Terms and conditions of sale

Unless the context indicates otherwise, the term "Equipment" refers to the EVA hyperbaric chamber and all goods, equipment, parts and accessories marketed, distributed or sold to the Buyer by the Seller. The term "Services" refers to the labor, supervision, installation, repair and project services provided by the Seller. The term "Buyer" refers solely to the Party issuing the purchase order to the Seller, regardless of whether it is the end user of the Equipment or Services, and the term "Parties" refers collectively to the Seller and the Buyer, and individually as a "Party".

EVA is wellness and longevity equipment. It is not a medical device and is not intended to diagnose, treat, cure or prevent any disease. Its use does not replace the advice of a healthcare professional. The Buyer is responsible for ensuring that the Equipment is used in accordance with the manufacturer's manual and with the local regulations applicable to its activity. Any person with a pre-existing health condition is advised to consult a professional before using the Equipment.

The Seller must receive full payment with the purchase order and undertakes to deliver the Equipment to the Buyer within 45 days of receipt of payment. Any other condition of sale must be documented in a separate addendum and is exceptional. The Seller has no obligation to finance or provide other payment terms to the Buyer.

If required by the Seller, the Buyer shall cause an irrevocable letter of credit to be established in favor of the Seller at a bank approved by the Seller. The Seller is entitled to charge the costs associated with the letter of credit to the Buyer's account. Performance schedules are conditioned upon receipt of the letter of credit within thirty (30) days following award.

Federal, state, local, value-added, sales and use, and other applicable taxes on the price of the Equipment or Services are not included in the price unless expressly agreed by the Seller in writing. The Buyer acknowledges that there may be tax consequences arising from its participation in an incentive or rebate program with the Seller, and that it may be required to pay taxes on the value of any rebate received. The Seller is not responsible for remitting taxes on behalf of the Buyer or for providing the Buyer with tax-related documentation. The Buyer is solely responsible for ensuring that such taxes are reported and paid to the appropriate tax authority.

All quotations are valid for a period of thirty (30) calendar days unless extended by the Seller in writing. If this Agreement is delayed or suspended, in whole or in part, by the Buyer for more than thirty (30) days, the price shall be subject to renegotiation. Acceptance of the Equipment occurs at the point of delivery. Acceptance of any Services occurs upon their performance.

The Seller shall provide the Buyer with a limited warranty and statement of exclusive remedies with respect to the Equipment sold ("Limited Warranty Statement"). The Buyer acknowledges receipt thereof, also available upon request, and accepts its terms.

The Equipment warranty is exclusive and is in lieu of all other warranties. There are no other express or implied warranties, including warranties of merchantability or fitness for a particular purpose, all of which are expressly excluded.

The Seller's sole obligation and the Buyer's exclusive remedy for any breach of warranty shall be, at the Seller's option, to repair or replace the product, or to refund the purchase price by crediting the Buyer's account. The Seller shall not be liable to the Buyer or to any third party, under any theory of law, equity or strict liability, for any direct, accidental, special, punitive, incidental, consequential or indirect damages, or for commercial damages (including loss of profits, use, opportunity or reputation), even if the remedies provided herein fail of their essential purpose or the Seller has been advised of the possibility of such damages.

Products distributed but not manufactured by the Seller are covered by their manufacturer's warranty. The Seller warrants its Services against defects in workmanship for a period of ninety (90) days from completion.

The Buyer agrees to defend, indemnify and hold the Seller harmless from any third-party claim arising from the use, sale or lease of the Equipment or Services, and from all expenses, losses and damages resulting from the Buyer's breach of these terms. No termination by the Buyer shall be effective unless the Buyer gives the Seller written notice of the breach within fifteen (15) days, and only if the Seller fails to begin correcting it within fifteen (15) days after receipt of such notice.

The Seller shall not be liable for any delay or failure to perform, in whole or in part, if it arises from: (i) good-faith compliance with any governmental regulation, order or request, domestic or foreign, even if later shown to be invalid; (ii) any contingency the non-occurrence of which was a basic assumption when this Agreement was made, including acts of God, fires, floods, accidents, riots, war, terrorism, sabotage, cyberattacks, quarantines, public health emergencies, strikes, labor problems, equipment failures or carrier delays; (iii) the inability to obtain raw materials, energy, equipment, labor or transportation on acceptable terms; (iv) additional costs arising from environmental, health or safety regulations; or (v) any event beyond the Seller's reasonable control that renders performance impracticable.

If such circumstances affect only part of its capacity, the Seller may allocate production and deliveries at its sole discretion. The affected quantities may be removed from the Agreement without liability, without the Agreement itself being affected. The Seller shall have no further obligation if it considers that continued performance would violate export controls, sanctions or other trade restrictions.

Unless agreed in writing, domestic shipments are governed by EXW or CPT, and international shipments may be covered by FCA, FOB, EXW, CPT, CIP, CIF, CFR, DAP or DDP, with responsibilities according to Incoterms® 2010. "Delivery" occurs in accordance with such Incoterms, and risk of loss or damage passes to the Buyer in accordance with them, notwithstanding any prepayment of transportation or insurance.

The price and delivery schedule are based on the laws, codes and standards in effect on the date of acceptance of the purchase order. If these change, or if the Buyer modifies the specifications, and this affects the cost or the schedule, the Seller shall inform the Buyer and the Parties shall negotiate in good faith the resulting modification of the order.

Unless agreed in writing, all rights to any invention, development, improvement or modification of the Equipment and Services made under this Agreement shall remain the exclusive property of the Seller. Any design, report, drawing or specification sent to the Buyer ("Seller Documents") shall be the exclusive property of the Seller. Without the Seller's prior express consent, the Buyer shall not copy or disclose the Seller Documents to third parties, nor use them for any purpose other than installing, owning, operating and maintaining the Equipment. Any unauthorized reuse shall be at the Buyer's sole risk, and the Buyer shall indemnify the Seller for any resulting claims. Upon the Seller's request, the Buyer shall immediately return such documents.

This Agreement may not be transferred or assigned by the Buyer without the prior written consent of the Seller. Any assignment without such consent shall be void.

To the maximum extent permitted by law, the Seller, its affiliates, suppliers and subcontractors shall not be liable for special, indirect, incidental, punitive or consequential damages, including loss of profits, loss of use, replacement costs, downtime or any penalty. The Seller's total liability under this Agreement shall not exceed the purchase price paid for the Equipment or Service in question.

The Seller shall not be obligated to export or deliver technical information, data or Equipment if doing so is prohibited by the laws of the United States or any other applicable jurisdiction, and may cancel its obligations without further liability. The Buyer is responsible for obtaining licenses and paying export and import duties for products sold outside the United States, and shall not export or re-export Equipment or technical information in violation of such laws.

The Buyer warrants that it complies with US anti-corruption laws and other similar local or international laws, and that it has not offered and will not offer gifts or payments in violation thereof. Any violation constitutes a material breach of this Agreement.

This Agreement is governed exclusively by the laws of the State of Georgia, USA. Any dispute that cannot be resolved amicably within sixty (60) days shall be resolved by binding arbitration, conducted in English in Miami, Florida. The arbitral award shall be final and binding, and judgment may be entered in any court of competent jurisdiction.

This Agreement constitutes the entire and exclusive agreement between the Seller and the Buyer. The invalidity of any provision shall not affect the validity of the remaining provisions. No provision is intended to benefit third parties.

Once payment has been made, the order cannot be cancelled due to the consultative nature of the sale and the high-performance warranty of the Equipment, which includes ongoing support service.

Upon receiving the merchandise from the carrier, the Buyer must examine it carefully. If a damaged box is received, the Buyer must inspect the contents immediately and refuse delivery if the merchandise is damaged. If damage is discovered after accepting and signing, the Buyer must call 1 (786) 589-9197 within 24 hours to report it and initiate the return authorization request. If damage is not reported within 24 hours of delivery, US Hyperbaric Network LLC will be unable to replace the damaged products.

The Buyer must take photographs and thoroughly document the damage, which will allow US Hyperbaric Network LLC, the manufacturer or the distributor to file an insurance claim with the carrier. If the claim is denied because the Buyer signed the proof of delivery without exceptions or notation of damage, the Buyer shall be responsible for the full price of the damaged product and of the replacement product.

The carrier may review the documentation and decide, at its sole discretion, whether to authorize the return of the damaged merchandise. If it does not, the Buyer may discard, donate or recycle it, and US Hyperbaric Network LLC will not reimburse the associated costs. The Buyer must not dispose of the merchandise until instructed to do so, as the claim process may take up to 120 days, during which it must remain in the Buyer's possession.

• (a)Inspect: open or unpack the items, check for concealed damage and confirm that they match the order.
• (b)Document: note in ink any damage, defect, tear, breakage or missing parts directly on the "Delivery Receipt".

By signing the delivery receipt, the Buyer legally signs a release of liability stating that the order was inspected and shows no damage. The Buyer has the right to refuse delivery and request its return. If the inspection and documentation steps are not followed, the insurance policy will be voided and replacement or repair costs shall be borne by the Buyer.

If a carrier reports that an item has been lost or misplaced, the Buyer must immediately contact US Hyperbaric Network LLC, which will file a tracing claim. The item is normally located within 72 hours. If it is deemed permanently lost, its replacement and delivery to the Buyer will be arranged.

Products cannot be returned. The Buyer must review the merchandise upon receipt and report any shortage within 48 business hours; after that period, US Hyperbaric Network LLC will be unable to replace missing products. For shipping errors attributable to the Seller, the Buyer has 30 days from delivery to contact US Hyperbaric Network LLC and shall not be responsible for return shipping costs.

All returns require a Return Authorization Number (RA#), clearly marked on the outside of the box. Boxes without an RA# will be refused by the warehouse and returned to the sender.

• (a)Request the RA# by email at returns@biobarica.com or by phone at (786) 589-9197, providing the order number shown on the invoice.
• (b)Wait for the instructions with the RA# and the exact warehouse address, which varies by product. If the Buyer ships to an incorrect address, the Buyer shall bear the rerouting charges.
• (c)Ship via a tracked service, in new and resalable condition, with all original packaging, accessories, warranties and manuals. Purchasing shipping insurance is recommended, as the Seller is not responsible for damage during return transit.
• (d)Used, damaged or non-resalable returned items will not be refunded or replaced.
• (e)Once the product is received, its value will be credited to the Buyer's bank account or credit card, less applicable restocking fees. The credit may take four to six weeks to appear.

If a damaged-product label is issued and the warehouse later determines that the item is not damaged or defective, the label plus applicable restocking fees will be charged. US Hyperbaric Network LLC is not responsible for minor manufacturing or design changes made to improve the product or to comply with regulations, nor for color variations resulting from on-screen display.

US Hyperbaric Network LLC does not allow direct product exchanges. The exchange process requires: (a) placing a new order for the desired item; (b) requesting from returns@biobarica.com an RA# and the shipping address for the product to be returned; (c) shipping the item to the designated warehouse; and (d) once processed, receiving the credit to the credit card, less applicable restocking fees.

If the Buyer refuses delivery of a package, or it is returned as undeliverable to the address provided, the Buyer shall be responsible for refusal shipping charges, return shipping charges and restocking fees of up to 70%, unless the item was non-returnable. Non-returnable items refused upon delivery will not be refunded. This policy applies to both freight and standard ground deliveries.

Returns without an RA# are non-refundable. US Hyperbaric Network LLC reserves the right to refuse delivery of products that do not have an RA# clearly indicated on the outside of the package.

Once a non-returnable product has left the warehouse, it cannot be returned. Custom products or products manufactured under the "Just in Time" process are non-returnable. The following are considered non-returnable:

• (a)Accessories, parts and spare parts, as special-order items.
• (b)Any opened, used or tested item.
• (c)Open-box items, designated as final sale.
• (d)Mats, pillows, covers and other accessories that come into contact with the body, for hygiene reasons.

International orders paid by wire transfer or certified check cannot be returned; all international sales are final. US Hyperbaric Network LLC purchases shipping insurance on all international orders; if the product arrives damaged, the Buyer must report it upon arrival so the claim and replacement can be processed. If an international shipment is returned as unclaimed, shipping and restocking fees will apply. The Buyer is responsible for customs, taxes and import duties in its country.

Orders placed through FedEx Cross Border cannot be returned. For such orders, FedEx Cross Border acts as the merchant, provides shipping insurance and directly handles any damage claim, which must be reported to it upon arrival of the product.

The custom installation service involves made-to-measure manufacturing, logistics, planning and coordination with professional technicians. For this reason, once contracted and initiated, the installation cannot be cancelled or returned. If a defective part is identified during installation, it is the Buyer's responsibility to coordinate the warranty claim with the manufacturer.

For a defective product covered by warranty, the manufacturer may: (a) send a replacement part; (b) send a service technician; or (c) issue an RA# to return the product to the factory. All written warranties will be honored by the manufacturer. US Hyperbaric Network LLC will provide the manufacturer's contact information and, when the manufacturer requires it, will act as liaison in the warranty claim or in obtaining omitted, damaged or defective parts.

Every effort is made to ensure that descriptions, dimensions, images and prices are accurate. In the event of a pricing error, the Buyer will be informed promptly and, where appropriate, the transaction will be refunded. US Hyperbaric Network LLC reserves the right to supply or not supply a product, and to modify or decline to honor a quotation containing a material pricing error. The Equipment may vary slightly in design or color from illustrations due to updates and new versions; unless functionality is directly affected, no refund will be issued. Prices are subject to change without notice.