This agreement is made between Medical Specialties of California UK Ltd (MSC) and the patient. I understand and agree that:
1. The monthly rental charge for each set of Penguin Cold Caps is in Pounds Sterling and is paid monthly in advance.
2. The rental charge becomes due when the Penguin Cold Caps are collected by me and ends when the Penguin Cold Caps are received at one of Medical Specialties of California’s UK Ltd depots.
3. The minimum rental period is 1 month.
4. The Equipment is the Penguin Cold Caps or other scalp cooling equipment owned by MSC for the use of cooling the scalp.
5. I am responsible for the packing and delivery charges from Medical Specialties of California’s nominated pick up and return addresses.
6. A security deposit of £400 Pounds Sterling (approximately US$600), is payable for each set of Penguin Cold Caps. This is refunded when the Penguin Cold Caps are retuned in good condition (except fair wear and tear) to Medical Specialities of California UK Ltd nominated depot. The deposit can not be used as rental monies at any time during this agreement.
7. I will contact my credit card company to verify the overseas transaction for Medical Specialties of California UK Ltd. Should my payment be declined I will pay an administrative charge of £20 Sterling.
8. I am responsible for damage caused to the Penguin Cold Caps (except fair wear and tear) and will pay a fee of £150 Sterling for any damaged Penguin Cap.
9. If all the Penguin Cold Caps are not returned to the nominated depot, a fee of £150 Sterling per Penguin Cap will be payable to Medical Specialties of California UK Ltd.
10. The Penguin Cold Caps must be stored in a freezer in between chemotherapy sessions. On receiving the Penguin Cold Caps they may be taken from their plastic containers and placed in zipper lock bags for storage in the freezer.
11. The Penguin Cold Caps will be stored in a freezer when not in use (preventing the gel inside the Caps losing mass). If the Caps are not stored below zero degrees Celsius and become damaged a fee of £150 per Cap will become payable.
12. I have watched the instructional video showing recommended fitting instructions on Medical Specialties of California’s web site.
13. I have completed the questionnaire and will use the Penguin Cold Caps in accordance with the user schedule provided to me by Medical Specialties of California UK Ltd.
14. Medical Specialities of California must be informed by e-mail when I have finished or about to finish using the Penguin Cold Caps.
15. I will not without first obtaining written permission from Medical Specialties of California UK Ltd, make any alterations, additions or improvements to the Equipment.
16. I will not assign or allow the use of the Equipment to be sublet/rented or any part of the equipment sublet/rented.
17. If I default payment of the rent, MSC has the right to give notice by e-mail or letter, whereby MSC will give 5 days for the monies owed to be paid. Failure to pay any rental monies after this period of time will allow MSC to reposes the Equipment by any lawful means and to recover monies owed by any lawful means with interest of 5% over the base rate of the Bank of England in the United Kingdom.
18. The undersigned agree to indemnify and save harmless Medical Specialties of California UK Ltd, its employees, contractors, representatives from injury, illness,disease, claim, action, liability, loss, damage or suit, arising from the use of its Equipment or associated equipment.