Terms and Conditions
ASSURED COMFORT® BEDS, INC.
TERMS & CONDITIONS OF SALE –EFFECTIVE 01/19
3629 Reed Creed Drive Bassett, VA 24055 866-852-2337 AssuredComfortBed.com
1. The following terms and conditions of sale (the "Terms of Sale") apply to orders placed with Assured Comfort® Beds, Inc. for all products and services except where specifically stated otherwise within these Terms of Sale.
2. The Terms of Sale describe the basis of which Assured Comfort® Beds, Inc. enters into a contract to provide goods or services to the Customer.
3. Assured Comfort® Beds, Inc. reserves the right to change its Terms of Sale at any time. Any changes will be effective from the date of publication on the Assured Comfort® Beds, Inc. website (AssuredComfortBed.com).
4. Customers should ensure they understand and accept these Terms of Sale before placing an order. If there are any questions, Customers are invited to contact us for clarification prior to ordering.
1. The contract is with Assured Comfort® Beds, Inc. The terms "the Company", "we", and "us" are used for convenience and should be construed accordingly.
2. The term "Customer" (e.g. DME - Durable Medical Equipment provider) is used to include the legal entity that places the order, or person who places the order, and any other agent expected to have the authority regarding any sales issue in question.
1. Transactions shall be governed in all respects by the laws of the State of Virginia. All actions relating to any claim by Company or Customer shall be brought exclusively in the Courts having a situs in the State of Virginia, County of Henry, without regard to any courts in any other jurisdiction.
1. Quotations are submitted, and orders are only accepted subject to the terms and conditions of sale that follow. These terms and conditions of sale supersede any prior buyers’ terms and conditions.
2. Quotations are valid for thirty days. Prices will be honored during this period.
3. Quotations may or may not include delivery charges. Delivery charges will be confirmed at the time of sales order confirmation.
1. All Assured Comfort® Beds are special-order items. All orders are subject to production times and confirmed upon order confirmation. Typical production time for Assured Comfort® Beds, Inc. products is 2 to 4 weeks. Any changes to the initial order must be made within 48 hours to avoid a restocking fee.
2. It is the responsibility of the Customer and Customer agent (e.g.ATP- Assistive Technology Professional) to consult with caregivers, therapists, and physicians, to medically diagnose and prescribe the appropriate Assured Comfort® Bed for the person who will be using the bed. Assured Comfort® Beds, Inc. is not authorized to prescribe or recommend our products and must rely on our Customers for accurate orders.
3. We reserve the right to discontinue or modify any product without notice, either temporarily or permanently. We are not liable for any modification or discontinuation of any product or product feature.
4. Matching color finishes: Items made from natural products, such as wood and fabric, are not guaranteed to have the exact color, shade, or finish as items viewed at the factory, Customer showroom, Customer website, or Company website, due to the inherent nature of such products. The reproduction of colors on printed materials and website cannot be perfect but is as accurate as photographic and publishing processes allow. Please note: wood and fabric samples are a representation of the finish and color only.
5. We cannot guarantee an exact match to product color features which have been ordered at different times.
1. Payments are accepted by check, and all major credit cards.
2. Established accounts not paid within terms are subject to a 1.5% monthly (18% annually) finance charge.
3. Delinquent Customer accounts are subject to suspension until payment arrangements are made with the Company.
4. All orders received while Customer account is in a suspend status will be held until account is within terms.
1. The cost of shipping an Assured Comfort® Beds, Inc. bed order is included for standard shipping within the 48 contiguous states for our DME Customers. Shipping charges are applied to individuals as determined by the type of shipping required.
2. As a service to our Customers, Assured Comfort® Beds, Inc. will provide a quote, upon request, for the shipping of orders that do not meet standard criteria. i.e. part orders that are not covered by the 1st year warranty; orders that need to be shipped to Alaska, Hawaii, or Canada, etc.
3. Ownership of the product transfers to the Customer upon the freight carrier taking possession of the order for transport. Therefore, responsibility for damage occurring in- transit is the owner’s and claims for freight damage must be made upon receipt.
4. Freight claims must be filed directly with the selected carrier by the Customer. The Company is not responsible for a Customer’s own, or third-party, freight damage when transporting to their Customer as a distributor of the Company’s product.
DELIVERY / SETUP FOR ASSURED COMFORT® BEDS
1. For delivery to the Customer with Company vehicles, all estimates are for delivery and setup to your address in an agreed upon time frame.
2. This delivery estimate is for the placement of our bed in an area that is prepared for the delivery and does not include the removal of existing beds, mattresses or other related items.
3. The Company has the right to refuse to deliver a bed if conditions are not conducive.
4. If we use third party delivery carrier companies to deliver your product, the shipping company will contact you prior to delivery to schedule a drop off time.
5. Threshold Delivery is available upon request and includes the item(s) be brought in and placed inside your residence. Threshold delivery does not include opening, assembly or removal of packing materials. It also does not include moving of existing items.
6. White Glove Delivery service includes a delivery appointment, inside delivery, assembly and installation in your room of choice and removal of all packing materials. Please contact an Assured Comfort® Bed representative for details.
7. Any change of a “Ship To” delivery address requires written confirmation by email with Assured Comfort® Beds. Only then would this change be considered effective and valid.
8. Assured Comfort® Beds is responsible for making payments to its shipping and delivery vendors directly. You, the Customer, do NOT have to pay anything to the truckers at the time of delivery or at any other time. All such payments, if made by the Customer to the carrier company or its representatives, for any additional or existing services will be at your sole discretion and cost. You agree that Assured Comfort® Beds will not refund such payments under any circumstances.
9. The Customer agrees that the name, phone number, email address and other contact information can be given by Assured Comfort® Beds, Inc. to the trucker or any other shipping agent to coordinate deliveries and improve Customer satisfaction and efficiency.
1. When Customer delivery personnel is on site, the receiving person is required to sign, confirming the satisfactory receipt of goods. If receiving person is dissatisfied with the delivered items, this should be recorded by the delivery personnel and the Company should be informed immediately. Likewise, any rejected or missing items should be recorded by the delivery personnel and communicated back to the Company.
2. If no one is available to review shipment and sign a satisfactory receipt, the Customer acknowledges this at their own risk and the Company will not be held responsible for any damage or missing items.
PACKAGING AND WASTE
1. As part of the delivery service, personnel will remove the bed’s product packaging for recycling or disposal. This does not include removal and disposal of a discarded bed.