BabyFM Client Service Agreement
You are the only user of this fetal doppler monitor (unit). When you return the unit, you will send it back using the enclosed, return shipping materials (typically a pre-addressed, prepaid, FedEx shipping container).
BabyFM ensures each unit will perform according to its manufacturer’s specifications.
You accept full responsibility for the unit while it is in your possession. You agree to be responsible for its replacement, at retail value, if it is lost, stolen or destroyed. You agree to return it clean and in working condition. You assume full liability for repair costs if the unit is damaged by misuse, neglect, or accident while being rented by you. There is a minimum $50 charge for any required repairs on a rented doppler. You have already consulted with a licensed medical practitioner about its use.
You agree to inspect your doppler immediately upon receipt. You have seven days from receipt of your package to notify us of any damage, problems with usage, or to otherwise register a complaint about the unit’s arrival condition. After seven days, if you have not notified us, you accept the unit as having arrived in good working order.
Each monthly rental fee represents a 30 day period of rental time. The monthly rental fee (based upon the type of unit you rent) will be charged to your credit or debit card on file. You agree to rent the unit for a minimum of two months. Your 1st charge will occur the day the unit is shipped out. The amount of the 1st charge will be for the two month, minimum rental period. Your next monthly charge will occur on the 61st day of rental. After that, monthly rental charges will occur every 30 days until either: a) You notify BabyFM that the unit has been picked up or dropped off for delivery back to BabyFM; or b) The day BabyFM physically receives the unit. Once charged, monthly rental fees are not refundable. Should you become delinquent on rental fees, you will be responsible for the full purchase price of the doppler plus any collection and attorney's fees incurred by BabyFM.
You agree that any claim against BabyFM or its employees, representatives, owners, consultants or related parties (including any claim for harm, loss, injury, damage or destruction) shall be limited to the total amount of fees paid by you to BabyFM under this Agreement. This Agreement shall be governed by and construed in accordance with the laws of the State of Georgia, applicable to contracts made in Georgia, by persons domiciled in Atlanta, Georgia and without regard to its principles of conflicts of laws. Any claim for damages under this Agreement shall be submitted to arbitration with the American Arbitration Association in Atlanta, Georgia, and shall be finally and conclusively determined by the decision of a board of arbitration consisting of one (1) member. Any decision made by the arbitrator shall be final, binding and conclusive on the parties to the dispute, and entitled to be enforced to the fullest extent permitted by law and entered in any court of competent jurisdiction.
This Agreement, represents the entire Agreement between the parties concerning the subject matter hereof, and there are no understandings, agreements, or representations other than as set forth herein. This Agreement is binding upon the parties, their heirs, spouses, executors, administrators, successors and assigns. No modification, amendment or waiver of any provision of this Agreement, nor any consent to any departure by any party from the terms hereof, shall be effective unless the same be in writing and signed by all parties hereto. If any provision of this Agreement is held invalid, illegal or unenforceable, the validity, legality or enforceability of the remaining provisions shall in no way be affected or impaired thereby.
In the State of Georgia, theft of property is considered a crime punishable by fines and possible imprisonment.
I have read and understand this agreement. I have voluntarily agreed to its terms.
