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STRYKER MEDICAL SERVICE TERMS AND CONDITIONS The following terms and conditions shall apply throughout the term of this Service Contract (the "Agreement"), as more particularly set forth on the foregoing page 2 of this Agreement. 1 . SILVER - EXTENDED WARRANTY AGREEMENT Price includes all Parts, Labor & Travel , and 1 Preventative Maintenance check per year, and associated with unscheduled service calls, equipment checklists, JCAHO documentation. Replacement parts do not include mattresses, batteries, probes and other disposable or expendable parts. Replacement parts damaged by misuse or abuse are not covered under this Agreement. If EMS, one preventative maintenance call is included in an annual agreement. 2. INITIAL REPAIRS This Agreement shall be applicable only to such equipment as listed on page 2 of this Agreement (the "Equipment"), which has been determined by Stryker Medical's Service Representative to be in good operating condition upon his/her initial inspection thereof. If initial repairs are required to put "out of warranty" equipment in good operating condition, the cost of such initial repairs will be separately invoiced at Stryker Medical's then current hourly labor rate plus parts at Stryker Medical's then current list price. 3. ADVANCE NOTIFICATION Maintenance Service calls will be scheduled annually once a year at a mutually agreed upon time between CUSTOMER and Stryker Medical. Equipment not made available at the mutually agreed upon time will be serviced during the next scheduled service call or at another specified date. Any Maintenance Service calls which are not done as part of the once a year maintenance program will be at the expense of the CUSTOMER. Such arrangements will include travel and other special charges at Stryker Medical's then current rates. Any Maintenance Service call scheduled outside of Stryker Medical's normal working hours will carry an additional charge. 4. SERVICE CALL ACTIVITY On each scheduled service call , Stryker Medical's Service Representative will inspect and adjust each available item of Equipment as required in accordance with Stryker Medical's then current maintenance procedures for said Equipment. The maintenance services will be performed annually each year. Stryker may amend this Agreement if there are any discrepancies on the number of inspections, price, equipment, or location. 5. SERVICE INVOICING Invoices will be sent on the agreed upon payment method (monthly or annual) . All prices are exclusive of taxes. All taxes, when applicable, will appear as separate items on Stryker Medical's invoice. All invoices issued under this Agreement are to be paid within thirty (30) days of the date of the invoice. Failure to comply with Net 30 Day terms will constitute breach of contract and future service will only be made on a prepaid or COD basis, or until the previous obligation is satisfied, or both. Stryker Medical reserves the right, with no liability to Stryker Medical, to cancel any contract on the basis of payment default for any previous product or service provided by Stryker Medical or any of its affiliates. 6. PRICE CHANGES The Service prices specified herein are those in effect as of the date of acceptance of this Agreement. And will continue in effect throughout the duration of Agreement. Please be advised of the following Stryker Service pricing charged on a time and materials basis: EMS PRODUCTS = Labor @ $105 per hour, Travel @ $105 per hour (portal to portal) - Parts per quote plus shipping 7. OPERATION MAINTENANCE Stryker Medical service is ancillary to and not a complete substitute for the requirements of users to adhere to the routine maintenance instructions provided by Stryker Medical , its equipment and operations manuals, and accompanying labels and/or inserts for each item of Equipment. Appropriate user personnel should be entirely familiar with the instructions and contents of those manuals, labels and inserts and implement them accordingly. 8. SERVICE EXCLUSIONS Notwithstanding any other provision of the Agreement, this Service does not include repairs to mattresses, broken I .V. poles, or any other service made necessary by abuse, misuse, negligence, accident, catastrophe, act of God or any malfunction resulting from faulty maintenance, improper repair, damage and/or alteration by non-Stryker Medical personnel . 9. WARRANTY LIMITATIONS During the term of this Agreement, Stryker Medical will maintain the Equipment in good working condition during Stryker Medical's normal working hours. There are no express or implied warranties by Stryker Medical other than the warranties hereinabove described with respect to the Equipment. Stryker Medical makes no warranty of merchantability or fitness for a particular purpose with respect to the Equipment or parts thereof. Stryker Medical's liability on any claim whether in contract or otherwise, for any loss or damage arising out of, connected with or resulting from the repair of any product furnished hereunder shall in no event exceed the price paid for said repair which gives rise to the claim . In no event shall Stryker Medical be liable for incidental, consequential or special damages. Notwithstanding the foregoing, nothing herein shall be deemed to disclaim Stryker Medical's liability to third parties resulting from the sole negligence of Stryker Medical as determined by a court of law. 10. EQUIPMENT SCHEDULE CHANGES During the term of the Agreement and upon Stryker Medical's written consent, which will not be unreasonably withheld, additional equipment may be included in this Agreement. All additions are subject to the terms and conditions contained herein. Stryker Medical shall adjust the charges and modify the Agreement to reflect the additions. 11 . ACCEPTANCE-LENGTH OF AGREEMENT To receive the desired service, on the terms described herein, please indicate CUSTOMER's acceptance by signing this Agreement where indicated on page 2 hereof and returning to Stryker Medical all copies of the Agreement within thirty (30) days of the DATE OFFERED date indicated on page 2 of this Agreement. This Agreement can be canceled by either party by giving at least thirty (30) days prior written notice of any such cancellation to the other party. If this Agreement is canceled during or before the expiration date of the Agreement set forth on page 2 hereof, CUSTOMER will be charged for the months covered during contract period and for all parts, labor, and travel need to maintain the Equipment during the Agreement period with no early cancellation penalties.