HomeMy Public PortalAbout141-2019 - Fire - Stryker Corporation - Purchase of 2 Lifepack defibrillatorAGREEMENT
THIS AGREEMENT made and entered into this 9day of s 2019, and
referred to as Contract No. 141-1019, by and between the City of chmond, Indiana., a
municipal corporation acting by and through its Board of Public works and Safety (hereinafter
referred to as the "City") and Stryker Corporation, 2525 Airview Boulevard, Kalamazoo,
Michigan, 49002 (hereinafter referred to as the "Contractor").
SECTION I. STATEMENT AND SUBJECT OF WORK
City hereby retains Contractor to furnish and provide as sole source contractor two (2) Lifepak
15 AED - monitorsldefibrillators with batteries, carrying cases, and accessories (hereinafter'
"Equipment"), which purchase shall include the purchase of two (2) year on --site Procare Prevent
Coverage for the annual preventative maintenance and inspections of the Equipment for the Fire
Department of the City of Richmond (the Project) as further described in Contractor's quote.
Contractor shall provide temporary equipment "on loan" as necessary. Contractor's quote, dated
June 26, 2019, consisting of three (3) pages, is attached hereto and marked as Exhibit A.
.
.Contractor agrees to abide by the same.
Contractor shall not modify or alter any standard warranty from the manufacturer of the above
described Equipment. Nothing contained herein shall prevent Contractor from providing any
additional or supplemental warranty in addition to that -provided by the Manufacturer. Further,
Contractor shall. provide City with copies of its warranty upon receiving a written or - verbal
request to receive such warranty.
Should any provisions, terms, or conditions contained in any of the documents attached hereto as
Exhibits, or in any of the documents incorporated by reference herein, conflict with any of the
provisions, terms, or conditions of this Agreement, this Agreement shall be controlling.
Contractor shall f-urn.ish all labor, material, equipment, and services necessary for the proper
completion of all work specified.
No performance of services shall commence until the following has been met:
.1. The City is in receipt of any required certificates of insurance;
2. The City is in receipt of any required affidavit signed by Contractor in
accordance with Indiana Code 22--5--1.7--11(a)(2); and
3. A purchase order has been issued by the Purchasing Department,
SECTION II. STATUS OF CONTRACTOR
Contractor shall be deemed to be an independent contractor and is not an employee or agent of
the City of Richmond. The Contractor shall provide, at its own expense, competent supervision
of the work.
Contract No.141-2019
Page I of 6
SECTION III. COMPENSATION
City shall pay Contractor a totalamount not to exceed Seventy Thousand One Hundred Nineteen
Dollars and Eighty-eight Cents ($70,119.88)'for complete and satisfactory performance of this
Agreement.
SECTION IV. TERM OF AGREEMENT
This Agreement shall become effective when signed by all parties and shall continue in effect
until satisfactory delivery and acceptance of the Equipmeni'and for a fizrther two (2) years due to
the two (2) year on -site Procare Prevent Coverage for the annual preventative maintenance and
inspections of said Equipment.
Notwithstanding the term of this Agreement, City may terminate this Agreement in whole or in
part, for cause, at any time by giving at least five (5) working days written notice specifying the
effective date and the reasons for termination which shall include but not be limited to the
following:
a. failure, for any reason of the Contractor to fulfill in a timely manner
its obligations under this Agreement;
b: submission of a report, other work product, or advice, whether oral or written, by the
Contractor to the City that is incorrect, incomplete, or does not meet reasonable
professional standards in any material respect;
c. ineffective or improper use of funds provided under this Agreement;
d. suspension or termination of the grant funding to the City under which this Agreement
is made; or
e. unavailability of sufficient funds to make payment on this Agreement.
In the event of such termination, the City shall be required to make payment for all work
performed prior to the date this Agreement is terminated, but shall be relieved of any other
responsibility herein.
This Agreement may also be terminated, in whole or in part, by mutual Agreement of the parties
by setting forth the reasons for such termination, the effective date, and in the case of partial
termination, the portion to be terminated.
SECTION V. INDEMNIFICATION AND INSURANCE
Contractor agrees to obtain insurance and to indemnify the City for any damage or injury to
person or property ,or any other claims which may arise from the Contractor's conduct or
performance of this Agreement, either intentionally or negligently;. provided, however, that
nothing contained in this Agreement shall be construed as rendering the Contractor liable for acts
of the City, its officers, agents, or employees. Contractor shall as a prerequisite to this
Page 2 of 6
Agreement, purchase and thereafter maintain such insurance as will protect it from the claims set
forth below -which may arise out of or result from the Contractor's operations under this
Agreement, whether such operations by the Contractor or by any sub -contractors or by anyone
directly or indirectly employed by any of them, or by anyone for whose acts the Contractor may
be held responsible.
Coverage Limits
A. Worker's Compensation & Statutory
Disability Requirements
B. Employer's Liability - $1001000
C. Comprehensive General Liability
Section 1. Bodily Injury $1,000,000 each occurrence
$2,000,000 aggregate
Section 2. Properly Damage $1,000,000 each occurrence
D . Comprehensive Auto Liability
Section L Bodily Injury $1,000,000 each person
$1,000,000 each occurrence
Section 2. Property Damage $1,000,000 each occurrence
E. Comprehensive Umbrella Liability $1,000,000 each occurrence
$2,000,000 each aggregate
SECTION VI. COMPLIANCE WITH WORKER'S COMPENSATION LAW
Contractor shall comply with all provisions of the Indiana worker's Compensation law, and
shall, before commencing work under this Agreement, provide the City a certificate of insurance,
or a certificate from the industrial board showing that the Contractor has complied with Indiana
Code Sections 22--3 -2-5, 22-3 -5-1 and 22--3 -5--2. If Contractor is an out of state employer and
. therefore subject to another state's worker's compensation law, Contractor may choose to
comply with all provisions of its home state's worker's compensation law and provide the City
proof of such compliance in lieu of complying with the provisions of the Indiana Worker's
Compensation Law.
SECTION VII. PROHIBITION AGAINST DISCRIMINATION
A. Pursuant to Indiana Code 22--9-1-10, Contractor, any sub --contractor, or any person acting
on behalf of Contractor or any sub --contractor shall not discriminate against any employee
or applicant for employment to be employed in the performance of this Agreement, with
respect to hire, tenure, terms, conditions or privileges of employment or any matter
directly or indirectly' related to employment, because of race, religion, color, sex,
disability, national origin, or ancestry.
Page 3 of 6
s
t 1
' r
B . Pursuant to Indiana Code 5-16--6--1, the Contractor agrees:
1. That in the hiring of employees for the performance of work under this
Agreement of any subcontract hereunder, Contractor, any subcontractor, or any
person acting on behalf of Contractor or any subcontractor, shall not discriminate
by reason of race, religion, color, sex, national origin or ancestry against any
citizen of the State of Indiana who is qualified and available to perform the work
to which the employment relates;
2. That Contractor, any sub --contractor, or any person action on behalf of Contractor
r or any sub --contractor shall in no manner discriminate against or intimidate any
employee hired for the performance of work under this Agreement on account of
race, religion, color, sex, national origin or ancestry;
3. That there may be deducted from the amount payable to Contractor by the City
under this Agreement, a penalty of five dollars ($5.00) for each person for each
calendar day during which such person was discriminated against or intimidated
in violation of the provisions of the Agreement; and
4. That this Agreement may be canceled or terminated by the City and all money
due or to become due hereunder may be forfeited, for a second or any subsequent
violation of the terms or conditions of this section of the Agreement.
C. Violation of the terms or conditions of this Agreement relating to discrimination or
intimidation shall be considered a material breach of this Agreement.
SECTION VIII. COMPLIANCE WITH INDIANA E-.VERIFY PROGRAM REQUIREMENTS
Pursuant to Indiana Code 22-5-1.7, Contractor is .required to enroll in and verify the work
eligibility status of all newly hired employees of the contractor through the Indiana E-Verify
program. Contractor is not required to verify the work eligibility status of all newly hired
employees of the contractor through the Indiana E-Verify program if the Indiana E-Verify
program no longer exists. Prior to the performance of this Agreement, Contractor shall provide
to the City its signed Affidavit affirming that Contractor does not knowingly employ an
unauthorized alien in accordance with IC 22-5-1.7-11 (a) (2). In the event Contractor violates IC
22-5-1.7 the Contractor shall be required to remedy the violation not later than thirty (30) days
after the City notifies the Contractor of the violation. If Contractor fails to remedy the violation
within'the thirty (30) day period provided above, the City shall consider the Contractor to be in
breach of this Agreement and this Agreement will be terminated. If the City determines that
terminating this Agreement would be detrimental to the public interest or public property, the
City may allow this Agreement to remain in effect until the City procures a new contractor. If
this Agreement is terminated under this section, then pursuant to IC 22-5-1.7-13 (c) the
Contractor will remain liable to the City for actual damages.
Page 4of6
SECTION Ix. IRAN INVESTMENT ACTIVITIES
.Pursuant to Indiana Code (IC) 5-22-16.5, Contractor certifies that Contractor is not engaged in
investment activities in Iran. In the event City determines during the course of this Agreement
that this certification is no longer valid, City shall notify Contractor in writing of said
determination and -shall give contractor ninety (90) days within which to respond to the written
notice. In the event Contractor fails to demonstrate to the City that the Contractor has ceased
investment activities in Iran within ninety (90) days after .the written notice is given to the
Contractor, the City may proceed with any remedies it may have pursuant to IC 5-22-16.5. In
the event the City determines during the course of this Agreement that this certification is no
longer valid and said determination is not refuted by Contractor in the manner set forth in IC 5-
22-16.5, the City reserves the right to consider the Contractor to be in breach of this Agreement
and terminate the agreement upon the expiration of the ninety (90) day period set forth above.
SECTION X. RELEASE OF LIABILITY
Contractor hereby agrees to release and hold harmless the City and all officers,. employees, or
agents of the same from all liability for negligence which may arise in the course of Contractor's
performance of its obligations pursuant to this Agreement.
SECTION XI. MISCELLANEOUS
This Agreement is personal to the parties hereto and neither party may assign or delegate any of
its rights or obligations hereunder without the prior written consent of the other party. Any such
delegation or assignment, without the prior written consent of the other party, shall be null and
void. This Agreement shall be controlled by and interpreted according to Indiana law and shall
be binding upon the parties, their successors and assigns. This document constitutes the entire
Agreement between the parties, although it may be altered or amended in whole or. in part at any
time by filing with the Agreement a written instrument setting forth such changes signed by both
parties. By executing this Agreement the parties agree that this document supersedes any
previous discussion, negotiation, -or conversation relating to the subject matter contained herein..
This Agreement may be simultaneously executed in several counterparts, each of which shall be-
an original and all of which shall constitute but one and the same instrument.
The parties hereto submit to jurisdiction of the courts of Indiana, and any suit arising out of this
Contract must be filed in said courts. The parties specifically agree that no arbitration or
mediation shall be required prior to the commencement of legal proceedings in said Courts. By
executing this Agreement, Contractor is estopped from bringing suit or any other action in any
alternative forum, venue, or in front of any other tribunal, court, or administrative body other
than the Circuit or Superior Courts of Indiana, regardless of any right Contractor may have to
bring such suit in front of other tribunals or in other venues.
Any person executing this Contract in a representative capacity hereby warrants that he/she has
been duly authorized by his or her principal to execute this Contract.
Page 5 of.6
In the event of any breach of this Agreement by Contractor, and in addition to any other damages
or remedies, Contractor shall be liable for all costs incurred .by City in its efforts to enforce this
Agreement, including but not limited to, City's reasonable attorney's fees.
In the event that an ambiguity, question of intent, or a need for interpretation of this Agreement
arises, this Agreement shall be construed as if drafted jointly by the parties, and no presumption
or burden of proof shall arise favoring or disfavoring any party by virtue of the authorship of any
of the provisions of this Agreement.
IN WITNESS WHEREOF, the parties have executed this Agreement at Richmond, Indiana, as of
the day and year first written above, although signatures may be affixed on different dates.
"CITY"
THE CITY OF RICHMOND,
INDIANA by and through its
Board of Public Works and Safety
"CONTRACTOR"
Stryker Corporation
2825 Airview Boulevard
Kalamazoo, MI 49002
By: /�8� By:
Vicki Robinson, President
Printed: � � �--► �
Emi Palmer, Member
,J+
APPROVED: i Title:
a ' .Snow
Date: Date:
Page 6 of 6
To
11140-000015
11140-000072
11160-000011
11160-000013
11160-000017
11160-000019
11171-000049
1 1 260-000039
11577-000002
.11996-000474
21330-001176
99577-001957
RICHMOND FD
Attn: Ben Simmons, Deputy Chief of EMS
101 S 5TH ST
RICHMOND,IN 47374
(765) 983-7260
bsimmons@dchmondindiana.gov
Quote Number: 00/82029
11811 Willows Road NE
P.O. Box 97006
Redmond, WA 98073-9706 U.S.A.
www.physio-control.com
tel 800.442.1142
Sales Order fax 800.732.0956
Service Plan fax 800.772.3340
Quote Number
00182029
Revision #
1
Created Date
6/2812019
Sales Consultant
Amanda O'Grady
amanda.o2rady@stUker.com
FOB
Redmond, WA
Terms
All quotes subject to credit approval and the
following terms and conditions
NET Terms
NET 30
Expiration Date 912612019
AC power cord
LP 15 AC Power Adapter (power cord not included)
NIBP Cuff -Reusable, Infant
NIBP Cuff -Reusable, Child
NIBP Cuff -Reusable, Large Adult
NIBP Cuff -Reusable, Adult X Large
Rainbow DC1 Adt Reusable Sensor, 11box
k LIFEPAK 15 Carry case back pouch
LIFEPAK 15 Basic carry case wlright & left pouches;
shoulder strap (11577-000001) included at no additional
charge when case ordered with a LIFEPAK 15 device
4G Modem: Verizon Cellular non-Kore (customer data
plan)
LP 15 Lithium -ion Battery 5.7 amp hrs
LIFEPAK 15 V4
Monitor/Defib, Adaptive Biphasic, Manual & AED, Color
LCD, 100mm Printer, Noninvasive Pacing, Metronome,
Trending, Sp02, NIBP, 12-Lead ECG, EtCO2, Carbon
Monoxide, Bluetooth
INCLUDED AT NO CHARGE: 2 PAIR QUIK-COMBO
ELECTRODES PER UNIT-11996-000091, TEST LOAD
- 21330-001365, IN-SERVICE ❑VD 21330-001486,
SERVICE MANUAL CD- 26500-003612 (one per order)
and SHIP KIT (RC Cable) 41577-000288 INCLUDED.
HARD PADDLES, BATTERIES AND CARRYING CASE
NOT INCLUDED.
LIFEPAK15 Service - 2 YEAR. On -site ProCare Prevent
EXHIBIT
2.00 83.00
2.00 11720.00
2.00 22.00
2.00 25.00
2.00 34.00
2.00 49.00
2.00 640.00
2.00 84.00
2.00 327.00
2.00 1,205.00
4.00 479.00
2.00 35,660.00
-10.79
-258.00
-2.86
-3.25
-4.42
-6.37
-83.20
-10.92
-42.51
216.90
-62.27
-41635.80
72.21
11462.00
19.14
21.75
29.58
42.63
556.80
73.08
284.49
988.10
416.73
31,024.20
144.42
2,924.00
38.28
43.50
59.16
85.26
1,113.60
146.16
568.98
1,976.20
1,666.92
62,048.40
LP15-PCPVOS 2-POS-UP
Trade-in product
Coverage. Up Front Payment. Includes: -Services
performed at customer's location by a Stryker Technical
Specialist -Parts and labor necessary to restore device to
original specifications -Annual Preventive Maintenance
and inspections including quality assurance
documentation -Discounts on accessories, disposables,
and-UPgrades -Updates to the latest software version
-Preconfigured loaner device provided if needed -Battery
Replacement Service
Trade in of LIFEPAK 12 Biphasie - 2 Feature towards the
2.00
_
i
3,600.00
-540.00
3,060.00
j 6,120.00
purchase of Lifepak 15 2.00 0.00 0.001 -31500.00-71000.00
Subtotal USD 69,934.88
Estimated Tax USD 0.00
Estimated Shipping & Handling USD 185.00
Current Sales Tax Rates will be applied at the time of Invoice and tax rate is based on the Ship To location
Grand Total
List Price Total
Total Contract Discounts Amount
Total Discount
Trade In Value
Tax + S&H
EXH I u T A PAGE 9- OF ,
Quote Number: 00182029
USD 70,119.88
Pricing Summary Totals
USD 88,814.00
USD-11080.00
USD-10,799.12
USD-7,000.00
USD 185.00
GRAND TOTAL FOR THIS QUOTE
USD 70,119.88
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Pi. ysio-Control f Inc. CPhysioj- arccpts' �b5ayetIs • -order a cpressly -condition eel on Bgygr`s .•assent to the terms set forth Jn Iiis
do cl mefit. Buyers order and acceptance of any portion of the goods, servfees' or-si�bscription�'s#isll confirm Buyer's acceptance of
-these .terms. Unless specified otherwise herein, these terms constitute tiie complete agreement berveen the parties. Amendments
.ta*i5. do etxment sh sIl be in writing and no prior or subsequent acceptance by Seller of any p LTch ers a order, acknovA edg m ent, or
atl�i: r cl oa.Rm en# from Buyers p ecifyi ng different an dlor ad ditional terms shall be efiraective un less signed byf both parties.
Pricing. Prices do not include freight insurance, freight fonerarding fees, taxes, duties, Import or report permit fees, or arrf oth>�r
similarchargeof any kind applicable to thegoods and semIces. Sales or use taxes on domestic (USA) deliveries veil be Invoiced In
addition to the price of the goads and services unless Physio receives a copy of a vaild exemption certificate prior to delivery.
D is counts m ay n of be combined with others peclal terms, discounts, an d'or p romoti ens.
Payment. Payment for goods and services -shall be s uix eat to approval of credit by Physio. Unless otherwis a sp eaf ed by Pl-ryslo in
writing, the entire payment of an Ir wol ce is due thirty (30) days after the Invoice date far deliveries in the USA, 'and sight draft or
acceptable (con (confirmed) Irrevocable letterof creditis requiredforsales outsldethe USA.
R InImum Ordarpuantity. Physlo re servestherigifto charge d.service feefor anyorder less than S20D.00.
Patent indemnity. Physio shall Indemnify Bayer and hold it harmless from and against all demands, claims, damages, losses, and
exp ens es, arising o ul of or resulting, from any action by a third party against Buyer that is based on any claim that the services
Infringe a United States patent; copyright, or trademark, or violate a trade secret or any other proprietary right of any person or
entity. an indemnification obligations h ereLmder vAl1 be s uti ect to 0) receiving prompt written notice of the existence: of any
claim; Cii) being able to, at its option, control the defense and settlement ofsuch claim (provided that, without obtaining the prior
written consent of Buyer, Physio will enter into no settlement involving the admission of wrongdoing); -and (iii) receiving full
--cooperation of Brayer I n the defens a of any claim.
Lfmitation of Interest. Through the phase of R)ysio products, services, orsubscriptibns, Buyer does not acgUre anyinterestin
any tooling, draAVigs, design information, computer programming, patents or copyrighted or confidential Information related to said
products or services, and Buyer expressly agrees not to reverse engineer or decompile such products or related software and
information.
Delays. PI-ryslo will not be Ilabbe for any loss or damage of any kind due to Its failure to perfbrm or delays In its performance
resulting from an everit beyond its reasonable control, including but not limited to, acts of God, labor disputes, the regtlrements of
any governmental authority, war, civil unrest terrorist acts, delays in manufacture, obtaining any required license or permit, and
Physio i nability to obtain goods from its usual s ources. _
Lim Ited Wanantyr. Physio warrants its p rod ucts and services in accordance with the terms of the limited warrant as 'located at
http:JAFAwr.Qhysio-control.comiDocumentsr'. The remedies provided Lnder such warranties shall be Buyers sole and exdAsive
remedies. Pt*sio makes no' other warranties, express or implied, including, without limitation, NO WARRANTY OF
MERCHANTABILrTY OR FITNESS FOR A PARTICULAR PURPOSE, AND IN NO EVENT SHALL PHYSIO BiE LIABLE FOR
INCIDENTAL, CONSEQUENTIAL, SPECIALOR OTHER DAMAGES.
Compliance with Confidentlality Lags. Both panties acknoae,/ledge their respective obligations to maintain the security and
confidentiality of individually identifiable health inFormntion and agree to comply with applicable federal and state health information
confidentiality lays.
Compliance with Law.The parties agree ter' -comply witli any 6d all laws, rules, regulations, licensing requirements or standards
that are now or hereafter promulgated by my local, state, and federal governmental autho rityfag erncy or accreditingtad m inistratiu e
bo dy th at governs o rap pli es to their respective duties and obligations hereunder -
Regulatory Requirement for Aeneas to Information. In the event 42 USC § 1395x(vX l)(1) is applicable, Physio shall make
air ail abl a tc) th e Secretary of th a Un ited Sta Les De.Lp artm ant of H ealth and H urn an Services, s, th e Co mptrolI er G en ere] of th e United
States General Accounting -Off" or any of tit ei r d Lay a uIho rized repres�entatty es, a copy of th es a tefins, such books, docum en is
and .reco rrls a$ are n ecess aryr to certifyvth a nature an d aextent of the costs of th e p inducts and s ery ices p rovi ded by Phys io.
No Debarment. Physio represents and warrants that it and its directors, officers, and employees 0) are not excluded, debarred, or
othen*Ase ineligible to participate in the Federal health care programs as defined In 42 USC § 1320a-7b(f); 01) have not been
convicted of a crim' Inal offense related to the provision of healthcare items or services; and aff) are not under investigation which
may resultin Physio being excluded from participation insurchprograms.
Choice of Law. The rights and obligations of Fhyslo and 5uyer related tv the purchase and sale of products acid 'services
described iri'fhis do cum ent..shall be governed by the laves oftha state where BLyer is located. AI costs and expenses incurred IV
the prevailing party related 'to enforcement of its rights under this document, including reasonable attorney's fees, shall be
reimbursed by the other party
Additional Tcirm' for Pu ethane and SaM of Prrodu cts.
In adr ition to th e G enersl'TermS abo,6,e, th efo llb-aing-teirm s apply -to all purchases of.p roductsfrom Physic:
ii3�[iivt ry. Unless..a'tize:nuisespecifdd 1� Ptlysio in ti■�ritng, delivery shall be fb8 Plryrsio point0 thipmant and title and risk of loss
shall �855 foci Bc �ar'at that point. "�i zAdl deliveries may be made and partial irrioices shall be permitted end shall become due in
.:mccord ante with the payment terms. in th'e:ubs ence of sh ipping instructions from Guyer, Physio vAll obtain transportation on Buyer's
beh f and far BLyer's aceaunt. ❑ elivy ery dates are approximate. Freight is pre -paid and added to Buyer's invoice Products are
-stihjectto availability,
r>+ rip ciiors and Returns. Within 30 days of receipt of a sliipment, Buyer shall notify Physic of ai�i�-.claim for product damage or
rionebpform ity_ Physlo, at its sole option and discretion, may repair or replace a product to bring it into conformity. Return of any
'p 'U'dt shall be governed by the Returned Product Policy located at htto:}err A,.t.vhysic-control.com/Docu-mentsi. Payment of
94YA'_invoice is not contingent on immediate correetionofnonconformitie:s.
N0'Rei.a1e. Buyer agrees that prodtacts purchased hereunder %-rill not be resold to third parties and will not be reshipped to any
pers.ons orplaces prohibited bythe laws ofthe United States ofAmerica.
J4da Fa ns �T rm s f �r P�i r t�aae in a ,sale of ei;�ic Bran .
ire additionto thesG.ehprailTdrizispl a Cr#hGfollor�• ingt ims applyto aif.Pl�yrsio 5+arvicdPinns.
serriic�e :Flail Pf iy$ i4 sty a] i proa7id o's er ices >scoa rdlrig to' tf? .e' aepplE0atal a Ser+.►ice Flan pLkrdhas mod. by z uyiir and des crl bed n#
ht a-1frn,ti�f.t�l-tv3(6-:control. coW5erviceProarams,esPx for th-e ieragth 8f thC6'4' u3scripton punch asedand toe' the'd ices sparil[ed as
'-covered- birth e,SoFv Ice Plan CCoveted EqulpmerW) -.
,=prifcit1g. • if the num ber o r. contig uration of Core Bred Eq LHprri e'nt -ch ring es- id r,w1hg the Service Plan subscription, pricing shall be pro-
rated' .accordingly: For Preventaeilve N'Wrntenance, inspection Lail'{; Co'mpreiherasive, and Repair,& Inspect Service Plains, Buyer is
.responsible to pay far pre:venkeMv a maintenance and inspections tI-tat have been p eib ram ed s irate the last anniversary of the
sa ,bscrlptionstartdagte an shall notbe pro -rated_
1DevIce Inspection e4.4ore Ar-ceptmee. All devices that are not covered under F-oyy� Limited 11+L*axra my or .a current Service
'Pian -'m Lmt be Insp ected and rep aired (if n ecess ary) to m eet sp eclfications at th en, -current I Is prices prior to being covered and er a
;[vice Plan.
Unavallability of Covered Equipament . If Covered Equipment is not made eivallade at •a scheduled service visit, Buyer is-
r+esponslbleto reschedulewlth the Physlo ServiceTechniclan, orshlp-In the Equipmentt+o a Physio service depot. Physla reserves
the right to ch erg e: Buyer n surcharge -rear a return visit. Such erg es wall be based on then -current Physio list price of desired
services, less 1 CFA for labor and 7 5'°A for parts, pl Ls appli cad a treav el costs. The retum v1s it s urch arg a will be to addition to the
subscription price of the Service Plan. To avoid the surcharge, Buyer may ship d ev ices to a Physio service depart. Buyer sh eat 1 be
responsible for round-trip freight fo r ship -in s er vi ce.
Unscheduled or Uncovered Services. If Bayer requests services to be perforrned� ri :CcxV6a ed Equipment which are not covered
by a Service San, or are outside of designated Services frequency or hours, Physlo-Cohtrril will charge Buyer 1br such -services at
10% off Physio-Contrvl's standard rates (including overtime., if appropriate) and applicable travel charges. Repair parts required for
-such repairswill be made availableat 15% offthethe:n-current list price.
.Loaners. If Covered EgWpment met be removed from service to complete repairs, Physio will provide Bir{er with a loaner device,
-if on a is wall able. Buyer assumes complete responsibility far the loaner and shall retum the loaner to Physlo In the s am a condition
4_g recelved, normalwear andtear exempted, uponthe e:arllerofthe. return ofthe:remove<d Covered EquipmentorF_3y4i_q',% request.
CanceIlatIon. Beer may cancel a Service Plan upon sixty (So) days' written notice to Physlo_ In the event of such cancellation,
Hiiyer shall be responsible 1br the portion ofthadesignated price Witch corresponds to the portion of1naSererice Plan subscripllon
prior to the effective date of termination and the list -prim cost of any preventative e maintenance, Inspections, or repairs rendered
'_.afteirthe last anniversary date of the subscriptionstartdate.
'No -So Iicilatio n. During th a Servi ceaa PI an s ubscription and 1br on a f'1 ] year lbi lowing its expi ration 13* r-. ag rees tb not to rrcti u ely
and Intentionailysofidt anyonewho is employed by Physloto pravideseruicessuch as those described in theService Plain.
Quote plumber: 00182029