE, NON TRANSFERABLE AND REPLACES ALL OTHER WARRANTIES OR REPRESENTATIONS MADE BY RESMED, EXPRESS OR IMPLIED, OF ANY TYPE WHATSOEVER, INCLUDING BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT. NO REPRESENTATION OR STATEMENT OF RESMED MAY CHANGE OR ALTER THIS RESMED MANUFACTURER’S WARRANTY.


Expedite Extended Warranty; Warranty Disclaimers

For an additional fee, Expedite provides a non-transferrable, limited warranty for AirMini devices (“AirMini”) to customers who originally purchase an AirMini from Expedite (“Expedite Extended Warranty”). You will be prompted to add extended warranty coverage to your AirMini during check out. If you choose to purchase an extended warranty, Expedite will warrant AirMini devices against defects in materials and workmanship under normal and proper use and maintenance in accordance with applicable instructions following the expiration of the original ResMed Manufacturer’s Warranty for the duration of the purchased warranty (either one (1), two (2), or three (3) years), subject to the exclusions below:

  • Any purchased Expedite Extended Warranty is only available to you as the initial consumer. It is not transferable.
  • If your AirMini fails under conditions of normal use during the period of a purchased Expedite Extended Warranty, Expedite will repair or replace, at its option, the defective product or any of its components including replacement with refurbished product or components.
  • The Expedite Extended 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 Expedite to perform such repairs; and (iii) any damage or contamination due to cigarette, pipe, cigar or other smoke.
  • If you wish to make a claim under the Expedite Extended Warranty, you may do so by contacting our customer service team.
  • The Expedite Extended Warranty replaces all other expressed or implied warranties made by Expedite related to AirMini, 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.
  • The Expedite Extended 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, please contact our customer service team.
  • AirMini devices that 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 Expedite are not covered by the Expedite Extended Warranty, and Expedite shall have no obligation with respect to such AirMini devices. If Expedite determines that your AirMini device is not covered by the Expedite Extended Warranty, then Expedite reserves the right to charge you for repair or replacement of the AirMini device, in addition to all shipping expenses. The Expedite Extended Warranty shall only apply to eligible AirMini devices, and shall not apply to (i) disposable or single use items; (ii) use of the AirMini device with components, accessories or parts other than those expressly approved by Expedite for use with AirMini; or (iii) defects caused by the effects of normal wear and tear.

The following disclaimers apply to all products sold on the Website:

  • Expedite will not be responsible for any incidental or consequential damages claimed to have resulted from the sale, installation or use of any Product sold on the Website. 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.
  • THE WARRANTIES SET FORTH IN THIS SECTION ARE EXCLUSIVE AND REPLACES ALL OTHER WARRANTIES OR REPRESENTATIONS MADE BY EXPEDITE, EXPRESS OR IMPLIED, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT. NO REPRESENTATION OR STATEMENT OF EXPEDITE MAY CHANGE OR ALTER THE WARRANTIES SET FORTH IN THIS SECTION.

Liability

You agree to defend and indemnify Expedite 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 Expedite.

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. Expedite 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 EXPEDITE BE LIABLE UNDER THESE TERMS OF SALE 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. EXPEDITE’S TOTAL AGGREGATE LIABILITY UNDER THESE TERMS OF SALE SHALL UNDER NO CIRCUMSTANCES EXCEED THE AMOUNT PAYABLE BY YOU TO EXPEDITE FOR THE PRODUCTS OR SERVICES.


Governing law and jurisdiction

The validity, interpretation, and performance of these Terms of Sale 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 these Terms of Sale 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 Expedite to you, and to 9001 Spectrum Center Blvd, San Diego, CA, 92123 in the case of communications from you to Expedite.

Except as otherwise provided in these Terms of Sale, 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 San Diego 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 Expedite 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 Expedite fail to select an arbitrator within seven (7) days, such arbitrator shall be selected by the AAA upon application of either you or Expedite. Judgement 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.


Miscellaneous

Expedite owns or licenses all right, title, and interest in and to the Product trademarks, and other identifying marks and any associated goodwill (“Trademarks”). Expedite 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 these Terms of Sale. Expedite 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 Expedite 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 Expedite to enforce at any time any of the provisions of these Terms of Sale, or to require your performance of your obligations under these Terms of Sale, will not in any way be interpreted as a waiver by Expedite of such provisions.

You may not assign or delegate your obligations under these Terms of Sale without Expedite’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 Expedite unless such amendment is in writing and executed by an authorized representative of Expedite. No document containing conflicting terms shall take precedence over these terms and conditions, unless otherwise agreed to in writing by Expedite.

Expedite may modify the version of the Terms of Sale posted on the Website at any time. In the event that Expedite posts a new version of the Terms of Sale, that new version of the Terms of Sale will govern all sales on the Website following the effective date of the new version of the Terms of Sale stated at the top of the page, however, the new version of the Terms of Sale will not apply to any sales made prior to the effective date of the new version of the Terms of Sale.