Terms and Conditions
Effective Date: January 1, 2022
Last Updated: August 13, 2025
These Terms govern all quotations, orders, sales, and services by Hyperbaric Health Int’l (“HHI”) to any purchaser (“Buyer”). Any conflicting Buyer terms are rejected; only a written agreement signed by HHI can modify these Terms.
1) Orders & Payment
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Deposit & Balance. A 50% non-refundable deposit is required to initiate any order; 100% payment is required before shipment. No COD or credit terms. Lead times begin upon cleared funds.
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Non-payment. Unpaid balances may delay shipment or result in cancellation at HHI’s sole discretion. Overdue balances may incur the maximum lawful interest, storage, and handling fees.
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Chargebacks. Buyer waives chargeback rights except in proven fraud. Unauthorized chargebacks are a material breach; Buyer must reimburse HHI’s fees, legal fees, court costs, collection costs, and overall hourly costs.
2) Pricing & Taxes
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Subject to Change. Prices reflect current materials, labor, tariffs, and freight and may change without notice.
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Ex Works. Unless stated otherwise in writing, pricing is EXW HHI facility; freight, insurance, installation, duties, and taxes are Buyer’s responsibility.
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Errors. Typographical or outdated pricing is not binding.
3) Custom Builds, Cancellations & Returns
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Custom Manufacture. Hyperbaric chambers are hand-built and custom. All custom orders are non-cancelable and non-returnable once fabrication starts.
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Pre-build Cancellations. If HHI permits cancellation before fabrication, HHI may issue credit only (no refunds) less engineering/admin fees, merchant fees, and any special-order component costs.
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Authorized Returns. Non-custom goods accepted for return (if any) require RMA, must be new/unused in original packaging, and are subject to up to 25% restocking plus all freight/insurance.
4) Shipping, Title & Risk
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Title/Risk. Title and risk of loss transfer to Buyer upon shipment from HHI’s facility or port, whether or not HHI arranges freight. HHI acts only as Buyer’s agent when assisting with logistics.
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Delivery Windows. Stated delivery dates are estimates only. HHI is not liable for delays due to carriers, customs, weather, labor, or other events beyond HHI’s control.
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Inspection & Claims. Buyer must inspect at delivery and note damage/shortage on the carrier BOL and file claims within 5 business days. Failure to do so constitutes acceptance.
5) Installation & Site Readiness
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No Installation by HHI. HHI does not perform installation or site prep. Any installation support is via independent subcontractors who are not HHI agents.
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Buyer Obligations. Buyer is solely responsible for site readiness (power, oxygen supply, ventilation, flooring, permits, IT/networking, etc.). Issues arising from site conditions, third-party work, or misuse are not HHI’s responsibility.
6) Use, Regulatory & Medical Disclaimers
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Wellness Equipment. Unless expressly stated, products are not medical devices and are not intended to diagnose, treat, cure, or prevent any disease. Buyer is responsible for compliance with local laws, codes, and regulations, including prescriber or oxygen-handling requirements where applicable.
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No Reimbursement Warranty. HHI makes no guarantee of insurance or payer reimbursement.
7) Limited Warranty & Remedies
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Coverage. HHI warrants products against defects in materials and workmanship under normal use for the period stated in the applicable schedule provided at sale.
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Exclusive Remedies. HHI’s sole obligation—and Buyer’s exclusive remedy—is, at HHI’s option, repair, replacement, or credit (less reasonable use). RMA and prior written authorization are required; Buyer pays inbound freight.
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Exclusions. Warranty excludes: improper installation; misuse/abuse/alteration; transit or storage damage; power irregularities; environmental/site issues; cosmetic wear; consumables; and third-party accessories/components.
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Disclaimer. All implied warranties (merchantability, fitness, non-infringement) are disclaimed to the fullest extent permitted by law.
8) Limitation of Liability
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Cap. HHI’s total liability for any claim is limited to the amount paid by Buyer for the affected product.
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No Consequentials. HHI is not liable for indirect, incidental, special, punitive, or consequential damages (including lost profits, downtime, data, or business interruption). Buyer’s remedies are exclusive.
9) Intellectual Property & Confidentiality
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Ownership. HHI retains all right, title, and interest in all designs, software, firmware, trade dress, and proprietary technology. No IP is transferred.
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Restrictions. Reverse engineering, duplication, or modification is prohibited. Co-branding requires prior written approval.
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Confidentiality. All HHI pricing, specifications, drawings, and non-public information are confidential; Buyer may not use or disclose them except to perform under the order. Confidentiality obligations survive termination (trade secrets indefinitely).
10) Non-Circumvention & Non-Solicitation
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For five (5) years after delivery, Buyer shall not circumvent HHI by directly engaging HHI’s contract manufacturers, engineering partners, or key vendors for similar or derivative products. Buyer shall not solicit HHI employees or contractors for competing services during this period.
11) Indemnification
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Buyer shall defend, indemnify, and hold harmless HHI and its affiliates from all claims, damages, fines, costs, and attorneys’ fees arising out of Buyer’s installation, operation, marketing, resale, representations beyond HHI-supplied materials, regulatory non-compliance, or product alteration/misuse.
12) Force Majeure
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HHI is not liable for delays or nonperformance due to events beyond its control (including acts of God, pandemics, war, sanctions, shortages, or governmental actions). Performance times are extended for the duration of such events.
13) Governing Law, Venue & Fees
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These Terms are governed by the laws of the Commonwealth of Virginia. The exclusive venue is Virginia Beach, Virginia. The prevailing party in any dispute may recover reasonable attorneys’ fees and costs.
14) Export, Sanctions & Compliance
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Buyer warrants compliance with export controls and sanctions. HHI may refuse, suspend, or cancel any order that could violate applicable law without liability to Buyer.
15) Notices
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Legal notices must be sent to:
Hyperbaric Health Int’l
4445 Corporation Ln, Suite 200
Virginia Beach, VA 23462
16) Severability & Entire Agreement
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If any provision is invalid, the remainder remains enforceable. These Terms (and incorporated schedules) are the entire agreement and supersede all prior or contemporaneous communications. No waiver or amendment is valid unless in a writing signed by HHI. Sections on payment, warranty, IP, confidentiality, indemnification, limitation of liability, law/venue, and non-circumvention survive termination.