General Terms and Conditions of Sale
Global Sleep Care Centre Inc. does business with customers (Customers) under these General Terms and Conditions of Sale (Terms). These Terms supersede those contained in any Customer purchase order, request for quotation, acceptance or other purchasing documents concerning any Global Sleep Care Centre Inc. services or product(s) (Product(s)) which are inconsistent with, different from, or in addition to these Terms.
- CREDIT: Global Sleep Care Centre Inc. may (a) extend credit to qualified Customers after approval of credit application; or (b) reject, delay or cancel any order based on credit requirements, including failure to pay invoices when due. Global Sleep Care Centre Inc. will not be bound by credit terms not confirmed in writing by Global Sleep Care Centre Inc.’s Credit Department. Invoices will be issued when Products ship, but may be batched and mailed. Customers to whom Global Sleep Care Centre Inc. extends credit must pay for Products in full based on payment terms on the invoice. Customer may not take deductions or offsets unless Customer has complied with a written credit memorandum or other documentation from Global Sleep Care Centre Inc.. If Customer’s check is returned because of insufficient funds or for any other reason, additional fees will be assessed. Only Customers in good standing are eligible for special sales, discounts or other programs.
- PAYMENT, FINANCE CHARGE, COSTS OF COLLECTION: Payment must be made to the Global Sleep care Centre Inc. invoice address. GSCCI’s invoice is past due if not fully paid within stated payment terms. If Customer fails to timely pay an invoice, then, in addition to any other remedies allowed by law, Customer will pay GSCCI an additional monthly finance charge for each month that any portion of the invoice remains unpaid, the lesser of (a) one and one-half percent (1.5%) or (b) the maximum monthly interest rate allowed by law.
- CHANGES AND CANCELLATIONS: Global Sleep Care Centre Inc may change prices on any Product at any time without prior notice, except for orders which have been accepted by Global Sleep Care Centre Inc before the change. Global Sleep Care Centre may change prices for Products included in an accepted order by giving Customer prior notice. Customer may, as its sole remedy, cancel a pending order, to the extent not fulfilled, by giving Global Sleep Care centre Inc. written notice within ten (10) days of a price change notice. Customer requests for order changes and cancellations may be canceled at Global Sleep Care Centre Inc’s discretion.
- SHIPPING: Requests for specific shipping dates will be reasonably honored subject to existing circumstances. Regardless of the date of actual shipment, customer will not be excused from its obligation to pay for products when shipped. Global Sleep Care Centre Inc. SHALL NOT BE LIABLE FOR ANY DAMAGES, WHETHER INCIDENTAL, CONSEQUENTIAL OR OTHERWISE, FOR FAILURE TO FILL ORDERS, DELAYS IN DELIVERY OR ANY ERROR IN FULFILLING ORDERS.
- RETURNS AND REPLACEMENTS: All sales are final. Due to Covid-19 pandemic, GSCCI cannot offer returns, exchange, CPAP trial and Mask fitting. Patient should be aware of what they are buying and our Sleep Consultant is always available to help and educate you 24/7. Returns due to warranty claims are subject to the applicable provisions of manufacturer’s limited warranty. Products returned under warranty become the property of GSCCI. GSCCI may fulfill warranty requests with a new or a refurbished Product, in like condition, of equal or greater value. GSCCI will honor the remainder of the warranty.
- CHANGES IN PRODUCTS AND POLICIES: Global Sleep Care Centre Inc may add, change or stop selling any Product without notice. Customer shall have no claim for GSCCI’s failure to sell the model, design or type of Products previously sold or for failure to modify Products previously sold.
- LIMITED WARRANTY: The sole and exclusive warranty regarding the Global Sleep Care Centre Inc. Products is the limited warranty found at www.resmed.com. The limited warranty is extended exclusively to customers, and is not transferable or extended to unauthorized purchasers. Unauthorized purchasers may be required by law to inform their customers that Global Sleep Care Centre Inc.’s limited warranty is void. Global Sleep Care Centre Inc. reserves the unilateral right to modify its limited warranty at any time. Any claim a customer submits under Global Sleep Care Centre Inc.’s limited warranty must be on behalf of the initial patient-user of the Global Sleep Care Centre Inc. Product.
- DISCLAIMER OF WARRANTIES: EXCEPT FOR THE LIMITED WARRANTY REFERENCED IN SECTION 7 ABOVE, GLOBAL SLEEP CARE CENTRE INC. HEREBY DISCLAIMS AND EXCLUDES ALL OTHER REPRESENTATIONS AND WARRANTIES, EXPRESSED OR IMPLIED, OF ANY TYPE WHATSOEVER, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT, OR ANY REPRESENTATION OR WARRANTY AS TO THE DESIGN, CONDITION, QUALITY, CAPACITY, MATERIAL, EQUIPMENT OR WORKMANSHIP IN OR OF ANY GLOBAL SLEEP CARE CENTRE INC. PRODUCT. GLOBAL SLEEP CARE CENTRE INC. FURTHER DISCLAIMS ANY REPRESENTATION OR WARRANTY THAT GLOBAL SLEEP CARE CENTRE INC. PRODUCTS ARE COMPATIBLE WITH ANY COMBINATION OF NON-GLOBAL SLEEP CARE CENTRE INC. PRODUCTS USED IN CONNECTION WITH THE GLOBAL SLEEP CARE CENTRE INC. PRODUCTS.
- LIMITATION OF LIABILITY: THE TOTAL LIABILITY OF GLOBAL SLEEP CARE CENTRE INC., IF ANY, AND CUSTOMER’S SOLE AND EXCLUSIVE REMEDY FOR DAMAGES FOR ANY CLAIM OF ANY KIND WHATSOEVER, REGARDLESS OF LEGAL THEORY, WILL NOT BE GREATER THAN THE ACTUAL PURCHASE PRICE OF THE GLOBAL SLEEP CARE CENTRE INC. PRODUCTS WITH RESPECT TO WHICH SUCH CLAIM IS MADE. ALSO, UNDER NO CIRCUMSTANCES WILL GLOBAL SLEEP CARE CENTRE INC. BE LIABLE FOR ANY INDIRECT, SPECIAL, CONSEQUENTIAL, INCIDENTAL OR PUNITIVE DAMAGES IN CONNECTION WITH THE GLOBAL SLEEP CARE CENTRE INC. PRODUCTS, ANY ORDER FOR GLOBAL SLEEP CARE CENTRE INC. PRODUCTS, THE FURNISHING OF EQUIPMENT, GOODS, PARTS OR SERVICES HEREUNDER, OR THE PERFORMANCE, USE OF, OR INABILITY TO USE ANY EQUIPMENT OR ANY OTHER GOODS, PARTS OR SERVICES, OR ANY OTHER MATTER RELATING TO THE FOREGOING, WHETHER BASED ON CONTRACT, TORT OR ANY OTHER LEGAL OR EQUITABLE THEORY, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR COMPENSATION, REIMBURSEMENT OR LOSS OF PRESENT OR PROSPECTIVE PROFITS, EXPENDITURES, INVESTMENTS, COMMITMENTS, OR CLAIMS OF ANY THIRD PARTY, WHETHER MADE IN THE ESTABLISHMENT, DEVELOPMENT OR MAINTENANCE OF BUSINESS REPUTATION OR GOODWILL, COST OF CAPITAL OR ANY OTHER REASON WHATSOEVER. THIS LIMITATION WILL NOT AFFECT CUSTOMER’S RIGHT TO SEEK APPROPRIATE RELIEF ARISING FROM OR INCIDENT TO ANY DEATH, PERSONAL INJURY OR PROPERTY DAMAGE CONNECTED TO GLOBAL SLEEP CARE CENTRE INC.’S GROSS NEGLIGENCE, WILLFUL MISCONDUCT OR STRICT LIABILITY IMPOSED BY LAW.
- FORCE MAJEURE: Global Sleep Care Centre Inc and Customer will be excused from any default in their obligations hereunder, other than the payment of money due, resulting from any act or event beyond their reasonable control or responsibility, including, but not limited to, acts of God, accident, fire, flood, storm, riot, war, sabotage, explosion, strike, lockout, labor disturbance, national defense requirement, governmental action, law ordinance, rule or regulation, whether valid or invalid, inability to obtain or curtailment of electricity or other types of energy, raw material, labor, component products or transportation, failure of normal sources of supply, or any similar or different contingency that would make performance or timely performance commercially impracticable. The party relying on any of these acts or events of force majeure must give the other notice thereof promptly after it becomes known to that party. If any of these acts or events of force majeure exceed sixty (60) continuous or cumulative days within a quarter, then either party may, as its sole remedy, cancel outstanding orders to the extent not previously fulfilled by giving written notice. neither party will be liable for damages resulting from such cancelation.
- COMMUNICATIONS: Customer grants permission to Global Sleep Care Centre Inc. to communicate with Customer by mail, email, text, telephone, or facsimile, for the purpose of providing Customer with information about GSCCI’s Products, pricing and promotions. Customer also grants GSCCI permission to monitor and record calls between GSCCI and Customer for quality assurance and training.
- WAIVER: Either GSCCI’s or Customer’s waiver of the other’s default hereunder will not in any way limit or affect that party’s right to enforce and compel strict compliance at any other time or with any other term or condition.
- CHOICE OF LAW; JURISDICTION; VENUE: These Terms are the entire understanding and agreement between Customer and GSCCI and supersede any prior oral or written agreements, representations, understandings or discussions between Customer and GSCCI. These Terms shall be governed by and interpreted in accordance with the laws of the Philippines, excluding choice of law. If any provision of these Terms is held invalid or unenforceable by any court, in whole or in part, that term or condition will be construed and enforced to the greatest extent possible and the validity of the remaining terms and conditions will not be affected. Any action or proceeding between the parties shall be brought in Makati City. The parties submit to the exclusive jurisdiction and venue of Makati City courts for any action and agree that service of process may be effected by delivery to the address used for communications. The parties waive any right to participate in a class action or consolidated action regarding a dispute by joining a disputed claim with the disputed claim of any other person or entity or to assert a disputed claim in a representative capacity on behalf of anyone else in any lawsuit or other proceeding.
- REGULATORY COMPLIANCE: Customer represents and warrants that Customer will abide by all applicable laws related to sale of the Products, Customer further agrees to comply with all laws, regulations and instructions relating to: (a) storage and distribution of medical products, (b) medical device record-keeping requirements; and (c) maintaining records of serial and or batch numbers of Products dispensed to patients. Customer further agrees to immediately notify GSCCI of any circumstance that suggests that a GSCCI Product has caused or contributed to a death or serious injury, or has malfunctioned in such a way if it were to reoccur would be likely to cause harm, or such other law as may apply where Customer operates. Specifically, Customer agrees to:
- promptly inform GSCCI of any complaint of injury, safety, Product performance, or an adverse event involving Products;
- report to GSCCI all available information with respect to the complaint, including any written, electronic or oral communication that alleges deficiencies related to the identity, quality, durability, reliability, safety, effectiveness or performance of the Product;
- maintain records of (i) name of the Product (ii) date the complaint was received (iii) serial and or lot numbers of Product (iv) name, address, and telephone number of the complainant and (v) nature of the complaint;
- follow GSCCI’s instructions with respect to any recall or other safety action with respect to GSCCI Products; and
- In the event customer is unable to comply with subsection (c) (iii) above, provide GSCCI, for the sole purpose of notification, with a complete list of names and addresses of all patients of the Product affected by a recall.
SECTION 8 – THIRD-PARTY LINKS
Certain content, products and services available via our Service may include materials from third-parties. Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties. We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party’s policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.
SECTION 9 – USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS
If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, ‘comments’), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.
We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.
You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.
SECTION 10 – PERSONAL INFORMATION
SECTION 11 – ERRORS, INACCURACIES AND OMISSIONS
Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order). We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.
SECTION 12 – PROHIBITED USES
In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.
SECTION 13 – DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
All new CPAP machines are equipped with monitoring capabilities globalsleepcarecentre.com DOES NOT provide any remote clinical monitoring, servicing or CPAP therapy aftercare. We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or error-free. We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable. You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you. You expressly agree that your use of, or inability to use, the service is at your sole risk. The service and all products and services delivered to you through the service are (except as expressly stated by us) provided ‘as is’ and ‘as available’ for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.
In no case shall Global Sleep Care Centre Inc., our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.
SECTION 14 – INDEMNIFICATION
You agree to indemnify, defend and hold harmless Global Sleep Care Centre Inc. and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.
SECTION 15 – SEVERABILITY
In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.
SECTION 16 – TERMINATION
The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes. These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our site.
If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).
SECTION 17 – ENTIRE AGREEMENT
The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision. These Terms of Service and any policies or operating rules posted by us on this site or in respect to The Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service). Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.
SECTION 18 – GOVERNING LAW
These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of The Republic of the Philippines.
SECTION 19 – CHANGES TO TERMS OF SERVICE
You can review the most current version of the Terms of Service at any time at this page. We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.
SECTION 20 – CONTACT INFORMATION
Questions about the Terms of Service should be sent to us at firstname.lastname@example.org