FitHearing Purchase Agreement

Any client (the “Client”) who purchases hearing aids and/or Accessories from FitHearing, either by way of this website via online checkout or through direct contact and/or invoicing by any FitHearing personnel, enters into a BILL OF SALE (“Agreement”) on the date of purchase by and between FitHearing LLC, a Tennessee limited liability company (the “Company”), and the client.  Each is a “Party” and collectively referred to herein as the “Parties”.

  1. Purchase of Hearing Aids. Client agrees to purchase from the Company, all items, both hearing aids, accessories and the related services, listed on their online order summary or invoice at the purchase price and based on the terms and conditions in this Agreement.
  2. HearX Self Test Kit/No Medical Advice. Our self test kit, that we may lend for one time use with your hearing aid puchase, was supplied by The HearX Group. hearTest™ is a CE and FDA Compliant digital pure tone audiometer (IEC 60645-1) with calibrated headphones offering rapid automated testing. Features include adjustable protocols, environmental noise monitoring and automated quality control monitoring test reliability. A hearing aid will not restore normal hearing. Any hearing test or examination conducted by a Client using a self test kit is not a medical test or examination and is solely for the purposes of indicating if you may be an appropriate candidate for our hearing aids and to provide us enough information to create your personal hearing profile and initially program your hearing aids. The self test kit does not diagnose hearing loss or any other disease or condition. Certain hearing tests which may be purported to be required by state law prior to hearing aid purchases may include in-person evaluative elements that cannot be fulfilled by the self test kit. Any information obtained through this site or from communications with FitHearing, including the self test kit and any email or telephone interactions with FitHearing personnel, is for informational purposes only, and neither FitHearing nor any of its personnel in any way proposes to offer medical advice. Please consult your personal health care provider before making any medical decisions. Any communication between FitHearing, including any of its personnel, and you does not create a doctor-patient or other professional relationship, and cannot be assumed to be subject to patient or other privacy protections except as explicitly provided in our Privacy Policy. In addition, you acknowledge that hearing loss may result from conditions that could be serious or life-threatening, and which are best evaluated under the care of a physician or otolaryngologist.

 

  1. Trial Period. The Client has 60 days from the date the Client receives his or her Hearing Aids and/or Accessories (the “Fitting Date”) to test out and try the Hearing Aids and/or Accessories (the “Trial Period”). If the Hearing Aids and/or Accessories are returned during the Trial Period, the Client will receive a full refund once the Hearing aids and/or Accessories arrive by mail to the Company. Should a client decide to purchase two or more differing brands or models of Hearing Aid(s) simultaneously, in which case the two trial periods overlap, the restocking fee will be $500 per each set (or single Hearing Aid if Client only purchased one for one ear) returned during it’s trial period. Each client is entitled to only one complimentary swap from the current Hearing Aid(s) model they are trialing with FitHearing to any other brand or model we sell.  Should the Client choose to return the new hearing aid(s) received from the swap, he or she will be charged a $500 restocking fee for this pair and and any additional pair trialed for a period of one year.To return your hearing aid(s), simply mail the the items to:FitHearing, LLC
    2225 Bandywood Drive,
    Nashville, TN 37215NO REFUND WILL BE GIVEN UNTIL THE PRODUCTS ARE RETURNED TO FITHEARING.

    The hearing aid(s) and/or accessories or other product(s) must be returned to FitHearing in as good a condition as when received, less normal wear and tear.

 

  1. Warranty. The Company hereby assigns to Client, effective as of the Purchase Date, any and all existing assignable warranties, indemnities or other rights, remedies or claims against manufacturers of the Hearing Aids and/or Accessories, to the extent those rights are assignable. The Company makes no representation or warranty as to the existence or assignability of any such rights. The Company hereby further agrees on reasonable request by the Client, and at the Client’s sole cost and expense, to give notice of such assignment to the manufacturers or any third party supplier or maintenance provider. The Company also hereby grants to Client rights of subrogation relating to any claim which the Company may have under such warranties concerning the Hearing Aids and/or Accessories. WITH THE EXCEPTION OF EXPRESS WARRANTIES CONTAINED IN THIS AGREEMENT, COMPANY PROVIDES THE HEARING AIDS “AS IS”, WITHOUT WARRANTY OF ANY KIND, WHETHER EXPRESS OR IMPLIED AND THE COMPANY DISCLAIMS ALL IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.

 

 

The Hearing Aid manufacturer offers the following warranty:

 

Warranty TypeWarranty Period (Varies by Technology Level – See Invoice)
Repair on loss and damage to Hearing Aid1-3 year from Purchase Date
Accessories and remakes1-3 year from Purchase Date
Ear molds (does not cover loss)90 days from date Client receives ear molds

 

In the case of loss or damage during the applicable Warranty Period (as listed above), a one-time replacement will be provided, subject to Client paying the Company a deductible fee per Hearing Aid. Client shall be responsible for paying all applicable fees associated with shipping and services related to the replacement of the hearing aid(s).

 

  1. Disclaimer of Warranties.

 

 

  1. Client was advised that the Hearing Aids will not restore normal hearing, nor will it prevent further hearing loss.

 

  1. Client was advised that any examination(s) or representation(s) made by a licensed hearing instrument apprentice, fitter, or dispenser in connection with the fitting and selling of this hearing instrument(s) is not an examination, diagnosis or prescription by a person licensed to practice medicine in this state and, therefore must not be regarded as medial opinion or advice.

 

  1. These Hearing Aids or assistive devices are warranted to be specifically fit for the Client’s particular needs. If the Hearing Aids are not specifically fit for the Client’s particular needs, the Hearing Aids may be returned within the Trial Period.

 

  1. The Company cannot guarantee Client’s benefits or eligibility with Client’s health insurance plan. Client’s health insurance plan is a contract between Client and the particular insurance company.

 

  1. Client Representations. The Client is over the age of 18 and has been advised by the Company that the Food and Drug Administration has determined the Client’s best health interests would be best served if the Client had a medical evaluation by a licensed physician (preferably a physician who specialized in diseases of the ear), before purchasing Hearing Aids and at least once every three years. The Client confirms that he/she has none of the below conditions, and none of the below symptoms apply to him/her, and understand that the existence of any such conditions or symptoms would prohibit the Company from selling a hearing aid to the Client: (i) Visible congenital or traumatic deformity of the ear. (ii) History of active drainage from the ear within the previous 90 days. (iii) History of sudden or rapidly progressive hearing loss within the previous 90 days. (iv) Acute or chronic dizziness. (v) Unilateral hearing loss of sudden or recent onset within the previous 90 days. (vi) Audiometric air-bone gap equal to or greater than 15 decibels at 500 hertz (Hz), 1,000 Hz, and 2,000 Hz. (vii) Visible evidence of significant cerumen accumulation or a foreign body in the ear canal. (viii) Pain or discomfort in the ear.

 

  1. State Regulations and Specific Additional Advisements. All terms of this Agreement shall be interpreted in a manner consistent with the applicable state regulations and other guidance promulgated thereunder associated with the Hearing Aids. The Company may amend this Agreement to comply with applicable state regulations. See Exhibit A for the state specific additional advisements.

 

 

  1. Miscellaneous Provisions.

 

  1. Assignment. The Client shall not assign this Agreement without the written consent of the Company.

 

  1. Cumulative Rights. The rights of the Parties in this Agreement are cumulative and no exercise or enforcement by a Party of any right or remedy in this Agreement shall preclude the exercise or enforcement by such Party of any other right or remedy which the Party is entitled by law to enforce.

 

  1. Governing Law. This Agreement shall be interpreted under and governed by the laws of the State of Tennessee irrespective of its choice of law principles.

 

  1. Binding Effect. This Agreement is binding upon the Parties, their respective executors, administrators, heirs, assigns and successors in interest.

 

  1. Counterparts. This Agreement may be executed in two (2) or more counterparts, each of which shall be deemed an original, but all of which together shall constitute one and the same instrument. Counterparts may be delivered via facsimile, electronic mail (including pdf or any electronic signature complying with the U.S. federal ESIGN Act of 2000, g., www.docusign.com) or other transmission method and any counterpart so delivered shall be deemed to have been duly and validly delivered and be valid and effective for all purposes.

 

  1. Modifications, Severability. The Parties may by written instrument mutually waive or reduce any obligation of, or restriction upon, the other under this Agreement, effective upon delivery of written notice of this Agreement to the other or such other date stated in the notice of waiver. All consents or withholding of consent, shall be in writing. If a court of competent jurisdiction finds any clause or provision of the Agreement to be unenforceable, then the Agreement shall be deemed amended to exclude the clause or provision and the remainder of the Agreement shall continue in full force and effect.

 

  1. Waiver. Failure or delay by a Party to exercise any right or remedy shall not be a waiver and shall not prevent the enforcement of that or any other right. Any waiver of a breach shall not waive the right to assert a later breach and all waivers shall be in writing and executed as provided in this Agreement.

 

 

EXHIBIT A

 

NOTICE REGARDING MEDICAL OPINION

If you are a resident of Alabama, Colorado, District of Columbia, Florida, Hawaii, Iowa, Kentucky, Massachusetts, Nebraska, New Hampshire, New Mexico, New York, New Jersey, North Dakota, Ohio, Oklahoma, Oregon, Pennsylvania, Rhode Island, Texas or Wyoming, YOU MUST READ AND ACKNOWLEDGE THE TEXT FROM YOUR STATE BELOW REGARDING MEDICAL OPINIONS.

ALABAMA
The purchaser has been advised at the outset of his or her relationship with the hearing instrument apprentice, fitter, or dispenser that any examination(s) or representation(s) made by a licensed hearing instrument apprentice, fitter, or dispenser in connection with the fitting and selling of this hearing instrument(s) is not an examination, diagnosis, or prescription by a person licensed to practice medicine in this state and, therefore, must not be regarded as medical opinion or advice.

COLORADO
The buyer has been advised at the outset of the buyer’s relationship with the dispenser that any examination or representation made by a dispenser in connection with the practice of dispensing, fitting, or dealing in hearing aids is not an examination, diagnosis, or prescription by a person licensed to practice medicine in this state and, therefore, must not be regarded as medical opinion or advice.

DISTRICT OF COLUMBIA
This hearing aid will not restore normal hearing nor will it prevent further hearing loss. A return visit to a physician who is an ear specialist or audiologist after the purchase of this aid will help you in best adapting to it.

FLORIDA
A hearing aid will not restore normal hearing, nor will it prevent further hearing loss.

HAWAII
The purchaser has been advised at the outset of the purchaser’s relationship with the hearing aid dealer and fitter that any examination or representation made by a hearing aid dealer and fitter in connection with the fitting and selling of this hearing aid is not an examination, diagnosis, or prescription by a person licensed to practice medicine in this State and shall not be considered as medical opinion or advice.

IOWA
The purchaser has been advised that any examination or representation made by a licensed hearing aid specialist in connection with the fitting or selection and selling of this hearing aid is not an examination, diagnosis, or prescription by a person licensed to practice medicine in this state and therefore, must not be regarded as medical opinion or advice.

KENTUCKY
The purchaser has been advised at the outset of his or her relationship with the specialist in hearing instruments that any examination(s) or representation(s) is not an examination, diagnosis, or prescription by a person licensed to practice medicine in this state and therefore shall not be regarded as medical opinion or advice.

MASSACHUSETTS
This hearing aid will not restore normal hearing nor will it prevent further hearing loss. The sale of a hearing aid is restricted to those individuals who have obtained a medical evaluation from a licensed physician or otolaryngologist. A fully informed adult whose religious or personal beliefs preclude consultation with a physician may waive the requirement of a medical evaluation. The exercise of such a waiver is not in your best health interest and its use is strongly discouraged. It is also required that a person under the age of eighteen years obtain an evaluation by an audiologist in addition to the medical evaluation before a hearing aid can be sold to such person.

NEBRASKA
The purchaser has been advised at the outset of his or her relationship with the hearing instrument specialist that any examination or representation made by a licensed hearing instrument specialist in connection with the fitting and selling of this hearing instrument is not an examination, diagnosis, or prescription by a person licensed to practice medicine in this state and therefore must not be regarded as medical opinion or advice.

NEW HAMPSHIRE
This hearing aid will not restore normal hearing nor will it prevent further hearing loss.

NEW MEXICO
Buyer has been advised that licensee is not a licensed physician and that the examination and recommendation is made as a hearing aid dispenser or audiologist and not as a medical diagnosis or prescription.

NEW YORK
The buyer has been advised at the outset of his or her relationship with a FitHearing audiologist that any examination or representation made by a hearing aid dispenser in connection with the business of dispensing this hearing aid, or hearing aids, is not an examination, diagnosis, or prescription by a person licensed to practice medicine in New York, and therefore, must not be regarded as medical opinion.

NEW JERSEY
The purchaser has been advised at the outset of his or her relationship with the hearing aid dispenser that any examination or representation made by a licensed hearing aid dispenser in connection with the practice of fitting and selling of this hearing aid, or hearing aids, is not an examination, diagnosis, or prescription by a person licensed to practice medicine in this State, or by certified audiologists and therefore must not be regarded as medical opinion.

NORTH DAKOTA
Any examination or representation made by a licensed hearing aid specialist in connection with the fitting and selling of this hearing instrument is not an examination, diagnosis, or prescription by a person licensed to practice medicine in this state and therefore, must not be regarded as medical opinion or advice.

OHIO
The purchaser is advised that any examination, fitting, recommendation, or representation made by a licensed hearing aid dealer or fitter in connection with the sale of this hearing aid is not an examination, diagnosis, or prescription made by a person licensed to practice medicine in this state and therefore must not be regarded as medical opinion or advice.

OKLAHOMA
Any examination or representation made by a licensed hearing aid dealer and fitter in connection with the fitting and selling of this hearing aid is not an examination, diagnosis, or prescription by a person licensed to practice medicine in this state and therefore must not be regarded as medical opinion or advice. Further, it is recommended that medical advice from a licensed physician should be obtained.

OREGON
It is desirable that a person seeking help with a hearing problem (especially for the first time) consult an ear doctor and obtain a clinical hearing evaluation. Although hearing aids are often recommended for hearing problems, another form of treatment may be necessary.

PENNSYLVANIA
The purchaser has been advised at the outset of his or her relationship with the hearing aid dealer that any examination or representation made by a registered hearing aid dealer and fitter in connection with the practice of fitting and selling of this hearing aid, is not an examination, diagnosis or prescription by a person licensed to practice medicine in this Commonwealth and therefore must not be regarded as medical opinion.

RHODE ISLAND
The purchaser has been advised at the outset of his/her relationship with the hearing aid dealer that any examination(s) or representation(s) made by a licensed hearing aid dealer and fitter in connection with the fitting and selling of this hearing aid(s) is not an examination, diagnosis, or prescription by a person licensed to practice medicine in this state and therefore must not be regarded as medical opinion or advice.

TEXAS
The client has been advised that any examination or representation made by a licensed hearing instrument dispenser or apprentice permit holder or temporary training permit holder in connection with the fitting and selling of the hearing instrument(s) is not an examination, diagnosis or prescription by a person duly licensed and qualified as a physician or surgeon authorized to practice medicine in the State of Texas and, therefore, must not be regarded as medical opinion or advice.

WYOMING
The purchaser has been advised that any examination or representations made by a licensed hearing aid specialist in connection with either the fitting or selling of this hearing aid is not an examination, diagnosis or prescription by a person licensed to practice medicine in this state and shall not be regarded as medical opinion.

NOTICE REGARDING RETURNS AND ADJUSTMENTS

If you are a resident of ALASKA, CALIFORNIA, COLORADO, CONNECTICUT, GEORGIA, IDAHO, Kentucky, MAINE, MARYLAND, MINNESOTA, NEVADA, New Hampshire, New York, Ohio, OKLAHOMA, Pennsylvania, Rhode Island, TEXAS, VERMONT, VIRGINIA, or WEST VIRGINIA, YOU MUST READ AND ACKNOWLEDGE THE TEXT FROM YOUR STATE BELOW REGARDING RETURNS AND ADJUSTMENTS. PLEASE NOTE OUR STANDARD RETURN PERIOD OF 60 DAYS IS LONGER THAN WHAT MOST STATES REQUIRE.

ALASKA
You may cancel this transaction within 30 days from the date you receive the hearing aid or this notice, whichever is later. You may also cancel this transaction within 60 days from the date you receive the hearing aid or this notice, whichever is later, if the hearing aid dealer is not a licensed physician or a licensed audiologist and if a licensed physician or a licensed audiologist advises you in writing to cancel this transaction.

If you cancel this transaction, the property you traded in, the payments you made under the sale or lease (less certain costs allowed by state law) and any negotiable instrument executed by you will be returned within 20 days following receipt by the hearing aid dealer of your cancellation notice, and the hearing aid dealer will cancel any security interest arising out of the sale or lease.

CALIFORNIA
Purchase may contact FitHearing at (877)830-2392 for the address and the office hours available for FitHearing audiologists for fitting or post-fitting adjustments and servicing of the hearing aids.

This hearing aid is warranted to be specifically fit for the particular needs of you, the buyer. If the hearing aid is not initially fit for your particular needs, it may be returned to the seller within 45 days of the initial date of delivery to you. If you return the hearing aid, the seller will either adjust or replace the hearing aid or promptly refund the total amount paid. This warranty does not affect the protections and remedies you have under other laws.

COLORADO
The buyer has been advised at the outset of the buyer’s relationship with the dispenser that any examination or representation made by a dispenser in connection with the practice of dispensing, fitting, or dealing in hearing aids is not an examination, diagnosis, or prescription by a person licensed to practice medicine in this state and, therefore, must not be regarded as medical opinion or advice.

THE BUYER HAS THE RIGHT TO CANCEL THIS PURCHASE FOR ANY REASON AT ANY TIME PRIOR TO 12 MIDNIGHT ON THE 100th CALENDAR DAY AFTER RECEIPT OF THE HEARING AID BY GIVING OR MAILING THE DISPENSER WRITTEN NOTICE OF CANCELLATION AND BY RETURNING THE HEARING AID, UNLESS THE HEARING AID HAS BEEN SIGNIFICANTLY DAMAGED BEYOND REPAIR WHILE THE HEARING AID WAS IN THE BUYER’S CONTROL.

The dispenser will promptly refund all moneys paid for the purchase of a hearing aid if it is not delivered to the consumer within the 30-day period. The sale is void and unenforceable if the hearing aid being purchased is not delivered to the consumer within 30 days after the date the written contract is signed or the receipt is issued, whichever occurs later.

CONNECTICUT
THE BUYER HAS THE RIGHT TO CANCEL THIS PURCHASE OR RENTAL FOR ANY REASON AT ANY TIME PRIOR TO MIDNIGHT OF THE THIRTIETH CALENDAR DAY AFTER RECEIPT OF THE HEARING AID. A CANCELLATION FEE OF TWELVE PER CENT OF THE PURCHASE PRICE MAY BE IMPOSED.
ANY BUYER WHO ORDERS A HEARING AID AND LEAVES A DEPOSIT OF ONE HUNDRED DOLLARS OR MORE WITH THE SELLER SHALL BE ENTITLED TO CANCEL SUCH ORDER AND DEMAND A FULL REFUND OF SUCH DEPOSIT, LESS ANY EXAMINATION COSTS, IF THE BUYER IS UNABLE TO INSPECT THE HEARING AID AT THE SELLER’S PLACE OF BUSINESS WITHIN FORTY-FIVE DAYS AFTER THE DATE THE SELLER RECEIVES THE DEPOSIT.

If buyer returns the hearing aid in the same condition as when purchased, ordinary wear and tear excepted, within thirty days of the date of receipt of such hearing aid by such purchaser, such buyer shall be entitled to free adjustment of such hearing aid or the return of the full purchase price of the hearing aid and accessories as itemized on the bill of sale.

GEORGIA
I READ, UNDERSTAND AND HAVE SIGNED OR INITIALED A COPY OF THE REFUND AND RETURN POLICY. THE POLICY STATES IF, AND UP UNTIL WHAT DATE, I CAN RETURN THE HEARING AID FOR A FULL REFUND, A PARTIAL REFUND OF WHAT PERCENTAGE, OR A FULL OR PARTIAL CREDIT. THE POLICY ALSO IDENTIFIES WHAT FEES, IF ANY, FOR SERVICES WILL BE REFUNDED OR CREDITED WHEN THE HEARING AID IS RETURNED FOR REFUND OR CREDIT.

IDAHO
This bill of sale is null and void and unenforceable if the hearing aid being purchased is not delivered to the buyer within thirty (30) days of the date the written contract is signed. In the event the hearing aid is not delivered to the consumer within thirty (30) days of the date the written contract is signed, the licensee shall promptly refund any and all moneys paid for the purchase of the hearing aid.

KENTUCKY
CLIENT’S RIGHT TO CANCEL WITHIN 30 DAYS

THE CLIENT HAS THE RIGHT TO CANCEL THIS PURCHASE FOR ANY REASON AT ANY TIME PRIOR TO MIDNIGHT OF THE 30TH CALENDAR DAY AFTER ACTUAL RECEIPT OF THE HEARING INSTRUMENT(S). YOU MAY CANCEL THE PURCHASE BY NOTIFYING THE SELLER THAT YOU DO NOT WANT THE HEARING INSTRUMENT(S) BY MAILING A NOTICE BEFORE THE DAY LISTED ON THE LAST PAGE OF THIS BILL OF SALE TITLED NOTICE OF RETURN TO THE SELLER AT: 2225 Bandywood Drive,, NASHVILLE, TN 37221 UPON CANCELLATION, THE SELLER MAY KEEP UP TO 10% OF THE SELLING PRICE.

MAINE
A 30-day trial period begins on the delivery date. Within the 30-day trial period, the dealer licensee shall contact the purchaser and provide any service, fitting or repair that may be necessary for the beneficial and comfortable use of the hearing aid(s).

MARYLAND
You may cancel this purchase for any reason, at any time within 30 days after the date of delivery of the hearing aid. To cover the costs of dispensing the hearing aid, the seller may withhold from the refund 10 percent of the purchase price or the seller’s actual costs up to 20 percent of the purchase price.
If you decide to cancel this contract:

  1. You must provide notice of the cancellation in writing, within 30 days of the date of delivery of the hearing aid, to (the seller) at address of seller; and
  2. You must make the hearing aid available to the seller, in substantially as good condition as when you received it.

MINNESOTA
MINNESOTA STATE LAW GIVES THE BUYER THE RIGHT TO CANCEL THIS PURCHASE FOR ANY REASON AT ANY TIME PRIOR TO MIDNIGHT OF THE 45TH CALENDAR DAY AFTER RECEIPT OF THE HEARING AID(S). THIS CANCELLATION MUST BE IN WRITING AND MUST BE GIVEN OR MAILED TO THE AUDIOLOGIST OR CERTIFIED DISPENSER. IF THE BUYER DECIDES TO RETURN THE HEARING AID(S) WITHIN THIS 45-CALENDAR-DAY PERIOD, THE BUYER WILL RECEIVE A REFUND OF THE TOTAL PURCHASE PRICE OF THE AID(S) FROM WHICH THE AUDIOLOGIST OR CERTIFIED DISPENSER MAY RETAIN AS A CANCELLATION FEE NO MORE THAN $250.

NEVADA
Buyers may contact FitHearing for follow-up appointment to take place no later than 21 days after hearing aid is delivered. CALL (877) 830-2392

NEW HAMPSHIRE
You have the right to cancel this purchase or rental for any reason within 30 days after receiving the hearing aid.

NEW YORK
IN ADDITION TO OTHER RIGHTS, THE BUYER HAS THE RIGHT TO CANCEL THIS PURCHASE FOR ANY REASON AT ANY TIME PRIOR TO TWELVE MIDNIGHT OF THE 45TH CALENDAR DAYS AFTER RECEIPT OF THE HEARING AID AND RETURN THE HEARING AID IN THE SAME CONDITION, ORDINARY WEAR AND TEAR EXCLUDED. FITHEARING WILL PAY FOR YOUR RETURN SHIPMENT. BY LAW, THE SELLER IS ALLOWED TO RETAIN AN AMOUNT UP TO TEN PERCENT OF THE TOTAL PURCHASE PRICE OF THE CANCELLED HEARING AID, INCLUDING BATTERIES AND CORDS OR ACCESSORIES THERETO, INCLUSIVE OF ALL FEES RELATED TO THE HEARING AID.

Purchase may contact FitHearing at (877) 830-2392 for the address and the office hours available for FitHearing audiologists for fitting or post-fitting adjustments and servicing of the hearing aids.

OHIO
Right To Return The Hearing Aid Within Thirty Days And Receive A Refund Under Ohio law (section 1345.30 of the Revised Code): A consumer has the right to return a hearing aid for any reason within thirty days after it is originally delivered to the consumer or a person acting on the consumer’s behalf and receive a refund of the consideration paid for the hearing aid less an amount specified by the hearing aid dealer or fitter, physician, or audiologist to cover expenses incurred in connection with the hearing aid not later than fifteen days after presenting proof of payment for the hearing aid and returning it in the condition in which it was received, except for normal wear and tear. In this case the amount deducted from the refund will be $ 0.

OKLAHOMA
OKLAHOMA STATE LAW GIVES THE PURCHASER THE RIGHT TO CANCEL THIS PURCHASE FOR ANY REASON BY RETURNING THE HEARING AID TO THE HEARING AID PROVIDER AT ANY TIME PRIOR TO MIDNIGHT OF THE THIRTIETH CALENDAR DAY AFTER RECEIPT OF THE HEARING AID. BY LAW, THE HEARING AID PROVIDER MAY BE ENTITLED TO A CANCELLATION FEE NOT TO EXCEED TEN PERCENT (10%) OF THE TOTAL PURCHASE PRICE FOR THE HEARING AID OR ONE HUNDRED FIFTY DOLLARS ($150.00) PER HEARING AID, WHICHEVER IS LESS, TO COVER THE COSTS INCURRED BY THE HEARING AID PROVIDER. IF THE PURCHASER RETURNS THE HEARING AID WITHIN THE THIRTY-DAY PERIOD, THE PURCHASER WILL RECEIVE A REFUND OF THE FULL PURCHASE PRICE

IF THE HEARING AID PROVIDER FAILS TO COMPLY WITH THIS PROVISION, COMPLAINTS SHOULD BE FORWARDED TO:

OKLAHOMA STATE DEPARTMENT OF HEALTH
OCCUPATIONAL LICENSING DIVISION
1000 N.E. 10TH STREET
OKLAHOMA CITY, OKLAHOMA 73117

DURING THE THIRTY-DAY PERIOD, IF THE HEARING AID IS RETURNED FOR REPAIRS OR ADJUSTMENTS THE THIRTY-DAY PERIOD SHALL BE TOLLED UNTIL RETURN OF THE AID(S) TO THE PURCHASER.

PENNSYLVANIA
If a hearing aid is returned within 30 days of date of delivery in the same condition, ordinary wear and tear excluded, you are entitled to a refund of the portion of the purchase price of the hearing aid and accessories as itemized on the receipt and above, less the cancellation fee stated above. If a cancellation fee is imposed the nonrefundable amount for each aid and accessories cannot exceed 10% of the purchase price of the hearing aid and accessories or $150.00 per aid and accessories, whichever is less. If you cancel your order prior to delivery, you are entitled to full refund of the purchase price of the aid and accessories, and a full refund for services not yet rendered.

RHODE ISLAND
The purchaser has a thirty (30) day trial period during which time she/he may return the instrument, in the original condition less normal wear, with no further financial obligation. This product is protected by Chapter 45 of Title 6 entitled «Enforcement of Assistive Technology Warranties» which shall be made available by the dispenser, upon request.

TEXAS
FitHearing recommends a follow-up appointment within thirty (30) days after the hearing instrument fitting. CALL (877) 830-2392

VERMONT
Notice of 45 day trial period. You have 45 days from the day that you receive your hearing aid to try it out and decide whether you wish to keep it. The 45 day period does not include any days that the hearing aid is in the possession of the dispenser, manufacturer, repairer or their agents. If, in your opinion, during the 45 day trial period you feel that the hearing aid is not satisfactory for you, you have a right to return the hearing aid and receive a refund of the full product price. However, if you have damaged the hearing aid, your refund will be reduced by the reasonable cost of damage. In order to return the hearing aid and receive a refund, contact FITHEARING at (877) 830-2392, 2225 Bandywood Drive,, Nashville, TN 37215 not later than 45 days after delivery of the hearing aid.

VIRGINIA
Within 30 days of the date of delivery, any buyer of a hearing aid shall be entitled to return the hearing aid for any reason, provided such aid is returned in satisfactory condition. Such purchaser shall be entitled to a replacement or a refund of all charges paid, less a reasonable charge for medical, audiological, and hearing aid evaluation services provided by the hearing aid specialist.

WEST VIRGINIA
You have the right to return the hearing aid to the dealer from whom it was purchased at any time within thirty (30) days after receipt of the aid and rescind the purchase agreement except for reasonable fitting and examination charges ($125.00 maximum fitting charge), if the aid does not function properly or cannot be adjusted to correct the deficiency in your hearing or is otherwise unsatisfactory. The aid so returned must be without damage.

NOTICE OF STATE BOARDS AND REGULATORS

ALASKA
Buyer may file a written complaint about a hearing aid or a hearing aid dealer with the Alaska Department of Commerce, Community, and Economic Development at:
P.O. Box 110800
Juneau, AK 99811-0800

COLORADO
Dispensers who are licensed, certified, or registered by the department of regulatory agencies are regulated by the Division of Professions and Occupations in the Department of Regulatory Agencies. Any complaints can be filed against the licensee by contacting the Office of Hearing Aid Provider Licensure. The Office of Hearing Aid Provider Licensure is below:

Colorado Office of Audiology and Hearing Aid Provider Licensure within the Division of Professions and Occupations
1560 Broadway, Suite 1350
Denver, CO 80202
(303)894-7800
https://www.colorado.gov/pacific/dora/Hearing_Aid_Provider

DISTRICT OF COLUMBIA
Complaints with respect to this purchase may be submitted to the Office of Consumer Protection of the District of Columbia at:
Office of the Attorney General
Office of Consumer Protection
441 4th Street, NW
Washington, DC 20001

FLORIDA
Any complaint concerning the hearing aid and guarantee therefor, if not reconciled with the licensee from whom the hearing aid was purchased should be directed by the purchaser to the:
Florida Department of Health
Department of Health Consumer Services Unit
Bald Cypress Way Bin C-75
Tallahassee, FL 32399-3260
(850)488-0796.

IDAHO
If you have general questions or questions regarding procedures for filing complaints against anyone license to dispense hearing aids, you may contact:
Idaho Bureau of Occupational Licenses
PO Box 83720, Boise, Idaho 83720-0063
Phone — (208) 334-3233
https://ibol.idaho.gov/IBOL/BoardPage.aspx?Bureau=shs

KENTUCKY
ANY COMPLAINTS CONCERNING THE SALE OR SERVICE OF THIS HEARING INSTRUMENT WHICH ARE NOT CORRECTED BY THE SPECIALIST IN HEARING INSTRUMENTS SHOULD BE DIRECTED TO:
KENTUCKY LICENSING BOARD FOR SPECIALISTS IN HEARING INSTRUMENTS, COMMONWEALTH OF KENTUCKY, FRANKFORT, KENTUCKY 4060.

LOUISIANA
Louisiana State Board of Hearing Aid Dealers
308 Gregory Dr.
Luling, LA 70070
(504)655-0383

MAINE
If you wish to file a complaint regarding this purchase, contact:
Complaint Coordinator, Office of Professional and Occupational Regulation
35 State House Station, Augusta, ME 04333
Telephone: (207) 624-8660
Website: www.maine.gov/professionallicensing

MONTANA
If you have any questions regarding your consumer rights with respect to hearing aids and related devices, contact the state Board of Hearing Aid Dispensers at:
301 South Park, 4th Floor
PO BOX 200513
Helena, Montana 59620-0513
(406)841-2202

NEW HAMPSHIRE
Complaints which arise with respect to this transaction may be submitted in writing to the following:
New Hampshire Consumer Protection and Antitrust Bureau,
Division of Public Protection, New Hampshire Department of Justice
33 Capitol Street
Concord, NH, 03301
(603)271-3658

NEW MEXICO
Speech-Language Pathology, Audiology and Hearing Aid Dispensing Practices Board
PO BOX 25101
Santa Fe, NM 87504
Telephone: (505)476-4622

OKLAHOMA
IF THE HEARING AID PROVIDER FAILS TO COMPLY WITH STATE REQUIREMENTS FOR RETURNS, COMPLAINTS SHOULD BE FORWARDED TO:
OKLAHOMA STATE DEPARTMENT OF HEALTH
OCCUPATIONAL LICENSING DIVISION
1000 N.E. 10TH STREET
OKLAHOMA CITY, OKLAHOMA 73117

OREGON
Complaints regarding the purchase of hearing aids may be made to:
Oregon Health Licensing Agency
1430 Tandem Avenue NE
Suite 180
Salem, OR 97301
(503) 373-2024
https://www.oregon.gov/OHA/PH/HLO/Pages/Contact-Us.aspx

PENNSYLVANIA
If your rights are violated, you may contact the State Bureau of Consumer Protection, the Pennsylvania Department of Health in Harrisburg, or your local district attorney.

TENNESSEE
A buyer may contact the below Council regarding complaints on any matter relating to the fitting and dispensing of hearing instruments: Tennessee Council for Hearing Instruments Specialists
665 Mainstream Drive, 2nd Floor
Nashville, TN 37243
(615) 741-5735 local or 1-800-778-4123 nationwide

TEXAS
If you have a complaint against a licensed hearing instrument dispenser or apprentice permit holder or temporary training permit holder, you may contact:
Texas Department of Licensing and Regulation
P.O. Box 12157
Austin, Texas 78711
Telephone (512) 463-6599, Toll-Free (in Texas): (800) 803-9202
www.tdlr.texas.gov

NOTICE OF RETURN

NOTICE OF RETURN
To return your purchase, please call (877) 830-2392 and we will instruct you how to deliver the hearing aids back to FitHearing.

NO REFUND WILL BE GIVEN UNTIL THE HEARING AID OR HEARING AIDS ARE RETURNED TO FITHEARING.

The hearing aid must be returned to FitHearing in as good a condition as when received, less normal wear and tear.

Need assistance?

OPEN M-F | 8-5 CST

0