TERMS AND CONDITIONS OF ORDERS AND SALE/RENTAL

 

NOTICE ABOUT ORDERS: 

ALL Orders for Smart Meter products should be placed through the SmartPartner API or Smart Meter’s Smart Solutions Platform. For assistance with orders, or if API or Smart Meter’s Smart Solutions Platform is not available, contact your Client Success Manager, support@smartmeterrpm.com or call: 1.813.773.4080.

 

 

PRICING  POLICY: 

Orders will be priced and invoiced at the published Smart Meter price for all products, or as specified in the SmartPartner Product and Plan Pricing. Pricing is in U.S. Dollars and does not include taxes, duties, tariffs, or other costs, all of which, if any, shall be borne solely by SmartPartner.

 

 

SHIPPING CHARGES:

Smart Meter will select the method of shipping (Standard Ground shipping). All shipments are FOB Destination. Shipping charges will be assessed for all shipments per pricing in Product and Plan Pricing. If rush order delivery is requested, freight will be assessed and confirmed with the SmartPartner at the time of invoicing. 

 

Under the Product and Service Fee Pricing Model, all Shipping and Handling Fees are included in the prices. Likewise, the Membership Model in the Product and Plan Pricing includes shipping and handling, unless otherwise noted. Under the Pay as you Go Model, shipping and handling are paid separately.

 

Shipping, as specified in the Product and Plan Pricing, is applicable only to products shipped within the continental United States. Orders shipped to Alaska, Hawaii, or Puerto Rico will incur an additional charge of $25 per order. Smart Meter does not offer shipping outside of the United States.

 

RUSH ORDERS:

Rush orders (overnight or second day) must be received before 12:00 p.m. (U.S. Eastern Time) to ensure timely delivery and will incur an additional fee of $25.00 per device.

 

Signature Delivery:

An optional service of Signature Delivery is available and will incur an additional fee of $15.00 per device.

 

DEVICE SUSPENSION, DEACTIVATION, AND REACTIVATION:

After the initial membership period, all devices transition to a month-to-month service. Smart Meter will charge a monthly membership fee for each eligible active device as of the last day of each calendar month. SmartPartner is solely responsible for managing its devices and initiating any suspensions, and Smart Meter has no obligation to suspend devices on SmartPartner’s behalf or to monitor device status to prevent billing. SmartMeter will continue to bill the monthly membership fee for all devices that remain active.

 

SmartPartner reserves the right to suspend any eligible devices assigned to its population. Once suspended, SmartPartner may reactivate a device within ninety (90) days for a reactivation fee of $3.00 per device. After ninety (90) days, suspended devices will be permanently deactivated and may not be reactivated.

 

All monthly membership fees are non-refundable, and no credits or retroactive billing adjustments will be issued for devices that were not suspended prior to month-end.

 

ADDRESS VALIDATION SERVICE:

To help ensure timely and accurate delivery of cellular–enabled medical devices, Smart Meter offers an optional address validation service at no additional cost. This service leverages a third-party address verification system integrated with major national carriers to confirm the accuracy of all "ship to" addresses submitted via API or CSV file. While participation in this service is optional, failure to opt–in or choosing to opt–out may result in delivery delays and additional charges due to invalid or incorrect shipping information. If SmartPartner submits an inaccurate address that requires correction after submission to Smart Meter, a fee of $25.00 per address correction will be assessed to SmartPartner to cover carrier and administrative costs.

 

EXPORT LAW COMPLIANCE:

Smart Meter products may only be used in the United States. Any attempt to export Products is a breach of Agreement.

 

REPORTING OF DISCOUNTS:

The Parties acknowledge and agree that any rebates, discounts, incentives, or products provided at no charge by Smart Meter to SmartPartner may constitute a “discount or other reduction in price” under Section 1128B(b)(3)(A) of the Social Security Act [42 U.S.C. § 1320a-7b(b)(3)(A)]. SmartPartner represents and warrants that it has complied, and shall continue to comply, with all applicable laws and regulations relating to such discounts or reductions in price, including, without limitation, any obligations to properly disclose and accurately report the value of any such discounts or reductions in price to federal or state health care programs, and to fully and accurately report the net cost actually paid for such items or services, as required by law.

 

WARRANTY AND LIMITATION OF LIABILITY:

Smart Meter represents and warrants that the products provided under this Agreement shall be free from material defects in materials and workmanship for the warranty period specified in the applicable owner’s manual for each product. This warranty is expressly conditioned upon proper use of the products and shall be void if the products (i) are expired, (ii) have been misused, neglected, improperly handled, altered, or abused, (iii) have been used for purposes other than those for which they were manufactured, or (iv) fail to conform to the warranty due in whole or in part to causes beyond Smart Meter’s reasonable control. Smart Meter’s sole and exclusive liability, and SmartPartner’s sole and exclusive remedy, for any breach of the foregoing warranty shall be limited, at Smart Meter’s option, to either (a) replacement of the non-conforming product, or (b) refund of the actual amounts paid by SmartPartner for the affected product. EXCEPT AS EXPRESSLY SET FORTH HEREIN, SMART METER MAKES NO OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.

 

DEVICE TAMPERING AND WARRANY VOIDANCE:

Any tampering with Smart Meter devices will void all associated warranties. Tampering includes, but is not limited to, the unauthorized removal, replacement, or swapping of SIM cards, physical alterations to the device, or any other modification not expressly authorized by Smart Meter. Devices found to have been tampered with will no longer be eligible for repair, replacement, or support under the standard warranty policy. Additionally, Smart Meter reserves the right to remotely disable or stop the flow of data from any device identified as tampered with.

 

THE WARRANTY SET FORTH IN THIS PARAGRAPH ARE EXCLUSIVE REGARDING THE PRODUCTS AND IN LIEU OF ALL OTHER WARRANTIES EXPRESS, IMPLIED OR STATUTORY, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. UNLESS SPECIFIED IN THESE TERMS, ALL PRODUCTS ARE SOLD AS-IS. ALL OTHER WARRANTIES WHETHER EXPRESS OR IMPLIED BY STATUTE OR OTHERWISE ARE HEREBY EXPRESSLY DISCLAIMED. 

 

SmartPartner AGREES THAT SMART METER IS NOT RESPONSIBLE FOR ANY INDIRECT, CONSEQUENTIAL, PUNITIVE OR BUSINESS DAMAGES (INCLUDING WITHOUT LIMITATION, LOSS OF PROFIT OR USE), WHICH MAY BE SUFFERED AS A RESULT OF YOUR SALE OR USE OF THE PRODUCTS.

 

MODIFICATIONS:

Smart Meter may modify these Terms at any time and will provide proper notice. Any modifications will apply to orders made after the effective date.

 

INDEMNIFICATION:

SmartPartner and Smart Meter shall indemnify and hold harmless each other, their affiliates, directors, owners, officers, employees and agents from and against any suits, claims, losses, demands, liabilities, damages, costs and (including all costs, attorneys’ fees and investigative costs) in  connection with any suit, threat, claim demand, or action by any third party to the extent such suit, threat, claim, demand, or action arises out of, or results, from a breach of these Terms or a third party’s  use or sale, transfer, possession, or distribution of the products purchased from Smart Meter, except if such suit, threat, claim, demand or action arises exclusively out of the failure of such products to meet the warranty set forth above.

 

GOVERNING LAW AND JURISDICTION:

This agreement and all disputes arising hereunder and/or related to the Smart Meter products purchased by SmartPartner will be governed by and interpreted in accordance with the laws of the State of Florida. The parties also shall submit all such disputes to the exclusive jurisdiction of the state and federal courts located in Hillsborough County, Florida.

 

 

 

RETURN MERCHANDISE AUTHORIZATION (RMA) POLICY

 

General Policy:

 

To obtain a Return Merchandise Authorization (RMA), please call 1.844.445.8267 or email support@smartmeterrpm.com

• All product returns must have an RMA attached with return paperwork. Product returns without an RMA will be refused.
• If any defective device is not returned within 30 days from issue of RMA, it will result in a charge for the replacement device. 
• All requests to return Product should be directed to Smart Meter by the purchasing SmartPartner.
• Returned goods that are damaged or missing may be rejected. Smart Meter reserves the right to reject any returns at Smart Meter’s sole discretion.
• Returned products that have not been troubleshooted according to Smart Meter specifications shall receive no credit. If a returned product is determined by Smart Meter in its sole discretion to be functioning according to Product specifications shall receive no credit and a restocking fee will apply.

 

To have an RMA issued, please include the following information:

• Purchase information (Purchase Order and Invoice Number)
• Reason for Return
• Product Information (Material Number, Product Name(s), Date & Quantity)
• Your Contact Information (Contact Name and Telephone and/or Fax Number)
• Requested credit must reference previous price paid. 

 

NO RMA or CREDIT will be given for the following:

• Product returned WITHOUT authorization
• IMEI number is non-existent/ ineligible on the original issued equipment
• Product not purchased from Smart Meter or an Authorized Smart Meter Distributor
• Products that have not been properly troubleshooted according to Smart Meter specifications and perform as expected during bench testing
• Products that contain drugs
• Products that are temperature controlled and have not been properly stored.
• Products returned with conditions that prevent resale.  Examples include, but are not limited to:
  • Special Ordered, Custom Made, or Store Brand products
  • Obsolete or Discontinued products
  • Opened products
  • Expired product or product outside minimum dating requirements
  • Units of measure less than Smart Meter’s original unit of issue

 

Returns are shipped to the address provided on the RMA. All products returned within expiration date must meet acceptable Smart Meter shelf-life guidelines and be in an original, full shipment container. (Example for original, full shipment container: If product was originally bought as a case, then full case must be returned.) Please contact Smart Meter to identify expiration or container requirements for a specific material number.

 

 

 

 

PRODUCT RETURN POLICY

 

Smart Meter may accept returns of unopened, unused products in their original packaging on a case-by-case basis, subject to prior approval and issuance of a Return Merchandise Authorization (RMA). Certain products are non-returnable, including all iGlucose devices and supplies, opened items, expired products, custom-labeled goods, and promotional bundles. All returns are subject to inspection upon receipt, and final approval for restocking and any applicable credit is at the sole discretion of Smart Meter. Detailed return instructions will be provided once the RMA is issued.

• Days from original purchase date = 0-90 days ($25 per returnable device & $10 per box of unopened test strips)
• Days from original purchase date = Over 90 days = no returns allowed

 

RENTAL POLICY (IF APPLICABLE)

 

Rental Equipment – Rental Equipment shipped under this Agreement may be reprocessed or contain reprocessed parts or components. Smart Meter warrants that Rental Equipment, whether new or reprocessed, is in good working order and is free from defects in materials and workmanship when shipped to SmartPartner. Rental Equipment shipped to SmartPartner under this Agreement remains the property of Smart Meter. New Rental Equipment models developed by Smart Meter in the future will be available to SmartPartner at the monthly fee published for such equipment at the time any such equipment is released. Nothing in this Agreement shall require Smart Meter to continue to manufacture and supply SmartPartner with any model of equipment.

 

Equipment Tampering – Smart Meter will not be responsible for any equipment that has been tampered with such as, but not limited to: attempting to swap SIM cards (which renders the devices inoperable), removing screws and opening devices, or using non-approved electronic chargers.

 

Lost or Damaged Equipment – If for any reason Rental Equipment, after delivered to SmartPartner and/or their Client/Patient, is lost, stolen or damaged beyond repair such that it cannot be repaired and resent back out to another patient, including but not limited to: liquid spills and insect infestations, discoloration, cracks and excessive visible damage, missing face plates, and other obvious disrepair, SmartPartner agrees to reimburse Smart Meter for the equipment. The reimbursement price for any unit lost, stolen or damaged beyond repair will be: $75.00.

 

Equipment Maintenance – Smart Meter will repair or replace, as needed, any Equipment shipped to SmartPartner under this Agreement, except for devices that meet the definitions of Tampered Equipment / Lost or Damaged Rental Equipment as set forth above.

 

GENERAL RETURN POLICY:

The Return of the rental device included in the Product and Service Fee Model is the responsibility of Smart Meter.

Return Process:

 

Patient or SmartPartner needs to obtain a Rental Return Shipping Label by calling 1.844.445.8267 or emailing support@smartmeterrpm.com.

 

• To have a Rental Return Label issued, patient or SmartPartner needs the following information:
  • Reason for Return
  • Contact Information (Contact Name and Telephone and/or Email)
• Smart Meter reserves the right to decline to provide a Rental Return Label and may ask for the device to be properly disposed of by the user or the SmartPartner.
• Returned devices that are damaged, missing or are in a condition preventing reuse may be rejected. Examples include, but are not limited to:
  • Special Ordered, Custom Made, or Store Brand products
  • Obsolete or Discontinued products
  • Opened products
  • Expired product or product outside minimum dating requirements
• Smart Meter reserves the right to reject any returns at Smart Meter’s sole discretion.
• If any defective device is not returned within 30 days from issue of RMA, it will result in a charge for the replacement device.

 

 

 

RIGHT TO USE POLICY

 

• SmartPartner may reproduce and publicly display certain product(s), product likeness(es), copyright(s), trademark(s), artwork, tagline(s), video(s), insignia, indicia, and/or logo(s) of Smart Meter, LLC products (“Product Likeness”) in connection with the promotion, marketing, sale and dispensing of such products. Smart Meter, LLC owns the copyrights to the Product Likeness and may allow the SmartPartner to reproduce and publicly display them for reasonable purposes as set forth herein. 

 

• SmartPartner is granted a limited, royalty-free right to reproduce and publicly display the Product Likeness solely for such purposes.  

 

• SmartPartner may not use the Product Likeness for any purpose competitive to the products or in a way which defames or disparages Smart Meter, LLC, or its products or which otherwise detracts from the value of Smart Meter, LLC’s products.

 

• The permissions granted may be revoked by Smart Meter, LLC at any time upon written notice to SmartPartner and SmartPartner will immediately cease any further use of the Product Likeness

 

 

 

SMART HEALTH SOLUTIONS POLICY

 

SmartTouch^TM Program Terms:

 

Program Overview: The SmartTouch Program is an AI-enabled device usage optimization service designed to enhance patient engagement and device compliance. Enrolled patients will receive tailored outreach through SMS, voicemail, and live operator calls.

 

For customers on Smart Meter’s Rental Model, SmartTouch Engage is included at no additional cost. Add-on programs, including but not limited to SmartTouch Consent and SmartTouch Convert, are not included and will be offered at an additional cost.

 

Enrollment Requirements:

• SmartPartner must have written patient consent before enrolling into SmartTouch Onboarding or SmartTouch Engage. If opting in to SmartTouch Consent and SmartTouch Convert, SmartPartner authorizes Smart Meter to contact and collect patient consent for proposed services.
• Required patient information must be provided, including name, phone number, address, date of birth, and device details.

 

Program Conditions:

• Patients may opt out at any time. Smart Meter will notify SmartPartner of any opt-out requests.
• Billing will continue for patients until the SmartPartner confirms disenrollment or resolves the opt-out request.
• No patients will be enrolled without complete data elements.
• As part of the SmartTouch program, Smart Meter may send text messages to patients. Please note that Smart Meter will cover any associated text messaging charges.

 

Third Party Smart Health Solutions Program Terms:

 

1. Procurement and Licensing

• SmartPartner may procure third-party healthcare software solutions, patient engagement tools, and other clinical products vetted by Smart Meter either directly from Smart Meter, through authorized third-party vendors, or through affiliate links provided to SmartPartner via credentialed access in the Smart Solutions Platform, hereinafter referred to collectively as the “Smart Health Solutions.”

 

2. Use Restrictions

• SmartPartner is prohibited from:
  • Using the Smart Health Solutions beyond the scope defined in the current agreement.
  • Employing devices or software that interfere with the Smart Health Solutions functionality.
  • Outsourcing, renting, reselling, sublicensing, or sharing the Smart Health Solutions with unauthorized third parties.
  • Decompiling, disassembling, or reverse-engineering the Smart Health Solutions underlying code or firmware.
  • Engaging in any illegal activities using the Smart Health Solutions.
  • Accessing the Smart Health Solutions for competitive analysis or benchmarking purposes.

 

3. Data Access and Interoperability

• If SmartPartner installs or enables Smart Health Solutions for use with Smart Meter’s health solutions, Smart Meter may permit these Smart Health Solutions vendors to access customer data as necessary for the Smart Health Solutions interoperability.
• Any data exchange or interaction between SmartPartner and the third-party Smart Health Solutions vendors is governed by separate terms, such as a privacy policy, established between the SmartPartner and the third-party Smart Health Solutions vendors.
• Smart Meter is not responsible for any disclosure, modification, or deletion of customer data resulting from such access.
• Smart Meter reserves the right to receive data gathered by third-party Smart Health Solutions, as necessary, to enhance interoperability, improve service functionality, and ensure compliance with healthcare standards.

 

4. Support and Warranties

• Unless explicitly stated in the current agreement, Smart Meter does not provide warranties for third-party Smart Health Solutions, regardless of any designations such as “Certified for Healthcare Use” or “Approved by Smart Meter.”
• The procurement and any associated services of such Smart Health Solutions are solely between SmartPartner and the third-party Smart Health Solutions vendor.
• Smart Meter is not responsible for any aspect of third-party Smart Health Solutions that SmartPartner may procure or connect to through its healthcare solutions.

 

5. Pricing

• Pricing will be subject to the Smart Health Solutions pricing agreement.
• Smart Meter reserves the right to change pricing by giving a 30-day notice to SmartPartner.

 

6. Termination and Data Deletion

• Upon termination or expiration of the agreement, the rights and licenses granted to SmartPartner for the third-party Smart Health Solutions will automatically terminate.
• Smart Meter and the third-party Smart Health Solutions vendors reserve the right to permanently delete SmartPartner data associated with the third-party Smart Health Solutions after 30 days following termination or expiration.