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Consumer Terms of Use & Conditions of Sale

 

All sales of products by inspired portable oxygen, to the customer and the customer’s use thereof, are expressly conditioned on the customer’s acceptance of the following terms of use, terms of sale, and conditions, and acceptance of the product by the customer is an acceptance of the following terms and conditions. “Customer” shall refer to the purchaser of the product directly from Inspired Portable Oxygen.

Medicare and Medicaid disclaimer

Notice to Medicare and Medicaid Beneficiaries: Medicare and Medicaid will pay for durable medical equipment and supplies only if a supplier has a valid Medicare or Medicaid supplier number and meets all other Medicare and Medicaid enrollment and product coverage requirements. Inspired Portable Oxygen does not have a Medicare or Medicaid supplier number. Medicare or Medicaid will not pay for any medical equipment and supplies we sell or rent to you. You will be personally and fully responsible for payment and agree not to appeal if Medicare is not billed.

Private insurance disclaimer

Inspired Portable Oxygen does not accept any insurance. We are a cash-only seller of durable medical equipment. We do not, under any circumstance, bill insurance companies directly and do not make any representation as to whether or not your private insurance company will cover the services or products we provide. You are financially responsible for all products and services purchased on this website.

Disclaimer on Emergency Medical Conditions

DO NOT USE THIS WEBSITE FOR MEDICAL EMERGENCY SERVICES. IN AN EMERGENCY, CALL 911 OR YOUR LOCAL EMERGENCY ASSISTANCE NUMBER.

Medical Disclaimer

THE CONTENT AVAILABLE THROUGH THIS WEBSITE IS FOR INFORMATIONAL AND EDUCATIONAL PURPOSES ONLY AND IS NOT A SUBSTITUTE FOR THE PROFESSIONAL JUDGMENT OF A HEALTHCARE PROFESSIONAL IN DIAGNOSING AND TREATING PATIENTS. INSPIRED PORTABLE OXYGEN DOES NOT GIVE MEDICAL ADVICE, NOR DOES IT PROVIDE MEDICAL OR DIAGNOSTIC SERVICES. ADDITIONALLY, THE USE OF THE CONTENT OBTAINED THROUGH THIS WEBSITE DOES NOT ESTABLISH A PHYSICIAN-PATIENT RELATIONSHIP. INSPIRED PORTABLE OXYGEN IS NOT PROVIDING MEDICAL ADVICE AND DOES NOT DISCUSS OR ADVISE ON ANY ISSUES RELATING TO MEDICAL TREATMENT OR DIAGNOSIS.

Your reliance upon information and content obtained by you at or through this Website is solely at your own risk. Neither we nor the providers of content to us assume any liability or responsibility for damage or injury (including death) to you, other persons, or property arising from any use of any product, information, idea, or instruction contained in the Content.

We do not provide advice to you on any issues relating to medical treatment and the Content is intended solely as a resource and informational tool. Always seek the advice of a physician or other qualified health provider with any questions you may have regarding a medical condition. Never disregard professional medical advice or delay in seeking it because of something you have seen or read on this Website. We are not medical professionals and will not discuss or advise you on any issues relating to medical treatment.

Orders:

Orders for products sold by Inspired Portable Oxygen to Customers (“Products”) may be placed with Inspired Portable Oxygen, via Inspired Portable Oxygen’s website or with an Inspired Portable Oxygen Representative at 800-608-8651. No orders shall be binding upon Inspired Portable Oxygen unless and until accepted by Inspired Portable Oxygen, under these terms and conditions, and Inspired Portable Oxygen shall have no liability to Customer concerning orders that are not accepted. Orders for portable oxygen concentrator systems require a prescription.

Terms:

Unless otherwise noted, Inspired Portable Oxygen accepts credit cards, PayPal, wire transfers, money orders, ACH transfers, and certified bank checks only and title to Products, and risk of loss shall pass to Customer upon delivery of Products to the carrier at the point of shipment. Payment is due at the time of order. If Inspired Portable Oxygen employs any legal process to recover any amount due and payable from Customer under the terms of these terms and conditions, Customer shall pay all costs of collection and reasonable attorney’s fees.

Inspection and Acceptance and Product Changes and Substitutions

Inspection and Acceptance: It is the Customer’s responsibility to inspect all Products promptly upon receipt for damage attributable to the carrier and to make a claim directly to the carrier for such damage. The furnishing by Inspired Portable Oxygen of a Product to Customer shall constitute acceptance of that Product unless written notice of shipping damage or quantity is received by Inspired Portable Oxygen within ten (10) business days of delivery to Customer’s designated address, unless otherwise expressly agreed to by Inspired Portable Oxygen.

Product Changes and Substitutions:

All Manufacturers reserve the right (a) to make changes to Products without notice, and without any obligation to incorporate those changes in any Products previously delivered to the Customer and (b) to ship to the Customer the most current Product regardless of catalog description.

Returns; Repairs or Replacements Beyond Warranty

Returns: Product returns will not be accepted by Inspired Portable Oxygen unless written authorization has been obtained in advance in the form of a Return Authorization (“RA”) number, and the items are received by Inspired Portable Oxygen in their original saleable condition. When returning the Product, the Customer is required to include a copy of the original invoice or packing slip to ensure the prompt issuing of credits. The RA number must be written on the documents enclosed and on the outside of the shipping box. All return shipments are to be paid for by the Customer. The customer is granted a 30-day trial period from the date of invoice, subject to other conditions contained herein. During this period, the Customer may return the Product for full credit equal to the invoice price, less a $99 processing fee.

Credit is not eligible for Product returned after 30 days from invoice date. Accessories are not eligible for a return for credit. This credit minus the processing fee will be paid once Inspired Portable Oxygen receives the Product back and the Product has been inspected to confirm all components are returned. If there are missing components, partial credit may be given. This may take up to 10 business days after receipt of the Product at Inspired Portable Oxygen site.

Repairs or Replacements Beyond Warranty: For Products returned for repair or replacement that are not covered under the Product warranty, the Customer shall contact Inspired Portable Oxygen for instructions and assistance. Products may only be returned by the Customer to a designated repair site when accompanied by an RA number issued by Inspired Portable Oxygen. Freight expenses for Products returned by the Customer will be paid by the Customer. Customer shall pay for freight cost incurred for shipment back to Customer for Products repaired or replaced outside of warranty.

Limited Warranty; Out of Box Product Failure; Other Product Failure; Exclusions

Limited Warranty: All Product is warranted by the respective manufacturers to be free from defects in materials and workmanship under normal use and service and when correctly maintained for the time period set out in the warranty statement provided with the Product, which period shall begin on the Original Shipment Date. As used herein, “Original Shipment Date” means the original date of shipment of the Product by Inspired Portable Oxygen to the Customer. The warranties hereunder are granted by the manufacturers only to the original Customer of the Products and are non-transferable. The customer’s original purchase receipt for the Products and proof of identity is required for the limited warranties hereunder to be effective. For the limited warranty set forth herein to be effective, Customer shall inspect each Product within two (2) days of delivery and before such Product is put to use. The customer agrees that the warranties provided by the manufacturers concerning the Product are subject to the use of the Product in accordance with the manufacturer’s instructions as provided and that failure to do so shall void the warranties.

Limitations of Liability and Force Majeure

Limitation of Liability: Inspired Portable Oxygen shall not be liable for any commercial losses, loss of goodwill, inconvenience, or exemplary, special, incidental, indirect, consequential, or punitive damages whatsoever, or claims of third parties, regardless of the form of any claim, whether in contract or tort, whether from breach of this agreement, or defective equipment, or loss of data or any other use, even if Inspired Portable Oxygen has been advised or should be aware of the possibility of such damage. Inspired Portable Oxygen liability for loss or damages shall not exceed the purchase price paid by Customer for the Product giving rise to such liability.

Force Majeure: Inspired Portable Oxygen shall not be responsible for delays or failures in its performance resulting from Acts of God, war, riot, fire, explosion, accident, flood, sabotage, inability to obtain fuel, power, raw material, or machinery, governmental laws, regulations, or labor trouble, strike, lockout, or injunction, acts or omissions beyond Inspired Portable Oxygen control, including delays of suppliers or technical failure. If any such delay or failure occurs, Inspired Portable Oxygen may allocate Products among Inspired Portable Oxygen Customers at its sole discretion.

Indemnification

Indemnification: Customer shall defend, indemnify, and hold harmless Inspired Portable Oxygen from and against any liability, damage, loss, or expense (including reasonable attorneys’ fees and expenses of litigation) in connection with any claims, suits, or proceedings arising out of or relating to the use or other exploitation of the Products unless proximately caused by the sole gross negligence or willful misconduct of Inspired Portable Oxygen.

Governing Law; Notices; Arbitration; Waiver; Assignment; and Entire Agreement and Amendments

Governing Law: The validity, interpretation, and performance of these terms and conditions shall be governed by and construed under the applicable laws of the State of Arkansas as if performed wholly within the state and without giving the effect of the principles of conflict laws.

Notices: All notices, requests, claims, demands, and other communications shall be in writing and shall be given (and shall be deemed to have been duly given upon receipt) by delivery in person, facsimile, or by registered or certified mail (postage prepaid, return receipt requested) to the other party at, in the case of Customer, the Customer’s billing address on record and, in the case of Inspired Portable Oxygen, at 5130 Round Rock Drive, Conway, AR 72034.

Arbitration: Except as provided otherwise herein, all disputes between the parties hereto shall be determined solely and exclusively by arbitration unless the parties otherwise agree in writing. The parties shall jointly select an arbitrator. In the event, the parties fail to agree upon an arbitrator within ten (10) days, then Inspired Portable Oxygen shall select an arbitrator and Customer shall select an arbitrator and such arbitrators shall then select a third arbitrator to serve as the sole arbitrator. Judgment upon the award of the agreed upon an arbitrator or the so-chosen third arbitrator, as the case may be, shall be binding and shall be entered into by a court of competent jurisdiction.

Exception to Terms & Agreements: When Inspired Portable Oxygen has entered into a separate agreement with a customer the terms and agreements referenced within those agreements will supersede the language in this document when referencing such items as shipping terms, finance arrangements, acceptance of the product, a notice of changes or substitutions, limited warranty specifications and out of box failure procedures, etc.

Entire Agreement and Amendments: These terms and conditions shall constitute the entire agreement between the parties with respect to the subject matter hereof 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 Inspired Portable Oxygen unless such amendment is in writing and executed by an authorized representative of Inspired Portable Oxygen. Any document containing conflicting terms shall not take precedence over these terms and conditions unless otherwise agreed to in writing by Inspired Portable Oxygen. Any breach hereunder may be waived only by a document signed by the party against whom enforcement is sought.

Conditions of Sale:

Customers will refer to manufacturer owner’s manuals for intended use, additional warnings, and precautions.

Portable Oxygen Concentrators: Contraindications and General Precautions

*Inspired Portable Oxygen sells and services manufacturer brand name portable oxygen concentrators. As with any electrically powered device, the user may experience periods of non-operation because of electrical power interruption, or the need to have the device serviced by a qualified technician.

Warning: RESERVE OXYGEN SUPPLY: A backup source of supplemental oxygen is strongly recommended in case of a power outage or mechanical failure of any model portable oxygen concentrator device. Customer Should Consult the Customer’s local home medical equipment provider for a backup source of oxygen.

Warning: It is the responsibility of the Customer to make backup arrangements for alternative oxygen supply when traveling; Inspired Portable Oxygen assumes no liability for persons choosing not to adhere to manufacturer recommendations.

Warning: As stated here and in manufacturer owner’s manuals, these devices are NOT INTENDED to be life-sustaining or life-supporting.

Warning: Oxygen equipment may require unscheduled servicing during your travels. Please be advised that Inspired Portable Oxygen cannot assure customers that compatible equipment or proper support services will be available to customers while traveling. Without limiting the generality of the foregoing, Inspired Portable Oxygen has no capability to provide goods, repair, or clinical services to a customer on an airplane or outside of Inspired Portable Oxygen’s local service area.

CAUTION: USA Federal law restricts portable oxygen devices to sale by or on the order of a physician. May also be applicable in other countries. CAUTION- Manufacturer Recommended Nasal cannula should be used to ensure proper patient usage and oxygen delivery.

 Website Terms of Use
Please read the following Terms of Use before using our website. All users of this site agree that access to the use of this site is subject to the following terms and conditions:

* When you visit Inspired Portable Oxygen, call us, mail us, or email us, you are communicating with us. By doing so, you are consenting to receive communications from us. Periodically, we may communicate new information to you. You are welcome to opt-out of any communications at any time.

* All content included on this website are the property of Inspired Portable Oxygen and is protected by the United States of America’s International Copyright Laws.

* All logos and graphics are trademarks of Inspired Portable Oxygen, its suppliers, and web designers. No trademarks may be used in connection with any product or services not authorized by us or in any manner that may cause public confusion, or discredit Inspired Portable Oxygen.

* If a prescription is required for an item, we will verify the prescription before shipping or billing your credit card. Failure to supply a prescription or our inability to verify prescription information will result in the cancellation of the order after (30) days. If a check or money order has already been received, we will refund the full amount.

* We stand behind the products we sell. We only work with reputable manufacturers and suppliers and if the need arises, we will work hard to help and facilitate any repair work on any item we sell. We will do our very best to make sure your experience with Inspired Portable Oxygen is the best it can be. Please contact the primary oxygen provider for all reserve oxygen supply needs.

**Respironics products and services provided by Inspired Portable Oxygen are provided solely by Inspired Portable Oxygen and are independent of Philips Respironics.

* Please make sure to read our Return Policy before any purchase; (See Below). It is up to the purchaser to read and understand the manufacturer’s warranty/Non-warranty coverage information provided on our website.

 Notice Dated Nov, 11th, 2022: At Inspired Portable Oxygen, we do not sell to persons in Florida until we complete Florida State Licensing requirements. 

Returns, Exchanges, and Repairs Policy

At Inspired Portable Oxygen, we are committed to being your trusted resource for portable oxygen by delivering the advice, service, and convenience you deserve — all at affordable prices. If you are not fully satisfied with your purchase, let us help you with an Exchange, Return, or Repair.

All Sales of Portable Oxygen Concentrators include a 30 Day Trial Period for Returns for Refunds and a 30-Day Exchange Period.

*NO SMOKING POLICY*

During the 30-day Trial Period and our 30-day Exchange period, equipment may be used only in a SMOKE-FREE environment. A user’s SMOKING of any kind (including cigarette, cigar, and pipe) while using the product, and evidence that a user has used the equipment in a smoke-filled environment (campfire, etc.…), will void all refunds, credits, exchanges, and warranties with respect to that product and related accessory items. **NOTE…systems that smell of smoke are not allowed to be returned, refunded, or exchanged and the unit’s warranty will be deemed VOID by the manufacturer.

 Portable Oxygen Concentrator Returns

If you have received an item from Inspired Portable Oxygen that you are dissatisfied with, please contact Customer Support at (800) 608-8651, Monday through Friday, 8:00 am to 5:00 pm CST to obtain a Return Authorization (RA) Number.

 Return For a Refund

During the 30-Day Trial Period, if you are not completely satisfied with your product, we will refund your purchase amount less a flat fee of $99; you are responsible to pay return shipping charges. To be eligible for a product refund, you must obtain a Return Authorization Number (RA#) within 30 days of delivery. To obtain a Return Authorization (RA) number, please contact our Customer Support with your order information at 1-800-608-8651 or Email a Request to Inspired Portable Oxygen. All Returns for Refund must be shipped within 3 days of receiving your RA #. We will refund your purchase price (less the $99 return fee) once we receive and inspect the authorized returned item.

***The Return for a Refund Policy is only valid if you contact us during the 30-Day Trial Period and the unit meets the following criteria:

  • Unit is in Original New condition including all Accessories, Manuals & Packaging
  • All Items in the Return must be without defects including scratches
  • Units have NOT been used in a smoke-filled environment. A user’s SMOKING of any kind (including cigarette, cigar, and pipe) while using the product, and evidence that a user has smoked while using the product, will void all refunds, credits, exchanges, and warranties with respect to that product and related items. **NOTE…Units that smell of smoke are not allowed to be returned, refunded, or exchanged and the unit’s warranty will be deemed VOID by the manufacturer.

 Return For an Exchange

All Sales of Portable Oxygen Concentrators include a 30-Day Exchange period. In the first 30 days of ordering your unit, if you are not completely satisfied with your product you can exchange it for another model; all you are responsible to pay are return shipping charges and the Exchange may be subject to a 20% restocking fee. To be eligible for an Exchange, you must obtain RA# within 30 days of delivery. To obtain a Return Authorization Number (RA#), please contact Customer Support at 1-800-608-8651 or Email Exchange Request to: info@inspiredportableoxygen.com. All Returns for Exchange must be shipped within 3 days of receiving your RA#.

***The Return for Exchange Policy is only valid if you contact us during the 30-Day Exchange Period and the unit meets the following criteria: 

  • Unit is in Original New Condition including all Accessories, Manuals, & Packaging
  • All Items in the Return must be without defects including scratches
  • Units have NOT been used in a smoke-filled environment. A user’s SMOKING of any kind (including cigarette, cigar, and pipe) while using the product, and evidence that a user has smoked while using the product, will void all refunds, credits, exchanges, and warranties with respect to that product and related items. **NOTE…Units that smell of smoke are not allowed to be returned, refunded, or exchanged and the unit’s warranty will be deemed VOID by the manufacturer.

 Return Instructions:

 Ship All Returns to us at the following address:

Inspired Portable Oxygen
5130 Round Rock Drive
Conway, AR 72034 

Note: For all exchanges or refunds, we must first receive back the original unit before we ship out an exchanged unit or issue a credit.

It’s required that customers retain all original packing material for at least 30 days, in the event the unit needs to be returned or exchanged.

Cancellations

Orders canceled after the order is placed but before we ship to the customer will not be charged a cancellation fee. If you cancel your order after it has already shipped, we consider it a return and the above policies apply.

 Refused Shipments

Refused shipments, products returned without the original packaging, and orders canceled after the unit has been shipped are subject to a 20% restocking fee and customers will be responsible for shipping charges both ways.

Customers are not responsible for shipping costs associated with refusing equipment that has been damaged during shipping if the item is refused at the time of delivery and damage is noted on the “proof of delivery” form provided to you for signature by the carrier.

Damaged Items

Once your package arrives, please ensure it is not damaged or defective in any way. Notification of returns for damaged products must be made within 72 hours of receiving your items. In this case, the Customer can elect to Exchange or get Full Credit issued for the purchase costs.

Special Ordered Items

Special orders are orders placed for items that we do not stock and we have ordered from the factory to satisfy customer needs/requests. Unfortunately, we cannot accept any returns on special item orders. NOTE: Special Ordered Items cannot be canceled once placed.

AFTER 30 DAYS

We apologize for any inconvenience, but after 30 days we cannot refund or exchange your unit.

To return your portable oxygen concentrator after 30 days, please contact us at 800-608-8651 to discuss details of our *Trade-In* or *Buy-Back Program*.

 Service and Repairs:

In all instances of customer-caused damage, the customer is responsible for all parts, labor, and shipping charges to return the unit for repair. Please contact us for assistance at 1-800-608-8651.

Every Portable Oxygen Concentrator we offer comes with a Brand Specific Manufacturer’s Warranty. Please contact us @ 800-608-8651 so we may assist you with your warranty repairs. You are responsible for all shipping & handling charges both ways to our Inspired Portable Oxygen Office or the Repair center on any “In Warranty” repair. *Customer is responsible for all repair, labor, and shipping charges (both ways), for any “OUT of Warranty” repair.*

Service and Repair policy applies to all customers, both USA and International. All Portable Oxygen Concentrators purchased and shipped within the USA must be returned to our USA office or the USA factory for service. Any Portable Oxygen Concentrator which travels outside the USA must also be returned to the USA factory for service and the customer is responsible for shipping charges. Please call us at 800-608-8651 for assistance.

If you have any questions regarding our store policies, please call us @ 1 800-608-8651.