Returned Goods. Due to Federal and State Pharmacy Regulations ancillary items prescribed for home health care cannot be re-dispensed and cannot be returned for credit. Sale items cannot be returned.
Cancellations. Cancellations are made by contacting us via phone or e-mail and are subject to the following terms:
Cancellation of pending reservation: Signer can cancel within 2 hours of signing the order with no fees, as long as order has not left for delivery. We are unable to cancel orders that have left our offices or that Signer has taken into their possession.
Use. Signer shall use the Equipment in a careful and proper manner and shall comply with and conform to all national, state, municipal, police and other laws, ordinances and regulations in any way relating to the possession, use, or maintenance of the Equipment. BILI BLANKET BABY is in no way responsible for Signer’s use of the Equipment and shall be indemnified by Signer for any legal action resulting from Signer’s use of the Equipment, as explained below.
Right to Provide. BILI BLANKET BABY warrants that BILI BLANKET BABY has the right to provide the Equipment, as provided in this Document.
Order Acceptance Policy. Your receipt of an electronic or other form of order confirmation does not signify BILI BLANKET BABY’s acceptance of Signer’s order, nor does it constitute confirmation of BILI BLANKET BABY’s offer to provide. BILI BLANKET BABY reserves the right at any time after receipt of Signer’s order to accept or decline Signer’s order for any reason.
Repairs. Signer will approach the manufacturer for any repair or warranty claims. BILI BLANKET BABY is not responsible for any damaged or non functioning equipment after initial usage.
Lost, Damaged, or Unreturned Equipment. Signer hereby assumes and shall bear the entire risk of loss and damage to the Equipment from any and every cause. No loss or damage to the Equipment or any part thereof shall impair any obligation of Signer under this agreement which shall continue in full force in perpetuity. BILI BLANKET BABY shall not be responsible for loss or damage to property, material, or equipment belonging to Signer, its agents, employees, suppliers, or anyone directly or indirectly employed by Signer while said material property, or equipment is in Signer’s care, custody, control or under Signer’s physical control. Signer is encouraged to obtain appropriate equipment, material, or installation floater insurance against such risk of loss. Signer and its insurers waive all rights of subrogation against BILI BLANKET BABY for such losses.
In the unlikely event that the Equipment appears damaged when Signer receives Equipment via delivery, Signer must notify BILI BLANKET BABY immediately within two hours of receiving the delivery. Upon notification of suspected damage resulting from delivery of the Equipment, BILI BLANKET BABY will send Equipment to the manufacturer or certified repair facility for inspection and repair. Signer and BILI BLANKET BABY agree to be bound, legally and otherwise, by the report of the manufacturer. Unless Signer within said period of time gives written notice to BILI BLANKET BABY, specifying any defect in or other proper objection to the equipment, Signer agrees that it shall be conclusively presumed, as between BILI BLANKET BABY and Signer, that Signer has fully inspected and acknowledged that the equipment is in full compliance with the terms of this agreement, in good condition and repair, and that Signer is satisfied with and has accepted the equipment in such good condition and repair.
The BILI BLANKET BABY will not be held liable for any damage to the Signer’s own or personal equipment used in conjunction with this equipment.
Out-of-Stock Products and Multiple Product Orders. BILI BLANKET BABY will deliver the product or make it ready for pickup as it becomes available. There may be times when the product Signer ordered is out-of-stock which will delay fulfilling Signer’s order. BILI BLANKET BABY makes no guarantees as to availability of Equipment. BILI BLANKET BABY will keep Signer informed of any products that Signer has ordered that are out-of-stock and unavailable for immediate pickup or delivery. If Equipment is out-of-stock or unavailable, Signer may cancel the order at any time prior to shipping.
Limitation of Liability. THE CONTENTS OF THE BILI BLANKET BABY, LLC WEBSITE, AND THE EQUIPMENT BILI BLANKET BABY DELIVERS ARE PROVIDED “AS IS.” BILI BLANKET BABY MAKES NO REPRESENTATIONS OR WARRANTIES, WHETHER EXPRESS OR IMPLIED, OF ANY KIND ABOUT EQUIPMENT’S ACCURACY OR FUNCTIONALITY. BILI BLANKET BABY ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY ERRORS OR OMISSIONS IN THE CONTENT OF THE BILI BLANKET BABY, LLC WEBSITE, FOR ANY FAILURES, DELAYS, OR INTERRUPTIONS IN THE DELIVERY OF ANY CONTENT CONTAINED ON THE BILI BLANKET BABY, LLC WEBSITE, FOR ANY LOSSES OR DAMAGES ARISING FROM THE USE OF THE CONTENT PROVIDED ON THE BILI BLANKET BABY, LLC WEBSITE, OR FOR ANY CONDUCT BY USERS OF THE BILI BLANKET BABY, LLC WEBSITE. TO THE FULL EXTENT PERMISSIBLE BY LAW, BILI BLANKET BABY DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES ABOUT THE EQUIPMENT BILI BLANKET BABY DELIVERS, INCLUDING, FOR EXAMPLE, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. IN ADDITION, BILI BLANKET BABY DOES NOT REPRESENT OR WARRANT THAT THE INFORMATION ACCESSIBLE VIA THE BILI BLANKET BABY, LLC WEBSITE IS ACCURATE, COMPLETE, OR CURRENT. PRICE AND AVAILABILITY INFORMATION IS SUBJECT TO CHANGE WITHOUT NOTICE.
IN NO EVENT SHALL BILI BLANKET BABY, LLC BE LIABLE FOR (1) ANY SPECIAL, CONSEQUENTIAL, OR INCIDENTAL DAMAGE OR (2) ANY COST OR PROCUREMENT OF SUBSTITUTE PRODUCTS OR SERVICES OR (3) ANY DAMAGES WHATSOEVER RESULTING FROM LOSS OF USE OR PROFITS THAT Signer MAY SUFFER DIRECTLY OR INDIRECTLY, REGARDLESS OF THE FORM OF THE ACTION, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT PRODUCT LIABILITY OR OTHERWISE, EVEN IF BILI BLANKET BABY, LLC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE OR (4) ANY DAMAGES IN EXCESS OF AMOUNTS THAT THE Signer HAS PAID TO BILI BLANKET BABY, LLC IN FEES WITH RESPECT TO SUCH EQUIPMENT OR (5) ANY DAMAGES ARISING FROM BREACH BY Signer OF ITS OBLIGATIONS WITH RESPECT TO PROPER INSTALLATION AND PERIODIC MAINTENANCE OF EQUIPMENT, OR ANY INTENTIONAL, WILLFUL OR NEGLIGENT ACTS OF OMISSIONS BY Signer OR ITS AGENTS WITH RESPECT TO PATIENTS. THIS LIMITATION OF LIABILITY APPLIES TO ALL CAUSES OF ACTION INCLUDING, WITHOUT LIMITATION, BREACH OF CONTRACT, BREACH OF WARRANTY, NEGLIGENCE, STRICT LIABILITY, MISREPRESENTATION AND OTHER TORTS.
Indemnity. Signer shall indemnify BILI BLANKET BABY against, and hold BILI BLANKET BABY harmless from, any and all claims, actions, suits, proceedings, costs, expenses, damages, and liabilities, including attorneys fees, arising out of, connected with, or resulting from the equipment or the Agreement including without limitation, the manufacture, selection, delivery, leasing, renting, control, possession, use, operation, maintenance or return of the equipment. Signer shall further indemnify BILI BLANKET BABY, and hold BILI BLANKET BABY harmless from all loss and damage to the equipment. Signer recognizes and agrees that included in this indemnity clause, but not by way of limitation, is Signer’s assumption of any and all liability for injury: disability and death caused by the operation, use, control, handling, or transportation of the equipment in perpetuity.
Waiver. All remedies of BILI BLANKET BABY hereunder are cumulative and may, to the extent permitted by law, be exercised concurrently or separately, and the exercise of any one remedy shall not be deemed to be an election of such remedy or to preclude the exercise of any other remedy. No failure on the part of the BILI BLANKET BABY to exercise and no delay in exercising, any right or remedy, hereby shall operate as a waiver thereof; nor shall any single or partial exercise by BILI BLANKET BABY of any right or remedy hereunder preclude any other or further exercise thereof or the exercise of any other right or remedy. If any term or provision of this agreement is found invalid, it shall not affect the validity and enforcement of all remaining terms and provisions of this agreement. The acceptance of the order by BILI BLANKET BABY does not waive BILI BLANKET BABY’s right to enforce any provisions of this Agreement.
Default. If (a) Signer shall default or in making any other payment hereunder when due, or (b) Signer shall default in the payment when due of any indebtedness of Signer to BILI BLANKET BABY arising independently of this agreement, or (c) Signer becomes insolvent or makes an assignment for the benefit of creditors, or (d) Signer applies for or consents to the appointment of a receiver, trustee, or liquidator of Signer or of all or a substantial part of the assets of Signer under the Bankruptcy Act, or any amendment thereto (including, without limitation, a petition for reorganization, arrangement, or extension) or under any other insolvency law or law providing for the relief of debtors, then, if and to the extent permitted by applicable law. BILI BLANKET BABY shall have the right to under any other insolvency law or law providing for the relief of debtors, then, if and to the extent permitted by applicable law. BILI BLANKET BABY shall have the right to exercise any one or more of the following remedies:
- To declare the entire amount of payment hereunder immediately due and payable without notice or demand to Signer.
- To immediately take possession of Equipment without notice or demand to Signer without breach of the peace.
- To sue for and recover all payments, including lost income, then accrued or thereafter accruing.
- To terminate this agreement.
- To pursue any other remedy at law or in equity. Notwithstanding any repossession or any other action which BILI BLANKET BABY may take, Signer shall be and remain liable for full performance of all obligations to be performed under this agreement. All of BILI BLANKET BABY’s remedies are cumulative, and may be exercised concurrently or separately.
Bankruptcy. Neither this agreement nor any interest therein is assignable or transferable by operation of law. If any proceeding under the Bankruptcy Act, as amended, is commenced by or against the Signer, or if the Signer is adjudged insolvent, or if Signer makes any assignment for the benefit of his creditors, or if a writ of attachment or execution is levied on the Equipment and is not released or satisfied within ten (10) days thereafter, or if a receiver is appointed in any proceeding or action to which the Signer is a party with authority to take possession or control of the Equipment, BILI BLANKET BABY shall have and may exercise any one or more of the remedies set forth in Section 13 (“Surrender.”) above; and this agreement shall, at the option of the BILI BLANKET BABY, without notice, immediately terminate and shall not be treated as an asset of Signer after the exercise of said option.
Additional Documents. If BILI BLANKET BABY shall so request, Signer shall execute and deliver to BILI BLANKET BABY such documents as BILI BLANKET BABY shall deem necessary or desirable for purposes of recording or filing to protect the interest of BILI BLANKET BABY in the Equipment including, but not limited to a UCC financing statement.
Claims of Copyright Infringement It is the policy of BILI BLANKET BABY to respect the intellectual property rights of others. BILI BLANKET BABY does not promote, foster, or condone the copying of photographs or any other infringing activity.
Typographical Errors. In the event a product is listed at an incorrect price due to typographical error or error in pricing information received from our suppliers, BILI BLANKET BABY shall have the right to refuse or cancel any orders placed for product listed at the incorrect price. BILI BLANKET BABY shall have the right to refuse or cancel any such orders whether or not the order has been confirmed and Signer’s credit card charged. If Signer’s credit card has already been charged for the purchase and Signer’s order is canceled, BILI BLANKET BABY shall immediately issue a credit to Signer’s credit card account in the amount of the incorrect price.
Complaint Process. If you have a complaint please call us at 877-593-2454. We will respond within 5 calendar days. In the event your complaint remains unresolved with our company you may file a complaint with our Accreditor, The Compliance Team, Inc via their website www.thecomplianceteam.org or via phone 1-888-291-5353.
Entire Agreement. This instrument constitutes the ENTIRE AGREEMENT between the parties on the subject matter hereof and it shall not be amended, altered or changed except by a further writing signed by the parties hereto. If any portion of the agreement is found unenforceable, it will not affect the remainder of the agreement, which shall remain valid and enforceable.
Assignment. Signer shall not assign this agreement or its interest in the Equipment without the prior written consent of BILI BLANKET BABY.
Headings. Headings used in this agreement are provided for convenience only and shall not be used to construe meaning or intent.
Governing Law. This agreement shall be construed and enforced according to laws of the State of Colorado. Signer and BILI BLANKET BABY agree that the United States District Court for the District of Colorado and/or the District Court for the County of Boulder and/or applicable California, Texas, Arizona, Pennsylvania, Nevada, New York Courts shall have exclusive jurisdiction over any dispute between you and BILI BLANKET BABY relating in any way to the BILI BLANKET BABY service or website or this Agreement.
Attorney’s Fees. Signer promises to pay all costs and fees incurred by BILI BLANKET BABY in the event payment is not made when due hereunder. Signer further promises that if any suit or action is instituted to collect under the terms of this Agreement or any part thereof, Signer will pay, a reasonable sum as attorneys’ fees and costs of litigation in such suit or action, including reasonable attorneys’ fees and costs incurred in any appeal thereof, or any collection costs as result of the breach of any term in this agreement by Signer.
By signing this form I agree to abide by the terms in the instruction manuals and brochures for the breast pump as provided by the manufacturer. Any departure from the terms of these manuals constitutes an event of default under Section 19 herein. The manuals also address the warranty information for this equipment. The manuals are found on manufacturer websites and in the packaging upon delivery.
HIPAA/PRIVACY POLICY
By signing this form I agree that I have been notified of my rights and responsibilities under HIPAA as well as the privacy policy of BILI BLANKET BABY. Below is text regarding HIPAA and PRIVACY POLICY
Your Information. Your Rights. Our Responsibilities.
This notice describes how medical information about you may be used and disclosed and how you can get access to this information. Please review it carefully.
Your Rights
You have the right to:
- Get a copy of your paper or electronic medical record
- Correct your paper or electronic medical record
- Request confidential communication
- Ask us to limit the information we share
- Get a list of those with whom we’ve shared your information
- Get a copy of this privacy notice
- Choose someone to act for you
- File a complaint if you believe your privacy rights have been violated
Your Choices
You have some choices in the way that we use and share information as we:
- Tell family and friends about your condition
- Provide disaster relief
- Include you in a hospital directory
- Provide mental health care
- Market our services and sell your information
- Raise funds
Our Uses and Disclosures
We may use and share your information as we:
- Treat you
- Run our organization
- Bill for your services
- Help with public health and safety issues
- Do research
- Comply with the law
- Respond to organ and tissue donation requests
- Work with a medical examiner or funeral director
- Address workers’ compensation, law enforcement, and other government requests
- Respond to lawsuits and legal actions
Your Rights
When it comes to your health information, you have certain rights. This section explains your rights and some of our responsibilities to help you.
Get an electronic or paper copy of your medical record
- You can ask to see or get an electronic or paper copy of your medical record and other health information we have about you. Ask us how to do this.
- We will provide a copy or a summary of your health information, usually within 30 days of your request. We may charge a reasonable, cost-based fee.
Ask us to correct your medical record
- You can ask us to correct health information about you that you think is incorrect or incomplete. Ask us how to do this.
- We may say “no” to your request, but we’ll tell you why in writing within 60 days.
Request confidential communications
- You can ask us to contact you in a specific way (for example, home or office phone) or to send mail to a different address.
- We will say “yes” to all reasonable requests.
Ask us to limit what we use or share
- You can ask us not to use or share certain health information for treatment, payment, or our operations. We are not required to agree to your request, and we may say “no” if it would affect your care.
- If you pay for a service or health care item out-of-pocket in full, you can ask us not to share that information for the purpose of payment or our operations with your health insurer. We will say “yes” unless a law requires us to share that information.
Get a list of those with whom we’ve shared information
- You can ask for a list (accounting) of the times we’ve shared your health information for six years prior to the date you ask, who we shared it with, and why.
- We will include all the disclosures except for those about treatment, payment, and health care operations, and certain other disclosures (such as any you asked us to make). We’ll provide one accounting a year for free but will charge a reasonable, cost-based fee if you ask for another one within 12 months.
Get a copy of this privacy notice
You can ask for a paper copy of this notice at any time, even if you have agreed to receive the notice electronically. We will provide you with a paper copy promptly.
Choose someone to act for you
- If you have given someone medical power of attorney or if someone is your legal guardian, that person can exercise your rights and make choices about your health information.
- We will make sure the person has this authority and can act for you before we take any action.
File a complaint if you feel your rights are violated
- You can complain if you feel we have violated your rights by contacting us using the information provided.
- You can file a complaint with the U.S. Department of Health and Human Services Office for Civil Rights by sending a letter to 200 Independence Avenue, S.W., Washington, D.C. 20201, calling 1-877-696-6775, or visiting https://www.hhs.gov/ocr/privacy/hipaa/complaints/.
- We will not retaliate against you for filing a complaint.
Your Choices
For certain health information, you can tell us your choices about what we share. If you have a clear preference for how we share your information in the situations described below, talk to us. Tell us what you want us to do, and we will follow your instructions. In these cases, you have both the right and choice to tell us to:
- Share information with your family, close friends, or others involved in your care
- Share information in a disaster relief situation
- Include your information in a hospital directory
If you are not able to tell us your preference, for example if you are unconscious, we may go ahead and share your information if we believe it is in your best interest. We may also share your information when needed to lessen a serious and imminent threat to health or safety. In these cases we never share your information unless you give us written permission:
- Marketing purposes
- Sale of your information
- Most sharing of psychotherapy notes
In the case of fundraising:
- We may contact you for fundraising efforts, but you can tell us not to contact you again.
Our Uses and Disclosures
How do we typically use or share your health information?
We typically use or share your health information in the following ways.
Treat you
We can use your health information and share it with other professionals who are treating you.
Example: A doctor treating you for an injury asks another doctor about your overall health condition.
Run our organization
We can use and share your health information to run our practice, improve your care, and contact you when necessary.
Example: We use health information about you to manage your treatment and services.
Bill for your services
We can use and share your health information to bill and get payment from health plans or other entities.
Example: We give information about you to your health insurance plan so it will pay for your services.
How else can we use or share your health information? We are allowed or required to share your information in other ways – usually in ways that contribute to the public good, such as public health and research. We have to meet many conditions in the law before we can share your information for these purposes. For more information see: https://www.hhs.gov/ocr/privacy/hipaa/understanding/consumers/index.html
Help with public health and safety issues
We can share health information about you for certain situations such as:
- Preventing disease
- Helping with product recalls
- Reporting adverse reactions to medications
- Reporting suspected abuse, neglect, or domestic violence
- Preventing or reducing a serious threat to anyone’s health or safety
Do research
We can use or share your information for health research.
Comply with the law
We will share information about you if state or federal laws require it, including with the Department of Health and Human Services if it wants to see that we’re complying with federal privacy law.
Respond to organ and tissue donation requests
We can share health information about you with organ procurement organizations.
Work with a medical examiner or funeral director
We can share health information with a coroner, medical examiner, or funeral director when an individual dies.
Address workers’ compensation, law enforcement, and other government requests
We can use or share health information about you:
- For workers’ compensation claims
- For law enforcement purposes or with a law enforcement official
- With health oversight agencies for activities authorized by law
- For special government functions such as military, national security, and presidential protective services
Respond to lawsuits and legal actions
We can share health information about you in response to a court or administrative order, or in response to a subpoena.
Our Responsibilities
- We are required by law to maintain the privacy and security of your protected health information.
- We will let you know promptly if a breach occurs that may have compromised the privacy or security of your information.
- We must follow the duties and privacy practices described in this notice and give you a copy of it.
- We will not use or share your information other than as described here unless you tell us we can in writing. If you tell us we can, you may change your mind at any time. Let us know in writing if you change your mind.
For more information see: https://www.hhs.gov/ocr/privacy/hipaa/understanding/consumers/noticepp.html.
Changes to the Terms of this Notice
We can change the terms of this notice, and the changes will apply to all information we have about you. The new notice will be available upon request, in our office, and on our web site.
Your rights and responsibilities under HIPAA are further addressed here: http://www.hhs.gov/hipaa/for-individuals/guidance-materials-for-consumers/index.html
Section 32: Patient Rights and Responsibilities
Patient Rights :
- The patient has the right to considerate and respectful service.
- The patient has the right to obtain service without regard to race, creed, national origin, sex, age, disability, diagnosis or religious affiliation.
- Subject to applicable law, the patient has the right to confidentiality of all information pertaining to his/her medical equipment service. Individuals or organizations not involved in the patient’s care, may not have access to the information without the patient’s written consent.
- The patient has the right to make informed decisions about his/her care.
- The patient has the right to reasonable continuity of care and service.
- The patient has the right to voice grievances without fear of termination of service or other reprisal in the service process.
Patient Responsibilities:
- The patient should promptly notify the Home Medical Equipment Company of any equipment failure or damage.
- The patient is responsible for any equipment that is lost or stolen while in their possession and should promptly notify Home Medical Equipment Company in such instances.
- The patient should promptly notify the Home Medical Equipment Company of any changes to their address or telephone.
- The patient should promptly notify the Home Medical Equipment Company of any changes concerning their physician.
- The patient should notify the Home Medical Equipment Company of discontinuance of use.
- Except where contrary to federal or state law, the patient is responsible for any equipment rental and sale charges which the patient’s insurance company/companies does not pay.
Section 32: Medicare DMEPOS 30 Medicare Supplier Statement (ONLY RELEVANT FOR MEDICAID PATIENTS)
MEDICARE DMEPOS 30 MEDICARE SUPPLIER STATEMENT
The products and/or services provided to you by supplier legal business name or DBA are subject to the supplier standards contained in the Federal regulations shown at 42 Code of Federal Regulations Section 424.57(c). These standards concern business professional and operational matters (e.g., honoring warranties and hours of operation). The full text of these standards can be obtained from the U.S. Government Printing Office website. Upon request we will furnish you a written copy of the standards.
Section 33: Assignment of Benefits for MEDICAID ONLY
My signature and date in the box below authorizes each of the following:
- Assignment of Medicaid or other insurance benefits to Bili Blanket Baby and/or any of our corporate affiliates for medical supplies and/or medication(s) furnished to me by my provider.
- Direct billing to Medicaid.
- Release of my medical information to Medicaid their agents and assigns.
- BILI BLANKET BABY and/or any of our corporate affiliates to obtain medical or other information necessary in order to process my claim(s), including determining eligibility and seeking reimbursement for medical supplies and/or medication(s) provided.
- BILI BLANKET BABY and/or any of our corporate affiliates to contact me by telephone or mail regarding my medical supplies and/or medication(s) order.
I agree to pay all amounts that are not covered by Medicaid including applicable co-payments and/or deductibles for which I am responsible.
Section 34: WARRANTY Philips Respironics authorizes a one year equipment warranty on this product from date of purchase. More information can be found on their website:
http://www.usa.philips.com/healthcare/about/terms-conditions
Section 35:
Emergency Availability In the event of medical emergency, customer is instructed to call 911 and/or present patient to Emergency facilities. Bili Blanket Baby will be available between 8am and 8pm to answer any equipment usage questions. Outside of those hours please call our main line for emergent matters as there is an alternate phone line provided on our recording. Should an equipment related emergency occur, please call 911 and/or go to your nearest emergency facility.
These Terms and Conditions will supersede any terms and/or conditions Signer includes with any purchase order, regardless of whether BILI BLANKET BABY signs the purchase order or not. BILI BLANKET BABY reserves the right to make changes to this site and these Terms and Conditions at any time.
Furthermore, by signing this form I acknowledge that I have read the agreement and understand the terms and conditions set forth herein.
Upon completion and submission of this contract, a copy will be emailed to you at the email address provided.
You can pickup the unit free of charge at one of our locations (subject to local availability). We can also arrange to have your unit via UPS/FEDEX/USPS.
You are being asked to sign one or more electronic documents in web page format. In order to use the electronic documents, you must have a device which has access to the internet; an operating system on your device capable of receiving and displaying web pages; and a compatible web browser, such as the current version of Chrome, Internet Explorer, Firefox, Safari and Edge.
You can request paper copies of the electronic documents by contacting us via the contact page on this website. In your request, please specify the document you would like to receive in paper form, and your current mailing address. You may withdraw your consent to use electronic signatures by contacting us via the contact page on this website. Your withdrawal of consent to use electronic signatures will be effective after we have had a reasonable period of time to process your request.
