CardioCare Service Terms and Conditions:
A. Exclusions from Coverage: Service Provided by CardioQuip under the CardioCare Basic, CardioCare Plus, CardioCare Premium, or On-Demand Service Agreements shall not include the following:
Repair of damage or increase in service time caused (in CardioQuip’s sole judgment) by Customer’s failure to provide a suitable installation environment for the equipment, including, but not limited to, an adequate power system.
Repair of damage or increase in service time caused (in CardioQuip’s sole judgment) by use of equipment for other than the ordinary purpose for which the equipment is designed an in accordance with the “Indications For Use.”
Repair of damage or increase in service time caused (in CardioQuip’s sole judgment) by accidental damage or Acts of God, including, but not limited to fire, flood, water, wind, lightning or transportation.
Repair of damage or increase in service time caused (in CardioQuip’s sole judgment) by neglect, misuse or abuse of the equipment by Customer or any alteration made to the product by Customer without the prior written consent of CardioQuip.
B. Trained Employees: Trained personnel directly employed and supervised by CardioQuip will perform all services required by the terms of this agreement. CardioQuip agrees that each of its employees will be properly qualified and will use reasonable care in the performance of their duties.
C. Working Hours: For purposes of this Agreement, CardioQuip’s normal working hours shall be 8:30 AM to 5:00 PM, Monday through Friday, excluding CardioQuip holidays. When Customer specifically requests that service be provided outside of CardioQuip’s normal weekday business hours or on a Saturday, Service Labor will be charged at one and one-half (1 1⁄2) times normal rates (service subject to availability). When such service is performed on a Sunday or on a CardioQuip holiday, Service Labor will be charged at two (2) times normal rates (service subject to availability).
D. Termination of Agreement: This Agreement will be automatically renewed at the end of each agreement year at the then current annual rates as determined by CardioQuip, unless canceled by either party by written notice received at least thirty (30) days prior to the effective date of the termination. Upon cancellation, the pro-rata portion of any advance payments will be refunded. Any taxes now or hereafter imposed upon the furnishing of the service and/or materials furnished under this Agreement, or on amounts received under this Agreement, shall be paid by Customer. Customer represents that it is the owner of the machines/systems under this Agreement, or if not the owner, has the authority from the owner to include such machines/systems under this Agreement.
E. Use of Non-CardioQuip Parts/Supplies: CardioQuip does extensive research to develop parts/supplies that perform optimally with CardioQuip equipment. CardioQuip parts/supplies are recommended for use in CardioQuip equipment. In the event that non-CardioQuip parts/supplies are used in CardioQuip equipment, and such non-Cardioquip supplies result in a malfunction or damage to the equipment (in CardioQuip’s sole judgment), charges for parts and labor to return the equipment to operating condition shall be borne by Customer.
F. Warranty: CardioQuip warrants that the services provided pursuant to this Agreement shall be performed in a reasonable and workmanlike manner and shall be free from defects in material and workmanship for a period of 30 days for labor and 90 days for parts after acceptance of the work. THIS WARRANTY IS IN LIEU OF ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING THE WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. CARDIOQUIP NEITHER ASSUMES NOR AUTHORIZES THE ASSUMPTION FOR CARDIOQUIP OF ANY OBLIGATION NOT SPECIFICALLY SET FORTH HEREIN.
G. Exclusive Remedy/Limitation of Liability:
CardioQuip’s total liability to Customer and Customer’s exclusive remedy for damages, regardless of injury, property damage or schedule delay shall be limited to the twelve (12) months’ service charges for the specific equipment that caused the damages or that is the subject matter or related to the claim or cause of action.
IN NO EVENT SHALL CARDIOQUIP BE LIABLE TO CUSTOMER FOR ANY CONSEQUENTIAL, INCIDENTAL OR SPECIAL DAMAGES, REGARDLESS OF THE THEORY OF LAW ON WHICH THE CLAIM IS BASED.
OPT-OUT: By opting out of CardioQuip Service, customer acknowledges the risks and liabilities therein, and assumes sole responsibility for the safety and maintenance of all CardioQuip units in their facility.
H. Miscellaneous: This Agreement is subject to acceptance by CardioQuip at Bryan, Texas. The terms of this Agreement can only be modified or amended by the written mutual agreement of the parties.
This Agreement shall be governed by the laws of the State of Texas, without resort to its conflict of law rules.
A waiver of any breach of a provision of this Agreement must be by written instrument, specifically referring to the existence of a breach by the other party. A waiver of any breach of a provision of this Agreement by a party shall not constitute a waiver of any other rights that a party may have.
This Agreement constitutes the entire Agreement between the parties and supersedes any previous Agreement or understanding whether oral or written. Any additional or conflicting terms contained in a purchase order or other document submitted by Customer are void and of no effect.
CardioQuip is not responsible for any failure to render services due pursuant to this Agreement caused by factors or circumstances beyond CardioQuip’s control.
Any controversy or claim arising out of or relating to this Agreement or the breach, termination, or validity thereof, shall be settled by arbitration by a sole arbitrator. The selection of the arbitrator and the arbitration procedure shall be in accordance with the current Commercial Rules of the American Arbitration Association. The arbitration will occur in Bryan, Texas. The decision and award of the arbitrator shall be final and binding, and the award rendered may be entered in any Court having jurisdiction thereof.