1. SERVICES PROVIDED
1.1 Service Contract Inspection.
Within 90 days after the effective date of the Agreement, as set forth in the Quote (the “Effective Date”), SportsMed Products Ltd (SportsMed) will inspect the System not previously serviced by SportsMed or any lapse in continuous contractual service provided by SportsMed and notify Customer of any system that does not meet manufacturer’s specification. For purposes of clarification, in the event a System was purchased from a third party and Customer desires to enter into a service agreement with SportsMed, the process described above in this Section 1.1 must be performed at Sportsmed’s current billable rate and at Customer’s sole expense prior to entering into a service contract with SportsMed. SportsMed will provide Customer a written estimate for repairs, including travel, time, and materials, necessary to bring the System within proper manufacturer’s specifications. Upon Customer’s request, SportsMed will provide necessary repairs at SportsMed’s then contract labour rate.
1.2 Repair Service.
Commencing on the Effective Date and subject to any the repair limitations declared, SportsMed or SportsMed’s subcontractors will provide repair services for the System. SportsMed will provide all replacement parts, which may be refurbished, and labour necessary to repair System, unless previously stated to the customer in writing. All components used are subject to SportsMed inspection and quality control procedures and shall be warranted to the same extent that a non-refurbished component is warranted. Parts removed for replacement become the property of SportsMed and SportsMed shall remove parts from the System site. SportsMed may increase its contract price if the System is upgraded or reconfigured.
1.3. Planned Maintenance Service. SportsMed will aim to provide Customer notice of planned maintenance 30 days prior to the schedule for the System. Systems under warranty automatically receive one (1) planned maintenance service prior to warranty expiration; Systems under Service Contract receive one (1) planned maintenance service for each contract year. SportsMed will provide such planned maintenance during the Service hours (as defined in Section 4) at a time that is mutually agreed upon. Customer will make the System available in accordance with this schedule.
SportsMed or its subcontractors will provide planned maintenance on the System at scheduled intervals. If SportsMed cannot locate System, or System was not made available for planned maintenance when scheduled, SportsMed will notify the Customer that Customer has 30 days to make available System for planned maintenance, otherwise customer waives right to service and SportsMed may delete System from the contract, additionally, SportsMed shall charge the customer for time and travel expenses for its employees or subcontractors at SportsMed’s current billable rate.
1.4. Software, Mechanical, and Electrical Enhancements/ Updates. SportsMed will install operating system software updates provided by the Original Equipment Manufacturer (OEM) for System. Software updates mean revisions to OEM proprietary operating system software that enhance existing System functions and operation without hardware changes, but will not install operating system software upgrades to new software platforms or software options offered separately for sale by the OEM; notwithstanding the foregoing, enhancements/ updates, as described above, provided by the OEM shall be installed at the time of service either during warranty or under contract at no additional charge to Customer. However, Customer currently not under contract with SportsMed shall be charged for any and all enhancements and upgrades during service, and such charges shall be provided by SportsMed in advance to Customer (all enhancements and updates are provided at failure).
2. CONTRACT ADMINISTRATION
2.1. System Additions. After completing the inspection, Customer may add a System to the System list by contacting SportsMed. Customer and SportsMed will agree on a mutually-agreeable price and contract start date. The System will be added to the contract by written consent of the parties.
2.2. System Deletions. Upon inspection, and at SportsMed’s sole discretion, System is determined to be damaged beyond repair, SportsMed shall promptly advise Customer in writing that damage to System is beyond repair and System is not safe for patient use or any use in any manner whatsoever and should be permanently decommissioned and/or destroyed.
In addition to the exclusions set forth in writing, the Services do not include providing or paying the cost of:
3.1. Any rigging or structural alteration incident to the Services;
3.2 Any electrical supply requirements (such as fuse breaker replacement)
3.2. Consumable items and supplies (such as shorts) – 4 pairs of shorts are however included annually in contracts where a “With shorts” warranty is chosen.
3.3. Cosmetic repairs; all repairs are carried out to get your machine working as per the manufacturers training and do not cover cosmetic changes (i.e. Up to 2 patches may be used on a bag no more than 15cm each patch)
3.4. The cost of factory reconditioning, rebuilds, or overhauls including freight, if repairs at Customer site cannot maintain the equipment in satisfactory operating condition;
3.5. Disposing hazardous, infectious, or biomedical waste or materials;
3.6. Providing service to any System under a current service agreement between Customer and another vendor until such agreements expire or are terminated by Customer. SportsMed is not liable for any cancellation penalty or cost associated with Customer’s termination of any such agreement;
3.7. Unless otherwise specified, maintaining or repairing third-party equipment.
3.8. Movement of the machine to another site. Please note movement of the machine without approval from SportsMed may invalidate your contract. Please kindly seek advice prior to any moves.
SportsMed will provide services on-site during SportsMed’s working hours and excluding SportsMed observed holidays, unless otherwise set forth in attachments or exhibits (‘Service Coverage’). Customer may request service outside of the service coverage or service that is not otherwise included and, subject to the availability of personnel and repair parts. If available, SportsMed will provide such service at SportsMed’s then-current preferred rates and for material and labour.
SportsMed will provide Customer with repair and planned maintenance records for Services performed on the Covered System.
6. CUSTOMER RESPONSIBILITIES.
During the term of this Agreement Customer shall contact SportsMed in writing, prior to the expiration of the warranty, to arrange a date and time to determine type of service Customer desires post warranty.
Should a breakdown occur the customer will contact SportsMed to give full disclosure of how the machine was operated before the breakdown and what error codes were shown (50% of breakdowns can be fixed over the phone).