Patient Terms and Conditions
Last Updated: April 30, 2026
ALL SALES OF PRODUCTS BY ClarO2 Medical LLC AND ITS AFFILIATES (“ClarO2”) TO CUSTOMER AND CUSTOMER’S USE THEREOF ARE EXPRESSLY CONDITIONED ON CUSTOMER’S ACCEPTANCE OF THE FOLLOWING TERMS AND CONDITIONS, AND ACCEPTANCE OF THE PRODUCT BY CUSTOMER IS AN ACCEPTANCE OF THE FOLLOWING TERMS AND CONDITIONS.
“CUSTOMER” SHALL REFER TO THE PURCHASER OF PRODUCT DIRECTLY FROM ClarO2
1. Orders
Orders for products sold by ClarO2 to Customer (“Products”) may be placed via ClarO2’s official website. No orders shall be binding upon ClarO2 unless and until accepted by ClarO2 in writing under these terms and conditions, and ClarO2 shall have no liability to Customer with respect to orders that are not accepted.
2. Prices
ClarO2 reserves the right to change prices without notice; however, prices in effect at the time of order acceptance will prevail. Shipping and handling charges and all applicable taxes, duties, customs and fees will be displayed on the website and included in the total order amount, payable in full by Customer upon online checkout at the time of purchase with no additional follow-up charges, unless the quotation states that ClarO2 will cover the shipping and handling costs. All amounts due shall be paid in U.S. dollars.
3. Payment Terms
Unless otherwise noted, ClarO2 accepts credit cards, wire transfers, money orders, ACH transfers, and certified bank checks only. Title to Products and risk of loss shall pass to Customer upon delivery of Products to the carrier at the point of shipment. Full payment is due at time of online checkout. If ClarO2 employs any legal process to recover any amount due and payable from Customer under these terms and conditions, Customer shall pay all costs of collection and reasonable attorney’s fees.
4. Inspection, Product Changes and Substitutions
4.1 Inspection and Acceptance
It is Customer’s responsibility to inspect all Products promptly upon receipt for damage attributable to the carrier and to make claim directly to the carrier for such damage. Shipment by ClarO2 shall be deemed accepted by Customer unless written notice of shipping damage or quantity discrepancy is received by ClarO2 within ten (10) business days of delivery to Customer’s designated shipping address, unless otherwise expressly agreed to in writing by ClarO2.
4.2 Product Changes and Substitutions
ClarO2 reserves the right: (a) to make technical or design changes to Products without prior notice, with no obligation to retrofit previously delivered units; and (b) to ship the latest updated version of the Product regardless of catalog descriptions where applicable.
5. Returns, Repairs or Replacements Beyond Warranty
5.1 Returns Policy
Product returns will not be accepted by ClarO2 unless ClarO2’s written authorization has been obtained in advance in the form of a Return Material Authorization (“RMA”) number, and the items are received by ClarO2 in complete original condition. When returning Product, Customer is required to include a copy of the original invoice or packing slip to ensure prompt credit processing. The RMA number must be clearly printed on enclosed documents and the outside of the return shipping box.
Customer is granted a 30-day risk-free trial period from date of delivery, subject to all other conditions set forth herein. During this period, Customer may return Product for a full credit equal to the invoiced product price only. Prepaid shipping fees paid by Customer at online checkout are non-refundable.
To qualify for full product credit, Customer must contact ClarO2 within 30 days of delivery to initiate the RMA process. Once an RMA is generated, Customer has exactly 7 calendar days to ship the product back to ClarO2 to receive full credit.
If the RMA request is submitted within the 30-day trial window, but the returned product is not shipped within 7 days after RMA issuance, the refund credit will be subject to a flat $200 restocking fee.
No return request will be approved once 30 days have passed after delivery date. Accessories alone cannot be returned for credit unless purchased and returned together with a complete eligible ClarO2 system.
After ClarO2 receives and fully inspects the returned unit to confirm all original components are included, the remaining credit (minus applicable restocking fees) will be issued within 10 business days. Partial credit will be issued if any original parts or accessories are missing upon inspection.
5.2 Repairs or Replacements Beyond Warranty Coverage
For Products sent for repair or replacement that fall outside the manufacturer’s limited warranty, Customer must contact ClarO2 first to receive service instructions and an official RMA number before shipping any unit back. Returns without valid RMA numbers will be refused at our repair facility.
All freight expenses to ship the Product back to our repair facility shall be borne solely by Customer. The prepaid shipping fee paid at checkout only covers the initial outbound delivery and does not include any shipping costs for repair service round trips. Customer shall also cover all return shipping charges for repaired or replaced units sent back to the Customer.
All standard diagnostic and repair labor fees charged by ClarO2 or its authorized third-party service contractors are the sole responsibility of the Customer, separate from all shipping fees. Any assemblies replaced during service become the exclusive property of ClarO2.
6. Limited Warranty, Out-of-Box Failure, Exclusions & Delinquent Accounts
6.1 Limited Warranty Terms
ClarO2 warrants each Product to be free from defects in materials and workmanship under standard intended use, proper routine maintenance, for the warranty duration printed on the product warranty card. The warranty term commences on the Original Shipment Date, meaning the date ClarO2 first ships the unit to the original purchasing Customer.
This limited warranty applies only to the original end-user Customer and is non-transferable. Valid original purchase proof and customer identity verification are required to activate warranty coverage. Customer must inspect each unit within 2 business days after delivery before first use.
Any improper operation or failure to follow all official user manual instructions will void all warranty coverage. ClarO2’s total liability and Customer’s exclusive remedy for any warranty breach is limited, at ClarO2’s sole discretion, to repair or replacement of the defective Product or component (Customer responsible for all return shipping costs).
Customer must notify ClarO2 in writing of any suspected defect promptly after discovery and within the active warranty period. All warranty returns require a valid RMA reference number issued by ClarO2. ClarO2 holds final authority to determine whether a reported malfunction is covered under this limited warranty and the root cause of any defect claim.
6.2 Out-of-Box Product Failure (First 90 Days)
For units that malfunction within the first ninety (90) calendar days after Original Shipment Date (“Out-of-Box Period”), Customer shall contact ClarO2 to request an RMA number.
ClarO2 will ship a replacement unit to the Customer in advance of receiving the defective product. The replacement unit may be brand-new or factory-refurbished built to current new product specifications and carries full equivalent new-unit warranty coverage, determined solely by ClarO2.
ClarO2 covers outbound shipping of the replacement unit and return shipping for the defective unit sent back to ClarO2. No charge will be applied for the replacement unit provided Customer returns the faulty unit within 10 business days after RMA issuance and ClarO2 confirms the failure qualifies under limited warranty terms.
If the defective unit is not received within 10 business days of RMA creation, or ClarO2 determines the damage is not covered by warranty, ClarO2 will invoice the Customer for the full list price of the replacement unit, payable immediately upon receipt of invoice.
6.3 Post 90-Day Product Failure (Within Warranty Term)
For units that fail after the initial 90-day out-of-box window but still within the active warranty period, Customer must request an RMA number and ship the unit back to ClarO2 at Customer’s full cost and shipping risk. ClarO2 will inspect the unit; if covered under warranty, ClarO2 will repair or replace the unit within a reasonable processing window and ship the unit back at Customer’s shipping cost and risk. Expedited advance replacement service may be offered at ClarO2’s discretion; contact Client Services for details.
6.4 Warranty Exclusions
This limited warranty does not cover Products or components damaged by abuse, misuse, accidental impact, unauthorized modification, neglect, improper operation, extreme physical/thermal/electrical stress, Acts of God, or unapproved third-party repair, installation or alteration. ClarO2 bears no service obligation for such damaged equipment.
If ClarO2 determines the unit is excluded from warranty coverage, Customer shall pay all full repair/replacement labor fees plus all round-trip shipping charges.
The limited warranty does not apply to:
- (a) Consumable routine service parts including but not limited to air filters;
- (b) Single-use disposable accessories including nasal cannulas, nasal pillows, tubing sleeves;
- (c) Damage caused by pairing the unit with unapproved third-party components, accessories or replacement parts not listed in the official user manual;
- (d) Natural wear and tear from long-term regular use.
THE LIMITED WARRANTY STATED HEREIN AND ON THE PRODUCT WARRANTY CARD IS EXCLUSIVE AND REPLACES ALL OTHER EXPRESS OR IMPLIED WARRANTIES, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A SPECIFIC MEDICAL PURPOSE AND NON-INFRINGEMENT. No verbal or written statement by ClarO2 staff may alter or amend this limited warranty unless confirmed via formal written document signed by an authorized ClarO2 management representative.
6.5 Delinquent Customer Accounts
If a Customer account becomes delinquent, ClarO2 reserves the right to suspend all advance replacement services and only process repair-only RMA requests to reduce financial exposure. An account is classified delinquent when any outstanding invoice balance remains unpaid for 60 days or longer past the due date.
7. Liability Limitations & Force Majeure
7.1 Limitation of Liability
ClarO2 shall not be liable for any indirect commercial losses, lost revenue, lost profits, loss of business goodwill, inconvenience damages, exemplary, special, incidental, consequential or punitive damages of any kind, or third-party damage claims, regardless of claim basis (contract, tort, equipment defect, data loss or other product usage issues), even if ClarO2 has been advised of the potential risk of such damages in advance.
ClarO2’s maximum total aggregate liability for any loss or damage arising from a single Product shall never exceed the original product purchase price paid by Customer for that unit.
7.2 Force Majeure
ClarO2 shall not be liable for performance delays or full service failures caused by Acts of God, war, civil unrest, fire, explosion, flood, sabotage, shortages of fuel, power, raw materials or manufacturing components, federal/state government regulatory orders, labor strikes, lockouts, court injunctions, or any other events outside reasonable control of ClarO2, including supplier delays and technical infrastructure outages. In the event of such force majeure disruption, ClarO2 may allocate available product inventory among all active Customers at its sole reasonable discretion.
8. Resale Restrictions, Intellectual Property & Indemnification
8.1 Usage & Export Resale Rules
Customer agrees all purchased Products are intended solely for personal end-user use by the purchasing Customer only. Customer acknowledges that ClarO2 oxygen equipment is classified as FDA-regulated medical devices; sale or rental within the United States requires a valid prescription issued by a licensed medical provider.
Customer shall not resell, rent, transfer, export or re-export any ClarO2 Products to any third party located outside the Customer’s resident domestic country without prior written export authorization issued by ClarO2, and without first securing all required U.S. federal and foreign government export licenses and permits.
Customer is fully responsible for compliance with all U.S. federal, state and international medical device, home oxygen and export control laws and regulations. By accepting delivery of the Product, Customer certifies all usage and handling will fully comply with all applicable local, state, federal and international regulatory standards.
8.2 Intellectual Property Ownership
ClarO2 retains all full right, title and interest to all product trademarks, brand identifiers, logos and associated business goodwill (“Trademarks”). Purchase of the Product does not grant any express or implied manufacturing, duplication or reverse-engineering license to reproduce any ClarO2 equipment or proprietary components.
8.3 Indemnification Clause
Customer shall defend, indemnify and hold ClarO2 harmless against all liability, damages, financial losses, legal fees and litigation expenses arising out of third-party claims, lawsuits or legal proceedings related to Customer’s use, storage or distribution of ClarO2 Products, except for damages proven to arise solely from gross negligence or intentional willful misconduct committed by ClarO2.
9. Notices, Arbitration, Assignment & Full Agreement
9.2 Official Notices
All formal notices, claims, demands and communications under this agreement must be delivered in written format via hand delivery, fax, or registered/certified postal mail (prepaid postage, return receipt requested). Customer notices will be sent to the billing address on file.
9.3 Binding Arbitration
Except where otherwise specified within these terms, all disputes between ClarO2 and Customer shall be resolved exclusively via binding arbitration administered by the American Arbitration Association (AAA) under its current active rules, held in Santa Barbara County, California, unless both parties mutually agree in writing to an alternative arbitration venue.
Both parties will jointly select a neutral arbitrator. If mutual agreement on one arbitrator cannot be reached within 10 calendar days, each party shall appoint one separate arbitrator within 7 additional days, and the two appointed arbitrators will jointly select a third neutral lead arbitrator to oversee the full case. Failure by either side to appoint their individual arbitrator within the 7-day window will result in automatic arbitrator assignment by the AAA upon application from the opposing party. All arbitration awards are legally binding and may be entered as judgment in any court of competent jurisdiction.
9.4 Waiver Provision
Any temporary failure by ClarO2 to enforce any clause within these terms shall not constitute a permanent waiver of the right to enforce that clause at any future date.
9.5 Assignment of Agreement
Neither party may assign or delegate this sales agreement without prior written consent from the opposing party, with two exceptions: (1) ClarO2 may assign this contract to any entity merged with ClarO2 or any successor entity acquiring substantially all of ClarO2’s medical device business and assets; (2) ClarO2 may independently assign accounts receivable payment rights to third-party financial service providers.
9.6 Distributor Agreement Priority
If ClarO2 executes a separate formal distributor, wholesale or reseller master agreement with a business Customer, any conflicting terms covering shipping rules, financing arrangements, product acceptance criteria, substitution policies, warranty specifications and out-of-box failure handling procedures within that master agreement shall supersede corresponding text inside this Patient Terms and Conditions document. Any scenario or requirement not addressed in the separate distributor agreement shall be governed by this primary patient terms document.
9.7 Entire Agreement & Amendments
These Patient Terms and Conditions constitute the complete binding agreement between Customer and ClarO2 for all product sales transactions, superseding all prior oral, written negotiations, advertisements, sales statements or informal understandings.
No amendment or modification to these terms shall be legally binding upon ClarO2 unless drafted in written format and signed by an authorized ClarO2 corporate representative. Any purchase order or third-party document containing conflicting contractual language shall not override this agreement without separate formal written approval issued by ClarO2. Waiver of any contract breach is only valid if provided via signed written document by the non-breaching party.
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