Loading...
HomeMy WebLinkAboutExhibit 1TECHNICAL SERVICE SUPPORT AGREEMENT Contract Number: End User # 02759001 CITY OF MIAMI FIRE RESCUE 1151 NW 7TH ST MIAMI, FL 33136 AliedironiC Bill To # 02759001 CITY OF MIAMI FIRE RESCUE 1151NW7THST MIAMI, FL 33136 This Technical Service Support Agreement begins on 10/1/2005 and expires on 9/30/2008. The designated Covered Equipment and/or Software is listed on Schedule A. This Technical Service Agreement is subject to the Terms and Conditions on the reverse side of this document and any Schedule B, if attached. If any Data Management Support and Upgrade Service is included on Schedule A then this Technical Service Support Agreement is also subject to Medtronic Emergency Response Systems, Inc.'s Data Management Support and Upgrade Service Terms and Conditions, rev 7/99-1. Price of coverage specified on Schedule A is $ 147,057.00 per term, payable in Annual installments. Special Terms 17% DISCOUNT ON LP12 UPGRADES 17% DISCOUNT ON DATA MANAGEMENT PRODUCTS Ac ONIC EMtGEN. Y RESPONSE SYS Medtronic Emergency Response Systems. Territory Rep: EASSRcpY.. Montero, Sandra Phone: 800-442-1142 x2081 FAX: 800-772-3340 When Lite Depends on Medical Technology MS Customer: Print: Tile: Date: Joe Arriola City Manager Purchase Order Number: Customer Contact: Chief Danny Maree Phone: 305-416-1600 FAX: 305-416-5444 Reference Number: S59-1290 Renewal Page 1 of 12 Printed: 7/14/2005 Rs R fritt- osoia0� MtU I KUNIt. 11GJrvi-' „ TECHNICAL SERVICE SUPPORT AGREEMENT TERMS AND CONDITIONS RENEWAL TERMS Medtronic Emergency Response Systems, Inc.'s.("Medtronic") acceptance of Customer's Technical Service Support Agreement is expressly conditioned on Customers assent to the terms set forth in this document and its attachments. Medtronic agrees to fumish the services ordered by Customer only on these terms, and Customer's acceptance of any portion of the goods and services covered by this document shall confirm their acceptance by Customer. These terms constitute the complete agreement between the parties and they shall govern any conflicting or ambiguous terms on Customer's purchase order or on other documents submitted to Medtronic by Customer. These terms may not be revised in any manner without the prior written consent of an officer of Medtronic. REPAIR SERVICES If "Repair' services are designated, subject to the Exclusions identified below, the cost thereof shall Include, for the designated Covered Equipment, all repair parts and materials required, ail required Medtronic service technician labor, and all related travel expenses. For offsite (ship -in) services, units will be returned to Customer by Medtronic freight prepaid. INSPECTION SERVICES if "Inspection" services are designated, subject to the Exctustons identified below, the cost thereof 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 Medtronic service technician labor and all related travel expenses. For offsite (ship -in) services, units will be retumed to Customer by Medtronic freight prepaid. DOCUMENTATION Following each Repair and/or Inspection, Medtronic 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 Medtronic 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 Medtronic in the same condition as received, at Customers expense, upon the earlier of the return of the removed unit or Medtronic's request. EXCLUSIONS This Technical Service Support Agreement 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, operator errors, and/or acts of God; repairs to return an instrument to normal operating equipment at the time of initial service by Medtronic under this Technical aService nd exclusions ongSch Schedule Base to this Technical Servicair or e Support Agreement, if anlacement of items not y, which pplyted or to Coveredled Equipment. t Medtronic; 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 al scheduled times. If Covered Equipment is not available as scheduled end Customer requests additional services to be performed or if Medtronic is requested to perform Repair or Inspection services not designated in this Technical Service Support Agreement (due to the nature of or application nses selected, le o d, instruments involved not being Covered Equipment, request being outside of designated service frequency ppl Exclusions); Customer shall reimburse Medtronic at Medtronic's standard Tabor rates less 10% (including overtime, If appropriate), plus standard list prices for related parts and materials less 15%, plus actual travel costs incurred. PAYMENT The cost of services performed by Medtronic shall be payable by Customer within thirty (30) days of Customer's receipt of Phys o- Control's Invoice (or such other terms as Medtronic confirms to Customer in writing). In addltion to the cost of services performed, Customer shall pay or reimburse Medtronic for any taxes assessed Medtronic. If the number or configuration of Covered Equipment is altered during the Term of this Technical Service Support Agreement, the price of Services shall be adjusted accordingly, WARRANTY Medtronic warrants Services performed under this Technical Service Support Agreement and replacement parts provided in performing such Services against defects in material and workmanship 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 replacement of any part determined to be defective, without any additional Customer charge, provided Customer notifies Medtronic of any allegedly defective condition within ten (10) calendar days of its discovery by Customer. Medtronic makes no other warranties, express or implied, including, Swithout limitation, NO WARRANTY OF MERCHANTABILITY OF FITNESS FOR A PARTICULAR PURPOSE, HALL MEDTRONIC BE LIABLE FOR INCIDENTAL, CONSEQUENTIAL, SPECIAL, OR OTHER DAMAGESAND IN NO EVENT When Life Depends on Medical Technology Reference Number: S59-1290 Renewal Printed:7/14/2005 Page 2 of 12 TERMINATION Either party may terminate this Technical Service Support Agreement at any time upon sixty (60) days prior written notice to the other, except that Medtronic may terminate this Technical Service Support Agreement immediately upon Customer's failure to make timely payments for services rendered under this Technical Service Support Agreement. In the event of termination, Customer shall be obligated to reimburse Medtronic 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. DELAYS Medtronic will not be liable for any loss or damage of any kind due to its failure to perform or delays In its performance resulting from any cause beyond its reasonable control, including, but not limited to, acts of God, labor disputes, labor shortages, the requirements of any governmental authority, war, civil unrest, delays in manufacture, obtaining any required license of permit, and Medtronic's inability to obtain goods from its usual sources. Any such delay shall not be considered a breach of Medtronic's obligations and the performance dates shall be extended for the length of such delay. MISCELLANEOUS a) Customer agrees to not employ or offer employment to anyone performing Services on Medtronic's behalf during the Term of this Technical Service Support Agreement or for one (1) year following its expiration without Medtronic's prior written consent. b) This Technical Service Support Agreement, and any related obligation of other party, may not be assigned in whole or in part without the prior written consent of the other party. c) The rights and obligations of Medtronic and Customer under this Technical Service Support Agreement shall be govemed by the laws of the State of Florida. All costs and expenses incurred by Medtronic related to enforcement of Its rights under this document, including reasonable attorney's fees, shall be reimbursed by Customer. When Lite Depends on Medical Technology Reference Number: S59-1290 Renewal Printed: 7/14/2005 Page 3 of 12 Contract Number: Servicing Rep: District: Phone: FAX: MEDTRONIC EMERGENCY RESPONSE SYSTEMS, INC. TECHNICAL SERVICE SUPPORT AGREEMENT SCHEDULE A Montero, Sandra, EASS59 SOUTHERN 800-442-1142 x2081 800-772-3340 Equipment Location: CITY OF MIAMI FIRE RESCUE, 02759001 1151 NW 7TH ST MIAMI, FL 33136 Scope Of Service On Site Repair and 1 On Site Inspection per Year:M-F/8-5 Ref. Effective Part Number Serial Number Line Dale 804200-14 004397 47 10/1/2005 804200-14 004364 48 10/1/2005 804200-14 004365 49 10/1/2005 804200-14 004387 50 10/1/2005 804200-49 3010015 51 10/1/2005 804200-14 004400 52 10/1/2005 804200-49 2645239 53 10/1/2005 804200-14 004388 54 10/1/2005 LIFEPAK® 11 DEFIBRILLATOR 806545-00 001129 57 10/1/2005 LIFEPAK® 11 DEFIBRILLATOR 806545-00 001 125 58 10/1/2005 LIFEPAK® 11 MONITOR 805300-00 000593 55 10/1/2005 LIFEPAK® 11 MONITOR 805300-00 000592 56 10/1/2005 LIFEPAK® 12 VLP12-02-001515 13139580 59 10/1/200S L1FEPAK® 12 VLPI2-02-003848 14197531 60 10/1/2005 LIFEPAK® 12 VLP12-02-003848 31015308 61 10/1/2005 LIFEPAK® 12 VLP12-02-003848 31015309 62 10/1/2005 LIFEPAK® 12 VLP12-02-003848 31015310 63 10/1/2005 LIFEPAK® 12 VLP12-02-003848 31015311 64 10/1/2005 LIFEPAK® 12 VLP12-02-003848 31015312 65 10/1/2005 LIFEPAK® 12 VLP12-02-001010 12433812 1 10/1/2005 LIFEPAK® 12 VLP12.02-001010 12433802 2 10/1/2005 LIFEPAK® 12 VLP12-02-001010 12433804 3 10/1/2005 LIFEPAK® 12 VLP12-02-001010 12433805 4 10/1/2005 LIFEPAK® 12 VLP12-02-001010 12433806 5 10/1/2005 LIFEPAK® 12 VLP12-02.001010 12433807 8 10/1/2005 LIFEPAK® 12 VLP12-02-001010 12433808 7 10/1/2005 LIFEPAK® 12 VLP12-02-001010 12433809 8 10/1/2005 LIFEPAK® 12 VLP12-02-001010 12433810 9 10/1/2005 LIFEPAK® 12 VLPI2-02-001010 12433811 10 10/1/2005 Model LIFEPAK® 10 LIFEPAK® 10 LIFEPAK® 10 LIFEPAK® 10 LIFEPAK® 10 LIFEPAK® 10 LIFEPAK® 10 LIFEPAK® 10 When Life Depends on Medical Technology Expiration Total Date Inspections 9/30/2008 3 9/30/2008 3 9/30/2008 3 9/30/2008 3 9/30/2008 3 9/30/2008 3 9/30/2008 3 9/30/2008 3 9/30/2008 3 9/30/2008 3 9/30/2008 3 9/30/2008 3 9/30/2008 3 9/30/2008 3 9/30/2008 3 9/30/2008 3 9/30/2008 3 9/30/2008 3 9/30/2008 3 9/30/2008 3 9/30/2008. 3 9/30/2008 3 9/30/2008 3 9/30/2008 3 9/30/2008 3 9/30/2008 3 9/30/2008 3 9/30/2008 3 9/30/2008 3 Reference Number: S59-1290 Renewal Printed: 7/14/2005 Page 4 of 12 LIFEPAK® 12 vUri.4-uc-uLIwuJ ,•...,...,•, - LIFEPAK® 12 VLP12-02-000303 11676803 22 10/1/2005 9/30/2008 3 LIFEPAK® 12 VLP12-02-000303 11676805 23 10/1/2005 9/30/2008 3 LIFEPAK® 12 VLP12-02-000303 11676806 24 10/1/2005 9/30/2008 3 LIFEPAK® 12 VLP12-02-000303 11676807 25 10/1/2005 9/30/2008 3 LIFEPAK® 12 VLP12-02-000303 11676808 26 10/1/2005 9/30/2008 3 LIFEPAK® 12 VLP12-02-000303 11676809 27 10/1/2005 9/30/2008 3 LIFEPAK4 12 VLPI2-02-000303 11676810 28 10/1/2005 9/30/2008 3 . LIFEPAK® 12 VLP12-02.000303 11676811 29 10/1/2005 9/30/2008 3 LIFEPAK® 12 VLP12-02-000303 11676812 30 10/1/2005 9/30/2008 3 LIFEPAK® 12 VLP12-02-000303 11676801 31 10/1/2005 9/30/2008 3 LIFEPAK® 12 VLP12-02-000303 11676814 32 10/1/2005 9/30/2008 3 LIFEPAK® 12 VLP12-02.000303 11676816 33 10/1/2005 9/30/2008 3 LIFEPAK® 12 VLP12-02-000303 11676813 34 10/1/2005 9/30/2008 3 Scope Of Service On Site Repair Only: M-F/8-5 Ref. Effective Expiration Total Model Part Number Serial Number Line Date Date Inspections BATTERY SUPPORT SYSTEM 2 VBSS2-42A00009 11675711 35 10/1/2005 9/30/2008 0 BATTERY SUPPORT SYSTEM 2 VBSS2-02-000009 11656457 36 10/1/2005 9/30/2008 0 BATTERY SUPPORT SYSTEM 2 VBSS2-02-000009 11656460 37 10/1/2005 9/30/2008 0 BATTERY SUPPORT SYSTEM 2 VBSS2-42-000049 11660266 38 10/1/2005 9/30/2008 0 BATTERY SUPPORT SYSTEM 2 VBSS2-02-000009 11660270 39 101112005 9/30/2008 0 BATTERY SUPPORT SYSTEM 2 VBSS2-02-000009 11660272 40 10/112005 9/34/2008 0 BATTERY SUPPORT SYSTEM 2 VBSS2-02-000009 11660301 41 10/1/2005 9/30/2008 0 BATTERY SUPPORT SYSTEM 2 VBSS2-02-000009 11671503 42 10/1/2005 9/30/2008 0 BATTERY SUPPORT SYSTEM 2 VBSS2-02.000009 11675703 43 10/1/2045 9/34r2048 0 BATTERY SUPPORT SYSTEM 2 VBSS2-02-000009 11656454 44 10/112005 913412008 0 BATTERY SUPPORT SYSTEM 2 VBSS2-02-000009 11675709 45 10/1/2005 9130/2008 0 BATTERY SUPPORT SYSTEM 2 VBSS2-02-000009 11675708 46 10/1/2005 9/30/2408 0 BATTERY SUPPORT SYSTEM 2 VBSS2-02-000009 12424356 11 10/1/2005 9/30/2008 0 BATTERY SUPPORT SYSTEM 2 VBSS2-02-000009 12387801 12 10l1/2005 9/30/2008 0 BATTERY SUPPORT SYSTEM 2 VBSS2-02-000009 12388305 13 1411/2005 9l30/2008 0 BATTERY SUPPORT SYSTEM 2 VBSS2-02-000009 12388306 14 10/1/2005 9/30/2008 0 BATTERY SUPPORT SYSTEM 2 VBSS2.02-000009 12390219 15 10/1/2005 9/30/2008 0 BATTERY SUPPORT SYSTEM 2 VBSS2-02-000009 12410069 16 10/1/2005 9/30/2008 0 BATTERY SUPPORT SYSTEM 2 VBSS2-02-000009 12424244 17 10/1/2005 9l30/2008 0 BATTERY SUPPORT SYSTEM 2 VBSS2-02-000009 12424247 18 10/112005 9/30/2008 0 BATTERY SUPPORT SYSTEM 2 VBSS2-02-000009 12424249 19 10/1/2005 9/30/2408 0 BATTERY SUPPORT SYSTEM 2 VBSS2.02-000009 12424354 20 10/1/2005 9/30/2008 0 BATTERY SUPPORT SYSTEM 2 VBSS2-02-000009 30867690 66 10/1/2005 9I30/2008 0 BATTERY SUPPORT SYSTEM 2 VBSS2-02-000009 13393202 87 10/1/2005 9/30/2008 0 BATTERY SUPPORT SYSTEM 2 VBSS2-02-000009 13393217 88 10/1/2005 9/30/2008 0 BATTERY SUPPORT SYSTEM 2 VBSS2-02-000009 14054331 89 1411l2005 9/30/2008 0 BATTERY SUPPORT SYSTEM 2 VBSS2-02-000009 14054344 90 10/0112008 9/30/2008 0 When Life Depends on Medics! Technology Reference Number: S59-1290 Renewal Printed: 7/14/2005 Page 5 of 12 LIFEPAK® 500 3005400-064 10015059 67 10/1/2005 9/30/2008 0 LIFEPAK® 500 3011790-000100 12483236 68 10/1/2005 9/30/2008 0 L1FEPAK® 500 3011790-000100 12483234 69 10/1/2005 9/30/2008 0 L1FEPAK® 500 3011790.000100 12483232 70 10/1/2005 9/30/2008 0 LIFEPAK® 500 3011790-000100 12483231 71 10/1/2005 9/30/2008 0 LIFEPAK® 500 3011790.000100 12483230 72 10/1/2005 9/30/2008 0 LIFEPAK® 500 3011790-000100 12483229 73 10/1/2005 9/30/2008 0 LIFEPAK® 500 3011790-000100 12483228 74 10/1/2005 9/30/2008 0 LIFEPAK® 500 3011790-000100 12483227 75 10/1/2005 9/30/2008 0 LIFEPAK® 500 3011790-000100 12483226 76 10/1/2005 9/30/2008 0 LIFEPAK® 500 3011790-000100 12483225 77 10/1/2005 9/30/2008 0 LIFEPAK® 500 3011790-000100 12483224 78 10/1/2005 9/30/2008 0 LIFEPAK® 500 3011790-000100 12483223 79 10/1/2005 9/30/2008 0 LIFEPAK® 500 3011790-000100 12483222 80 10/1/2005 9/30/2008 0 LIFEPAK® 500 3011790-000100 12476818 81 10/1/2005 9/30/2008 0 LIFEPAK® 500 3005400-000 4628601 82 10/1/2005 9/30/2008 0 LIFEPAK® 500 3011790-000100 12483241 83 10/1/2005 9/30/2008 0 LIFEPAK® 500 3011790-000100 12483239 84 10/1/2005 9/30/2008 0 L1FEPAK® 500 3011790-000100 12483238 85 10/1/2005 9/30/2008 0 LIFEPAK® 500 3011790-000100 12483237 86 10/1/2005 9/30/2008 0 * * Denotes an inventory line that has changed since the last contract revision or addendum. When life Depends on Medical Technology Reference Number: S59-1290 Renewal Printed:7/14/2005 Page 6 of 12 MEDTRONIC EMI:RUE:NCY KJ@,arvl lam 1 71t+i.lJ, 114. TECHNICAL SERVICE SUPPORT AGREEMENT SCHEDULE A Contract Number: Additional Items Service Type Item Quantity Start Date End Date CASE CHANGE LP12 LIMITED CASE CHANGES 6 10/1/2005 9/30/2008 Denotes an additional item line that has changed since the tast contract revision or addendum. When Life Depends on Medical Technology Reference Number: S59-1290 Renewal Printed: 7/14/2005 Page 7 of 12 MED'IRON 1C LMIJUJLNLY rcn,arvirarJ axaxi iv ', �4... TECHNICAL SERVICE SUPPORT AGREEMENT SCHEDULE B LIFEPAK® 11 DIAGNOSTIC CARDIAC MONITOR • Auxiliary Power Supply included when listed on equipment inventory (Schedule A). • Medtronic® Cellular Modem is included when listed on the equipment inventory. • Case changes are excluded. • Communications and patient cables are excluded. - Cellular telephone is excluded. • Medtronic® Battery Support System included when listed on equipment inventory (Schedule A). • Repair coverage for Medtronic® ECG, Pacing and Defibrillation Simulators included. • Discount of 17% from list price for any Medtronic® Data Management product is included. • Discounts may not be combined with any other special terms, discounts and/or promotions. Medtronic® Battery Pak • Customer retains the responsibility to perform the battery maintenance and evaluation procedures outlined in the operating instruction manual and to replace batteries that doo not pass the outlinedremovunderm service properly ding/ Recycling Batteries." Batteries failing to meet battery pert discarded (recycled). • If customer provides evidence that a Medtronic Battery Pak fails to meet the performance tests noted above and/or the Battery Pak age exceeds 2 years, Medtronic shall replace said Medtronic Battery Pak (like for like) i.e. FASTPAK for FASTPAK, up to a maximum of 2 Medtronic Battery Paks every two years (including prior Support Plan periods) per LIFEPAK®11 diagnostic cardiac monitor (listed on Schedule A). To assist in proper recycling and removal of low capacity batteries, replaced Battery Paks become the property of Medtronic and must be returned at the time of exchange. • Only batteries manufactured by Medtronic are covered under this Service Agreement. Any batteries manufactured by other sources are expressly excluded from coverage under this Service Agreement. Medtronic cannot guarantee the operation, safety and/or performance of our product when operating with a non- Medtronic battery. Repairs and inspections performed under this Agreement meet original equipment manufacturer's product specifications only when operating with a Medtronic battery. Any repairs, as determined by a Medtronic Service Representative, resulting from the use of a non- Medtronic battery, will be billed at our standard list prices for parts and labor, including actual travel charges incurred. When Life Depends an Medical Technology Reference Number: S59-1290 Renewal Printed: 7/14/2005 Page 8 of 12 MEDTRUN IC EMEKI EIN 1 rirtz, TECHNICAL SERVICE SUPPORT AGREEMENT SCHEDULE B LIFEPAK® 10 DEFIBRILLATOR/MONITOR/PACEMAKER • Paddle repairs are included. (Paddle attachments are excluded; i.e. pediatric and anterior attachments). • Auxiliary Power Supply included when listed on equipment inventory (Schedule A). • Pacemaker repair is included. • Case changes are excluded. • Pacing and patient cables are excluded. • FAST -PATCH® adapters and QUTK-COMBOTM pacing/defibrillation adapters are included. • Medtronic® Battery Support System included when listed on equipment inventory (Schedule A). • Repair coverage for Medtronic® ECG, Pacing and Defibrillation Simulators included. Medtronic® Battery Pak • Customer retains the responsibility to perform the battery maintenance and evaluation procedures outlined in the service manual and to replace batteries that do not pass the conditions outlined under "Discarding/Recycling Batteries." Batteries failing to meet battery performance tests should be removed from service and properly discarded (recycled). • If customer provides evidence that a Medtronic Battery Pak fails to meet the performance tests noted above and/or the Battery Pak age exceeds 2 years, Medtronic shall replace said Medtronic Battery Pak (like for like) i.e. FASTPAK for FASTPAK, up to a maximum of 4 Medtronic Battery Paks every two years (including prior Support Plan periods) per LIFEPAK®10 defibrillator/monitor/pacemaker (listed on Schedule A). To assist in proper recycling and removal of low capacity batteries, replaced Battery Paks become the property of Medtronic and must be returned at the time of exchange. • Only batteries manufactured by Medtronic are covered under this Service Agreement. Any batteries manufactured by other sources are expressly excluded from coverage under this Service Agreement. Medtronic cannot guarantee the operation, safety and/or performance of our product when operating with a non- Medtronic battery. Repairs and inspections performed under this Agreement meet original equipment manufacturer's product specifications only when operating with a Medtronic battery. Any repairs, as determined by a Medtronic Service Representative, resulting from the use of a non- Medtronic battery, will be billed at our standard Iist prices for parts and labor, including actual travel charges incurred. When Life Depends an Medical Technology Reference Number: S59-1290 Renewal Printed: 7/14/2005 Page 9 of 12 IVIED IRUIN IL Ira, v ., _ .-- •-- — • - TECHNICAL SERVICE SUPPORT AGREEMENT SCHEDULE B LIFEPAK® 11 DEFIBRILLATOR • Auxiliary Power Supply included when listed on equipment inventory (Schedule A). • Medtronic® Cellular Modem is included when listed on the equipment inventory. • Case changes are excluded. • Communications cables are excluded. • Cellular telephone is excluded. • Includes QUIK-COMBO'M and Standard Paddles Modules. • Defibrillator paddle repairs are included (excludes pediatric paddles). • Pacemaker repair is included. • Excludes lost or damaged defibrillator paddles. • Discount of 17% from list price for any Medtronic® Data Management product is included. • Discounts may not be combined with any other special terms, discounts and/or promotions. Medtronic® Battery Pak • Customer retains the responsibility to perform the battery maintenance and evaluation procedures outlined in the operating instruction manual and to replace batteries that do not pass the conditions outlined under "Discarding/ Recycling Batteries." Batteries failing to meet battery performance tests should be removed from service and properly discarded (recycled). • If customer provides evidence that a Medtronic Battery Pak fails to meet the performance tests noted above and/or the Battery Pak age exceeds 2 years, Medtronic shall replaceaim said of 2 Medtronic Battery Pak (like for like) i.e. FASTPAK for FASTPAK, up LIFEPAK® 11 defibrillator Medtronic Battery Paks every two years (including prior Support Plan periods) per (listed on Schedule A). To assist in proper recycling and removal of low capacity batteries, replaced Battery Paks become the property of Medtronic and must be returned at the time of exchange. • Only batteries manufactured by Medtronic are covered under this Service Agreement. Any batteries manufactured by other sources are expressly excluded from coverage under this Service Agreement. Medtronic cannot guarantee the operation, safety and/or performance of our product when this Agreement operating with anon- Medtronic battery. Repairs and inspections performed underwith a Medtronic meet original equipment manufacturer's product specifications only when operating battery. Any repairs, as determined by a Medtronic Service Representative, resulting from the use of a non- Medtronic battery, will be billed at our standard list prices for parts and labor, including actual travel charges incurred. When Life Depends on Medical Technology Reference Number: S59-1290 Renewal Printed:7/14/2005 Page 10 of 12 MEDTRONIC IMM(Gt'NCY i aru ar i31r,ir1,',11"-.. TECHNICAL SERVICE SUPPORT AGREEMENT SCHEDULE B LIFEPAK® 12 DEFIBRILLATOR/MONITOR • Battery Support System included when listed on equipment inventory (Schedule A). • Battery Support System 2 included when listed on equipment inventory (Schedule A). • AC Power Adapter included when listed on equipment inventory (Schedule A). DC Power Adapter included when listed on equipment inventory (Schedule A). • Defibrillator paddle repairs are included (excludes internal, sterilizable and pediatric paddles). • Communications and Patient cables are excluded. • PCMCIA Modems are excluded. • Therapy cables are excluded. • SpO2 Sensors are excluded. • Case Changes are excluded. • Discount of 17% from the field installed list price for any current and/or future available LitEPAK®12 upgrade is included when installed by Medtronic Technical Services. • Discount of 17% from list price for any Medtronic® Data Management product is included. Discounts may not be combined with any other special terms, discounts and/or promotions. Medtronic Fastpak®, Fastpak 2, Lifepak SLA and Lifepak NiCd Battery • Customer retains the responsibility to perform the battery maintenance and evaluation procedures outlined in the operating instruction manual and to replace batteries that do not pass the conditions outlined under "Discarding/ Recycling Batteries." Batteries failing to meet battery performance tests should be removed from service and properly discarded (recycled). • If customer provides evidence that a Medtronic Battery Pak fails to meet the performance tests noted above and/or the Battery Pak age exceeds 2 years, Medtronic shall replace said Medtronic Battery Pak (like for like) i.e. FASTPAK for FASTPAK, FASTPAK2 for FASTPAK2, LIFEPAK SLA for LIFEPAK SLA, or LIFEPAK NiCd for LIFEPAK NiCd, up to a maximum of 4 Medtronic Battery Paks every two years (including prior Support Plan periods) per LIFEPAK®12 defibrillator/monitor (listed on Schedule A). To assist in proper recycling and removal of low capacity batteries, replaced Battery Paks become the property of Medtronic and must be returned at the time of exchange. • Only batteries manufactured by Medtronic are covered under this Service Agreement. Any batteries manufactured by other sources are expressly excluded from coverage under this Service Agreement Medtronic cannot guarantee the operation, safety and/or performance of our product when operating with a non- Medtronic battery. Repairs and inspections performed wider this Agreement meet original equipment manufacturer's product specifications only when operating with a Medtronic battery. Any repairs, as determined by a Medtronic Service Representative, resulting from the use of a non- Medtronic battery, will be billed at our standard list prices for parts and labor, including actual travel charges incurred. Lifepak®12 Software Updates • If combined Repair and Inspection services are designated on the Technical Service Support Agreement inventory for Lifepak 12 units, at the customer's request, a Medtronic Technical Services Representative will install Lifepak 12 software updates at no additional charge provided it is installed at the time of a regularly scheduled inspection. In addition during the term of this agreement, where an assembly such as a printed circuit board must be replaced in order to install the new software, these assemblies may be purchased by the customer at a 50% discount off the current list price of a new assembly. Software updates requested to be installed at a time other than the regularly scheduled inspection will be billed at $205 per unit per software update. The cost of the software update will be billed on a separate invoice. • If Repair -Only services are designated on the Service Order inventory for Lifepak 12 units, at the customer's request a Medtronic Technical Services Representative will install a Lifepak 12 software update at a discounted price of $205 per unit per software update. In addition during the term of this agreement, where an assembly such as a printed circuit board must be replaced in order to install the new software, these assemblies may be purchased by the customer at a 50% discount off the current list price of a new assembly. The cost of the software update will be billed on a separate invoice. When life Depends on Medical Technology Reference Number: S59-1290 Renewal Printed:7/14/2005 Page 11 of 12 MEDTRONIC EMERGENCY RESYuN Sty , Y D 1 L1Vi , u� �-• TECHNICAL SERVICE SUPPORT AGREEMENT SCHEDULE B LIFEPAK® 500 AED • Repair coverage for Medtronic® QUIK-COMBOTM Patient Simulators included, • Repairs to Medtronic Lifepak AED Trainers are excluded. • Case Changes are excluded. • Defibrillation and Communications cables are excluded. • External Modems are excluded. • Battery chargers are included and shall be exchanged up to one battery charger per Lifepak 500 automatic advisory defibrillator (listed on Schedule A) as determined necessary by Medtronic. • Discount of 17% from list price for any Medtronic® Data Management product is included, • Discounts may not be combined with any other special terms, discounts and/or promotions. Medtronic® Battery Pak • Customer retains the responsibility to perform the battery maintenance and evaluation should procedures tests rsoutlined finedbe in the removed from LIFEPAK 500 AED Operating Instructions. Batteries failing to meet battery performance service and properly discarded (recycled). • If customer provides evidence that a Medtronic Battery Pak fails to meet the performance tests noted above and/or the Battery Pak age exceeds 2 years in the case of sealed lead acid batteries and 3 years in the case of lithium ion batteries, Medtronic shall replace said Medtronic Battery Pak (like for like) i.e. LIFEPAK 500 SLA for LIFEPAK 500 SLA or LIFEPAK 500 lithium ion for LIFEPAK 500 lithium ion, up to a maximum of 2 LIFEPAK 500 SLA Battery Paks every two years or up to a maximum of 1 LIFEPAK 500 lithium ion Battery Pak every 3 years (including prior Support Plan periods) per LIFEPAK® 500 automatic advisory defibrillator (listed on Schedule A). To assist in proper recycling and removal of low capacity batteries, replaced Battery Paks become the property of Medtronic and must be returned at the time of exchange. • Only batteries manufactured by Medtronic are covered under this Service Agreement. Any batteries manufactured by other sources are expressly excluded from coverage under this Service Agreement Medtronic cannot guarantee the operation, safety and/or performance of our product when operating with a non- Medtronic battery. Repairs and inspections performed under this Agreement meet original equipment manufacturer's product specifications only when operating with a Medtronic battery. Any repairs, as determined by a Medtronic Service Representative, resulting from the use of a non- Medtronic battery, will be billed at our standard list prices for parts and labor, including actual travel charges incurred. When Life Depends on Medical Technology Reference Number: S59-1290 Renewal Page 12 of 12 Printed: 7/14/2005