Maintenance Protection Plan

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    BASi® Vetronics shall be responsible for the expenses of replacement parts and labor, except for those exclusions and consumables listed below. BASi® Vetronics may elect to have the covered instrument repaired at the BASi® Vetronics facility or send a certified service representative to the Buyer’s location. Transportation of covered equipment from a BASi® Vetronics facility via United Parcel Service or travel expenses of a BASi® Vetronics representative shall be borne by BASi® Vetronics. BASi® Vetronics will ship via ground unless special exceptions are made. User is responsible for return shipping plus insurance to BASi® Vetronics. Service calls under this agreement may be made during normal business hours at the Buyer’s location.

    BASi® Vetronics will provide the Buyer with updates to the software programs from time to time at no charge. These updates will include program improvements and new medical information as available. Updates do not include substantial new features or programs not now included in the programs; these will be made available to the Buyer as upgrades.

    BASi® Vetronics will provide the Buyer with toll-free consulting with staff consultants upon the Buyers request, within 24 hours of receipt of request, whenever reasonably possible. Requests for consultation may be made by telephone, letter, facsimile or other means, and shall be responded to by telephone, letter, facsimile or other means as appropriate. This service will be at no charge to the Buyer for up to four hours of consultants’ time per annual period; charges for service beyond the four hours (or 16 consultations) willbe made at the rate of $100 per hour.

    BASi® Vetronics will provide the Buyer with free subscriptions to the Tracings newsletter at no charge, in any reasonable quantity requested by the Buyer.

    At the request of the Buyer, BASi® Vetronics shall send the supplies listed below once during the term of the plan:
    1. 4 ECG alligator clips

    During the term of this contract, BASi® Vetronics will provide the Buyer with the use of an interim (“loaner”) ECG Analyzer or VitalScan Monitor for the Buyer’s use at no charge, if the Buyer so requests, during the period when Buyer’s equipment is under repair. Each party is responsible for prepaid shipping charges to the other party.

    The following items, which are consumed during normal operation, are excluded from the terms of this agreement:
    1. additional alligator clips
    2. ECG conductivity solution
    3. ECG patient cable
    4. blood pressure cuffs and hose
    5. respiration probe and t-connector
    6. temperature probe

    BASi® Vetronics shall not be responsible for repairs and maintenance made necessary by the following acts, conditions or circumstances:
    1. repairs or alterations to the instrument and its installation if performed by anyone other than a BASi® Vetronics authorized representative.
    2. poor facility, operating conditions or utilities
    3. decomposition of the instrument or its components due to chemical action not related to normal instrument usage.
    4. improper analytical procedures by the buyer
    5. damage to the instrument by the buyer
    6. any uncontrollable environmental conditions.

  9. TERMS
    This contract shall become effective upon receipt by BASi® Vetronics of the annual contract charge shown and shall continue for one full calendar year. Either party may terminate this agreement at any time by giving 30 days prior written notice to the other party. The unused portion of the contract charge shall be refunded, based on the remainder of the contract’s intended duration of one year minus the standard charges for BASi® Vetronics services covered by the contract. Buyer understands that alteration, attachments, or specification changes made to the covered instruments at the Buyer’s request may require an increase in agreement charges and agrees to pay such charges promptly when due. Buyer also agrees to notify BASi® Vetronics immediately of any instrument malfunction.

    Other than obligations set forth herein, BASi® Vetronics disclaims all warranties, expressed or implied, including any implied warranties of fitness for use or fitness for a particular purpose. BASi® Vetronics shall not be responsible for direct, incidental or consequential damage, including but not limited to, damages arising out of the use or performances of the instruments or the loss of the instruments.

    If the Buyer does not pay all charges for this contract promptly when due, BASi® Vetronics may refuse to service the equipment or furnish service on a C.O.D. “Per Call” basis at published rates. The Buyer also agrees to pay BAS’s costs and expenses of collection, including the maximum attorney’s fee permitted by law, on all delinquent charges pertaining to this contract.

    This agreement shall be governed by and construed according to the laws of the State in which negotiated, executed and performed. It constitutes the entire contract between the Buyer and BASi® Vetronics and may not be modified except in writing signed by duly authorized officers of the Buyer and BASi® Vetronics.