Resmed Sleep and Ventilation Program (RSVP) Rental Terms and Conditions

Terms of rent

1. Term
2. Rent
3. Location and Maintenance of Rental System
4. Warranty
5. System Specification
6. No Resale
7. Termination
8. Insurance
9. Discount
10. Records
11. Miscellaneous

1. 1. Term. This agreement (“Agreement”) governs the terms of your participation in Resmed’s Sleep & Ventilation Program (“RSVP”) for the rental systems described on the RSVP Equipment Rental Form (“Rental Systems”). This Agreement will remain in effect for three (3) years from the date of delivery of the Rental Systems (“Term”). Upon expiration of the Term, you may keep the Rental Systems at no additional charge with no manufacturer warranty. No further action will be required on your part. Title to the Rental Systems will automatically pass to you once the Term expires.
   2. Rent. Rent payments are due as invoiced in arrears on a quarterly basis (“Quarterly Rent Payments”). Quarterly Rent Payments that are not paid by the due date may bear interest as permitted by law until paid. You are responsible for all license fees, registration fees, assessments, and taxes, which may be imposed upon the rental, possession, or use of the Rental Systems. Legal title to the Rental Systems remains in Resmed’s name until title passes to you at the end of the Term. You will not grant any lien, security interest, claim, or encumbrance of any kind on the Rental Systems. Resmed will not provide any medical advice to you or your patients and will exercise no control over the use of the Rental Systems, or the facility or space in which the Rental Systems are located. Resmed personnel will not be permitted to access any protected health information.
   3. Location and Maintenance of Rental System. Except with respect to the rental of ApneaLink Air™, which is designed for use by patients for in-home sleep testing, you agree not to relocate, sell, transfer, encumber, sublet, or part with possession of the Rental Systems. Maintenance of your Rental Systems is included during the Term at no cost and is described in the applicable Clinical Guide that accompanies delivery of the Rental Systems. For maintenance services, contact Resmed Technical Services at: (800) 424-0737 (Option 6) or TechSupportUSA@Resmed.com. You agree to only use accessories and other supplies sold or approved by Resmed for use with the Rental Systems. If a Rental System fails during normal use during the Term, it will be replaced by Resmed at no additional cost.
   4. Warranty. Resmed warrants: (a) the Rental Systems will be free from defects in materials and workmanship for a period of three (3) years from the date of delivery, (b) Resmed has all rights, authorizations, and licenses necessary to provide the Rental Systems to you, and (c) the Rental Systems and your use thereof, as authorized by this Agreement, shall not infringe, misappropriate, or otherwise violate the rights of any third party. EXCEPT FOR THE WARRANTY PROVIDED UNDER THIS SECTION, NO ADDITIONAL WARRANTY APPLIES AND RESMED HEREBY DISCLAIMS AND EXCLUDES ALL OTHER REPRESENTATIONS AND WARRANTIES, EXPRESSED OR IMPLIED FOR THE RENTAL SYSTEMS.
   5. System Specification. You agree that your computer and electrical systems meet all specifications that may be communicated by Resmed or its agents prior to installation of any Rental System. Resmed is not responsible for configuring any of your systems to meet such specifications. To the extent you request Resmed or its agents to configure your systems to meet such specifications, you agree that: (a) additional fees may apply, (b) you have full permission to authorize such configuration, and (c) Resmed will not be responsible for claims or losses relating to the configuration, including claims of infringement, property damage, personal injury, system performance, or data loss.
   6. No Resale. Rental Systems shall not be resold during the Term. If you choose to resell the Rental Systems in violation of this Agreement, you do so at your own risk, and Resmed will cancel your participation in the rental program immediately and accelerate all sums due.
   7. Termination. Either party may terminate this Agreement immediately upon written notice delivered to the other party. Upon the early termination of this Agreement, and after obtaining a RMA number from rsvp@resmed.com or (800) 424-0737, you agree to immediately return the Rental Systems to Resmed in good condition, normal wear and tear excepted, free and clear of any lien, security interest, or claim of any kind. Rental Systems not immediately returned will continue to be charged the Quarterly Rent Payments, or a portion thereof, until the return is received by Resmed.
   8. Insurance. Each party agrees to maintain sufficient insurance covering liability arising under this Agreement.
   9. Discounts and Compliance. You acknowledge that RSVP products are for sleep titration purposes only and rental fees for the Rental Systems provided under this Agreement shall not be billed to any third-party payer, including Medicare or Medicaid. In some circumstances, discounts, credits, rebates or other product incentives that are paid or applied by Resmed on the Rental Systems, including installation at no additional charge, can constitute a “discount or other reduction in price” pursuant to the Medicare/Medicaid Anti-Kickback Statute set forth in 42 U.S.C. § 1320a07b(b) and the discount safe harbor provisions found set forth in 42 C.F.R. § 1001.952(h). Neither Resmed, nor any of the Resmed personnel providing services under this Agreement (if applicable), are, to the best of Resmed’s knowledge: (a) currently excluded, debarred, or otherwise ineligible to participate in any of the federal health care programs as defined in 42 U.S.C. § 1320a-7b(f) (“Federal Health Care Programs”); (b) convicted of a criminal offense related to the provision of health care items or services; (ii) under investigation or otherwise aware of any circumstances which may result in Resmed or any of the Resmed personnel being excluded from participation Medicare, Medicaid or any other state or federal healthcare program; or; (c) listed in the HHS/OIG List of Excluded Individuals (http://www.oig.hhs.gov/exclusions) (“LEIE”), the General Services Administration’s List of Parties Excluded from Federal Programs (http://www.epls.gov), or any similar federal or state database indicating that such individual is ineligible to perform the services under this Agreement. Resmed shall screen each individual performing services under this Agreement in the manner recommended by the HHS/OIG May 8, 2013 Special Advisory Bulletin on the Effect of Exclusion from Participation in Federal Health Care Programs, and shall maintain a record of each such screening. Each party will comply with all laws, rules, regulations, or orders of all state, provincial, federal and local governments, and government agencies applicable to the use, operation, maintenance, or storage of the Rental Systems. The parties certify that they shall not violate the federal Anti-Kickback Statute with respect to the performance of this Agreement.
   10. Records. Resmed will, if required by law or regulation, after notification to you and providing you with opportunity to object to such disclosure by appropriate legal means, make available to the Secretary of the U.S. Department of Health and Human Services, Comptroller General of the U.S. Government Accounting Office, or their authorized representatives, all contracts, books, documents, and records relating to the nature and extent of the costs incurred by you under the terms of the Agreement for a period of four (4) years after the furnishing of Rental Systems hereunder.
   11. Miscellaneous. You may not assign any interest or obligation under this Agreement without Resmed’s prior written consent, which will not be unreasonably delayed or withheld. Notwithstanding any other provision of this Agreement, rentals from Resmed are non-exclusive and you are not prohibited from renting competing products from other companies. This Agreement constitutes the entire understanding and agreement of the parties regarding its subject matter and supersedes any prior oral or written agreements, representations, understandings, or discussions between the parties on the subject matter. Notwithstanding the foregoing, your continued use of the Rental Systems constitutes your acceptance to any future modifications to this Agreement as updated on our website. All notices or communications will be given in writing to you at the address on the RSVP Rental Equipment Form, and to Resmed at rsvp@resmed.com.