Loading...
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 a w P w � - *e �� F T�n�ri� f�Fa><#_Pc�du c�ia. r�riGea ar�� Su�aacrio�iati s: . 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