Terms and Conditions of Equipment Sale or Rental

The following are the rights and obligations of Medigas, healthcare division of Linde Canada Inc., ("Medigas") as your supplier and your rights and obligations as a customer / client of Medigas. By accepting our products and services, you agree that these terms and conditions apply to you and to the goods and services provided by Medigas to you.

1. You will check that the oxygen and equipment ("goods") listed on the Delivery Ticket are received by you in your home and are in clean and usable condition and you will call Medigas right away if they are not.
2. You agree to pay for the goods and services provided by Medigas in accordance with the invoice from Medigas delivered to you. If you have insurance coverage, Medigas may accept direct payment from your insurance company; however, you may still be responsible for a co-payment or deductible amount (if any) if Medigas has received partial payment from your insurance company. If your insurance company does not pay Medigas for any or all of these goods and services, you will be required to pay for them.
3. Within seven (7) days of receipt, you may return for credit a stock item (excluding items listed in Section 10 and 11 below) that is unused and has not been in contact with an individual, and is unopened in its original packaging, but the credit may be reduced by a restocking charge of twenty percent (20%). No item that was discounted at the time of sale may be returned for credit. Custom or special order items may only be returned with the permission of the manufacturer and may be subject to an additional re-stocking fee.
4. You will be charged interest on late payments of your account at the rate of 1.5% per month (18% per annum) or the maximum amount permitted by law (whichever is less) on any outstanding balance for each day that the payment is late. If a cheque written by you is returned unpaid by the bank for any reason, a $50 service charge will be added to your account.
5. ln the event that you fail to remit any payment when due; or fail to perform obligations as set out in this document; or are subject to bankruptcy, receivership; or
   cease to carry on business, then all amounts due to Medigas shall become due and payable immediately without notice and Medigas may take immediate possession of its goods. You agree to pay for all legal costs and expenses incurred by Medigas for the recovery of amounts owed.
6. You understand that all equipment rented by you from Medigas is owned by Medigas. You agree to protect the equipment rented from Medigas from harm. You will allow only Medigas to refill or repair the rented equipment. You will not loan the rented equipment to anyone. You will not move or relocate oxygen equipment from your home without Medigas' written permission. If the rented equipment is not returned at the end of the rental period, you will be responsible for the full replacement cost the equipment.
7. You agree to follow all equipment safety, maintenance and cleanliness rules and use the equipment and supplies as directed by Medigas.
8. Medigas does not manufacture the equipment rented or sold to you. If the equipment rented fails to perform, Medigas will repair or replace it. If equipment sold to you fails to perform, Medigas will assist you to obtain the benefit of the applicable manufacturer's warranty, if any, which may be in force. Manufacturer's warranty information is enclosed in the packaging of the equipment purchased and may be subject to limitations and or the satisfaction by you of certain conditions, including without limitation a mail-in registration requirement. Please refer to the warranty documentation provided by the manufacturer for full details. Medigas does not have any other responsibility to you for the equipment rented or sold to you. Medigas makes no warranty of any kind, express or implied, including any warranty of merchantability or fitness for a particular purpose and Medigas' sole liability shall be limited to repair or replacement of the equipment supplied. Medigas shall in no event be liable for any consequential, indirect, special or contingent damages whatsoever related to the use of such oxygen, equipment or service.
9. Clients who are set up on oxygen service with Medigas have been provided with a back-up oxygen supply, as appropriate and in accordance with current industry practice. This oxygen supply system is for your use should any inclement weather or other event prevent Medigas from making a delivery of oxygen or other products or services to you. ln an emergency, call 911 or equivalent.
10. For infection control purposes, please note that no returns or credits will be provided for accessories and disposable supplies, for example, oxygen tubing, CPAP accessories, etc.
11. Medical gas cylinders and liquid oxygen reservoirs returned full or partially full may not be resold as medical drugs. All medical drug products returned by you must be vented and the containers reprocessed. As a result, Medigas cannot refund or credit for any oxygen returns.
12. The parties agree that this Agreement shall: (a) be governed by the laws of the Province of Ontario; and (b) any litigation, claim or dispute between the parties hereto concerning this Agreement shall be governed by the laws of the Province of Ontario.

IMPORTANT SAFETY NOTICE REGARDING TRANSPORTATION OF OXYGEN CYLINDERS STATIONARY AND PORTABLE LIQUID OXYGEN RESERVOIRS
Definitions: Stationary Liquid Oxygen Reservoir means the liquid oxygen reservoir used in the home; Portable Liquid Oxygen Reservoir means the small liquid oxygen reservoir filled from the Stationary Liquid Oxygen Reservoir; Oxygen Equipment includes: oxygen cylinders, Stationary Liquid Oxygen Reservoirs, Portable Liquid Oxygen Reservoirs and Portable Oxygen Concentrators.

• Transporting of Oxygen Equipment in an enclosed van, automobile or automobile trunk is very dangerous because it may result in a fire or explosion resulting in serious injury or death. AVOID IF POSSIBLE. Medigas can deliver Oxygen Equipment for you (within certain service areas). Please ask your Medigas representative about delivery details.
• Oxygen Equipment, if mishandled, can cause serious injuries. As an example, an unsecured or improperly secured Portable Liquid Oxygen Reservoir or cylinder couId become dislodged during transport creating a danger to passengers in the car, van or other vehicle and other hazards couId happen such as: fire or explosion, severe skin burns, or pressure release.
• If you must transport the Oxygen Equipment in your vehicle, please consider the following:

BEFORE YOU PUT ANY OXYGEN EQUIPMENT IN YOUR VEHICLE:
1. Read the product label.
2. Visually inspect the Oxygen Equipment for dents, gouges or pits.
3. Listen for leaks - if you hear or observe a leak in the Oxygen Equipment, notify Medigas and do not load the Oxygen Equipment into the vehicle.
4. Make sure that valve protection, where provided, remains in place until the Oxygen Equipment is ready for use.

WHEN THE OXYGEN EQUIPMENT IS IN YOUR VEHICLE:
1. Limit the amount that you carry in your vehicle.
2. Secure the Oxygen Equipment so that it can't move or roll inside the vehicle.
3. Make sure that the regulator installed on an oxygen cylinder is protected during transport.
4. PROHIBIT SMOKING in the vehicle by all persons in or near the vehicle.
5. Keep windows open to maximize air flow.
6. Take a direct route - no intermediate stops. Avoid routes with heavy traffic.
7. Avoid excessive heat conditions (eg. sun, heaters, etc.). Elevated temperatures could lead to the release of oxygen from the Oxygen Equipment.
8. When the destination is reached, immediately remove the Oxygen Equipment from the vehicle.

Medigas assumes no responsibility or liability for losses or events resulting from the transportation of Oxygen Equipment by its clients. The client is responsible for the Oxygen Equipment while it is are being transported, used by, and in the possession of the client, and the client must reimburse and indemnify Medigas for any losses or damages resulting from the use or transportation of the Oxygen Equipment by the client.