MEDISERVE WARRANTY - TERMS AND CONDITIONS

Equipment located outside the UK mainland is excluded from this tariff and will be quoted individually.

1. Cover is provided by Numed Cardiac Diagnostics (The Company)

2. The cover includes:

• a) Unlimited number of requests for Hardware Technical support during normal working hours (9am-5pm excluding public & National holidays). When ever possible, problems will be diagnosed and rectified over the telephone. If this is not possible arrangements will be made to either ship the equipment to the Company or make a site visit to rectify the problem (dependent on the level of cover).
• b) For contracts covering Parts and Labour, the free and automatic repair or replacement of any part of the equipment covered which has failed during normal working use, excluding batteries and consumables. Neglect, misuse or abuse will not be covered.
• c) Where applicable, unlimited Software support is provided for software packages distributed specifically by the Company. Limited support is available for packages supplied as part of the Computer package as supplied to the Company. (Eg. Word processing packages)
• d) Free use of loan equipment (subject to availability) where a repair cannot be affected within 48 hours of receipt of the faulty equipment.

3. The cover excludes:

• a) Any items not purchased from the Company
• b) Software not included as part of the original or subsequent purchases from the Company
• c) Any problem or reconfiguration of software or hardware caused by the introduction or installation of software not supplied by the Company
• d) Any problem or reconfiguration of software or hardware caused by viruses introduced by the introduction or installation of software not supplied by the Company
• e) Damage caused in transit to the Company from the Customer
• f) Consumable & Expendable items including, but not limited to, cables, leads, filters, cells, sensors, batteries, cuffs, tubing, electrodes and styli.
• g) The company shall not be held liable for the loss of any data. It is the Customers responsibility to see systems are regularly backed up to an external storage media.
• h) Any parts damaged by the Customer due to neglect, misuse (including failure to follow the manufacturers instructions), unauthorised modification of the equipment, or connection or addition to the equipment of unauthorised peripheral equipment.
• i) Non-mandatory software or hardware amendments to equipment as originally supplied.
• j) Modifications to the equipment required as a result of mandatory or statutory regulations not in effect at the time of original supply of the equipment.

The Company's decision in these matters shall be final and binding on the Customer.

4. The Customer shall:-

• a) Promptly notify the Company of all faults and defects in the equipment.
• b) Conscientiously carry out the routine operator maintenance programmes specified in the equipment Operating Manual.
• c) Not maintain, repair, modify the equipment or attach unauthorised peripheral equipment, nor allow any third party to do so, without the written approval of the Company.
• d) Only use consumable or expendable items and accessories that are approved by the Company.
• e) Make available to the Company any of the documentation applicable to the equipment.
• f) Make payment of the Contract charges before commencement of the Contract and make punctual payment of any other charges arising as a consequence of this Service Contract or the provision of additional services.
• g) Make a regular back up of any data the Customer deems valuable to an external and reliable media (such as Zip disk or Optical Disk).

5. The Company shall if necessary repair or, at its option, replace on an exchange basis any component that shall have become defective or shall have reached the limit of its working life. In the event of any parts not being available, or the equipment being declared obsolete by the manufacturer, or the Company deems a repair uneconomical, the Company reserves the right to offer a replacement unit of similar specification. In the event of a similar unit not being available, or the unit offered not being acceptable to the customer, the Company will refund a percentage of that year's MediServe Warranty payment, in line with the cancellation charges available on request.

6. All components replaced or exchanged shall become the property of the Company.

7. The Company will endeavour to remedy any breakdown, failure or stoppage of the equipment as promptly as it is able and will endeavour to maintain the equipment in good working order but the Company shall not be under liability for any delays or for failures attributed to the causes beyond its control. In the event of delay due to unavailability of Manufacturers parts or slow turn-round the Company will endeavour, at its discretion, to provide an alternative service by:

• a) Loan equipment
• b) Processing Service

8. On-site visits, where applicable, shall be made at a time mutually agreeable to the Company and the Customer. On completion of the service visit the Customer will be required to sign a copy of the Service Engineer's Report, which shall be evidence of the satisfactory completion of the work described therein.

9. When an on-site visit has been arranged, a surcharge will be made if the Service Engineer is unable to gain adequate access to the equipment at the time appointed for the visit, or if it is necessary for safety or other reasons outside the Company's control, to provide more than one Service Engineer. The surcharge shall be calculated at the Breakdown Service rate per additional visit or Engineer.

10. The Company will present an invoice for the Contract charges for subsequent years of the Contract approximately three months prior to the end of the existing Contract period. From the first and subsequent anniversaries of the Contract unless the Customer shall have given the Company 28 days written notice (expiring on or before the end of the Contract period then current) of its intention to terminate the Contract the same shall continue for a further period of one year and the same provisions shall apply from year to year.

11. This Contract between the Company and the Customer and cannot be transferred or assigned to a third party without the express written permission of the Company.

12. Either party may terminate the Contract by giving the other party 28 days notice in writing. In the event of termination by the Customer no refund or reduction of charges rendered shall be permitted, unless due to neglect by the Company in which case a prorated rebate equal to the unexpired portion of the Contract will be given. In the event of termination by the Company a refund or reduction in the charges rendered will be made which at the Company's discretion it considers to be equitable.

13. This Contract shall terminate immediately if the Customer becomes insolvent, unable to pay his debts or commits any act of bankruptcy or if the Customer fails to pay by the due date any charge arising from this Contract.

14. All charges are stated exclusive of Value Added Tax, which shall be added at the rate applicable on the date of invoicing.

15. Unless otherwise agreed in writing by the Company, these Terms and Conditions take precedence over the Terms and Conditions of the Customer's enquiry or purchase order.

16. This Contract shall be subject to English law and the jurisdiction of the English Courts.

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