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HomeMy WebLinkAbout2000-110 Agrmt - MedtronicTECHNICAL SERVICE SUPPORT AGREEMENT Contract Number: PHYSIO-CONTROL End User # 00189603 ASHLAND FIRE DEPARTMENT 455 SISKIYOU BOULEVARD ASHLAND, OR 97520 Bill To # 00189602 ASHLAND FIRE DEPARTMENT CYO ASHLAND-CITY HALL 20 EAST MAIN STREET ASHLAND, OR 97520 This T~hnical Service Support Agreement I~gins on 8/1199 and expires on 7/31/01. The designated Cover~. Equipment and/or Software is listed on Sche&~e A. This Technical Service Support Ageement is subjcctto thc Tcrms and Conditions onthe tcverse side ofthis document andany Schcdule B, if attached. ff any Data Management Support and Upgradc Service is included on Schedule A then this Technical Service Suppo~ Agreement is also subject to MedU~nic Physio-Conttol Cotp.'s Data Management Supix}it anti Upgrade Service Terms and Conditions, rgv 7/99-1. Price of coverage sp~'ifieNJ on Schedule A is $1,608.01 !~r term, payable in Annual installments. So~'ia~ Tmns FLfieen percent discount on accessories. Eight percent discount on detibtillation and pacing electrodes. ~ MEDTRONIC PHYSIO-CONTROL CORP. Date: Purchase Order Number: Terntory Pep: JON COLE Phone: FAX: 800-442-1142 X2844 800-772-3340 Phone: 541482-2770 FAX: ~-'r_-/~ - t/),~, _ YJ, IJ' MEDTRONIC PHYSIO-CONTROL CORR SERVICE ORDER TERMS AND CONDITIONS TERMS Medtmnic Physio-Control's ("Physio") acceptance of Customer's Service Order is expressly conditioned on Customer's assent to the terms set forth in this document and its aitachments. Physio agrees to furnish the services ordered by Customer only on these terms, and Customer's acceptance of any portion of the goods and ser- vices covered by this document shall confirm their acceptance by Customer. These terms constitute the complete agreement between the padins and they shall gov- ern any conflicting or ambiguous terms on Customer's purchase order or on other documents submitted to Physio by Customer, These terms may not be revised in any manner without the prior written consent of an officer of Physio. REPAIR SERVICES If "Repair" services are designated, subject to the Exclusions identified below, they shall include, for the designated Covered Equipment, all repair parts and materials required, all required Physio service technician labor, and all related travel expanses. For offsite (ship-in) services, units will be returned to Customer by Physio freight prepaid, INSPECTION SERVICES If "Inspection" services are designated, subject to the Exclusions identified below, they shall include, for the designated Covered Equipment, verification of proper instrument calibration, verification that instrument mechanical operations and output measurements are consistent with applicable product specifications, performance of an electrical safety check in accordance with National Fire and Protection Guidelines, all required Physio service technician labor and all related travel expenses. For offsite (ship-in) services, units will be returned to Customer by Physio freight prepaid. DOCUMENTATION Following each Repair and/or Inspection, Physio will provide Customer with a written report of actions taken or recommended and identification of any materials replaced or recommended for replacement. LOANERS If a Physio product is designated as a unit of Covered Equipment for Repair Services and needs to be removed from service to complete repairs, an appropriate Loaner unit will be provided, if available, until the removed unit is returned. Customer assumes complete responsibility for the Loaner and shall return the Loaner to Physio in the same condition as received, at Customer's expense, upon the eadier of the return of the removed unit or Physio's request. EXCLUSIONS This Service Order does not include: supply or repair of accessories or disposables (e.g., patient cables, recorder paper, etc.); repair of damage caused by misuse, abuse, abnormal operating conditions, oparator errors, and/or acts of God; repairs to return an instrument to normal operating equipment at the time of initial service by Physio under this Service Order; case changes; repair or replacement of items not edginally distributed or installed by Physio; and exclusions on Schedule B to this Service Order, if any, which apply to Covered Equipment. SCHEDULE SERVICES Designated Repair and Inspections Services will be performed at the designated service frequency and during designated service hours. Customer is to ensure Covered Equipment is available for Repair and/or Inspection at scheduled times. If Covered Equipment is not available as scheduled and Customer requests additional services to be performed or if Physio is requested to parform Repair or inspection services not designated in this Service Order (due to the nature of services selected, instruments involved not being Covered Equipment, request being outside of designated service frequency or hours, or application of the Exclusions); Customer shall reimburse Physio at Physio's standard labor rates less 10% (including overtime, if appropriate), plus standard list prices for re{ated parts and materials less 15%, plus actual travel costs incurred. PAYMENT The cost of services performed by Physio shall be payable by Customer within thirty (30) days of Customer's receipt of Physio's Invoice (or such other terms as Physio confirms to Customer in writing). In addition to the cost of services performgd, Customer shall pay or reimburse Physio for any taxes assessed Physio. If the number or configuration of Covered Equipment is altered during the Term of this Service Order, the price of Services shall be adjusted accordingly. WARRANTY Physio warrants Services parformed under this Service Order and replacement parts provided in performing such Services against defects in matedal and workman- ship for ninety (90) days from the date a Service was performed or a part was provided. Customer's sole remedy shall be reservicing the affected unit and/or replace- ment of any part determined to be defective, without any additional Customer charge, provided Customer notifies Physio of any allegeally defective condition within ten (10) calendar days of its discovery by Customer. Physio makes no other warranties, express or implied, including, without limitation, NO WARRANTY OF MER- CHANTABILITY OF FITNESS FOR A PARTICULAR PURPOSE, AND IN NO EVENT SHALL PHYS~O BE LIABLE FOR INCIDENTAL, CONSEQUENTIAL, SPECIAL, OR OTHER DAMAGES. TERMINATION Either party may terminate this Service Order at any time upon sixty (60) days prior written notice to the other, except that Physio may terminate this Service Order immediately upon Customer's failure to make timely payments for services rendered under this Service Order. In the event of termination, Customer shall be obligated to reimburse Physio for that portion of the designated price which corresponds to that portion of the Term and the scope of Services provided prior to the effective date of termination. Rev 7199-1 MEDTRONIC PHYSIO-CONTROL CORP. PRODUCT SUPPORT PLAN SCHEDULE B L!i,'!~PAK~) 12 DI~F-IBR1LLATOPJMONITOR · Bat~ry Support System included when listed on ~luipmcnt inventory (Schedule A). · Battc:y Sul~x~rt System 2 included when ~ on equipment inwnto:y (S~hedule A). · AC Pow~ .Adapt~r included when listed on equipment inv~nto:y (Schc~le A). · DCPow~Adapterindudcdwh~nlistcdon~quipm~ntinvc~m}:y(Sc~cduleA). · De~bflllator paddle rq}airs are included (excludes intorind, sterilir~hle and pediailic p~tldl~s). · Commnnicalions and Patient cables are excluded, · PCMCIA Moderns are excluded. · Therapywbksareexclud~ · SpO2 Sensors are excluded. · CaseChan~saree:ccluda~ · Disc~unt~f~7%fn~mthe~e~dinsta~ed~istpricef~ranycurremand/~rfumreavai~ab~L~F~P~®~2~ · Discount of 17% from list price for any Medmmic Physio-Conffo|~ Data l~hn~ganent product is included. Medlronic Physio-.Control Fastpak~, Faslpak 2, Lifepnk SLA and Life~ak NiCd Battery · Customer retnin~ tim responsibility tO t~'form th~ bltt~y msintennnCe and evaluation procedures outlined in the ~pera~~m~m~a~andt~rep~aceb~t~erie~th~td~m~p~sthec~ndi~s~u~inedunder"D~card~ Recyclillg Bat~erie~." Batteries f~iling to Dleet batte/y perforl~ailce tests should be removed from service and properly · ff custom provides evidence that a Medtroni¢ Physio-Control Battery Pak fails to meet the perforrrmnce tests noted ab~v~aad/~at~yPaka~eexc~eds2ye~rs~Med~z~nicPhy~-C~mr~s~m~q~ce~id~v~d~r~nic Physio-Comzol Battery Psk (like for like) i.e. FASTPAK for FASTPAK, FASTPAK2 for FASTPAK2, LIH~PAK SLA for LWEFAK SLA, or LwEPAK NiCd for LwF_~'AK NiCd, up m a maximum ca~ 4 Medlronic Physio-Control Battexy Paks every two years (including prior Support Plan periods) per LW'EFAK® 12 defibrillator/monitor (listed on Schedule A). T~n~iqinpt~per~ecy~in~and~-m~v~f~Wcapa~ity~at~e~ies~epL-n~ed-~BaUe~yPaksbec~~f Merittonic Physio-ConU~! and must be returned at the time of exchange. · ff combined P,~ and Inspection services are dOsi_en~ted on the Technical Service Support Agreement inventmy f~~Life1mk~2units~atthecust~mer~srequest~aMedtr~nicPhysi~"C~nu~~Teehnica~SexvicesRepresentativewi~~ install ~ 12 software updates at no additional charge Ftu.Aded it is installed at the time of a regularly inspection. Iniidiii~ndutingthe~.~au~fthisagreement~whereannssei~ysuchasaptintedcircuitb~ardmust~ replacedin~r~rminsta~tl~new~tare~the~assemb~ie~maybe~rcl~edbythect~t~merata75%disc~mt off the cm~nt li~t pric~ of ~ new assembly. Sofiv~xet~!at~requesl~ltobein~alledatatimeothgrthanthe regul~ly $che~kd inspeclion will be bil!~l al $205 per unjt l~r sofhv~r~ update. The oosl of the sofiwarg update will be on a sepante invoice. · IrRepair-Only ~rvic~ are dgsignated on the S~vice Ordor inven~y for Lif~pak 12 units, at the customer' s request a M~lmmic Phy~jo*Control Technical ~ Repre~-~live will ~ ~ Lifi~pak 12 software updat~ at a discounted !~ic~ of $205 l~r ~mit per software update. In ~ldition dining the term of this agreement, wl~rg an assembly such as a printedcircuitb~ardmustbemp~acedin~rdert~instal~thenews~ware~th~eassembliesmaybe~~ c~tom~rataSO%discountofftl~currentlistpric~ofan~vass,nnbly. Tl~co~tofthe$offwareupdatgwillbebfll~l Schedule B Page 1 VENDOR: 001082 MEDTRONIC P 0 BOX 951471 DALLAS TX 75395 CITY OF ASHLAND 20 E. MAIN ST. ASHLAND, OR §7520 SHIP TO: Date PO Number 07,/10, O0 0i205 Ashland Fire Depar:menL (541) 482-2770 455 SISKIYOU BLVD ASHLAND. OR 97520 FOB Point: Terms: Net 30 days Req. Del. Date: Special Inst: Req. No.: Dept.: FIRE & RESCUE Contact: David Hard Confirming? N Quantity Unit Des~rtptlen Unit Price Technical Service SUDDOr~ Agreement Ext, hice 1,608 01 SUBTOTAL 1.608.01 BILLTO:~CCOUnt Payable TAX .00 20 EAST MAIN ST FREIGHT .00 541-552-2010 TOTAL 1,608.01 ASHLAND. OR 97520 E 110.07.13.00.604160 1,608.01 , ~Pu~chasing Represent"re/ ' ~ VENDOR COPY