TERMS AND CONDITIONS FOR AITHRE AIR DAILY BOTTLE RENTALS
By renting an Aithre Air Bottle, you as the customer agree to and are bound by the following terms and conditions. This is an agreement between you the customer and Aithre Inc. dba Aithre Air of Ketchum, Idaho.
RENTAL LOCATION: Aithre Air @ 971-3 N. Main St., Ketchum, Idaho 83340. All pickup, return, and refills shall occur at the rental location. There will be no deliveries or pickups.
PRODUCT DESCRIPTION: An Aithre Air bottle consists of the following:
- carbon fiber Aithre Air bottle filled with 152L of 99.99% pure aviator's breathing oxygen
- easy-operate single input regulator-valve with adjustable flow
- Uni-flo2 single prong cannula
- neoprene tote bag
BOTTLE OWNERSHIP: Aithre Air owns the bottle. The customer has no rights to the bottle other than to use the bottle during the rental period and consume the contained supplemental oxygen. The bag and cannula are not returned and are owned by the customer.
RENTAL COST: The rental cost is $250/4 days with each additional day being $50. A daily refill of oxygen is included for each day - no accumulating days.
RENTAL PERIOD DEFINED: The rental minimum is 4 days defined as beginning at 9am and ending at 5pm Mountain Time the last day regardless of when the bottle is picked up or returned during that time frame or of whether the oxygen is actually consumed. A rental period of more than the initial period extends extends to 5pm on the following day.
LATE RETURNS WITHOUT FORMAL EXTENSIONS: Any bottle return after 5pm Mountain Time on the last day of your reservation period will be billed for another full day per day that the bottle is late up to the maximum of $595. YOU AUTHORIZE AITHRE TO CHARGE YOUR CREDIT CARD FOR ALL RENTAL FEES.
OXYGEN FILL: A bottle fill includes 99.99% aviators breathing oxygen pressurized to 2000 PSI +/- 100 PSI at the time of filling. Filling the bottle is only to be performed by Aithre Air and no other persons are authorized to fill the Aithre bottles. Do not fill the bottles yourself as doing so could result in injury, death, or damage to the bottle. Aviator's breathing oxygen is not approved by the FDA for treatment or prevention of disease.
WASTE OF OXYGEN: Failure to turn off the oxygen regulator will waste the oxygen. You are solely responsible for managing the regulator and Aithre Air is not responsible for wasted oxygen.
DANGER: Oxygen may cause or intensify fire. Oxygen is an oxidizer. The bottle contains gas under pressure and may explode if heated. Do not handle until all safety precautions are read and understood as set forth in the Safety Data Sheet (SDS). Do not smoke around the bottle or cannula. Keep the bottle and cannula away from oil, grease, or combustibles. Keep the bottle under 50 degrees C. Keep away from children or others who are not familiar with these hazards. Pressure of 2000 lbs. per square inch.
WARNING FOR COVID19: DO NOT SHARE CANNULAS. Sharing cannulas could cause contraction of COVID or other diseases. Customer agrees not to share cannulas with another person for any reason or for any time, no matter how brief.
AUTHORIZATION TO CHARGE CREDIT CARD. You authorize Aithre Air to charge your credit card for the reservation period, extension days, and refill oxygen as set forth in this agreement.
PRODUCT DAMAGE. Damage to the bottle or regulator includes any of the following: dents, deformation, puncture, scratches through the bottle epoxy layer exposing any part of the carbon fiber, burns, breakage, mechanical or structural failure, removal of parts, or the like. You agree to pay the $595 retail cost for any damage to the bottle or regulator that occurs during your reservation period.
LIMITATION ON LIABILITY. You assume ALL RISK, including financial or bodily harm risk resulting from carrying the bottle, using the bottle, storing the bottle, shipping the bottle, transporting the bottle, expelling oxygen from the bottle, or consuming oxygen from the bottle. You agree to release and discharge from liability arising from negligence Aithre and its owners, directors, officers employees, agents, volunteers, participants, and all other persons or entities acting for them on behalf of yourself and your children, parents, heirs, assigns, personal representative and estate, and also agree as follows. 1. You acknowledge that using the bottle and expelling or consuming oxygen involves known and unanticipated risks which could result in physical or emotional injury, paralysis or permanent disability, death, and property damage. Risks include, but are not limited to, broken bones, torn ligaments or other injuries as a result of falls or contact; death; medical conditions; and damaged clothing or other property. You understand such risks simply cannot be eliminated, despite the use of safety equipment. 2. You expressly accept and assume all of the risks inherent in using the bottle and expelling or consuming oxygen that might have been caused by the negligence Aithre. Your use of the bottle, expelling or consuming oxygen is purely voluntary and you elect to do so despite the risks. In addition, if at any time you believe that use of the bottle, expelling or consuming oxygen or other conditions are unsafe or that you are experiencing physical or medical conditions, then you will immediately discontinue use of the bottle, expelling or consuming oxygen. 3. You hereby voluntarily release, forever discharge, and agree to indemnify and hold harmless Aithre from any and all claims, demands, or causes of action which are in any way connected with your use of the bottle, expelling or consuming oxygen, arising from negligence. This release does not apply to claims arising from intentional conduct. Should Aithre or anyone acting on their behalf be required to incur attorney’s fees and costs to enforce this agreement, you agree to indemnify and hold Aithre harmless for all such fees and costs. 4. You represent that you have adequate insurance to cover any injury or damage you may suffer or cause while using the bottle, expelling or consuming oxygen, or else you agree to bear the costs of such injury or damage yourself. 5. You further represent that you have no medical or physical condition which could interfere with your safety in using the bottle, expelling or consuming oxygen, or else you are willing to assume – and bear the costs of – all risks that may be created, directly or indirectly, by any such condition. 6. You agree that if you are hurt or your property is damaged during use of the bottle, expelling, or consuming oxygen, then you may be found by a court of law to have waived your right to maintain a lawsuit against Aithre or other parties being released on the basis of any claim for negligence.
DOCTOR RECOMMENDATION. You must seek advice from a doctor prior to consuming oxygen from the bottle, especially if you have any medical condition or disease or are on any medication to ensure that use of 99.99% oxygen at any rate is safe for you to consume. You assume ALL RISK of injury or death resulting from consuming oxygen from the bottle and agree not to consume oxygen from the bottle to treat or prevent any medical condition.
NO WARRANTY. AITHRE MAKES NO REPRESENTATIONS AND GRANTS NO WARRANTIES, EXPRESS OR IMPLIED, EITHER IN FACT OR BY OPERATION OF LAW, BY STATUTE OR OTHERWISE, UNDER THIS AGREEMENT, AND AITHRE SPECIFICALLY DISCLAIMS ANY OTHER WARRANTIES, WHETHER WRITTEN OR ORAL, OR EXPRESS OR IMPLIED, INCLUDING ANY WARRANTY OF QUALITY, MERCHANTABILITY OR FITNESS FOR A PARTICULAR USE OR PURPOSE.
JURISDICTION: You consent to personal jurisdiction and choice of forum in Blaine County, Idaho USA. You agree that Idaho law shall apply.
ATTORNEYS FEES. The prevailing party shall have the right to an award of attorneys fees.