All Contract Terms and Conditions stated below are adopted and incorporated by reference into any agreement for services provided or arranged by Central Healthcare Services for benefit any crewmember(s) currently or previously in service of any vessel owner(s), charterer(s), subcharterer(s), manager(s), operator(s) or vessel(s).
Charges for all medical and other services rendered by medical or other providers are due and payable upon presentation of invoices and billing statements at the amount and rates indicated thereon. Any amounts unpaid after 30 days from presentation of invoices or billing statements shall accrue interest at the rate of 1.5% per month. In the event Central Healthcare Services engages legal counsel for the purpose of commencing legal action for collection any unpaid invoices or billing statements, or any portion thereof, Central Healthcare Service shall be entitled to an award of its reasonable attorneys, costs and expenses of litigation in connection with same.
With the exception of any in rem action, the parties stipulate that the exclusive venue for any legal action arising out of or relating to these Contract Terms and Conditions or the collection of any unpaid amounts for medical and other services rendered shall be the United States District Court for the Eastern District of Louisiana.
All rates and fees for medical and other services provided are based on the hospital, clinic or provider’s charge master. Rates and fees by physicians are based on the physician’s stated rates. Rate and fee schedules under Medicare, Medicaid, Maintenance and Cure, workers’ compensation statutes and regulations, or other contracts between healthcare insurance carriers and medical providers are deemed inapplicable.
Unless otherwise expressly acknowledged by us, Central Healthcare Services, as assignee, operates pursuant valid and binding assignments of all claims, liens, payment and collection rights under the invoices and billing statements provided. Accordingly, all payments shall be tendered directly to and made payable to “Central Healthcare Services.”
If any provision, part or term of these Contract Terms and Conditions is held to be void or unenforceable by a court of competent jurisdiction, then such provision, part or term shall be deemed stricken, and all remaining provisions shall continue to be valid and binding upon the parties, who agree that these Contract Terms and Conditions shall be reformed to replace such stricken provision, part or term thereof, with a valid and enforceable provision that comes as close as possible to expressing the intention of the stricken provision.
The Contract Terms and Conditions stated above contain the entire agreement and understanding between the parties and exclusive statement of the terms of the parties’ agreement. All prior agreements, written or oral, between the parties are merged herein. No other agreement between the parties shall be valid unless reduced to writing and signed by the parties.