Terms and Conditions
The below apply for purchases of products directly from Lake Effect.
Due to sanitary restrictions, items such as the Microbe Safety Mask™ cannot be returned unless proven defective and will be exchanged for a like item only.
RETURN POLICY: All sales are final. Due to the nature of the product and the current coronavirus crisis, we are not accepting product returns or exchanges at this time. Refunds are also not available at this time. Please contact us at firstname.lastname@example.org with questions regarding your order.
COMPLIANCE: Each party shall conduct its business in an ethical manner and comply with all applicable laws, regulations, and industry codes. Any breach by the customer or its representatives or agents shall entitle Lake Effect to terminate this agreement immediately upon Lake Effect’s written notice to the customer. All transactions between the customer and Lake Effect in connection with this agreement are made in good faith on the basis of arms-length negotiation and all prices are consistent with fair market value.
TITLE; DELIVERY; SHIPMENT VERIFICATION: Product shall be deemed accepted by the customer upon delivery at the named point of destination. Lake Effect reserves the right to select the mode and carrier. If the customer requests a certain method, carrier, or other special shipping then additional shipping and handling charges may be added to the invoice. The customer is responsible for noting any damage, potential damage, and shortages on bill at time of delivery and notifying Lake Effect’s customer service team within fifteen (15) days of delivery. Any discrepancy in the quantity billed and quantity received resulting from damage (concealed or otherwise), shortages, overages, non-delivery or wrong product must be reported to Lake Effect’s customer service team within fifteen (15) days of shipment date is or was to have been received. Any discrepancy reported after fifteen (15) days shall be addressed by Lake Effect in its sole discretion, failing which Lake Effect shall be under no liability for such issues.
PRICE; PAYMENT: The latest published price list supersedes all previous price lists. Prices are subject to applicable tax. All taxes are due for payment as billed. Payment by the customer is due at the time of checkout. Lake Effect reserves the right to terminate or limit open account credit at any time. Any discrepancy in an invoiced price and the corresponding order price must be reported to Lake Effect’s customer service team within thirty (30) days of the date of invoice.
LIMITATION OF LIABILITY: With the exception of its gross negligence, fraud or willful misconduct, breach of any confidentiality provision of this agreement, liability owed to third parties or for death or personal injury, or as otherwise prohibited by law: (I) In no event shall Lake Effect be liable for any indirect, consequential, punitive, or similar types of loss or damage of any kind, or for any lost or anticipated profits or savings, cost of cover for replacement or alternative product or damage to reputation or goodwill, arising from this agreement; (II) customer’s sole remedy for Lake Effect’s breach of any product warranty shall be the repair, replacement or refund by Lake Effect as provided in the warranty; and (III) in no event shall the total liability of Lake Effect under any theory of liability exceed the purchase price paid for the applicable product(s). The parties expressly acknowledge that the preceding limitations on liability are a fair compromise and waive any right to later challenge them as unreasonable, unconscionable or otherwise.
GOVERNING LAW; JURISDICTION; JURY WAIVER: This agreement shall be construed and enforced in accordance with the laws of the State of Illinois, without regard to or application of conflict of law principles. If any legal action, proceeding or other dispute arises relating to this agreement, the prevailing party shall be entitled to recover its costs and expenses associated with same, including, but not limited to, reasonable fees and costs for attorneys, accountants, collection, and other professionals. The commencement of any civil action or other proceeding or the assertion of any setoff relating to this agreement or any act or omission relating to its performance or subject matter must occur no later than three (3) years of the breach, act, omission, condition, or event in dispute, notwithstanding any longer statute of limitation or repose, or doctrine postponing or tolling a claim’s accrual for non-discovery, to the contrary; or else such proceeding shall be barred. The parties, after consultation with respective counsel, waive trial by jury in any proceeding or counterclaim brought by either party against the other on any matters arising out of or in any way connected to this agreement, the relationship between the parties, or any injury or damage claim.
CUSTOMER COMPLAINTS: The customer has the right to freely voice grievances and recommend changes in care or services without fear of reprisal or unreasonable interruption of services. Service, equipment and billing complaints will be communicated to management and upper management. These complaints will be documented in the Complaint Log, and will include the customer’s name, address, telephone number, summary of the complaint, the date it was received, the name of the person receiving the complaint and a summary of actions taken to resolve the complaint. All complaints will be handled in a professional manner. All logged complaints will be investigated, acted upon and responded to in writing or by telephone by the compliance officer within 24-48 hours after the receipt of the complaint. If there is not a satisfactory resolution of the complaint, the next level of management will be notified progressively. If you feel you have not received the quality of service you expected, please call Lake Effect at (312) 374-4376 to state your complaint.
TO REPORT ABUSE, NEGLECT OR EXPLOITATION: According to State law, the customer has the right to report abuse, neglect or exploitation to their state agency.
CUSTOMER RESPONSIBILITIES: You have the responsibility to follow the directions regarding the equipment.
NOTICES OF PRIVACY PRACTICES: We maintain paper and electronic files that may contain private information about the customer and may include, but are not limited to, name, address, phone number, contact person, equipment purchased from us, credit card number(s), dates of service, etc. We will release, transfer & disclose the above information to third parties to facilitate appropriate provision & review of services & billing for our clients of record. These files are legal documents & are also used for education, evaluating the performance of our organization, marketing & planning purposes. We have measures in place to protect patient health information as required by law. These measures include, but are not limited to, security precautions being in place in our buildings, vehicles, billing software, transactions with government entities, vendors, consultants, surveyors, your family or appointed representative & other appropriate parties, transmission of data to third-parties, telephonic & wireless communications, maintenance, retention and destruction of data, etc. You have the right to amend, restrict, revoke consent to release, examine or obtain copies of the data that we have in your file and have released to others upon request. If you have questions concerning any of the above, please contact the company at the number shown on this form. At any time you can request a copy of our Notice of Privacy Practices.
COMPLAINT REPORTING INFORMATION: If you believe your rights have been violated, you may file a complaint with our organization by calling (312) 374-4376. You may also submit your complaint in writing to:
Lake Effect • 1621 W Carroll Ave Chicago, IL 60612 • (312) 374-4376
You may also file a complaint with the Secretary of the Department of Health and Human Services. You will not be retaliated against for filing a complaint.
RISK OF LOSS: The provider is not responsible for loss or damage to property, material or equipment belonging to the customer, his/her agents, employees, guests, suppliers or anyone directly or indirectly affiliated with you while said material property, or equipment, is in his/her care, custody and/or control.
RECALL NOTICE: The provider may recall any or all equipment provided with written notice to the customer.
ACKNOWLEDGMENT OF USE INSTRUCTIONS: Customer acknowledges that he/she has been instructed on how to use the equipment and takes full responsibility for the proper use and care of the equipment.
MEDICARE DMEPOS SUPPLIER STANDARDS: The products and/or services provided to you by Lake Effect are subject to the supplier standards contained in the Federal regulations shown at 42 Code of Federal Regulations Section 424.57(c). These standards concern business professional and operational matters (e.g. honoring warranties and hours of operation). The full text of these standards can be obtained at http://ecfr.gpoaccess.gov. Upon request, we will furnish you a written copy of the standards.
PREPARING FOR WEATHER EMERGENCIES: Lake Effect wants all of our customers to be prepared for any weather emergencies such as hurricanes or tornadoes that may interrupt delivery of your medical equipment or supplies. We pay close attention to the weather in our state and encourage you to do the same. In case of any weather emergencies such as hurricanes that may affect the ability of the company to operate safely, the company offices may close for one or more days. When we have a pending weather emergency that may affect our ability to provide your regular shipment, we will try to expedite the shipment of your order prior to the weather emergency. If you anticipate being affected by a weather emergency that may interrupt your regular delivery, please call our office at (312) 374-4376 and ask to expedite your delivery. If you relocate either temporarily or permanently as a result of a weather emergency, please provide us with your new address as soon as possible so that we may ship your supplies to the correct location. Please remember that you may email update information to us at email@example.com. Once the weather emergency has passed, the company will resume normal operations. In the event that you are unexpectedly affected by a weather emergency and need emergency replacement of equipment or supplies, please contact us at (312) 374-4376 and we will ship the necessary items to you as soon as possible.
REPORTING INJURIES RELATED TO EQUIPMENT RECEIVED: If you feel that you have sustained an injury as a result to equipment or supplies that we provided to you, please contact us at (312) 374-4376 as soon as you can. We will need to know the date and time when the injury occurred, a description of the injury, a description of why you think it occurred, whether or not you received any medical treatment as a result of the injury and any other pertinent details. We will replace any defective equipment and will ask that you return the defective unit to us so that we may follow manufacturer reporting guidelines.
Lake Effect • 1621 W Carroll Ave Chicago, IL 60612 • (312) 374-4376
QUESTIONS, CONCERNS OR COMPLAINTS: If you have any questions or want more information about this Notice, you may contact us by telephone at (312) 374-4376 or via email at firstname.lastname@example.org.
If you believe your privacy rights have been violated, you may file a complaint with us or with the U.S. Department of Health and Human Services, Office for Civil Rights, 200 Independence Ave. S.W., Room 509F HHH Bldg., Washington DC 20201 (OCRComplaint@hhs.gov). You may also contact the Joint Commission’s Office of Quality and Patient Safety at One Renaissance Boulevard, Oakbrook Terrace, IL 60181 or by either calling 630-792-5070, faxing 630-792-5636 or emailing email@example.com. We will not retaliate against you for filing a complaint.
The effective date of this notice is March 25, 2020.