HomeMy WebLinkAboutPHYSIO Control/CFD Co
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PHYSIO Control FORM
Fire Department 20(3)
Appropriation #43- 515.01; P.O. #12688
Contract Not To Exceed $17,500.00
AGREEMENT FOR PURCHASE OF GOODS AND SERVICES
THIS AGREEMENT FOR PURCHASE OF GOODS AND SERVICES "Agreement is hereby entered into by
and between the City of Carmel, Indiana, acting by and through its Board of Public Works and Safety "City and
PHYSIO Control, an entity duly authorized to do business in the State of Indiana "Vendor
TERMS AND CONDITIONS
1. ACKNOWLEDGMENT, ACCEPTANCE:
Vendor acknowledges that it has read and understands this Agreement, and agrees that its execution of
same constitutes its acceptance of all of the Agreement's terms and conditions.
2. PERFORMANCE:
City agrees to purchase the goods and /or services (the "Goods and Services from Vendor using City
budget appropriation number 43- 515.01 funds. Vendor agrees to provide the Goods and Services and to
otherwise perform the requirements of this Agreement by applying at all times the highest technical and
industry standards.
3. PRICE AND PAYMENT TERMS:
3.1 Vendor estimates that the total price for the Goods and Services to be provided to City hereunder
shall be no more than Seventeen Thousand Five Dollars ($17,500.00) (the "Estimate). Vendor shall
submit an invoice to City no more than once every thirty (30) days detailing the Goods and Services
provided to City within such time period. City shall pay Vendor for such Goods and Services within
forty -five (45) days after the date of City's receipt of Vendor's invoice detailing same, so long as and
to the extent such Goods and Services are not disputed, are in accordance with the specifications
set forth in Exhibit A. are submitted on an invoice that contains the information contained on
attached Exhibit B, and Vendor has otherwise performed and satisfied all the terms and conditions of
this Agreement.
3.2 Vendor agrees not to provide any Goods and Services to City that would cause the total cost of the
Goods and Services provided by Vendor to City hereunder to exceed the Estimate, unless City has
previously agreed, in writing, to pay an amount in excess thereof.
4. WARRANTY:
Vendor expressly warrants that the Goods and Services covered by this Agreement will conform to those
certain specifications, descriptions and /or quotations regarding same as were provided to Vendor by City
and /or by Vendor to and accepted by City all of which documents are incorporated herein by reference, and
that the Goods and Services will be delivered in a timely, good and workmanlike manner and free from
defect. The parties hereby incorporate by reference the warranty set out in Exhibit "A', page one (1) (reverse
side).
PHYSIO Control
Fire Department 2009
Appropriation #43- 515.01; P.O. #12688
Contract Not To Exceed 17.500.00
5. TIME AND PERFORMANCE:
This Agreement shall become effective as of the last date on which a party hereto executes same "Effective
Date and both parties shall thereafter perform their obligations hereunder in a timely manner.
6. DISCLOSURE AND WARNINGS:
If requested by City, Vendor shall promptly furnish to City, in such form and detail as City may direct, a list of
all chemicals, materials, substances and items used in or during the provision of the Goods and Services
provided hereunder, including the quantity, quality and concentration thereof and any other information
relating thereto. At the time of the delivery of the Goods and Services provided hereunder, Vendor agrees to
furnish to City sufficient written warning and notice (including appropriate labels on containers and packing)
of any hazardous material utilized in or that is a part of the Goods and Services.
7. LIENS:
Vendor shall not cause or permit the filing of any lien on any of City's property. In the event any such lien is
filed and Vendor fails to remove such lien within ten (10) days after the filing thereof, by payment or bonding,
City shall have the right to pay such lien or obtain such bond, all at Vendor's sole cost and expense.
8. DEFAULT:
In the event Vendor: (a) repudiates, breaches or defaults under any of the terms or conditions of this
Agreement, including Vendor's warranties; (b) fails to provide the Goods and Services as specified herein;
(c) fails to make progress so as to endanger timely and proper provision of the Goods and Services and does
not correct such failure or breach within five (5) business days (or such shorter period of time as is
commercially reasonable under the circumstances) after receipt of notice from City specifying such failure or
breach; or (d) becomes insolvent, is placed into receivership, makes a general assignment for the benefit of
creditors or dissolves, each such event constituting an event of default hereunder, City shall have the right to
(1) terminate all or any parts of this Agreement, without liability to Vendor; and (2) exercise all other rights
and remedies available to City at law and /or in equity.
9. INSURANCE AND INDEMNIFICATION:
Vendor shall procure and maintain in full force and effect during the term of this Agreement, with an insurer
licensed to do business in the State of Indiana, such insurance as is necessary for the protection of City and
Vendor from all claims for damages under any workers' compensation, occupational disease and/or
unemployment compensation act; for bodily injuries including, but not limited to, personal injury, sickness,
disease or death of or to any of Vendor's agents, officers, employees, contractors and subcontractors; and,
for any injury to or destruction of property, including, but not limited to, any loss of use resulting therefrom.
The coverage amounts shad be no less than those amounts set forth in attached Exhibit C. Vendor shall
cause its insurers to name City as an additional insured on all such insurance policies, shall promptly. provide.
City, upon request, with copies of all such policies, and shall provide that such insurance policies shall not be
canceled without thirty (30) days prior notice to City. Vendor shall indemnify and hold harmless City from and
against any and all liabilities, claims, demands or expenses (including, but not limited to, reasonable attorney
fees) for injury, death and/or damages to any person or property arising from or in connection with Vendor's
provision of Goods and Services pursuant to or under this Agreement or Vendor's use of City property.
PHYSIC) Control
Fire Department 2009
Appropriation #43- 515.01; P.O. #12688
Contract Not To Exceed $17.500.00
Vendor further agrees to indemnify, defend and hold harmless City and its officers, officials, agents and
employees from all claims and suits of whatever type, including, but not limited to, all court costs, attorney
fees, and other expenses, caused by any negligent or intentional acts or omissions of Vendor and /or of any
of Vendor's agents, officers, employees, contractors or subcontractors in the performance of this Agreement.
These indemnification obligations shall survive the termination of this Agreement.
10. GOVERNMENT COMPLIANCE:
Vendor agrees to comply with all federal, state and local laws, executive orders, rules, regulations and codes
which may be applicable to Vendor's performance of its obligations under this Agreement, and all relevant
provisions thereof are incorporated herein by this reference. Vendor agrees to indemnify and hold harmless
City from any loss, damage and /or liability resulting from any such violation of such laws, orders, rules,
regulations and codes to the extent of vendor's negligence. This indemnification obligation shall survive the
termination of this Agreement.
11. NONDISCRIMINATION:
Vendor represents and warrants that it and ail of its officers, employees, agents, contractors and
subcontractors shall comply with all laws of the United States, the State of Indiana and City prohibiting
discrimination against any employee, applicant for employment or other person in the provision of any Goods
and Services provided by this Agreement with respect to their hire, tenure, terms, conditions and privileges of
employment and any other matter related to their employment or subcontracting, because of race, religion,
color, sex, handicap, national origin, ancestry, age, disabled veteran status and /or Vietnam era veteran
status.
12. NO IMPLIED WAIVER:
The failure of either party to require performance by the other of any provision of this Agreement shall not
affect the right of such party to require such performance at any time thereafter, nor shall the waiver by any
party of a breach of any provision of this Agreement constitute a waiver of any succeeding breach of the
same or any other provision hereof.
13. NON ASSIGNMENT:
Vendor shall not assign or pledge this Agreement, whether as collateral for a loan or otherwise, and shall not
delegate its obligations under this Agreement without City's prior written consent.
14. RELATIONSHIP OF PARTIES:
The relationship of the parties hereto shall be as provided for in this Agreement, and neither Vendor nor any
of its officers, employees, contractors, subcontractors and agents are employees of City. The contract price
set forth herein shall be the full and •maximum compensation and monies required of City to be .paid to
Vendor under or pursuant to this Agreement.
15. GOVERNING LAW: LAWSUITS:
This Agreement is to be construed in accordance with and governed by the laws of the State of Indiana,
except for its conflict of laws provisions. The parties agree that, in the event a lawsuit is filed hereunder, they
waive their right to a jury trial, agree to file any such lawsuit in an appropriate court in Hamilton County,
Indiana only, and agree that such court is the appropriate venue for and has jurisdiction over same.
PHYSIO Control
Fire Department 2009
Appropriation #43- 515.01; P.O. 12688
Contract Not To Exceed $17.500.00
16. SEVERABILITY:
If any term of this Agreement is invalid or unenforceable under any statute, regulation, ordinance, executive
order or other rule of law, such term shall be deemed reformed or deleted, but only to the extent necessary to
comply with same, and the remaining provisions of this Agreement shall remain in full force and effect.
17. NOTICE:
Any notice provided for in this Agreement will be sufficient if it is in writing and is delivered by postage
prepaid U.S. certified mail, return receipt requested, to the party to be notified at the address specified
herein:
If to City: City of Carmel
One Civic Square
Carmel, Indiana 46032
ATTN: Keith Smith, Fire Chief
AND
Douglas C. Haney, City Attorney,
Department of Law
One Civic Square
Carmel, Indiana 46032
If to Vendor: General Counsel
PHYSIO- CONTROL, INC.
11811 Willowws Road Northea Street
Redmond, WA 98052
Telephone: 800 4421142 ext. 2963
Notwithstanding the above, notice of termination under paragraph 18 hereinbelow shall be effective if given
orally, as long as written notice is then provided as set forth hereinabove within five (5) business days from
the date of such oral notice.
18. TERMINATION:
18.1 Notwithstanding anything to the contrary contained in this Agreement, City may, upon notice to
Vendor, immediately terminate this Agreement for cause, in the event of a default hereunder by
Vendor and/or if sufficient funds are not appropriated or encumbered to pay for the Goods and
Services to be provided hereunder. In the event of such termination, Vendor shall be entitled to
receive only payment for the undisputed invoice amount representing conforming Goods and
Services delivered as of the date of termination, except that such payment amount shall not exceed
the Estimate amount in effect at the time of termination, unless the parties have previously agreed in
writing to a greater amount.
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PHYSIC) Control
Fire Department 2009
Appropriation #43- 515.01; P.O. #12688
Contract Not To Exceed 17.500.00
18.2 City may terminate this Agreement at any time upon sixty (60) days prior notice to Vendor. In the
event of such termination, Vendor shall be entitled to receive only payment for the undisputed
invoice amount of conforming Goods and Services delivered as of the date of termination, except
that such payment amount shall not exceed the Estimate amount in effect at the time of termination,
unless the parties have previously agreed in writing to a greater amount.
19. REPRESENTATIONS AND WARRANTIES
The parties represent and warrant that they are authorized to enter into this Agreement and that the persons
executing this Agreement have the authority to bind the party which they represent.
20. ADDITIONAL GOODS AND SERVICES
Vendor understands and agrees that City may, from time to time, request Vendor to provide additional goods
and services to City. When City desires additional goods and services from Vendor, the City shall notify
Vendor of such additional goods and services desired, as well as the time frame in which same are to be
provided. Only after City has approved Vendor's time and cost estimate for the provision of such additional
goods and services, has encumbered sufficient monies to pay for same, and has authorized Vendor, in
writing, to provide such additional goods and services, shall such goods and services be provided by Vendor
to City. A copy of the City's authorization documents for the purchase of additional goods and services shall
be numbered and attached hereto in the order in which they are approved by City.
21. TERM
Unless otherwise terminated in accordance with the termination provisions set forth in Paragraph 18
hereinabove, this Agreement shall be in effect from the Effective Date through December 31, 2009, and
shall, on the first day of each January thereafter, automatically renew for a period of one (1) calendar year,
unless otherwise agreed by the parties hereto.
22. HEADINGS
All heading and sections of this Agreement are inserted for convenience only and do not form a part of this
Agreement nor limit, expand or otherwise alter the meaning of any provision hereof.
23. BINDING EFFECT
The parties, and their respective officers, officials, agents, partners, successors, assigns and legal
representatives, are bound to the other with respect to all of the covenants, terms, warranties and obligations
set forth in Agreement.
24. NO THIRD PARTY BENEFICIARIES
This Agreement gives rto'rights or benefits to anyone other than City and Vendor.
25. ADVICE OF COUNSEL
The parties warrant that they have read this Agreement and understand it, have had the opportunity to obtain
legal advice and assistance of counsel throughout the negotiation of this Agreement. and enter into same
freely, voluntarily. and without any duress, undue influence or coercion.
PHYSIO Control
Fire Department 2009
Appropriation #43- 515.01: P.O. #12688
Contract Not To Exceed $17,500.00
26. ENTIRE AGREEMENT:
This Agreement, together with the technical service support agreement (L71- 2191), any exhibits attached
hereto or referenced herein, constitutes the entire agreement between Vendor and City with respect to the
subject matter hereof, and supersedes all prior oral or written representations and agreements regarding
same. Notwithstanding any other term or condition set forth herein, but subject to paragraph 16 hereof, to
the extent any term or condition contained in any exhibit attached to this Agreement or in any document
referenced herein conflicts with any term or condition contained in this Agreement, the term or condition
contained in this Agreement shall govern and prevail. This Agreement may only be modified by written
amendment executed by both parties hereto, or their successors in interest.
IN WITNESS WHEREOF, the parties hereto have made and executed this Agreement as follows:
CITY OF CARMEL, INDIANA PHYSIO CONTROL
by and through its Board of Public
Works and Safety
By: By:
a
1
a mes Brainard, Presiding Officer Authorized Signature
Date: c
r
Printed Name
Mary Ann Bu e, to ber
Date: v 'v° rc, ct 1 z)./
-r`
Title
Lo S. W- Me ber FID/TIN: "1 0C- I-1
Date.
SSN if Sole Proprietor:
ATTEST:
1
Date: 7 F
Di la Cordray, !AMC, ate: Clerk- Tr'eaeurer
PHYSIO- CONTROL, INC.
TECHNICAL SERVICE SUPPORT AGREEMENT
SCHEDULE A
Contract Number:
Servicing Rep: McWilliams, Jason, EALL 71
District: GREAT LAKES
Phone: 800 -442 -1142 x2963
FAX: 800- 772 -3340
Equipment Location: CARMEL FIRE DEPARTM.ENI', 10774201
2 CIVIC SQUARE
CARMEL, IN 46032
Scope Of Service AED 1 On Site Inspection per Year with 1 Lithium Battery
Ref. Effective Expiration Total
Model Part Number Serial Number Line Date Date Inspections
LIFEPAK® 500 301 1790 -0001 13 13736715 33 11/1/2009 10/31/2011 2
Scope Of Service On Site Repair and 1 On Site Inspection per Year:M -F/8 -5
Ref. Effective Expiration Total
Model Part Number Serial Number Line Date Date inspections
LIFEPAK® 12 VLPI2 -02- 002940 30089228 29 11/1/2009 10/31/2011 2
LIFEPAK® 12 VLI'12- 02- 002940 30678995 30 11/1/2009 10 /31/2011 2
Scope Of Service Renewal POS LP500 1 On Site Inspection/Yr with 1 Lith Batt
Ref. Effective Expiration Total
Model Pare Number Serial Number Line Date Date Inspections
LIFEPAK® 500 3011790- 001129 31516759 24 11/1/2009 10/31/2011 2
L1FEPAK® 500 3011790- 001129 31516775 25 11 /1 /2(x19 10/31/2011 2
LIFEPAK® 500 301 1790 001129 31516802 26 11/ 1/2009 10/31/2011 2
LIFEPAK® 500 3011790 001129 31516822 27 1I/1/2009 10/31/2011 2
LIFEPAK® 500 3011790 001129 31516823 28 I 1 /1120(9 10/31/2011 2
LIFEPAK® 500 301€790-000113 13736710 12 11/1/'2009 10/31/2011 2
LIFEPAK® 500 3011790 000113 13736711 13 11 /1/2009 10/31/2011 2
LIFEPAK® 500 3011790- 000113 13736712 14 11/I/2009 10/31 /2011 2
LIFEPAK® 500 301 1790- 0001 13 13736713 15 11/1/2009 10/31 /2011
L !FE PA KO 500 3011790-000113 13736714 16 1 I/1/2009 10/31/2011 2
LIFEPAK® 500 3011790-000113 13736716 17 11/02009 10;31 /2011
Scope Of Service Renewal 1'OS On Sue Repair 1 On Site Inspection per Year
Ref. Effective Expiration Total
model Par/ Number Serial Number Line Date. Date inspections
LIFEPAK® 2 VLP12- 02- 002982 14210497 18 11/1,2(8X) €0/31/2011
LIFEPAK® 12 V1912-02-002982 1 4210498 19 ;I/112009 10/31/2031 2
LIFEPAK O 12 UV 02400476 1.18 1 11/112009 0131 /2011
1.111:1 AKIi3 1 VLP12 /2 "01 385 12984816 7 1 ii V.200 100/3 t17011
Reference Number: L71 -2191 Retie. -aI
Printed: 12/7/244 I'az€° r° 10
LIFEPAKOO 12 VLP I 2-02-001385 12984817 8 11/112009 11)/31/2011 2
L1FEPAK4 12 VLP12- 02- 001385 12984818 9 11/1/2009 10131/2011 2
1.1FEPAK® 12 VLP12- 02- 1X)1385 13044134 10 11 /112(09 10/31/2011
LIFEPAK® 12 VLP12- 02- 0013+5 13044135 11 11/1/2009 10131/2011 2
LIFEPAKei 12 VLP12- 02- 017228 36266689 31 1 U1/2009 10/31/2011 2
LIFEPAKJO 12 V1P12- 02- 0072 36266691 32 11 /1 /2(8)9 10/31/2011 7 2
LIFEPAKO 12 VLP12- 02- 002936 31516389 21 11/1 /2009 10/31/2011 2
LIFEPAK® 12 VLP I 2-02-002936 3151639(1 22 11 /1 /200) 10/31/2011 2
L1FEL'AK) 12 VLPI2 -02- 002936 31516391 23 11 /1 /2009 10/31/2011 2
Scope Of Service Renewal POS 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 -02- 000009 12951657 2 11/1 /2009 10/31/2011 0
BATTERY SUPPORT SYSTEM 2 VBSS2 -02 -0000 t) 12951661 3 11/1/2009 10/31/2011 0
BATTERY SUPPORT SYSTEM 2 VBSS2- 02- 00000) 12959332 4 11/1 /2009 10/31/2011 0
BATTERY SUPPORT SYSTEM 2 VBSS2- 02- 000009 12959340 5 11 /1/2009 10/31/2011 0
BAt ItRY SUPPORT SYSTEM 2 VBSS2- 02- ((X)009 12959341 6 11/1/2009 10/31/2011 0
BA'L l'ERY SUPPORT SYSTEM 2 VBSS2- 02- 000009 14116793 20 11/1/2(8)9 10/31 /2011 0
ux Denotes an inventory line that has changed since the last contract revision or addendum.
Reference Number: L71 21 Renewal
Printed: 12/7i2009 Page t t f 1.
if I IT 4 4.4
PHYSIO- CONTROL, INC.
TECHNICAL SERVICE SUPPORT AGREEMENT
SCHEDULE B
LIFEPAK® 12 (LP 12) Defibrillator /Monitor Includes:
Standard detachable hard paddle repairs
LP1.2 upgrade installed by Physio Control 'Technical Services Representative at a rate of 17% less than the then current
field- installed list price
When listed in Equipment Inventory, Schedule A, LP 12 Defibrillator /Monitor Includes:
AC Power Adapter
DC Power Adapter
LP 12 Defibrillator /Monitor Excludes:
Internal, sterilizable and pediatric paddles
Sp02 sensors and cables
Communication cables
Therapy cables
Patient cables
PCMCIA moderns
Case changes
Discounts will not be combined with other special terms, discounts. and/or promotions.
Physio Control FASTPAK FASTPAK 2, LIFEPAK SLA, and LIFEPAK NiCd Battery
Battery maintenance, performance testing, evaluation, removal, recycling, and replacement are the responsibility of the Customer,
and should be performed in accordance with the LP 12 Series Operating Instructions section entitled Discarding /Recycling Batteries.
Batteries replacement is available on a one- for -one basis, up to the number of devices listed in Equipment Inventory, Schedule A,
upon the earlier of either (i) reported battery failure as determined by Customer's performance testing and evaluation in accordance
with the LP 12 Operating Instructions section entitled Discarding/Recycling Batteries, or (ii) upon completion of the second year of
use. Replacement Battery Pak shall be like for like, i.e._ FASTPAK for FASTPAK, FASTPAK 2 for FASTPAK 2, etc. During the.
Term of this Agreement replacement shall occur no more than four times per two year period, notwithstanding prior Support Plans.
Battery replacement is dependent upon Customer's notice to Physio-Controi of the existence of either of the conditions referenced in
(i) and (ii) above. At the discretion of Physio Control, battery replacement shall be effected by shipment to Customer and
replacement by Customer, or by on -site delivery and replacement by a Physio- Control Service Technician. Upon Customer's receipt
of replacement battery, the affected battery referenced above shall become the property of Physio Control, and must be returned to
Physio Control for proper disposal. In the event that Physic)- Control does not receive the affected battery referenced above,
Customer will he charged at the then current rate for the replacement battery.
Only batteries manufactured by Physio- Control are covered under this Service Agreement. Batteries not manufactured by
Physio Control are expressly excluded from coverage under this Service Agreement. Physio Control does not guarantee the
operation, safety. and /or performance of our product when operating with a battery not manufactured by Physio- Control. Repairs
and inspections performed under this Agreement meet original equipment manufacturer's product specifications only when
operating with a battery manufactured by Physio Control. Any repairs, as determined by a Physio- Control Service Representative.
resulting frornthe use of 'ti battery not manufactured by Physio -C }nirol.'will =be billed atPhysio- Control's then...u;rent.standardlist..
prices for parts and labor. including actual travel costs incurred.
LIFEPAK 12 Software Updates
If combined Repair and inspection services are designated for LP 12 units listed in Schedule A. a Pin sio -Con ro. Technical Services
Representative will install LP 12 software updates at no additional cost. provided it is installed at the time of a regularly scheduled
inspection. In addition, during the Term of this Agreement. where an assembly, 1.c.. printed :..rcuii board. must be replaced to
accommodate installation of new software. such assembly may be purchased by the Customer at a rare of `t;`%r less than the then
current list price. Software updates. when installed at a time other than the regularly scheduled inspection. 3n. will he billed at :he rate of
S205.00 ner t 7 t per software update. The t cost of such software update rte be billed in a separate invoice. Dependent upon
availability of Customer Software loading toot. and at (.ti timer's request, Ieemncat St v e Reptesentaii e shall provide Costumer
Reference Number: i..11 -219! Renewal
Printed: 1217/2009 Page 9 of 10
66 3 s SI
PHYSIO CONTROL, INC.
TECHNICAL SERVICE SUPPORT AGREEMENT
SCHEDULE B
access to software loading tool at no additional charge.
if Repair -Only services are designated for LP 12 units listed in Schedule A. a Physio Control Technical Services Representative will
install a LP 12 software update at the rate of $205.00 per unit per software update. In addition, during the Term of this Agreement,
where an assembly, i.e., printed circuit board, must he replaced to accommodate installation of new software, such assembly may he
purchased by the Customer at a rate of 50% less than the then current list price. The cost of such software update will be billed in a
separate invoice. Dependent upon availability of Customer software loading tool, and at Customer's request, Technical Services
Representative shall provide Customer access to software loading tool at no additional charge_
Physio Control will replace the internal coin cell battery according to the number of such batteries listed in the Additional Items
section of Schedule A. It is the Customer's responsibility to request such coin cell battery replacement, gather in a single location
the devices that will receive such battery replacement, and to provide to the Physio Control Technical Services Representative
access to those devices. Coin cell battery replacement will take place during the Term of this Agreement, according to the number
of coin cell batteries listed in the Additional Items section of Schedule A.
LIFEPAK r® 500 AED INSPECTION -ONLY WITH BATTERY OPTION
This plan includes periodic inspections as described on Schedule A. If any repairs are requested by customer that
are not otherwise covered by warranty then customer shall pay Physio-Control at its then current labor rate less 10%.
Parts required for such repairs will be at 15% less than the then current list price for the pans.
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 he removed from service and properly discarded (recycled)_
If customer provides evidence that a Physio Control Battery Pak faits to meet the performance tests noted above andlor
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, Physio Control shall replace said Physio Control 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 Physio- Control and must be
returned at the time of exchange.
Only batteries manufactured by Physio- Control are covered under this Service Agreement, Any batteries manufactured by
other sources are expressly excluded from coverage under this Service Agreement. Physio Control cannot guarantee the
operation, safety andlor performance of our product when operating with a non Physio Control battery. Repairs and inspections
performed under this Agreement meet original equipment manufacturer's product specifications only when operating with
a Physio- Conuol battery. Any repairs, as determined by a Physio Control Service Representative, resulting from the use of a
non Physio Control battery, will be billed at our standard list prices for parts and labor, including actual travel charges
incurred.
Inspections are performed Monday thru Friday Sam to 5pm (excluding holidays).
Reference Number: 1_7I -2191 Renewal
Printed: 12/7/2009 P .e 10 of 110
86 ExHi; 95