Terms of service
Effective Date: 1 June 2025
These Terms and Conditions of Sale (“Agreement”) apply to the sale of NICE Recovery Systems LLC’s (“Seller”) cold and compression therapy units and all peripheral equipment and supplies (“Products”) to any purchaser (“Buyer”).
This Agreement is legally binding as of the effective date shown and supersedes any prior versions. It is not part of NICE Recovery Systems’ internal document control system and is maintained as an externally released legal document.
1. DELIVERABLES
Seller agrees to provide to Buyer (“Buyer”) the services (“Services”) and/or Products (“Products”), described in any purchase order, in accordance with these Terms & Conditions (“Agreement”). Upon acceptance of a purchase order, shipment of Products or commencement of a Service, Buyer and Seller shall be bound by the provisions of this Agreement, unless Buyer objects to such terms in writing prior to submission of the order for Products or Services.
2. DELIVERY
All Products delivered pursuant to this Agreement shall be suitably packed for shipment in Seller’s standard shipping cartons, marked for shipment, and delivered to the carrier for shipment to Buyer, or by prior agreement, to Buyer’s Customers (FOB origin), at which time title to the Products and risk of loss and damage shall pass to Buyer and such Products shall be deemed delivered hereunder. Unless otherwise by an agreement between Seller and Buyer, Seller shall select the carrier. All freight, insurance and other shipping expenses, as well as any special packing expense, shall be paid by Buyer. Buyer shall also bear all applicable taxes, duties, tariffs and similar charges that may be assessed against the Products after delivery to the carrier at Seller’s facilities. Notwithstanding the passage of title under this Section 2, Seller retains and Buyer grants a purchase-money security interest in each of the Products, and in any proceeds from Buyer’s resale (if any) of the Products, until the full
invoice amount for such Product has been paid in full to Seller.
3. PAYMENT
As full consideration for the performance of the Services, delivery of the Products and the assignment of rights to Buyer as provided herein, Buyer shall pay Seller
(i) the amount agreed upon and specified in the applicable purchase order, or (ii) Seller’s quoted price on date of shipment (for Products), or the date
Services were started (for Services). Applicable taxes and other charges such as shipping costs, duties, customs, tariffs, imposts, and government-imposed surcharges, to the extent payable to Seller, will be stated separately on Seller’s invoice. Payment is made when Buyer’s check, credit card, wire or ACH transfer is received. Seller shall invoice Buyer for all Products delivered and all Services actually performed. Terms are prepaid unless otherwise agreed to by both Buyer and Seller. A one-time late payment fee of 5% of the total open balance will be assessed at 15 days past due, followed by a monthly service charge of 1.5% added to all past due balances. Continued failure to pay may result in past due balances being turned over to a licensed collection agency.
4. NO RESALE, EXPORT, OR ALTERATION
Unless previously agreed to in writing:
Buyer may not resell Products to any third parties, including patients, healthcare providers, sub-distributors, or DME suppliers.
Buyer may not modify, reverse engineer, decompile, disassemble, or alter any NICE Recovery System, nor assist others in doing so.
Buyer acknowledges and understands that to ensure compliance with applicable medical device regulations, Products may not be resold, exported, or modified without written authorization from NICE Recovery Systems.
5. WARRANTIES
Services
Seller warrants Services will be performed in a professional, workmanlike manner consistent with industry standards.
Limited Product Warranty
NICE Recovery Systems LLC warrants that its products are free from material defects for a limited duration from the date of purchase.
For full warranty terms, including specific coverage periods, exclusions, and claim procedures, please refer to the Returns and Warranty Policy available at www.getnice.com
Exclusive Remedy
Seller’s sole obligation and Buyer’s exclusive remedy for breach of this warranty is, at Seller’s discretion, repair or replacement of the defective Product. Returns must follow the process outlined in Returns and Warranty Policy available at www.getnice.com.
Warranty Exclusions
This warranty excludes:
Products altered or serviced by unauthorized parties;
Damage from misuse, accident, neglect, inconsistent storage or use;
Use in unintended applications or environments;
Defects occurring during shipment not caused by Seller;
Refurbished devices
Products marked final sale
Products determined by Seller to be counterfeit, falsified, or diverted from authorized distribution channels. Devices suspected to be counterfeit will not be eligible for warranty coverage and may be reported to applicable health authorities, in accordance with regulatory obligations.
No Consequential Damages
Seller shall not be liable to the Buyer for indirect, incidental, special, exemplary, or consequential damages, or damages for loss of profits, revenue, or lost business opportunities, incurred by Buyer, whether in an action in contract or in tort, even if such party has been advised of the possibility of such damages. In no event will Seller’s liability or damages hereunder exceed the amounts paid by Byer under this Agreement. This limitation applies to all causes of action in the aggregate including without limitation to breach of contract, breach of warranty, negligence, strict liability, misrepresentation, and other torts.
6. RETURNS, REJECTIONS, & RMAs
All returned products are subject to inspection and approval at the discretion of NICE Recovery Systems. Returned items may be reviewed by our Quality team to determine whether they meet the criteria of a complaint or reportable event under applicable regulatory frameworks. Returned products may be subject to post-market surveillance procedures.
Returns subject to our Return Policy, Visit Returns and Warranty Policy at www.getnice.com
7. ORDER ACCEPTANCE & CANCELLATION
Orders are binding only upon Seller’s written acceptance. Buyer may cancel or reschedule an order with approval, restock or application of other fees determined in Seller’s sole discretion. Seller may cancel accepted orders for cause, including non-payment risk, with notice to Buyer. Buyer may inspect and reject: full details in our Returns and Warranty Policy at www.getnice.com
8. INDEPENDENT CONTRACTORS
Nothing in this Agreement creates a partnership, joint venture, or agency. Buyer may not bind Seller or act on its behalf.
9. TERMINATION
Seller may terminate this Agreement with notice if Buyer fails to pay within 60 days of written notice. Obligations intended to survive termination shall remain in
effect.
10. FORCE MAJEURE
Seller shall not be liable for any failure to perform due to causes beyond its reasonable control, including without limitation natural disasters, war, labor shortages, strikes, supply chain issues, and government actions (including forced shutdowns).
11. FEES & COLLECTION COSTS
If Seller is required to file suit for payment, Buyer agrees that Seller may recover reasonable and necessary attorney’s fees and costs. Buyer shall also pay all costs related to collection of unpaid invoices.
12. SEVERABILITY
If any provision is found unenforceable, the remainder shall remain in full force.
13. ASSIGNMENT
Buyer may not assign this Agreement without Seller’s prior written consent.
14. NOTICES
All official notices shall be in writing and deemed effective upon personal delivery, confirmed email, commercial courier receipt, or three (3) days after
first-class mailing.
15. GOVERNING LAW & VENUE
This Agreement is governed by the laws of the State of Colorado. All lawsuits arising out of this Agreement shall be filed in Boulder County, Colorado. Buyer specifically agrees that such courts have personal jurisdiction over Buyer for such
lawsuits.
16. ENTIRE AGREEMENT
This Agreement and the Returns and Warranty policy constitute the full understanding between Buyer and Seller. Such agreements can be modified by Seller, at any time and in its sole discretion. This Agreement and related Returns and Warranty Policy supersedes any prior oral or written agreements.
17. CAUTIONS & WARNINGS
The NICE1 Cold and Compression Therapy Units are FDA-regulated prescription medical devices and must be obtained only from authorized sellers.
Federal law restricts these devices to sale by or on the order of a licensed healthcare practitioner.
Purchases from third-party or unauthorized sources (e.g., online auctions or private sellers) are not guaranteed for quality or condition, and warranties will be void. These restrictions are mandated under FDA and are supported by ISO 13485 and EU MDR.
18. SMS TERMS & CONDITIONS
a. SMS Consent Communication:
The information such as Phone Numbers obtained as part of the SMS consent process will not be shared with third parties for marketing purposes.
b. Types of SMS Communications:
If you have consented to receive text messages from NICE Recovery Systems, you may receive messages related to the following:
- Customer Support
- Sales inquires
c. Message Frequency:
Message frequency may vary depending on the type of communication.
d. Potential Fees for SMS Messaging:
Please note that standard message and data rates may apply, depending on your carrier’s pricing plan. These fees may vary if the message is sent domestically or internationally.
e. Opt-In Method:
You may opt-in to receive SMS messages from NICE Recovery Systems in the following ways:
- By submitting an online form
f. Opt-Out Method:
You can opt out of receiving SMS messages at any time. To do so, simply reply "STOP" to any SMS message you receive. Alternatively, you can contact us directly to request removal from our messaging list.
g. Help:
If you are experiencing any issues, you can reply with the keyword HELP. Or, you can get help directly from us at here
Additional Options:
- If you do not wish to receive SMS messages, you can choose not to check the SMS consent box on our forms.
h. Standard Messaging Disclosures:
- Message and data rates may apply.
- You can opt out at any time by texting "STOP."
- For assistance, text "HELP" or visit our Privacy Policy and Terms and Conditions pages.
- Message frequency may vary