(800) 437-3677 Kelrock LLC, a New York limited liability company with its principal place of business at 153 21st Street, Brooklyn, New York 11232, doing business as Homepro Medical (hereinafter “Homepro Medical”), provides home medical equipment for purchase and rental. These Terms and Conditions (the “Terms”) govern all purchases and rentals of equipment and related services from Homepro Medical, whether placed through the Homepro Medical website, by telephone, or at the Homepro Medical showroom. The person or entity placing an order (the “Customer”) accepts these Terms by placing an order. Equipment rentals are additionally governed by the Homepro Medical Rental Agreement (the “Rental Agreement”), which the Customer accepts before the first rental payment. In the event of any conflict between these Terms and the Rental Agreement, the Rental Agreement controls with respect to rentals.
1. Orders and Payment.
All orders are subject to acceptance by Homepro Medical and to equipment availability. The prices, rental rates, and fees applicable to an order are those stated on the Customer’s invoice or order confirmation. Homepro Medical accepts the payment method described under Payment Options & Pricing. Applicable sales tax is added where required by law. Listed prices are Homepro Medical’s standard prices and apply to all accepted payment methods, including credit and debit cards; Homepro Medical does not impose a surcharge for payment by card. Homepro Medical may, in its discretion, offer a discount for payment by bank transfer (ACH autopay) on rentals and certain purchases, and reserves the right to offer, modify, or withdraw any such discount at any time. Where an ACH discount applies, the discounted amount is stated in dollars on the Customer’s quote or invoice prior to payment.
2. Rental Term and Automatic Renewal.
Unless the Customer’s invoice states a different period, all rentals are month-to-month. The rental term commences on the date of delivery and renews automatically at the end of each billing cycle, at the same rate, until cancelled in accordance with the Refund and Cancellation Policy. Homepro Medical will not change the rental rate during an active rental without at least thirty (30) days’ advance written notice to the Customer.
3. Ownership of Rented Equipment.
All rented equipment is, and at all times remains, the sole property of Homepro Medical. A rental conveys a right of use only and transfers no ownership interest of any kind. The Customer shall not sell, offer for sale, pledge, encumber, sublet, assign, or otherwise dispose of rented equipment; relocate rented equipment from the delivery address without Homepro Medical’s prior written consent; or withhold rented equipment following termination of the rental. Equipment that is not returned, or that is withheld after the rental ends, will be charged to the payment method on file at its replacement value in accordance with the Rental Agreement, and Homepro Medical reserves all rights and remedies available at law or in equity to recover its property.
4. Rental Buyout.
The Customer may purchase equipment that the Customer is actively renting at any time. The buyout price is the item’s full listed sale price, less one (1) month of rent paid on that item. Upon request, Homepro Medical will confirm the buyout amount in writing before processing any charge. Title to purchased equipment passes upon Homepro Medical’s receipt of payment in full.
5. Shipping of Purchased Items.
Orders for purchased items are processed within three (3) business days of order placement. Items in stock are shipped within seven (7) business days of order placement. If an item is backordered, Homepro Medical will use commercially reasonable efforts to notify the Customer promptly and to confirm an expected shipping range before the order is charged. If payment has already been processed, the Customer may elect to await the confirmed shipping range or to receive a full refund
6. Rental Delivery Scheduling.
Upon confirmation of payment and invoicing, Homepro Medical will contact the Customer to schedule delivery in accordance with these Terms and the Rental Agreement. Delivery is subject to the service-area, access, and scheduling conditions stated at the time of order.
7. One-Time Service Fees.
Delivery, pickup, setup, sanitization, and deposit-type fees are itemized on the Customer’s invoice, are collected in advance, and are non-refundable once the corresponding service has been rendered.
8. Warranties and Disclaimer.
Homepro Medical warrants that rented equipment is sanitized and in good working order at the time of delivery, and will repair or exchange malfunctioning rented equipment as provided in the Rental Agreement. Except as expressly stated in these Terms, all equipment and services are provided “as is,” and Homepro Medical disclaims all other warranties, express or implied, including the implied warranties of merchantability and fitness for a particular purpose, to the fullest extent permitted by law. Equipment is supplied for general home use and is not a substitute for professional medical care. Suitability of any equipment for a particular individual should be confirmed with that individual’s healthcare provider
9. Limitation of Liability.
To the fullest extent permitted by law, Homepro Medical’s aggregate liability arising out of or relating to any order is limited to the amounts paid by the Customer for the equipment or service at issue, and Homepro Medical is not liable for indirect, incidental, special, or consequential damages. Nothing in these Terms limits any liability that cannot lawfully be limited, including under applicable New York law.
10. Eligibility and Order Acceptance.
Homepro Medical’s products and services are offered to adults (eighteen (18) years of age or older) in the United States. Each order constitutes an offer by the Customer to purchase or rent and is accepted only upon confirmation by Homepro Medical. Homepro Medical may refuse, limit, or cancel any order, including for suspected fraud, pricing or typographical errors, or equipment unavailability, and will issue a full refund of any amounts paid for the unfulfilled portion of the order. If a price is listed in error, Homepro Medical will notify the Customer and either cancel the order or, at the Customer’s election, complete the order at the correct price.
11. Title and Risk of Loss.
Title to purchased items passes upon Homepro Medical’s receipt of payment in full. Risk of loss passes upon delivery to the Customer’s shipping address. The Customer is responsible for inspecting shipments on arrival. Transit damage, shortages, or incorrect items must be reported to Homepro Medical within forty-eight (48) hours of delivery so that carrier claims may be filed and the matter resolved as described in the Refund and Cancellation Policy.
12. Product Information; No Medical Advice.
Product descriptions, images, and specifications are provided for general informational purposes. Homepro Medical endeavors to maintain their accuracy; however, manufacturers may change specifications, and Homepro Medical does not warrant that all content is error-free. Homepro Medical staff provide general equipment information only. Nothing published or communicated by Homepro Medical constitutes medical advice. Equipment must be selected, configured, and used in accordance with the manufacturer’s instructions, including stated weight capacities, and suitability for any individual should be confirmed with that individual’s healthcare provider
13. Manufacturer Warranties.
Purchased items may be covered by a manufacturer’s warranty, which Homepro Medical passes through to the Customer to the extent transferable. Warranty service is provided by the manufacturer under the manufacturer’s own terms. Homepro Medical will provide reasonable assistance in presenting warranty claims. Nothing in these Terms modifies or limits any manufacturer’s warrant
14. Indemnification.
To the extent permitted by applicable law, the Customer agrees to indemnify and hold harmless Homepro Medical from and against third-party claims, losses, and expenses arising out of misuse of equipment, use contrary to the manufacturer’s instructions or weight limits, unauthorized modification or repair, or the Customer’s breach of these Terms except to the extent caused by the negligence or willful misconduct of Homepro Medical.
15. Communications.
By providing a telephone number or email address, the Customer consents to receive transactional and service communications from Homepro Medical (including order confirmations, delivery scheduling, and billing and renewal notices) by telephone call, text message, and email. Consent to marketing communications is not a condition of purchase. The Customer may opt out of marketing communications at any time by replying STOP to a text message or by using the unsubscribe link in an email. Message and data rates may apply.
16. Dispute Resolution; Arbitration; Class Waiver.
The Customer is encouraged to contact Homepro Medical in the first instance regarding any dispute, and Homepro Medical will endeavor in good faith to resolve the dispute within thirty (30) days. Any dispute not resolved informally shall be resolved by binding arbitration before the American Arbitration Association under its Consumer Arbitration Rules, on an individual basis only, in the county in which the Customer resides or in Kings County, New York. Either party may instead bring an individual claim in a court of competent jurisdiction for small claims. To the fullest extent permitted by law, both parties waive any right to a jury trial and any right to participate in a class, collective, or representative action. The Customer may opt out of this arbitration provision by delivering written notice to Homepro Medical within thirty (30) days of the Customer’s first order. This Section is governed by the Federal Arbitration Act. If the class waiver is found unenforceable as to a particular claim, that claim shall proceed in court.
17. Governing Law and Venue.
These Terms, and all orders placed under them, are governed by the laws of the State of New York, without regard to its conflict-of-laws principles, except that Section 16 is governed by the Federal Arbitration Act. Subject to Section 16, any action shall be brought exclusively in the state or federal courts located in Kings County, New York; provided, however, that nothing in this Section requires a consumer to litigate outside the consumer’s state of residence where applicable law prohibits such a requirement.
18. State-Specific Provisions.
These Terms apply to the Customer only to the extent permitted by the law of the Customer’s state of residence. Each limitation, disclaimer, and waiver in these Terms applies only to the extent permitted by that law, and nothing in these Terms waives rights that cannot be waived under applicable state consumer protection law. For New Jersey residents: no provision of these Terms is intended to violate the Truth-in-Consumer Contract, Warranty and Notice Act, and the limitations in Sections 8, 9, and 14 apply only to the extent permitted by New Jersey law. For California residents: certain products may expose the user to chemicals known to the State of California to cause cancer or reproductive harm; see www.P65Warnings.ca.gov.
19. Changes; Miscellaneous.
Homepro Medical may revise these Terms prospectively. The version of the Terms posted at the time an order is placed governs that order. The Customer may not assign the Customer’s rights under these Terms without the prior written consent of Homepro Medical; Homepro Medical may assign its rights to an affiliate or successor. The failure of Homepro Medical to enforce any provision of these Terms shall not constitute a waiver of that provision. If any provision of these Terms is held unenforceable, that provision shall be modified to the minimum extent necessary or severed, and the remaining provisions shall continue in full force and effect. These Terms, the Rental Agreement (for rentals), Homepro Medical’s posted policies, and the Customer’s invoice constitute the entire agreement between Homepro Medical and the Customer with respect to the order.
20. Contact.
Homepro Medical, 153 21st Street, Brooklyn, New York 11232 · (800) 437-3677.