The Hirer is fully aware and acknowledges:

(A) that the terms and conditions of this Rental/Hire Agreement shall apply to all subsequent rentals of the Equipment by the Hirer from Medical Specialties of California Ltd or via its agents, representatives or licensees or employees;

(B) that the Terms and Conditions of this Agreement shall govern all future “delivery without signature” deliveries should the Hirer fail or be unable to sign the Rental/Hire Agreement at time of delivery;

(C) that the Hirer is responsible for packing and returning the Equipment, to Medical Specialties of California UK Ltd nominated return address, agent, licensee representative or employee;

(D) if financial assistance based on income is applied for with a non-profit or charitable organisation, financial statements will be shared with that entity.
(E) that any overseas transaction the Hirer will contact their bank/credit facility to clear funds for payment and that Medical Specialties of California UK Ltd will charge a fee of £20 Pounds Sterling or U.S.$30 for any declined payment;

(F) that the Hirer acknowledges and agrees that the order form could not be processed without the order form being completed and the Terms & Conditions, Disclaimer & Policies being read, understood and agreed to by ticking the box on the web site page; the Hirer also acknowledges and agrees that payment cannot be processed to begin the rental if the Terms & Conditions box on the website page is not agreed to by ticking the box using a computer mouse and therefore is not allowed to use the Equipment. In the event the Hirer/User should receive the Equipment without digitally ticking and agreeing to the Terms & Conditions the Hirer/User or anyone else in receipt of the Equipment cannot/must not use the Equipment;

(G) that the Hirer acknowledges and agrees that the Equipment means all Equipment rented inclusive of goods charged at zero cost. E.G. Velcro fastening elastic straps, keep boxes, plastic bags, thermometers.

(H) that the Equipment is used in accordance to the received instructions and user schedule provided by Medical Specialties of California UK Ltd;

(I) that the Hirer has watched the instructional video sited on Medical Specialties of California's UK Ltd or Penguin Cold Caps website;

(J) that the Hirer acknowledges that the headwear or Penguin Cold Caps and the Gel Bands of the Equipment are stored in a cool room, stacked white side to white side and blue to blue side. The Caps can be stored in a freezer or other similar cold appliance when not in use, but not exceeding minus 35 degrees Celsius. The Penguin Cold Caps (part of the Equipment) can be stored in plastic freezer bags within the freezer (one end of the plastic bag must be open/not sealed. The Caps & Gel headbands must be dried before use;

(K) that no alterations, additions or improvements occur to the Equipment without written or email or fax permission from Medical Specialties of California UK Ltd.;

(L) that the Hirer is responsible for damage to the Equipment (except fair wear and tear), but in particular, a fee of U.S. $250 (or equivalent Inland Revenue monthly exchange rate of the United Kingdom), will be charged for damage to the head-wear or individual piece of Equipment called the Penguin Cold Cap and a fee of U.S.$40 for the individual Gel Headbands (except fair wear and tear). Charges are also applicable to other Equipment e.g. Velcro fastening elastic straps, thermometers;

(M) that the Hirer is responsible for any Equipment lost or stolen, a fee of U.S.$250 (or equivalent Inland Revenue monthly exchange rate of the United Kingdom), will be charged for the head-wear or individual piece of Equipment called the Penguin Cold Cap and a fee of U.S.$40 for the individual Gel Headbands. Charges are also applicable to other Equipment e.g. Velcro fastening elastic straps; Charges will be payable to Medical Specialties of California UK Ltd;

(N) that (if applicable), when dry ice is used, stored and transported, the dry ice suppliers’ advice and safety instructions must be adhered to;
(O) that (if applicable), when dry ice is transported in a vehicle, the proper ventilation must be adhered to in accordance with the dry ice suppliers’ advice and safety instructions;

(P) that the Hirer agrees to release and discharge Medical Specialties of California UK Ltd from any and all responsibility or liability from such injury or damage arising out of the transportation, storage and use of dry ice;
(Q) that the Hirer acknowledges and agrees that Medical Specialties of California UK Ltd is not responsible or liable, at any time, for any costs incurred in the purchase, hire or rental or service of any additional equipment or products, not purchased, hired/rented directly from Medical Specialties of California UK Ltd.. e.g. dry ice, cool boxes, thermometers.

(R) that the Hirer acknowledges and agrees that Medical Specialties of California UK Ltd is not responsible or liable, at any time, for any costs incurred in the purchase, hire or rental of any additional person(s) or other company services that are not purchased, hired/rented, billed directly from Medical Specialties of California UK Ltd.

(S) that the Hirer acknowledges and agrees that Medical Specialties of California UK Ltd, is not responsible or liable, at any time, for any family, friend, associate or representative’s cost of time or loss of earnings.
(T) that if a statutory cooling-off period’ is applicable, the statutory regulation for that country will be used by Medical Specialties of California UK Ltd;
(U) If a full refund is given at the discretion of the company, a U.S.$100 handling fee will be charged and deducted when the Hirer’s/Users account is finalized.