Shipping Policy
The shipping fee for the first TargetCool Starter Kit will be waived and shipped via UPS Ground (2-5 business days). All other orders will be charged a flat UPS Ground Shipping Rate. Manual orders are not subject to the same policy as the Hans Biomed USA, Inc. e-store.
Payment Policy
Customers must provide full payment upon purchase. Customers shall be responsible for any applicable taxes in connection with this Terms and Conditions imposed by any government or offering taxing authority, including, but not limited to, sales, use, excise, value-added, goods and services, consumption, and other similar taxes or duties as well as any applicable fees (e.g., credit card fees, etc.).
Inventory Tracking
TargetCool Device is a medical device with a unique serial number for each device. In accordance with FDA regulations, customer information along with date of shipment must be provided to Recens, Inc. for inventory tracking purposes. Customers agree to sharing information by purchasing one or more TargetCool Device(s).
Training
Recens, Inc. shall provide the onboard training on-site or virtual for no additional charge to all TargetCool customers under Hans Biomed USA, Inc. The onboarding process will include operating the TargetCool Device and Consumables. All sales related matters, repurchasing TargetCool Equipment or Consumables, will be handled by the Hans Biomed USA, Inc. Sales Representative.
Technical Support
Recens, Inc. will provide technical support for TargetCool Equipment sold under Hans Biomed USA, Inc. Technical service support is available during weekdays from 9:00 AM – 5:00 PM PST for the remainder of the warranty period. Recens Inc. reserves the right to not offer any credit if any of the limited warranty conditions are not in effect, including, but not limited to, failure to use the TargetCool Equipment and/or TargetCool Consumables in accordance with the Terms and Conditions or in accordance with the offered training or user manual, improper usage of the TargetCool Device with the TargetCool Consumables, or improper storage of the TargetCool Consumables. Customer acknowledges that some leakage of CO2 to occur during assembly of the TargetCool Consumables with the TargetCool device, general operations of the TargetCool device, storage of the TargetCool Device during non-use, (e.g. if a cartridge is left installed into the TargetCool Device overnight or longer) or at temperatures exceeding 90°F, and disassembly of the consumables from the TargetCool Device is expected and such leakage is not considered a defect. The period of technical support, warranty, and customer support for the TargetCool shall be one year from the date of purchase.
Return and Exchange Policy
TargetCool Equipment and Consumables are eligible for a full refund if the order is returned within 7 business days from the purchase acceptance, date of delivery, and all items must be in mint condition and completely sealed. There will be NO exceptions, NO product credit for TargetCool products received after the 7 day period. Return/exchanges are not guaranteed until the receipt and inspection of the returned goods. Shipping and handling fees are non-refundable. All sales from promotions or events are final.
Warranty
Valid for one year from sale of TargetCool Equipment or Consumables. The warranty will cover repair and replacement of products, not returns. The warranty will not apply if the customer misused and/or mishandled the Targetcool Equipment and/or Consumables. Customer may submit a warranty claim for any TargetCool Equipment and/or TargetCool Consumable that do not conform to the limited warranty granted to Customer in accordance with Section Misc Warranty and Limited Liability Matters by requesting a return authorization for any TargetCool Equipment or TargetCool Consumables from Recens, Inc. in writing by email (returns@coolhealth.com) with a proper explanation of the alleged defect, and the serial number of the affected TargetCool Equipment. The parties acknowledge and agree that the Recens, Inc.’s reasonable determination as to whether TargetCool Equipment or TargetCool Consumables are defective or non-conforming shall be binding on the parties.
If a determination by the Recens, Inc. that a return is warranted, the applicable TargetCool Equipment and/or TargetCool Consumable should be returned freight prepaid to the Recens, Inc. The party shipping TargetCool Equipment and/or Consumable pursuant to this section shall bear the entire risk of loss for TargetCool Equipment and/or Consumable during shipment. The Recens, Inc. shall reimburse customer for any costs of transportation incurred by customer in connection with the proper return to the company of defective or non-conforming TargetCool Equipment. In the case of improperly returned TargetCool Equipment, customer shall pay transportation charges incurred in connection with such return.
Misc Warranty and Limited Liability Matters
Remedies against Recens, Inc. for breach of the foregoing warranty or other duties are limited, at Recens, Inc.’s election, solely to replacement of the affected components within the TargetCool Equipment and/or TargetCool Consumables, repair of affected components within the TargetCool Equipment and/or TargetCool Consumables, or return of the purchase price of the affected components within the TargetCool Equipment and/or Targetcool Consumables.
Any such claim against Recens, Inc. must be made to Technical Support during the agreement of Terms and Conditions. The foregoing warranty shall not apply if the TargetCool Equipment and/or TargetCool Consumables have been subjected to: use with other medical devices or consumables not offered by the Recens, Inc.; physical abuse, misuse, abnormal use, or use not consistent with Recens, Inc.’s published directions or live trainings (e.g., not properly assembling the consumables, not using the cooling guard with the TargetCool system in cooling mode, not properly cleaning the TargetCool Device, etc.), modification, disassembly, or repair by anyone other than Recens, Inc. or third parties designated by Recens, Inc.; fraud, tampering, unusual physical stress, negligence, improper storage in non-temperature controlled environments, or accidents; removal or alteration of the serial number tag; or improper packaging of returns. The foregoing warranty similarly will not apply if customer is in default of any payment or other obligation to Recens, Inc./Hans Biomed USA, Inc.
Other than the express warranty set forth above, to the maximum extent permitted by applicable law, the TargetCool Equipment and/or TargetCool Consumables are provided by Recens, Inc. and Hans Biomed USA, Inc. on an “as is” basis, and Recens, Inc. and Hans Biomed USA, Inc. hereby disclaims any and all other warranties, whether express or implied, written or oral (including but not limited to any warranty of merchantability, fitness for a particular purpose and noninfringement).
Recens, Inc. and Hans Biomed USA, Inc. neither assumes nor authorizes any employee, agent, distributor or other person or entity to assume for Recens, Inc. and Hans Biomed USA, Inc. any liability in connection with the manufacture, sale, supply or use of any TargetCool Equipment and/or TargetCool Consumables. Recens, Inc. and Hans Biomed USA, Inc.’s liability arising out of the manufacture, sale or supply of any TargetCool Equipment and/or TargetCool Consumables or its use or disposition, whether based upon warranty, contract, tort or otherwise, shall not exceed the actual price paid by customer for such TargetCool Equipment and/or TargetCool Consumables. Customer has accepted this warranty disclaimer as part of a bargain with respect to the pricing of the TargetCool Equipment and/or TargetCool Consumables and services and understands that the pricing would be higher if Recens, Inc. and Hans Biomed USA, Inc. were required to bear liability in excess of that stated herein.
In no event shall Recens, Inc. and Hans Biomed USA, Inc. be liable or obligated to customer in any manner for any special, non-compensatory, consequential, indirect, incidental, statutory or punitive damages of any kind, including, without limitation, lost profits and lost revenue, regardless of the form of action, whether in contract, tort, negligence, strict product liability, or otherwise, even if informed of or aware of the possibility of any such damages in advance. The limitations set forth above shall be deemed to apply to the maximum extent permitted by applicable law and notwithstanding the failure of the essential purpose of any limited remedies. The parties agree that this section allocate the risks of this agreement between the parties and that such allocation of risk is reasonable. This allocation is reflected in the pricing of the products and services and is an essential element of the basis of the bargain between the parties.
Intellectual Property Ownership
The parties understand and agree that Customer does not acquire, under this Terms and Conditions or otherwise, any proprietary or intellectual property right, title or interest to the TargetCool Equipment, the Consumables, or any related accessories. In addition, customer agrees that any intellectual property rights that customer may conceive, discover, author, invent, or reduce to practice by customer, solely or in collaboration with others, during the term of this Terms and Conditions, arising out of, related to, or in connection with using the TargetCool Equipment, its Consumables, and other related cooling accessories and components (e.g., notes, designs, inventions, improvements, discoveries, ideas, trade secrets, methods of use) (collectively “Inventions”) is the sole property of Recens, Inc. Customer also agrees to promptly make full written disclosure of to Recens, Inc. of any Inventions and to deliver and assign (or cause to be assigned) and hereby irrevocably assigns fully to Recens, Inc. all right, title, and interest in and to the Inventions.
To the extent that the foregoing assignment is or becomes legally ineffective to any Invention, customer hereby grants to Recens, Inc. an exclusive, fully paid-up, royalty-free, perpetual, irrevocable, transferable, worldwide license, with the right to grant and authorize sublicenses, to develop, make, have made, use, import, offer for sale, sell, reproduce, distribute, modify, adapt, prepare derivative works of, display, perform, and otherwise exploit such Invention and to practice any method related thereto. The customer will permit any authorized representative of Recens, Inc. to inspect the TargetCool Equipment and Consumables and to access and copy usage information of the TargetCool Equipment, at reasonable times and as often as Recens, Inc.’s reasonable requests.
Use of TargetCool Equipment and Consumables
Customer shall use the TargetCool Equipment and Consumables only in accordance with applicable laws, in conformance with the instructions for use provided by Recens, Inc./Hans Biomed USA, Inc. and for TargetCool Equipment only in connection with the TargetCool Consumables purchased from Recens, Inc. or Hans Biomed USA, Inc.; and in a careful and prudent manner. The customer shall also procure all applicable permits and licenses necessary for the operation of the TargetCool Equipment. Only those individuals properly trained to use the TargetCool Equipment shall operate the TargetCool Equipment. Customer acknowledges that the TargetCool Equipment is designed to function only with the TargetCool Consumables (e.g., cartridge, filter, guard, boosting chambers) made or offered by Recens, Inc. or Hans Biomed USA, Inc. and agrees not to use TargetCool Equipment in conjunction with any products or items not made or offered by Recens, Inc. or Hans Biomed USA, Inc. Customer acknowledges that failure to use consumables not made by or offered by Recens, Inc. or Hans Biomed USA, Inc. could lead to patient complications, less than optimal clinical results, increased patient discomfort, and equipment failure.
Customer shall not modify, disassemble, inspect the interior of, or otherwise reverse engineer the TargetCool Equipment and Consumables, and shall use every reasonable precaution to prevent modification to the TargetCool Equipment and the Consumables. Customer is responsible for keeping, maintaining, storing, using, and disposing the TargetCool Consumables in accordance with Recens Inc.’s operating manual. Customer acknowledges that the operating manual may be updated from time-to-time and it will be the Customer’s responsibility to check the user manual regularly for any changes or updates. Customer is responsible for protecting the TargetCool Consumables from damage, in proper storage conditions described in the user manual (e.g., storing the consumables in a temperature controlled, cool environment away from direct sunlight) and other materials provided with the TargetCool Equipment and from any other kind of loss while in possession of the TargetCool Consumables and customer shall pay the replacement cost in the event of such damage or loss of the TargetCool Consumables.
Indemnification
Customer agree to defend, indemnify and hold harmless Recens, Inc., Hans Biomed USA, Inc. and its affiliates and their respective directors, officers, employees, contractors and agents (each such person, its successors and assigns is referred to herein as a “Company Indemnified Party”) from and against any and all claims, suits, damages, losses, liabilities, costs and expenses (including reasonable attorney’s fees and costs of litigation) incurred or suffered to the extent resulting from customer’s negligence or willful misconduct, a breach of this Terms and Conditions by customer including of an representation, warranty or obligation hereunder, customer’s (or its employee’s) failure to comply with laws applicable to this Terms and Conditions, or negligent use of the TargetCool Equipment and/or TargetCool Consumables by customer or misuse, abnormal use or other use of the TargetCool Equipment and/or TargetCool Consumables by customer that is not consistent with this Terms and Conditions or Recens, Inc.’s and/or Hans Biomed USA, Inc.’s published directions or live instructions.
Further, the customer acknowledges that the customer has selected the TargetCool Equipment and/or TargetCool Consumables for use and Recens, Inc. or Hans Biomed USA, Inc. will not be providing any medical care to customer’s patients or other assistance to customer in connection with the selection or performance of medical procedures and/or care of customer’s patients. Customer has the sole and ultimate responsibility for any medical, cosmetic, or other procedures performed through, in conjunction with, or by the use in any way, of the TargetCool Equipment and/or TargetCool Consumables. Customer assumes and has sole responsibility and liability for providing adequate and effective safeguards and safety devices necessary to provide a safe facility and to fully protect all customer personnel, patients, and third parties from bodily injury, death, or other damage that otherwise may result from the use, operation, setup, or maintenance of the TargetCool Equipment and/or TargetCool Consumables. Customer agrees to indemnify, and hold Recens, Inc. and Hans Biomed USA, Inc. at its first demand, harmless from any and all expenses, costs and damages, including attorney’s fees, in respect of any claims for bodily injury, death, or other damage arising out of the use of the TargetCool Equipment and/or TargetCool Consumables, including, without limitation, any medical, cosmetic, or other procedures performed by the customer using the TargetCool Equipment and/or TargetCool Consumables unless said bodily injury, death or damage is caused solely by the negligence of the Recens Inc. or a material defect in design or manufacture of the TargetCool Equipment and/or TargetCool Consumables. The parties agree that this provision will survive the expiration or termination of this Terms and Conditions.
Applicable Law
This Agreement shall be governed by and construed in accordance with the laws of the State of California, without regard to the conflicts of law principles thereof. The Parties agree that any suit relating to this agreement may be brought in the state court of California or any federal court sitting therein, and the customer consents to the nonexclusive jurisdiction of such courts and service of process in any such suit being made upon customer. The customer hereby waives any objection that it may now or hereafter have to the venue of any such suit or any such court that such suit is brought in an inconvenient forum. The parties also waive respective rights to a trial by jury with respect to any action or claim arising out of any dispute in connection with this agreement or any transaction contemplated hereby. The captions to the several sections hereof are not a part of this agreement but are merely guides or labels to assist in locating and reading the several sections hereof. The waiver by a party of any right hereunder, or of any failure to perform or breach by the other party hereunder, shall not be deemed a waiver of any other right hereunder or of any other breach or failure by the other party hereunder whether of a similar nature or otherwise.
