Terms and Conditions of Sale

1.  CONDITIONS OF ORDERING PRODUCTS

All products offered for sale by us on this website (“Products”) are intended solely for purchase and use by residents of a province or territory in Canada. By ordering Products from this website , you warrant and are agreeing that:

• You are legally capable of entering into binding contracts;
• You are resident in Canada and are ordering the Products from within Canada;
• You are over the age of majority in the province or territory in which you reside;
• You are not purchasing the Products for resale or for any commercial or illegal purposes; and,
• You comply with all applicable laws and regulations as are in effect from time to time regarding your use of this website and any purchase of Products that you make through this website.

 2. HOW A CONTRACT IS FORMED BETWEEN YOU AND US

If you choose to make a purchase through this website and have submitted a properly completed purchase order as described below, you will receive an order confirmation from us acknowledging that we have received your order. Receiving an order confirmation from us does not mean that your order has been accepted by us. Your order only constitutes an offer to buy a Product from us. All orders are subject to acceptance by us and we may require that you provide certain additional information to us, as described below, in order for us to process and complete your order. If your order is accepted, we will confirm such acceptance to you by sending to you an order confirmation. Sending to you an order confirmation means that a binding contract exists for the sale by us and the purchase by you of the Products you ordered, in accordance with the Terms of Purchase and Sale.  We reserve the right, at all times and in our sole discretion, to make verifications for any reason for the purposes of fulfilling any order placed through this website, including without limitation, for the purposes of verifying your identity or the validity of any PAP prescription that is submitted to us in connection with a purchase of Products through this website.  We may require proof of identity in order to fulfill your order.

3. AVAILABILITY AND DELIVERY OF PRODUCTS

Although we endeavour to ensure the availability of the Products shown on this website, we cannot and do not guarantee that any or all of the Products will be in stock or available when you place your order. There are various reasons why Products may not be available, such as we may be sold out of Products, we may have limited quantities of any Products or we may have discontinued certain Products.  We reserve the right to limit quantities ordered through this website. Availability is subject to change without notice. If we are unable to process, complete or deliver your order, we will contact you to notify you that we are unable to fulfill your order.

4. PRESCRIPTION POLICY

The purchase of a Positive Airway Pressure (PAP) device through this website requires that you have a valid PAP prescription from your doctor. PAP includes Continuous Positive Airway Pressure (CPAP), Auto Positive Airway Pressure (APAP) and Bi-level Positive Airway Pressure (BPAP) devices. A valid PAP prescription must be signed by a medical physician licensed in Canada and include the pressure setting(s), patient name, prescribing physician’s name and signature and date of the prescription.  The prescription must not be expired.

If you have placed an order for a PAP through this website, we require that you provide to us a copy of your prescription as follows:

 - By email to our secure email address: medigas.info@linde.com.

 OR,

 -By facsimile (fax) to 1-343-801-5238

Include on your prescription your order confirmation number that we send to you.

5. PRICE AND PAYMENT

The price of any Products will be as quoted on this website from time to time, except in cases of obvious error. All prices that appear on this website exclude sales and other applicable taxes and delivery costs (which may also subject to applicable taxes), which will be added to the total amount due shown on the check-out page. Prices are subject to change at any time without notice, but such changes will not affect orders in respect of which we have already sent an order confirmation to you.

We take great care to ensure that the prices for Products as they appear on this website are correct. It is possible that, despite our efforts, some of the Products listed on this website may be incorrectly priced. We will normally verify prices as part of our dispatch procedures so that, where a Product’s correct price is less than our stated price, we will charge the lower amount when dispatching the Products to you. If a Product’s correct price is higher than the price stated on this website, we will normally, at our discretion, either contact you for instructions before dispatching the Products, or reject your order and notify you of such rejection. Upon becoming aware of any error in any prices shown on this website, we will correct the error as soon as possible. We are under no obligation to provide the Products to you at the incorrect (lower) price, even after we have sent you an order confirmation, if the pricing error is obvious and unmistakable and could have reasonably been recognized by you as a mispricing.

Payment for all Products must be made in full by credit card at the time you submit your order. We currently accept payment by Visa, Master Card and American Express credit cards. We are under no obligation to deliver the Products that you have ordered until we have received payment in full from you.

Please note that, for purchases of Products made through this website, we are unable to make arrangements to receive payment directly from third party insurers or other benefit providers.  Accordingly, please make payment in full for Products purchased through this website by the payment methods as set out in this website. Make your own arrangements to seek any appropriate reimbursement from any third party insurers or benefit providers under the provisions of your benefit plan or insurance policy.

Unless expressly stated otherwise, prices on this website are in Canadian currency.

 6. OFFERS AND PROMOTIONS

Any special offers, discounts, sale or clearance prices, promotions or promotion codes (collectively referred to below as “Offers”) that may appear at any time on this website apply solely and exclusively to purchases made through this website and not available as in-store Offers unless expressly stated otherwise on this website or in-store. Offers available in-store may not be available on this website. Any Offers may not be combined with any other offer, discount, sale or clearance price, promotion, promotion code, or coupons.  Offers are not valid on prior purchases or on taxes, shipping or processing charges.  Offers are limited to stock on hand while supplies last and have no cash value and are not redeemable for cash or cash equivalent.  If Products are returned to us, returns of all or any portion of the purchase price will require forfeiture equal to the Offer or amount equal to the Offer. All Offers end at 23:59 EST of the specified Offer expiry date. No price adjustments will be made on prior purchases made on this website or in our stores.  Promotion codes are only valid on the Products specified.  Only one promotion code may be used for each order. “Buy one get one” Offers apply to the purchase of any two items in the same transaction and the specified promotional discount will be applied to the second item (which must be of equal or lesser value as the first item) unless otherwise expressly stated and additional terms and conditions may apply to such Offers. We reserve the right to modify, extend or terminate any Offer at any time in our sole discretion without prior notice.  Offers are void where prohibited or otherwise restricted.

7. RECEIPT OF PRODUCTS

You must verify that all of the Products listed on the delivery ticket that you receive with the Products that are delivered to you are received by you and are in good and usable condition.  You must promptly notify Medigas by email (medigas.cpap@linde.com) or by telephone (1-877-350-9816) if any of the Products you have received are not in good and usable condition upon receipt of the Products by you.

8. RETURN AND REFUND POLICY

8.1  Product Return Criteria: Products purchased through this website may be returned if they meet the following criteria:

Opened or unopened Products that upon initial inspection have a manufacturer's defect, may be returned within 30 days of purchase. Shipping costs are non-refundable.

8.2  Return of Products in other cases:

If you would like to make a return but the Product does not meet the criteria stated above, we are willing to consider accepting returns for a purchase credit, based on other grounds, at our discretion.  Please email us at medigas.cpap@linde.com, along with your name, phone number, order number and date of purchase, and a detailed explanation of why you would like to return the Product. We will work with you to determine if the Product can be returned for a credit.  We cannot accept returns through this website of Products purchased at a Medigas retail store location.

8.3  Products that may not be returned:

Certain Products may not be returned due to health and safety reasons and are considered “final sale”.  Products that may not be returned for refund or exchanged include (but are not limited to):

- PAP devices
- PAP masks & replacement parts
- Tubing
- Humidifier chambers
- Headgear
- Pillows (whether or not the packaging has been opened)
- Products that have been used or of which the packaging has been opened (unless the Product is determined to be defective upon initial inspection, as described above).

 8.4 How to return Products:

Please email us at medigas.cpap@linde.com, so that we may provide you with instructions for making a return and to obtain a return authorization. A return authorization is required to make a return. In your email, please include your name, phone number, order number, date of purchase and the criteria relied on for the return. Shipping charges that you have paid are not refundable by Linde.  If you return any item, you are responsible for all shipping charges to return the item to us.

9. SHIPPING AND DELIVERY INFORMATION

Applicable shipping charges will be added to your order at checkout.

Due to manufacturing, contractual and regulatory restrictions, we ship Products only to addresses within Canada.

Free standard shipping is available on any order of $100 CAD (before taxes and exclusive of shipping charges) or greater, to any province in Canada.

Estimated Shipping Charges & Delivery Times:

Shipping Methods		Shipping Charges (taxes applicable to shipping charges)
For shipping to any province in Canada		For each order up to $99.99	For each order of $100.00 or greater
Standard	Delivery time of 3 - 5 business days.	$10.99.00	FREE
Express	Delivery time of 2 -3  business days.	$14.99	$14.99
For shipping to any Territory in Canada		For each order
Standard	Delivery time of 8 – 10 business  days	$40.00

We do our best to ensure that your order will arrive within the estimated times above; however, we use third party providers for delivery and do not guarantee any delivery dates. We are not responsible for any delays in shipping or delivery for any reason. You are responsible to ensure that you enter the shipping address correctly.  We are not responsible for any package that is incorrectly addressed or shipped backed to us due to an incorrect or undeliverable address.

Note that your order may arrive later than the estimated delivery date for various reasons, such as:

• Delivery is outside of a major city
• The order was placed on a provincial, territorial or Canadian federal statutory holiday
• Problems with credit card authorization and verification
• Inclement weather
• Carrier error
• Incorrect or undeliverable address
• Product(s) are on back order

10. RISK OF LOSS OR DAMAGE

The Products that you have ordered from us will be at your risk from the time that the Products are delivered to your shipping address.  We are not responsible for any loss or damage that occurs to any Products after they have been delivered to your shipping address.

11. ACCURACY, PRODUCT DESCRIPTIONS AND CHANGES

We endeavour to ensure that the pricing, Product description and other information on this website is as accurate as possible.   Subject to any other terms and conditions contained in the Terms of Purchase and Sale, we will make commercially reasonable effort to correct any errors or inaccuracies after we become aware of them.  We reserve the right to discontinue or to cease the supply of any Products at any time without notice, at our sole discretion.  All Products, Product descriptions, pricing, Offers, and the content of this website, including without limitation the Terms of Purchase and Sale, are subject to updates or changes at any time without notice, at our sole discretion.  We endeavour to ensure that Products displayed on this website, including the colour(s) of the Products, are shown as accurately as possible, however, we cannot and do not guarantee that the display of any images or colour on your computer monitor or other electronic device will be accurate.  It is your responsibility to monitor changes to this website if you wish to be aware of any changes.

12. WARRANTY

We do not manufacture the Products sold to you.  If the Products sold to you are defective in material or in workmanship, we will assist you to obtain the benefit of the applicable manufacturer’s warranty, if any, which may be in force.  Manufacturer’s warranty information is enclosed in the packaging of the Products we deliver to you and may be subject to exclusions, limitations and or the satisfaction by you of certain conditions, including without limitation a mail-in registration requirement.  Please refer to the warranty documentation provided by the manufacturer for full details.  We do not have any other responsibility to you for the Products sold to you by Medigas.  THE PRODUCTS OFFERED ON THIS WEBSITE ARE PROVIDED “AS-IS” AND WE MAKE NO WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE and our sole liability shall be limited to replacement of the Products delivered to you.

13. Limitation of Liability

THE EXPRESS WARRANTIES IN THESE TERMS ARE IN LIEU OF ALL OTHER WARRANTIES, CONDITIONS, TERMS, REPRESENTATIONS AND OBLIGATIONS OF LINDE. IN NO EVENT WILL LINDE, ITS SUPPLIERS, OR OTHER THIRD PARTIES MENTIONED ON THIS WEBSITE BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOST PROFITS, LOST DATA OR BUSINESS INTERRUPTION, SPECIAL, INCIDENTAL, INDIRECT, PUNITIVE OR CONSEQUENTIAL DAMAGES, LOSS OF USE, DATA OR PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION OR OTHER PECUNIARY LOSS) ARISING OUT OF THE USE, INABILITY TO USE, OR THE RESULTS OF USE OF THIS WEBSITE, ANY PRODUCTS SOLD THROUGH THIS WEBSITE, ANY WEBSITES LINKED TO THIS WEBSITE, OR THE MATERIALS OR INFORMATION OR SERVICES CONTAINED AT ANY OR ALL SUCH WEBSITES, WHETHER BASED ON WARRANTY, CONTRACT, TORT OR ANY OTHER LEGAL THEORY AND WHETHER OR NOT ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IF YOUR USE OF THE MATERIALS, INFORMATION, PRODUCTS OR SERVICES FROM THIS WEBSITE RESULTS IN THE NEED FOR SERVICING, REPAIR OR CORRECTION OF EQUIPMENT OR DATA, YOU ASSUME ALL COSTS THEREOF. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. LINDE DOES NOT ASSUME RESPONSIBILITY FOR ANY INJURY OR DAMAGE WHICH MAY RESULT DIRECTLY OR INDIRECTLY FROM THE USE OF THIS WEBSITE OR OF ANY MATERIALS OR PRODUCTS THAT IT DESCRIBES ON THIS WEBSITE.

14. PERSONAL DATA

Personal details provided by you to us through this website will only be collected, used and disclosed in accordance with our Privacy Policy. By placing an order on this website, you expressly consent to the collection, use and disclosure or your personal information by us in accordance with the Privacy Policy and you warrant that all information provided by you is accurate and current.  It is your responsibility to ensure that you maintain the confidentiality of, and not share or disclose, any passwords or other account identifying information that you use for the purposes of making any purchases through this website.  It is also your responsibility to notify us of any unauthorized use of your password or of any breach or unauthorized use of any account that you use for the purposes of making any purchases through this website.

15. WRITTEN COMMUNICATIONS

For contractual purposes, you agree to this electronic means of communication and you acknowledge that all contracts, notices, information and other communications that we provide to you electronically comply with any legal requirement that such communications be in writing.

16. EVENTS OUTSIDE OUR CONTROL

We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations to you that is caused by events outside our reasonable control (a "Force Majeure Event").  A Force Majeure Event includes any act, event, non-happening, omission or accident beyond our reasonable control and includes in particular (without limitation) the following:

• strikes, lock-outs or other industrial action.
• civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war.
• fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster.
• impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport.
• impossibility of the use of public or private telecommunications networks.
• the acts, decrees, legislation, regulations or restrictions of any government.

Our performance of any obligations to you is deemed to be suspended for the period that the Force Majeure Event continues, and we will have an extension of time for performance for the duration of that period. We will use our reasonable endeavours to bring the Force Majeure Event to a close or to find a solution by which our obligations under the Contract may be performed despite the Force Majeure Event.

17. SEVERABILITY

If any of the Terms of Purchase and Sale contained in this website are determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term, condition or provision will to that extent be severed from the remaining terms, conditions and provisions which will continue to be valid to the fullest extent permitted by law.

18. ENTIRE AGREEMENT

The Terms of Purchase and Sale and any document expressly referred to in them represent the entire agreement between you and us in relation to the subject matter of this website and the Products and supersede any prior agreement, understanding or arrangement between us, whether oral or in writing. We reserve the right to change the Terms of Purchase and Sale at any time and without notice.

19. APPLICABLE LAW

The laws of the Province of Ontario, and the laws of Canada applicable in the Province of Ontario, govern any purchase of Products through this website and any use of this website.

If you have any questions about the “Terms of Purchase and Sale” or the Products on this website, or if you are having any difficulty ordering any Products through this website, please contact us as follows:

Telephone: 1-877-350-9816

Email: medigas.cpap@linde.com

Our mailing address is:

Medigas Express

2-8695 Escarpment Way

Milton, Ontario

L9T 0J5