SedMed Liability Coverage & Terms Guidelines
This document contains the tailored liability coverage language and product disclaimers for SedMed across three key audience categories: Direct-to-Consumer (B2C), Pilot Programs, and Hospital & Healthcare Enterprise (B2B).
1. Direct-to-Consumer Copy (B2C)
Use this copy in website Terms of Service, product detail page accordions, or checkout agreement checkboxes.
Consumer Safety, Installation, and Liability Notice
1. Intended Use & Operation
The SedMed Toilet Lift Assist is designed as a self-powered physical assist device for personal, residential use. Users must strictly follow all provided instructions and safety guidelines. The device supports users weighing between 75 lbs and 600 lbs across its 5 adjustable resistance settings. The user or purchaser assumes full responsibility for selecting the correct assist setting relative to body weight before operation.
2. Installation & Structural Integrity
SedMed provides installation guides and video tutorials for informational purposes. SedMed is not liable for property damage, device failure, or personal injury resulting from:
● Installation on loose, cracked, degraded, or incompatible toilet bowls or plumbing fixtures.
● Over-tightening, under-tightening, or failure to follow hardware mounting instructions.
● Modification, alteration, or use of non-approved third-party accessories or replacement parts.
3. Not Professional Medical Advice
SedMed products are mechanical assistive devices and do not constitute medical, physical therapy, or occupational therapy advice. SedMed does not guarantee the complete prevention of falls or medical emergencies. Users and caregivers should consult a licensed healthcare professional to evaluate whether SedMed is appropriate for their specific physical needs.
4. Limitation of Financial Liability
To the maximum extent permitted by law, SedMed shall not be liable for any indirect, incidental, or consequential damages (including personal injury or property damage) arising from the purchase or use of the product. SedMed’s total liability shall not exceed the actual purchase price paid for the unit.
2. Pilot Program Copy
Use this copy in Evaluation Agreements, pilot program application forms, or on custom pilot landing pages.
Pilot & Evaluation Program Terms of Liability
1. Evaluation Scope & Authorizations
SedMed units provided under a Pilot or Evaluation Program are supplied exclusively for performance testing, user assessment, and feasibility evaluation within designated facilities or trial environments during the mutually agreed trial period.
2. Pre-Deployment Inspection & Setup
Prior to deploying any evaluation unit, the participating partner or host facility agrees to:
● Inspect all host plumbing fixtures, mounting surfaces, and surrounding areas to verify structural integrity and compatibility.
● Ensure all installations are performed by authorized maintenance staff in accordance with SedMed technical manuals.
● Ensure participants or supervising personnel are briefed on operating the blue release lever and gas spring resistance controls.
3. Supervision & Hold Harmless
During the pilot evaluation, the participating organization retains primary responsibility for user supervision, physical safety assessments, and standard patient/resident care protocols. SedMed shall not be liable for injuries or property damage arising from unsupervised usage, improper setting selection, or deployment on non-approved fixtures during the trial period.
4. Liability Limitation for Evaluation Units
SedMed’s total liability during any evaluation or pilot program is strictly limited to the repair or replacement of demonstrably defective evaluation units and explicitly excludes any indirect, special, operational, or consequential damages.
3. Hospital & Enterprise Healthcare Copy (B2B)
Use this copy in Commercial Quotations, Master Services Agreements (MSAs), B2B Vendor Terms, or Institutional Procurement Portals.
Commercial & Institutional Liability Provisions
1. Regulatory & FDA Status
SedMed devices are manufactured and distributed as FDA-registered Class I (Exempt) physical assist devices. SedMed warrants that products delivered to commercial and institutional buyers conform to manufacturer technical specifications at the time of delivery.
2. Facility Responsibility & Staff Training
Institutional purchasers (including hospitals, skilled nursing facilities, and rehabilitation centers) acknowledge and agree that:
● Device installation must be completed by facility engineering or maintenance personnel strictly per SedMed Commercial Installation Manuals.
● Facility staff must be properly trained on adjusting seat resistance (75–600 lbs capacity) and enforcing safe patient handling and transfer protocols.
● SedMed assumes no liability for claims arising from failure of facility staff to follow established clinical transfer guidelines or proper device operation.
3. Sanitation & Maintenance Compliance
SedMed devices require routine maintenance and cleaning in accordance with SedMed Sanitation Guidelines. SedMed is not liable for structural degradation, component failure, or surface deterioration caused by exposure to unapproved, non-recommended chemical disinfectants or harsh sterilizers outside specified care guidelines.
4. Commercial Limitation of Liability
In no event shall SedMed, its officers, or affiliates be liable to the purchasing institution or third parties for indirect, incidental, consequential, or punitive damages—including operational downtime, administrative losses, or third-party patient claims. SedMed’s maximum aggregate liability for any claim arising from commercial sales or product performance shall not exceed the total contract price paid by the institution for the specific unit(s) giving rise to the claim.
4. Wholesalers, Distributors, & Sales Representatives Copy (Channel Partners)
Use this copy in Distribution Agreements, Authorized Reseller Agreements, Wholesale Terms & Conditions, and Sales Representative Contracts.
Wholesale, Distribution, and Sales Representative Liability Terms
1. Authorized Marketing Claims & Product Representations
Wholesalers, distributors, medical equipment dealers, and independent sales representatives ("Channel Partners") are authorized to market and sell SedMed products solely using official SedMed marketing collaterals, technical specifications, and user guides. Channel Partners shall not make any unauthorized medical claims, performance guarantees, weight capacity representations beyond official specifications (75–600 lbs), or warranties that exceed SedMed's standard written product warranty.
2. Resale Compliance, Unaltered Packaging, & Traceability
Channel Partners agree to distribute and sell SedMed products in their original, unopened, and unaltered factory packaging, complete with all safety labels, serial numbers, user manuals, and installation instructions intact. Channel Partners shall maintain accurate serial number tracking and sales records for lot/unit traceability and agree to cooperate fully with SedMed in the event of product notifications, safety alerts, or field actions.
3. Storage, Inventory Handling, & Inspection
Channel Partners assume full responsibility for proper handling, climate control, and safe storage of SedMed inventory while under their custody or control. SedMed is not liable for inventory damage, unit contamination, or component degradation resulting from improper warehousing, transit damage after FOB origin transfer, or improper storage conditions prior to delivery to the end user.
4. Channel Partner Indemnification & Limitation of Liability
Channel Partners agree to defend, indemnify, and hold harmless SedMed, its officers, and affiliates from and against any third-party claims, liabilities, losses, or legal expenses arising from:
● Misrepresentations, unauthorized warranties, or unapproved medical/clinical advice provided by Channel Partner personnel or sales representatives.
● Failure of the Channel Partner to pass along safety documentation, installation manuals, or weight capacity guides to end users or institutional buyers.
● Third-party modifications, bundling, or alterations made to SedMed products prior to end-user sale.
In no event shall SedMed be liable to Channel Partners for lost profits, lost sales opportunities, business interruption, or indirect consequential damages arising under distribution or sales representative agreements.