Service Terms & Conditions

CUSTOMER PORTAL 

 Auxo Medical will make available to the Customer an online Customer Portal. Customer should enter Service Call Requests and view Service Call Reports on the Customer Portal.  Customer may view covered equipment, non-covered equipment, find replacement parts including Consumable and Expendable parts. The Customer Portal will be located at auxomedical.com.

GENERAL EXCLUSIONS

This Agreement does not include welding or modification to A.S.M.E. coded vessels, door plates (including glass doors), renovation of equipment (including Modernization Packages), recall or safety related modifications specified by the OEM, or repair of damages caused by acts of God. This Agreement does not include Consumable parts or products (unless specified in the special section of this contract), e.g. detergents, sterilizer monitors, etc. This Agreement does not include any labor or material for service lines and fittings, equipment not set forth on this proposal or operating problems related to environmental conditions, e.g. electrical, steam, water, air, and/or ventilation that do not comply with equipment specifications. This also refers to any fault condition found by Auxo Medical, LLC technicians as a result of improper operation of the equipment by operating personnel. Repairs necessary as the result of neglect of improper operation of the equipment by the customer or its employees or agents are not included. Unless expressly stated in this Agreement, this Agreement does not include chamber cleanings or routine daily, weekly or monthly user maintenance recommended in the Operator’s or Owner’s Manuals for the indicated equipment. Such routine maintenance shall be considered the responsibility of the customer. Repair of equipment necessary because of customer failure to perform such routine maintenance is likewise not covered by this Agreement. This Agreement does not include software, software upgrades, control upgrades, door rebuilds, replacement generators, sonic transducers, non‐pressure vessel welding repairs, water tanks and reservoirs. This Agreement does not include repairs to the basic structure components of the equipment such as vessel / chamber, frame, stand, door or door plate. Any fault condition found by Auxo Medical, LLC technicians during Auxo Medical’s initial equipment inspection are not included.

WARRANTY EXTENSION

The acceptance of this Agreement by Auxo Medical, LLC does not extend liabilities which it would not normally otherwise assume, and particularly carries no representation or warranty, expressed or implied. Notwithstanding any provisions of this Agreement, Auxo Medical, LLC will not be responsible for any incidental or consequential damages of customer in the event of nonperformance by Auxo Medical, LLC hereunder.

PAYMENT AND PAYMENT TERMS

The annual fee for service under this Agreement shall be the amount set forth in the Quotation, and shall be payable either quarterly, annually or as indicated. PAYMENT TERMS ARE NET 30 DAYS FROM DATE OF INVOICE. Auxo Medical, LLC has the option to immediately cancel or suspend services of this Agreement if payment is not received within 30 days of date of invoice. If Customer does not pay an invoice when due, interest fees will be applied at a rate of two percent (2%) per month. Customer will be responsible for all reasonable collection and attorney fees if necessary. At the end of the Agreement Term, the fee for this Agreement shall be subject to a review and can be amended by Auxo Medical, LLC, based on the prevailing costs of labor and parts at the time of review. Customer will pay all Non-US sales taxes, export charges, import duties, and any sales, use, excise, value added or other taxes or assessments imposed by any governmental authority upon or applicable to any sale the Customer or it affiliates under this agreement (Unless the Customer provides Auxo Medical with an applicable resale certificate or other authorization that exempts a sale from such taxes), and all costs and charges for transportation, brokerage, handling, and insurance of the equipment from point of shipment.

EFFECTIVE DATE

The Agreement shall become effective on the date it is approved by Auxo Medical, LLC.

NORMAL WORK HOURS

This Agreement specified equipment maintenance be performed during normal work hours – 8AM through 4:30PM, Monday through Friday. Work performed on equipment listed above outside the scope of the contract will be billed at the preferred labor rate.

AFTER HOURS 

Work performed after 4:30PM through 8AM, Monday through Saturday, (excluding national holidays) will be billed at 1.5 times the preferred labor rate at a minimum of 4 hours.

EMERGENCY AFTER HOURS 

Emergency after hours work performed on a Sunday or national holiday will be billed at 2 times the preferred labor rate at a minimum of 4 hours.

NON-COVERED RELATED REPAIRS 

Work performed on equipment not listed will be billed at the prevailing rate(s). In the case of after‐hours or emergency after hours repairs, multipliers (times factors) as detailed in the aforementioned paragraphs shall apply. “Loaner” equipment may be made available to customer at the prevailing lease rate, subject to availability.

CUSTOMER PERFORMANCE 

Customer will make equipment available for preventive maintenance when scheduled twenty-four hours in advance.  If equipment is not available, Customer will pay Auxo Medical’s prevailing rates for additional travel and labor. Customer will make available any pass codes, security codes, keys or other items necessary for both equipment access and repair.

 SERVICE CALL REQUEST

Customer should request normal Unscheduled Maintenance via the Customer Portal.  Auxo Medical will respond to schedule service to normal Service Call Request within eight (8) business hours. Customers should request After Hours and Emergency Unscheduled Maintenance by calling 804-233-4424 extension 9.  Auxo Medical will respond to After Hours and Emergency After Hours Service Call Request within one (1) hour.

SERVICE CALL REPORT 

Auxo Medical, LLC will make the Service Call Report available on the Customer Portal within one (1) business day of Scheduled Maintenance or Unscheduled final disposition. The Service Call Report may include technician findings, equipment condition, parts consumed, and repair or resolution of fault condition.

WARRANTIES 

Auxo Medical warrants that it will perform the services in a professional and workmanlike manner using reasonable commercial efforts. Customer acknowledges and agrees that, with the exception of the limited warranty set forth in the preceding sentence and to the extent permitted by law, Auxo Medical has not made and makes no representation or warranty of any kind or nature, either oral or written, either express or implied, concerning the services, provided hereunder, and to the extent permitted by law, Auxo Medical specifically disclaims any and all other representations and warranties concerning services. Customer agrees that this provision is an integral part of Auxo Medical’s pricing and an important factor in its willingness to agree to perform the services hereunder.

LIMITATIONS OF LIABILITY

To the extent permitted by law, in no case shall Auxo Medical or Customer be liable to the other for any consequential or incidental damages incurred by the other, including but not limited to, loss of revenue, profits or goodwill. However, nothing contained in this Agreement is intended to relieve Auxo Medical from claims, liability, damages or expenses resulting from bodily injury, including death, or from property damage incurred due to the willful acts, the negligence of or strict liability of either party.

INDEMNIFICATION 

Auxo Medical agrees to defend, indemnify and hold Customer harmless from any and all claims, liability, damages or expenses due to personal injuries, including death to employees of Auxo Medical and Customer and for property damage to the extent of the willful acts or negligence of Auxo medical or strict liability of Auxo Medical.  Customer agrees to defend, indemnify and hold Auxo Medical harmless from any and all claims, liability, damages or expenses due to personal injuries, including death, to employees of Customer and Auxo Medical, and to third parties and from property damage to the extent of willful acts or the negligence of Customer or strict liability of customer caused by acts or omissions of customer.

TERMINATION

This Agreement may be renewed at the end of the initial term as described in Section 8 by written mutual agreement signed by both parties. Customer may cancel and terminate this Agreement, in part or whole, upon ninety (90) days written notice to Auxo Medical.  Auxo Medical may cancel and terminate this Agreement, in part or whole, upon ninety (90) days written notice to Customer. This agreement, and the parties’ duties and obligations hereunder, may be terminated by Auxo Medical upon the Customer’s failure to make payment under any undisputed portion of any invoice on the due date for such invoice and the Customer’s failure to cure such delinquency within ten (10) days following receipt of written notice thereof from Auxo Medical to Customer. Auxo Medical may not withhold performance or term this agreement if the Customer disputes any invoice or portion of any invoice in good faith and fails to pay such invoice while the dispute is pending.

GOVERNING LAW 

This Agreement shall be construed, governed, and interpreted pursuant to the laws of the Commonwealth of Virginia without regard to choice of law principles. Both parties agree that all disputes arising under this Agreement shall be brought before a court of competent jurisdiction located in Richmond, Virginia.

FORCE MAJEURE 

Neither party shall be liable to the other party for any delay, failure or inability to perform its obligations hereunder (except the obligation to make payment) due to any cause beyond its reasonable control, including but not limited to, utility failures, equipment breakdowns, fires, natural disasters, accidents, acts of God, acts of war, acts of party or its employees, contractors or agents.

AUTHORIZATION 

Each party represents that the person executing this Agreement on its behalf is fully authorized to do so, and that the conditions and covenants herein shall inure to the benefit of and are binding upon the parties, their personal representatives, successors and assigns.

NOTICES 

All notices and other communications required hereunder shall be in writing and delivered by personal deliver, electronic mail, facsimile or certified mail, postage prepaid, to the Auxo Medical. LLC hereto as set forth below. Any changes to the notification information below shall be promptly provided to the other party.

Auxo Medical, LLC
5401 Distributor Drive, Richmond, Virginia 23225
804-233-4424 888-420-9471 fax
service@auxomedical.com

ENTIRE AGREEMENT 

This Agreement, including exhibits if any, sets forth the entire understanding and agreement of the parties and supersedes and replaces any and all prior or contemporaneous, oral or written, agreements or understandings between the parties as to the subject matter of this Agreement.  This Agreement may be amended only by a writing duly executed by an authorized representative of each of the parties. Without limiting the foregoing, no term or condition contained in any purchase order or other sales documentation of Customer that is inconsistent, conflicts with, or additional to this Agreement shall be binding upon Auxo Medical, regardless of whether such document has already been or is hereafter acknowledged by Auxo Medical.

HEADING AND SEVERABILITY 

Section headings have been inserted for convenience only and shall not be considered in interpreting this Agreement. If any provision of this Agreement is found unenforceable or invalid, it shall be enforced to the maximum extent permissible without affecting the validity or enforceability of the remaining provisions hereof.

COUNTERPARTS 

This Agreement may be executed in one or more counterparts, each of which shall be deemed an original, but all of which together shall constitute one and the same instrument. A facsimile copy of a counterpart shall have the same effect as an original.

SERVICE AGREEMENT MODULES

ALPHA LEVEL

Comprehensive coverage as outlined below.

One (1) annual Scheduled Preventive Maintenance Labor and Parts
Four (4) quarterly Scheduled Preventive Inspections Labor
Unscheduled Maintenance Labor and Parts

SCHEDULED PREVENTIVE MAINTENANCE LABOR AND PARTS

Auxo Medical, LLC will perform one (1) Scheduled Maintenance activity annually. This maintenance will be performed by or under the supervision of Auxo Medical, LLC trained and certified technicians. Auxo Medical, LLC will rebuild or replace any Scheduled Maintenance designation part that has failed due to wear and tear or which requires replacement outlined by the OEM Service Manual. Each Scheduled Maintenance will be performed in accordance with established procedures and shall include Preventive Inspection of all equipment. All labor required accomplishing the Scheduled Maintenance, adjustments, lubrication, installation or rebuild of replacement parts and testing is included.  One (1) Scheduled Preventive Inspection will be performed simultaneous as Scheduled Preventive Maintenance.

EXCLUSIONS: (a) Any part not outlined by the OEM as a Preventive Maintenance part. Non-Preventive Maintenance parts may include electronics and heater elements. (b) Parts that are considered Consumable and Expendable. Consumable and Expendable parts may include but not limited to; door gaskets, filters, paper products, detergents, lubricants. (c) Any part with prevailing rate of more than $1,100.

SCHEDULED PREVENTIVE INSPECTION LABOR

Auxo Medical, LLC will include all labor to perform one (1) Preventive Inspection quarterly. This maintenance will be performed by or under the supervision of Auxo Medical, LLC trained and certified technicians as required by the OEM Service Manual. A detailed inspection of the overall equipment functionality during standby as well as during operation will be accomplished. Any defects will be documented and reported to the equipment owners via a Service Call Report. All labor required accomplishing the Scheduled Inspection is included. One (1) Scheduled Preventive Inspection will be performed simultaneous as Scheduled Preventive Maintenance.

UNSCHEDULED MAINTENANCE LABOR AND PARTS

Auxo Medical, LLC will provide all labor and parts to accomplish Unscheduled Maintenance (i.e. “Corrective” or “Trouble Call”) activities. These by definition are considered not to fall under the category of “Preventive Maintenance” or “Preventive Inspections”. Any defects will be documented and reported to the equipment owners via a Service Call Report. These activities will be performed by or under the supervision of Auxo Medical, LLC trained and certified technicians. All labor required accomplishing the Unscheduled Maintenance, adjustments, lubrication, installation or rebuild of replacement parts and testing is included.

EXCLUSIONS: (a) Parts that are considered Consumable and Expendable. Consumable and Expendable parts may include but not limited to; door gaskets, filters, paper products, detergents, lubricants. (b) Any part with prevailing rate of more than $1,100.

BETA LEVEL

Coverage as outlined below.

One (1) annual Scheduled Preventive Maintenance Labor and Parts
Four (4) quarterly Scheduled Preventive Inspections Labor
Unscheduled Maintenance Labor

SCHEDULED PREVENTIVE MAINTENANCE LABOR AND PARTS

Auxo Medical, LLC will perform one (1) Scheduled Maintenance activity annually. This maintenance will be performed by or under the supervision of Auxo Medical, LLC trained and certified technicians. Auxo Medical, LLC will rebuild or replace any Scheduled Maintenance designation part that has failed due to wear and tear or which requires replacement outlined by the OEM Service Manual. Each Scheduled Maintenance will be performed in accordance with established procedures and shall include Preventive Inspection of all equipment. All labor required accomplishing the Scheduled Maintenance, adjustments, lubrication, installation or rebuild of replacement parts and testing is included. One (1) Scheduled Preventive Inspection will be performed simultaneous as Scheduled Preventive Maintenance.

EXCLUSIONS: (a) Any part not outlined by the OEM as a Preventive Maintenance part. Non-Preventive Maintenance parts may include electronics and heater elements. (b) Parts that are considered Consumable and Expendable. Consumable and Expendable parts may include but not limited to; door gaskets, filters, paper products, detergents, lubricants. (c) Any part with prevailing rate of more than $1,100.

SCHEDULED PREVENTIVE INSPECTION LABOR

Auxo Medical, LLC will include all labor to perform one (1) Preventive Inspection quarterly. This maintenance will be performed by or under the supervision of Auxo Medical, LLC trained and certified technicians as required by the OEM Service Manual. A detailed inspection of the overall equipment functionality during standby as well as during operation will be accomplished. Any defects will be documented and reported to the equipment owners via a Service Call Report. All labor required accomplishing the Scheduled Inspection is included. One (1) Scheduled Preventive Inspection will be performed simultaneous as Scheduled Preventive Maintenance.

UNSCHEDULED MAINTENANCE LABOR

Auxo Medical, LLC will provide all labor to accomplish Unscheduled Maintenance (i.e. “Corrective” or “Trouble Call”) activities. These by definition are considered not to fall under the category of “Preventive Maintenance” or “Preventive Inspections”. Any defects will be documented and reported to the equipment owners via a Service Call Report. These activities will be performed by or under the supervision of Auxo Medical, LLC trained and certified technicians. All labor required accomplishing the Unscheduled Maintenance, adjustments, lubrication, installation or rebuild of replacement parts and testing is included.

GAMMA LEVEL

Coverage as outlined below.

Four (4) quarterly Scheduled Preventive Inspections Labor
Unscheduled Maintenance Labor

SCHEDULED PREVENTIVE INSPECTION LABOR

Auxo Medical, LLC will include all labor to perform one (1) Preventive Inspection quarterly. This maintenance will be performed by or under the supervision of Auxo Medical, LLC trained and certified technicians as required by the OEM Service Manual. A detailed inspection of the overall equipment functionality during standby as well as during operation will be accomplished. Any defects will be documented and reported to the equipment owners via a Service Call Report. All labor required accomplishing the Scheduled Inspection is included.

UNSCHEDULED MAINTENANCE LABOR

Auxo Medical, LLC will provide all labor to accomplish Unscheduled Maintenance (i.e. “Corrective” or “Trouble Call”) activities. These by definition are considered not to fall under the category of “Preventive Maintenance” or “Preventive Inspections”. Any defects will be documented and reported to the equipment owners via a Service Call Report. These activities will be performed by or under the supervision of Auxo Medical, LLC trained and certified technicians. All labor required accomplishing the Unscheduled Maintenance, adjustments, lubrication, installation or rebuild of replacement parts and testing is included.

DELTA LEVEL

Coverage as outlined below.

Four (4) quarterly Scheduled Preventive Inspections Labor

SCHEDULED PREVENTIVE INSPECTION LABOR

Auxo Medical, LLC will include all labor to perform one (1) Preventive Inspection quarterly. This maintenance will be performed by or under the supervision of Auxo Medical, LLC trained and certified technicians as required by the OEM Service Manual. A detailed inspection of the overall equipment functionality during standby as well as during operation will be accomplished. Any defects will be documented and reported to the equipment owners via a Service Call Report. All labor required accomplishing the Scheduled Inspection is included.

BIOMEDICAL TIER 1 LEVEL

Tier 1 is for the most critical equipment, such as life support and emergency devices (e.g., an automatic external defibrillator or anesthesia machine)

Coverage as outlined below.

Two (2) Bi-Annual Scheduled Preventive Inspections Labor
One (1) Annual Scheduled Electrical Safety Inspection Labor

SCHEDULED PREVENTIVE INSPECTION LABOR

Auxo Medical, LLC will include all labor to perform one (1) Preventive Inspection quarterly. This maintenance will be performed by or under the supervision of Auxo Medical, LLC trained and certified technicians as required by the OEM Service Manual. A detailed inspection of the overall equipment functionality during standby as well as during operation will be accomplished. Any defects will be documented and reported to the equipment owners via a Service Call Report. All labor required accomplishing the Scheduled Inspection is included.

SCHEDULED ELECTRICAL SAFETY INSPECTION LABOR

Auxo Medical, LLC will include all labor to perform one (1) Electrical Safety Inspection annually. This maintenance will be performed by or under the supervision of Auxo Medical, LLC trained and certified technicians as required by the OEM Service Manual.  Auxo Medical will inspect the ground resistance and electrical current leakage.  Any defects will be documented and reported to the equipment owners via a Service Call Report. All labor required accomplishing the Scheduled Inspection is included.

BIOMEDICAL TIER 2 LEVEL

Tier 2 is for common use equipment, such as blood pressure monitors and heat therapy units.

Coverage as outlined below.

Two (2) Bi-Annual Scheduled Preventive Inspection Labor
One (1) Annual Scheduled Electrical Safety Inspection Labor
One (1) Annual Scheduled Calibration Inspection Labor
One (1) Annual Scheduled Cleaning Labor

SCHEDULED PREVENTIVE INSPECTION LABOR

Auxo Medical, LLC will include all labor to perform one (1) Preventive Inspection quarterly. This maintenance will be performed by or under the supervision of Auxo Medical, LLC trained and certified technicians as required by the OEM Service Manual. A detailed inspection of the overall equipment functionality during standby as well as during operation will be accomplished. Any defects will be documented and reported to the equipment owners via a Service Call Report. All labor required accomplishing the Scheduled Inspection is included.

SCHEDULED ELECTRICAL SAFETY INSPECTION LABOR

Auxo Medical, LLC will include all labor to perform one (1) Electrical Safety Inspection annually. This maintenance will be performed by or under the supervision of Auxo Medical, LLC trained and certified technicians as required by the OEM Service Manual.  Auxo Medical will inspect the ground resistance and electrical current leakage of the equipment.  Any defects will be documented and reported to the equipment owners via a Service Call Report. All labor required accomplishing the Scheduled Inspection is included.

SCHEDULED CALIBRATION INSPECTION LABOR

Auxo Medical, LLC will include all labor to perform one (1) Calibration Inspection annually. This maintenance will be performed by or under the supervision of Auxo Medical, LLC trained and certified technicians as required by the OEM Service Manual. Auxo Medical will measure and / or test the output of the equipment. Any defects will be documented and reported to the equipment owners via a Service Call Report. All labor required accomplishing the Scheduled Inspection is included.

SCHEDULED CLEANING LABOR

Auxo Medical, LLC will include all labor to perform one (1) Cleaning annually. This maintenance will be performed by or under the supervision of Auxo Medical, LLC trained and certified technicians as required by the OEM Service Manual. Auxo Medical will remove dust and debris from air filters and exhaust ports. Any defects will be documented and reported to the equipment owners via a Service Call Report. All labor required accomplishing the Scheduled Inspection is included.

BIOMEDICAL TIER 3 LEVEL

Tier 3 is for equipment that has little to no risk, such as a patient scale

Coverage as outlined below.

One (1) Annual Scheduled Electrical Safety Inspection Labor

SCHEDULED ELECTRICAL SAFETY INSPECTION LABOR

Auxo Medical, LLC will include all labor to perform one (1) Electrical Safety Inspection annually. This maintenance will be performed by or under the supervision of Auxo Medical, LLC trained and certified technicians as required by the OEM Service Manual.  Auxo Medical will inspect the ground resistance and electrical current leakage of the equipment.  Any defects will be documented and reported to the equipment owners via a Service Call Report. All labor required accomplishing the Scheduled Inspection is included

 

Last updated: September 5th, 2019

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