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FULL PLAN TERMS & CONDITIONS
A. PLAN BASICS
This document sets forth the terms and conditions governing the Drive Medical, Inc. Peace of Mind plan (the “Plan”). Drive Medical, Inc. (“Drive”) will provide the services described in this
document only in the continental United States. This Plan does not replace the Warranty (defined below). The Plan is not a warranty or extended warranty, is not sold directly to any
consumer, and is designed for the benefit of the ultimate consumer. This Plan can only be purchased by the Provider, to outsource its non-reimbursed labor, service, parts and repair
operations during the Warranty period for certain Drive products when purchased new and unused. All references to the “Warranty” herein are to that certain warranty delivered in
conjunction with the purchase of the Covered Product.
This document sets forth the terms and conditions governing the Drive Medical, Inc. Peace of Mind plan (the “Plan”). Drive Medical, Inc. (“Drive”) will provide the services described in this
document only in the continental United States. This Plan does not replace the Warranty (defined below). The Plan is not a warranty or extended warranty, is not sold directly to any
consumer, and is designed for the benefit of the ultimate consumer. This Plan can only be purchased by the Provider, to outsource its non-reimbursed labor, service, parts and repair
operations during the Warranty period for certain Drive products when purchased new and unused. All references to the “Warranty” herein are to that certain warranty delivered in
conjunction with the purchase of the Covered Product.
B. PLAN COVERAGE; PLAN PERIOD
The Plan may be ordered in conjunction with all power wheelchairs and power scooters sold by Drive when purchased new and unused. Once the Plan is purchased for an eligible
product, that product becomes a “Covered Product”. Coverage under the Plan begins at the time of the actual sale of the Covered Product by the Provider to the initial consumer. Subject to
any limitations in the applicable Warranty, the Plan only covers all required Warranty parts and services for the Covered Product until the earlier of (i) the expiration of the Warranty period, or
(ii) fourteen (14) months from the date the actual sale of the Covered Product by the Provider to the initial consumer (the “Plan Period”). Under no circumstances shall the Plan be viewed as
an extension of any applicable warranties. The Plan does not provide coverage after expiration of any applicable Warranty.
The Plan may be ordered in conjunction with all power wheelchairs and power scooters sold by Drive when purchased new and unused. Once the Plan is purchased for an eligible
product, that product becomes a “Covered Product”. Coverage under the Plan begins at the time of the actual sale of the Covered Product by the Provider to the initial consumer. Subject to
any limitations in the applicable Warranty, the Plan only covers all required Warranty parts and services for the Covered Product until the earlier of (i) the expiration of the Warranty period, or
(ii) fourteen (14) months from the date the actual sale of the Covered Product by the Provider to the initial consumer (the “Plan Period”). Under no circumstances shall the Plan be viewed as
an extension of any applicable warranties. The Plan does not provide coverage after expiration of any applicable Warranty.
C. EXCLUSIONS FROM PLAN COVERAGE
THE PLAN DOES NOT COVER REPAIRS NECESSITATED BY WEAR AND TEAR RESULTING FROM NORMAL USAGE OF THE COVERED PRODUCT, VANDALISM, NEGLECT, MISUSE, OR ANY
ABUSE OR MODIFICATION OF THE COVERED PRODUCT. THE PLAN DOES NOT COVER BATTERY RECHARGING. THE PLAN DOES NOT COVER THE INITIAL SETUP OF THE COVERED
EQUIPMENT OR ANY ADJUSTMENTS TO INITIAL SETUP. THE PLAN DOES NOT PROVIDE ANY CONSUMER EDUCATION OR TRAINING FOR THE COVERED PRODUCT. THE PLAN DOES
NOT PROVIDE IMMEDIATE “IN THE FIELD” ASSISTANCE TO THE CONSUMER. THE PLAN DOES NOT COVER ANY PARTS OR SERVICES IF THE COVERED PRODUCT’S CONDITION OR
USE IS EXCLUDED FROM COVERAGE UNDER THE LIMITATIONS CONTAINED IN ANY WARRANTY, INCLUDING BUT NOT LIMITED TO EXCLUSION OF ANY LABOR,
SERVICE, PARTS OR REPAIRS REQUIRED DUE TO NORMAL WEAR AND TEAR, ABUSE OR MODIFICATION OF THE PRODUCT. PLEASE REVIEW THE WARRANTY IN FULL TO
UNDERSTAND THE EXCLUSIONS IN THE WARRANTY.
THE PLAN DOES NOT COVER REPAIRS NECESSITATED BY WEAR AND TEAR RESULTING FROM NORMAL USAGE OF THE COVERED PRODUCT, VANDALISM, NEGLECT, MISUSE, OR ANY
ABUSE OR MODIFICATION OF THE COVERED PRODUCT. THE PLAN DOES NOT COVER BATTERY RECHARGING. THE PLAN DOES NOT COVER THE INITIAL SETUP OF THE COVERED
EQUIPMENT OR ANY ADJUSTMENTS TO INITIAL SETUP. THE PLAN DOES NOT PROVIDE ANY CONSUMER EDUCATION OR TRAINING FOR THE COVERED PRODUCT. THE PLAN DOES
NOT PROVIDE IMMEDIATE “IN THE FIELD” ASSISTANCE TO THE CONSUMER. THE PLAN DOES NOT COVER ANY PARTS OR SERVICES IF THE COVERED PRODUCT’S CONDITION OR
USE IS EXCLUDED FROM COVERAGE UNDER THE LIMITATIONS CONTAINED IN ANY WARRANTY, INCLUDING BUT NOT LIMITED TO EXCLUSION OF ANY LABOR,
SERVICE, PARTS OR REPAIRS REQUIRED DUE TO NORMAL WEAR AND TEAR, ABUSE OR MODIFICATION OF THE PRODUCT. PLEASE REVIEW THE WARRANTY IN FULL TO
UNDERSTAND THE EXCLUSIONS IN THE WARRANTY.
D. HOW THE PLAN WORKS
Upon purchasing the Plan, Drive will provide the Provider or a designated initial consumer with information regarding the Plan. In the event covered parts or services are required during
the Plan Period, the consumer should contact the Drive service department by calling the telephone number provided to the consumer. Once contacted by the consumer, our trained
service technicians will evaluate the repair or maintenance issue and, if necessary, take steps to remedy the problem. Drive, in its sole discretion, shall determine the best method and
party for remedying a problem with the Covered Product. Examples of possible methods for remedying a problem with the Covered Product include, but are not limited to, the following:
Upon purchasing the Plan, Drive will provide the Provider or a designated initial consumer with information regarding the Plan. In the event covered parts or services are required during
the Plan Period, the consumer should contact the Drive service department by calling the telephone number provided to the consumer. Once contacted by the consumer, our trained
service technicians will evaluate the repair or maintenance issue and, if necessary, take steps to remedy the problem. Drive, in its sole discretion, shall determine the best method and
party for remedying a problem with the Covered Product. Examples of possible methods for remedying a problem with the Covered Product include, but are not limited to, the following:
1. Troubleshooting between an Drive service technician and a consumer to identify a problem with the Covered Product which may include shipping a part to a consumer and
talking the consumer through a simple part replacement or repair;
2. Replacement of the Covered Product by Drive with a new or refurbished product of the same model, after the return of the Covered Product to Drive by the `consumer (all
costs and actions necessary to return the Covered Product to Drive, including but not limited to packaging the Covered Product for shipment, delivering the Covered Product
to a delivery company, and insuring and shipping the Covered Product to Drive, shall be the sole responsibility of the consumer, while the cost of shipping the replacement
product to the consumer shall be the responsibility of Drive);
3. Repair of the Covered Product at the Drive service center after the return of the Covered Product to Drive by the consumer (all costs and actions necessary to return the
Covered Product to Drive, including but not limited to packaging the Covered Product for shipment, delivering the Covered Product to a delivery company, and insuring
and shipping the Covered Product to Drive, shall be the sole responsibility of the consumer, while the cost of shipping the repaired product to the consumer shall be the
responsibility of Drive);
4. Arranging for the repair of the Covered Product after the delivery of the Covered Product by the consumer to a local Drive approved dealer or third party service center or
5. Arranging for a service call by a trained service technician from a local dealer or other third party.
E. TRANSFERABILITY
The Plan is being delivered to Drive and the Provider and may not be transferred or assigned to any other person or party. Further, the Plan may not be assigned or transferred from
product to product. Notwithstanding anything to the contrary contained in this document, Drive and the Provider acknowledge that this Plan will be delivered by the Provider to the initial
consumer of the Covered Product and that the initial consumer only, and not the Provider, will be the party utilizing the services described in this document. The initial consumer of the
Covered Product may not transfer this Plan to any subsequent consumer without the express, written consent of Drive.
The Plan is being delivered to Drive and the Provider and may not be transferred or assigned to any other person or party. Further, the Plan may not be assigned or transferred from
product to product. Notwithstanding anything to the contrary contained in this document, Drive and the Provider acknowledge that this Plan will be delivered by the Provider to the initial
consumer of the Covered Product and that the initial consumer only, and not the Provider, will be the party utilizing the services described in this document. The initial consumer of the
Covered Product may not transfer this Plan to any subsequent consumer without the express, written consent of Drive.
F. CANCELLATION AND RETURNED PRODUCT
For Covered Product purchases that make the purchase of the Plan an option: At any time within the first thirty (30) days after the Provider purchased this Plan, the Provider may cancel the
Plan for a complete refund of the cost paid for the Plan, if Drive has not provided any services for the Covered Product within that period. Also, if a consumer returns the Covered Product
to the Provider, Drive will issue a credit to the Provider’s account with Drive for the Plan’s cost depending on the remaining Warranty period. Drive will credit the full price of the Plan if the
product is returned within the first thirty (30) days of the Plan’s purchase and if Drive has rendered no services under the Plan. If the product is returned after thirty (30) days, or if services
have been rendered in that first thirty (30) days, no refund will be issued. The foregoing are the Provider’s sole cancellation options. If the Provider desires to cancel, return this Plan and
a copy of the applicable invoice together with a written request for a refund of the fees paid (or if paid on account, for a credit to the applicable account with Drive) to the address below.
Drive may cancel this Plan for fraud, material misrepresentation or non-payment or if required to do so by any state, federal or other regulatory authority. Drive may also cancel this Plan at
any time and issue a pro-rated credit to the applicable account with Drive based on the amount of time remaining in that returned product’s Warranty period.
For Covered Product purchases that make the purchase of the Plan an option: At any time within the first thirty (30) days after the Provider purchased this Plan, the Provider may cancel the
Plan for a complete refund of the cost paid for the Plan, if Drive has not provided any services for the Covered Product within that period. Also, if a consumer returns the Covered Product
to the Provider, Drive will issue a credit to the Provider’s account with Drive for the Plan’s cost depending on the remaining Warranty period. Drive will credit the full price of the Plan if the
product is returned within the first thirty (30) days of the Plan’s purchase and if Drive has rendered no services under the Plan. If the product is returned after thirty (30) days, or if services
have been rendered in that first thirty (30) days, no refund will be issued. The foregoing are the Provider’s sole cancellation options. If the Provider desires to cancel, return this Plan and
a copy of the applicable invoice together with a written request for a refund of the fees paid (or if paid on account, for a credit to the applicable account with Drive) to the address below.
Drive may cancel this Plan for fraud, material misrepresentation or non-payment or if required to do so by any state, federal or other regulatory authority. Drive may also cancel this Plan at
any time and issue a pro-rated credit to the applicable account with Drive based on the amount of time remaining in that returned product’s Warranty period.
G. LIMITED SERVICES WARRANTY; DISCLAIMER OF WARRANTIES
DRIVE WARRANTS ONLY THAT THE SERVICES DESCRIBED IN THIS PLAN WILL BE PERFORMED IN A PROFESSIONAL AND WORKMANLIKE MANNER. NO OTHER EXPRESS WARRANTIES
ARE PROVIDED. ANY IMPLIED WARRANTIES ARE LIMITED TO THE TERM OF THIS PLAN. NO INFORMATION OR ADVICE (WRITTEN OR ORAL) PROVIDED TO THE PROVIDER BY DRIVE OR
ITS CONTRACTORS WILL CREATE A WARRANTY BY DRIVE OR INCREASE THE SCOPE OF THIS PLAN. THIS PLAN GIVES THE PROVIDER SPECIFIC LEGAL RIGHTS AND THE PROVIDER
MAY ALSO HAVE OTHER RIGHTS THAT VARY FROM STATE TO STATE. H. LIMITATION OF LIABILITIES
DRIVE WARRANTS ONLY THAT THE SERVICES DESCRIBED IN THIS PLAN WILL BE PERFORMED IN A PROFESSIONAL AND WORKMANLIKE MANNER. NO OTHER EXPRESS WARRANTIES
ARE PROVIDED. ANY IMPLIED WARRANTIES ARE LIMITED TO THE TERM OF THIS PLAN. NO INFORMATION OR ADVICE (WRITTEN OR ORAL) PROVIDED TO THE PROVIDER BY DRIVE OR
ITS CONTRACTORS WILL CREATE A WARRANTY BY DRIVE OR INCREASE THE SCOPE OF THIS PLAN. THIS PLAN GIVES THE PROVIDER SPECIFIC LEGAL RIGHTS AND THE PROVIDER
MAY ALSO HAVE OTHER RIGHTS THAT VARY FROM STATE TO STATE. H. LIMITATION OF LIABILITIES
DRIVE’S LIABILITY FOR ANY CLAIM UNDER THIS PLAN SHALL BE LIMITED TO THE COST TO REPAIR OR REPLACE THE COVERED PRODUCT IN ACCORDANCE WITH THE TERMS OF
THIS PLAN, NOT TO EXCEED THE PURCHASE PRICE ACTUALLY PAID FOR THE COVERED PRODUCT AND THE PLAN BY PROVIDER. ANY AND ALL DISPUTES RELATED TO THIS PLAN
SHALL BE RESOLVED BY DRIVE IN ITS SOLE DISCRETION. UNDER NO CIRCUMSTANCE WILL DRIVE BE JOINTLY OR SEVERALLY LIABLE FOR THIRD-PARTY CLAIMS AGAINST THE
PROVIDER FOR LOSS OR DAMAGES OR LOSS OF, OR DAMAGE TO, THE PROVIDER’S RECORDS, FILES OR DATA. TO THE MAXIMUM EXTENT PERMITTED BY LAW, DRIVE SHALL NOT
BE LIABLE FOR INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING FROM THE SERVICES PROVIDED UNDER THIS PLAN, DELAY IN FURNISHING SERVICES
OR FAILURE TO FURNISH SERVICES, INCLUDING, WITHOUT LIMITATION, LOSS OF USE OR LOST PROFITS, WHETHER BASED IN CONTRACT, TORT OR OTHERWISE, EVEN IF DRIVE IS
INFORMED OF THE POSSIBILITY. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF SUCH DAMAGES, SO THE ABOVE EXCLUSION OR LIMITATION MAY NOT
APPLY IN SOME CASES.
THIS PLAN, NOT TO EXCEED THE PURCHASE PRICE ACTUALLY PAID FOR THE COVERED PRODUCT AND THE PLAN BY PROVIDER. ANY AND ALL DISPUTES RELATED TO THIS PLAN
SHALL BE RESOLVED BY DRIVE IN ITS SOLE DISCRETION. UNDER NO CIRCUMSTANCE WILL DRIVE BE JOINTLY OR SEVERALLY LIABLE FOR THIRD-PARTY CLAIMS AGAINST THE
PROVIDER FOR LOSS OR DAMAGES OR LOSS OF, OR DAMAGE TO, THE PROVIDER’S RECORDS, FILES OR DATA. TO THE MAXIMUM EXTENT PERMITTED BY LAW, DRIVE SHALL NOT
BE LIABLE FOR INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING FROM THE SERVICES PROVIDED UNDER THIS PLAN, DELAY IN FURNISHING SERVICES
OR FAILURE TO FURNISH SERVICES, INCLUDING, WITHOUT LIMITATION, LOSS OF USE OR LOST PROFITS, WHETHER BASED IN CONTRACT, TORT OR OTHERWISE, EVEN IF DRIVE IS
INFORMED OF THE POSSIBILITY. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF SUCH DAMAGES, SO THE ABOVE EXCLUSION OR LIMITATION MAY NOT
APPLY IN SOME CASES.
I. MISCELLANEOUS
1. Compliance with HIPAA. Part 164.512 of the Health Insurance Portability and Accountability Act (“HIPAA”) allows for otherwise protected consumer health information to be
disclosed to enable service and warranty work for any FDA regulated product.
2. No Warranty. Nothing in this document shall be construed as a warranty, extended warranty or as a modification to any warranty applicable to the Covered Product.
3. Subcontractors. Drive, in its sole discretion, may subcontract any services provided under the Plan.
4. Governing Law. This document and the Plan shall be governed by, construed and interpreted in accordance with the laws of the State of South Carolina.
5. Severability. In the event that any provision of this Plan is held to be invalid or unenforceable, the remaining provisions will remain in full force and effect.
J. DRIVE CONTACT INFORMATION
Drive Medical, Inc.
99 Seaview Blvd.
Port Washington, NY 11050
Power Hotline: 866.621.4933
Drive Medical, Inc.
99 Seaview Blvd.
Port Washington, NY 11050
Power Hotline: 866.621.4933