DEVICE TERMS & CONDITIONS
Medical Office Force, Inc. (“ Group”) provides a host of remote monitoring devices such as cellular- or Bluetooth-enabled blood pressure cuffs, weight scales, and glucose meters (“Devices”). Once the Group gets written or verbal consent from a Participating Patient, the Group will work with the referring provider or care manager to determine which device is most suitable for the Participating Patient based on diagnosis. the Group will ship the Device(s) you order to the Participating Patient indicated on the relevant Order Form provided to you by the Group. The Device Terms & Conditions (“Terms”) below, in addition to the Software License & General Terms, and Data Monitoring and Medical Billing Terms & Conditions, apply to your purchase of these Devices and form a binding agreement between you and the Group when you sign up for our Services.
Before reading below, please be sure you have read and agree to the terms of our Software License & General Terms and Data Monitoring Terms & Conditions. Capitalized terms not defined in these Terms are defined there and are applicable here.
By ordering a Device or Devices from the Group, you acknowledge and agree to the following:
1. Physician RESPONSIBILITIES.
a) Ordering Appropriate Device Under Care Plan. Physician is responsible for determining a patient’s care plan and ordering appropriate Devices, as well as determining which Device(s) to provide to each Participating Patient based on the care plan.
1. Change to the Care Plan. If Physician makes a change to a Participating Patient’s care plan, Physician is responsible for notifying the Group of such change within a reasonable amount of time and for ordering new Devices as needed.
b) Ordering Devices. Physician is responsible for submitting an Order Form to the Group for each new Participating Patient indicating the appropriate Device(s) to be provided. Physician may submit an order via the Order Form provided to Physician from time to time by the Group or via the Group Platform (as available).
c) Return of Devices. Physician will return any unused Devices delivered under this agreement in accordance with the Group’s reasonable instruction.
2. The Group RESPONSIBILITIES.
a) Provision of Devices. The Group will provide the Physician with Devices that collect physiological data from Participating Patients. All provided Devices are approved by the U.S. Food and Drug Administration (“FDA”) and are cellular and/or Bluetooth compatible.
b) Shipping and Handling. The Group is responsible for shipping Device(s) to Participating Patients according to each properly submitted and accepted Order Form.
3. SHIPPING
Shipping terms are Free On Board (“FOB”) Destination and Physician is not responsible for shipping costs.
4. PAYMENT AND CONSIGNMENT TERMS
a) Fees. The Group provides Devices at no up-front cost to the Physician, as the Group plans to recuperate that cost after a twenty-four (24) month period of time after seeking reimbursement for Services. The retail cost of the Device, including shipping and handling, is $100 USD per Device.
b) Consignment. The Group will retain title of the Devices until they are purchased by the Physician or until the service contract ends.
c) Effect of Termination. To recuperate the cost of the Device in the case of early termination, the Group will collect the following fees from the Physician:
1. The Physician will pay 75% of the total cost of the Devices delivered to Participating Patients with written notice that is less than thirty (30) days from the date of discontinuation of Services;
2. The Physician will pay 50% of the total cost of the Devices delivered to Participating Patients with written notice that is less than one-hundred eighty (180) days from the date of discontinuation of Services;
3. The Physician will pay 25% of the total cost of Devices delivered to Participating Patients with written notice of fewer than three-hundred sixty-five (365) days from the date of discontinuation of Services. and
4. The Physician will pay 0% of the total cost of Devices delivered to Participating Patients with written notice of more than three-hundred sixty-five (365) days from the date of discontinuation of Services.
5. WARRANTY
The Group expressly warrants to Physician that the Devices will materially conform to their published specifications and be reasonably free from defects in material and workmanship, not including reasonable wear and tear or loss, for a period of twelve (12) months commencing on the date of the delivery of any Device to Physician or a Participating Patient. This warranty only applies to Devices received from the Group and handled in the manner recommended by the Group. EXCEPT AS EXPRESSLY PROVIDED IN THESE TERMS, the Group DISCLAIMS ALL WARRANTIES. SEE SOFTWARE LICENSE & GENERAL TERMS AND DATA MONITORING AND MEDICAL BILLING TERMS & CONDITIONS FOR EXPRESS WARRANTY DISCLAIMERS.