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Home My WebLink About2012-071 Y - i , a 15* kl . 71 Stryker Str ker Com lete� Service Agreement - 5 Year stryker Y P g 3800 E. entre Ave. QUOTE NUMBER : Portage, M149002 Date 2/ 29/201215 : 12 This Stryker Service Proaram Includes : Account # 1109857 ' All Parts Excluding Mattresses Account Name Indian River County Fire Dist EMS ' All Labor and Travel Address 1800 27th Street, Bldg B ' Factory Authorized Service Technician City, State , ZIP Vero Beach , FL 32960 ' Stryker Factory Parts ` 2 Hour Call Response Contact Title/Dept . Rep Name : Mike Buck Phone # Fax # E -mail Thank you for your interest in the Stryker Complete "' Service Agreement . World -class customer service and technical support programs help keep every product in top condition throughout its life span . Stryker offers a variety of service options that will maximize your product's life and availability . Please review the proposal and pricing information below. A SERVICE CONTRACT HELPS TOO • Ensure equipment reliability • Establish Joint Commission documentation • Address risk management • Stabilize maintenance budgets • Increase product life and safety • Diminish equipment downtime • Enhance trade-in value YEAR 1 YEAR 2 YEAR 3 YEAR 4 YEAR 5 oty Model # Program Ext. $ Ext. $ Ext. $ Ext. $ Ext. $ 11 6500 Complete $ 9, 702. 00 $ 9, 702 . 00 $ 91702.00 $ 91702 .00 $ - 11 6500 Labor $ $ $ $ $ 71194 . 00 1 6083 Complete $ 373 . 00 $ $ $ $ 1 6082 Complete $ 373 . 00 $ $ $ $ 1 6083 Labor $ $ 181 .00 $ 181 .00 ' $ 181 . 00 $ 181 . 00 1 6082 Labor $ $ 181 .00 ` $ 181 .00 $ 181 .00 $ 181 . 00 ` P/ L/T No PM 's due to age Pricing valid with full payment at contract inception Annual Investment for Program : $ 10, 448. 00 $ 10 , 064. 00 $ 10 , 064. 00 $ 10 ,064 . 00 $ 71556. 00 Discount 30% 300 30% 30% 30% Total Yearly Investment Year 1 $ 7,313. 60 Year 2 $ 7 ,044 .80 ear 3 $ 7,044 .80 Year 4 $ 7,044 .80 Year 5 $ 5 , 289. 20 TOTAL 5 YEAR COMPLETE SERVICE AGREEMENT $ 330737.20 Stryker Service agrees to service the equipment listed on this Agreement. This Agreement shall be effective 2/25/2012 through 2/24/2017 n4- 1 7 . 1 Contract Administrator CustometO nature Date Accepted ,1 MY „ Nhh Irl Feb 29 2012SS10NF�s ,,,.-. Date Offered Purchase Order Number (MUST INCLUDE HARD COPY) • . 'Please fax signed Propose! and Purchase Order to Tom Tackabury at 28803214501 �j;• ot aV % � • O �R �. � �•��ANRNEa�' STRYKER MEDICAL SERVICE TERMS AND CONDITIONS — COMPLETE MAINTENANCE CONTRACT Stryker Medical, a division of Stryker Corporation, will provide services listed below under the following terms and conditions of this Service Contract (the " Agreement" ) to the customer detailed below ( " Customer" ) . Services will be conducted on the equipment identified ( " Equipment") at the location described ( " Equipment Site" ) . STRYKER COMPLETE `" The Stryker Complete Agreement pricing includes parts, labor and travel associated with service calls . Replacement parts do not include mattress covers damaged by abuse, batteries, probes and other disposable or expendable parts . INITIAL REPAIRS This Agreement shall be applicable only to such Equipment as listed on this Agreement which has been determined by Stryker Medical's Service Representative to be in good operating condition upon his/her initial inspection thereof. If, upon inspection , initial repairs are required to put any Equipment back into good operating condition , the cost of such initial repairs will not be covered under this Agreement, and will be separately invoiced at Stryker Medical 's then current hourly labor rate plus parts at Stryker Medical 's then current list price. PAST USEFUL LIFE Each Stryker Medical product comes with a user manual which details the Equipment's useful life. Equipment older than useful life as defined in the user manual will be repaired as requested, HOWEVER, EQUIPMENT PAST ITS USEFUL LIFE IS NOT COVERED BY ANY WARRANTY, EXPRESS OR IMPLIED . Therefore, Customer acknowledges that use of the Equipment is at its own risk . ADVANCE NOTIFICATION Maintenance inspection service calls will be scheduled annually 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 call scheduled outside of Stryker Medical' s normal working hours will carry an additional charge. 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 . SERVICE INVOICING 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 when 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 . PRICE CHANGES The Service prices specified on Exhibit A herein are those in effect as of the date of acceptance of this Agreement, and will continue in effect throughout the duration of Agreement . 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 . SERVICE EXCLUSIONS Notwithstanding any other provision of the Agreement, this Service does not include ( I ) repairs to mattress covers; ( ii ) any other service made necessary by abuse, misuse, negligence, accident, catastrophe, act of God ( iii ) services necessary caused by malfunction resulting from faulty maintenance, improper repair, damage or alteration by non-Stryker Medical Representative; ( iv ) service necessary due to the failure of the Customer or anyone under its control to comply with written instructions or recommendations; (v ) service necessary due to improper storage, handling, use or maintenance of the Equipment by anyone other than Stryker Medical; (vi) services or parts to equipment other than to the Equipment listed hereunder; (vii) service Stryker cannot perform because the Equipment has been discontinued or its parts have been discontinued or made obsolete; and (viii ) service to the Equipment if the Equipment or the Equipment Site is contaminated with blood or other potentially infectious substances . If, at any time, upon inspection of the Equipment in service, Stryker Medical deems any single unit of Equipment to be unserviceable, a record and report of such will be made, and provided to the Customer in writing on the date of service. COVERAGE Unless otherwise set forth in the Exhibits , Stryker Medical will provide Customer the Services Mondays through Fridays, 8 :00 AM to 5 :00 PM Customer local time, excluding Stryker observed holidays ( "Service Coverage" ). Unless otherwise set forth in the Exhibits, travel necessary to perform the Services during the Service Coverage hours is included . Subject to the availability of personnel and repair parts, Stryker Medical will provide, at Customer request and additional expense, service relating to certain excluded items ( invoiced at Stryker Medical' s then current standard rates for material and labor) or service outside the Service Coverage hours ( invoiced at Stryker Medical's applicable rates for out-of- hours service of this type in effect for service contract customers with this Equipment, including round trip travel time) and Customer will be charged a minimum of two hours on-site time plus applicable travel charges per such service visit. Other travel expenses and overnight living expenses will be charged at actual cost in accordance with Stryker Medical's standards for business expense reimbursement of its employees . CUSTOMER RESPONSIBLITIES During the Term , Customer will ( i ) assure that the Equipment Site is maintained in a clean and sanitary condition and that the Equipment is cleaned and decontaminated after contact with blood or other potentially infectious material; ( ii ) operate the Equipment in accordance with the published operating instructions and user manual ; and ( iii ) provide Stryker Medical service personnel full and free access to the Equipment at the scheduled service time. WARRANTY LIMITATIONS There are no express or implied warranties by Stryker Medical other than the warranties that accompany 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 . 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 . 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 and returning to Stryker Medical all copies of the Agreement within thirty ( 30 ) days of the date indicated on 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 by the Customer or by Stryker Medical for cause, the 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 . PERFORMANCE EXCLUSIONS Service and articles delivered by Stryker Medical hereunder shall be subject to and conditional upon floods, strikes, other labor disturbances ( regardless of the reasonableness of the demands of labor), riots, fires, accidents , wars ( present and future), embargoes, delays of carriers, inability to obtain raw materials, failures of normal sources of supply, restraints of government or any other cause (whether similar or dissimilar to the foregoing) beyond Stryker Medical 's reasonable control . SEVERABILITY OF PROVISIONS The invalidity, in whole or in part, of any of the foregoing paragraphs , where determined to be illegal , invalid, or unenforceable by a court or authority of competent jurisdiction, will not affect or impair the enforceability of the remainder of the Agreement. CONFIDENTIALITY This Agreement is confidential . It is not intended for use by anyone other than the representatives of Stryker and its Customer. NOTICE Notices required must be made in writing and will be deemed given only if delivered and proof of delivery received to : Stryker Medical Customer Customer Care Indian River County 3800 E . Centre Ave . 1800 2 7th St B l dcr B Portage, MI 49002 Vera RpacH FT . '129511_ GOVERNING LAW This Agreement shall be construed and interpreted in accordance with the laws of the State of Michigan . Acknowledged and agreed to this day of 120 Accepted by: Stryker Medical: Customer. �S $10NF By : IGLU � .e�--`' � VO�,, „ , RS rT • ` Printed Name: L d � ' K` � /r� Printed Name: Gary C . Wheelers* 4, Title: Title: Chairman 4� •' / �1 `•N0000 AN P, INA APPROVED Attest : J* K , Barton , Clerk alit r "I t I a erk C unty A ministrator APPROVED AS TO ruORM ANG LEGAL. SUFFIC) tjCY WILLIAM K . QE8RAAL DEPUTY COUhITYArl-Os NFy SERIAL NUMBER SHEET Model Serial Number 6500 090141087 6500 090141088 6500 090141089 6500 090141090 6500 090141091 6500 090141092 6500 090141093 6500 090141094 6500 090141095 6500 090141096 6500 090141097 6083 050939419 6082 050439866