Common use of Operational Terms and Conditions Clause in Contracts

Operational Terms and Conditions. 1. If this order is for medical equipment, the Supplier must comply with the following medical equipment conditions and specifications. These conditions are intended to insure that the Buyer and Supplier both understand the Supplier’s responsibility to provide necessary information and permit the user to deliver quality health care in a safe, efficient and cost effective manner. These conditions of sale are part of the request for quotation, purchase order or release. A. The equipment shall pass an electrical leakage test. American National Standard for safe current limit for clinical equipment, ANSI AAMI SCL 12-788. B. The equipment shall be supplied with a standard N.E.M.A. or UL approved 3-wire power line cord with a Hospital grade plug. C. The equipment shall pass all specification tests as advertised by the manufacturer of the equipment. All tests will be performed in the biomedical electronics laboratory of the Buyer by the Buyer’s bio-medical electronics laboratory staff and must meet all OSHA, NFPA 76B, National and State code requirements. X. Xxxxx shall have a sixty (60) day trial period in which to determine whether the equipment is entirely satisfactory, the trial period to run from the date of receipt of equipment by Buyer. The equipment must prove entirely satisfactory to the Buyer or the Buyer shall repack the equipment in the same condition as received, ordinary wear and tear accepted, and return to Supplier at Supplier’s expense. E. Supplier must furnish copies of operational manuals, copies of schematic drawings, maintenance service manuals, and parts lists. This material to precede or to be delivered with equipment. Supplier shall provide the necessary servicing and training on the equipment. F. If applicable, the vendor complies with FDA 510(k) and Good Manufacturing Practice (GMP)/Quality System requirements. 2. Supplier will not ship prior to any specified date, unless otherwise notified. If prices are higher than specified, Supplier will not ship but shall advise Buyer first. 3. It is agreed that goods ordered shall comply with all laws relative thereto and applicable Joint Commission standards and that Supplier will defend and save harmless the Buyer from loss cost of damage by reason of actual or alleged infringements of letters patents concerning same. 4. Goods rejected on account of inferior quality of workmanship will be returned to Supplier with charge for transportation both ways being the responsibility of the Supplier. Goods will not to be replaced except upon receipt of replacement purchase order issued by Xxxxx. 5. Goods are not accepted until inspection has been made by the Buyer not-withstanding prior payment to obtain cash discount or to confirm price. Goods may be rejected and returned if inspection shows they are not strictly in accordance with specifications accompanying this order. If impractical to make inspection at time of receipt of goods, this clause will apply whenever goods are unpacked. If inspection discloses defective goods, it is agreed that Buyer may cancel any un-shipped portion of order. 6. Buyer assumes NO RESPONSIBILITY for damage in shipment concealed or otherwise on goods covered by this order. The risk of loss shall remain with the Supplier until the goods are accepted by the Buyer. 7. Orders not shipped on dates specified may be cancelled by Buyer. In case order calls for partial shipment, balance may be cancelled or suspended upon notice, suspended shipment may be later taken out if on or before last shipment date specified. 8. Buyer will not accept over-shipments except when Xxxxx has been notified as to the quantity before shipping and Xxxxx’s permission has been received. If these conditions are not acceptable, please advise Buyer upon receipt of this order, and before shipment is made. 9. An itemized invoice is required for payment; invoice must agree with price and terms of this order. Discount is to be computed for receipt of each shipment or the correct invoice whichever is later, unless otherwise stated in order. 10. No charges allowed for boxing, crating or packaging. Freight charges will be deducted unless otherwise agreed to in writing. 11. Supplier agrees not to charge sales or property tax. 12. It is the responsibility of Supplier to immediately remove any and all litter or trash associated with the installation of product (s). 13. It is understood that Seller shall include the correct PO number on all invoices. Failure to put the correct PO number on the invoice may result in delayed payment. Such delayed payment will not cause any monetary or credit worthy harm to Buyer. In addition, failure of Supplier to provide an invoice to the correct address and with the correct PO within one (1) year of receipt of an item or service will result in the requirement for payment to be null and void. 14. The Supplier agrees that its product or products will be made and perform in a manner that meets the quality standards of Buyer. If it is determined that a product must be changed due to quality concerns of Buyer, the Supplier will not hold Buyer in breach of any agreement except that Xxxxx agrees to pay for any product utilized prior to the determination of quality issues. Supplier warrants that Supplier’s product or products do not infringe on any other party’s rights. 15. The Supplier will be paid within thirty (30) days of receipt of an undisputed invoice.

Operational Terms and Conditions. 1. If this order is for medical equipment, the Supplier must comply with the following medical equipment conditions and specifications. These conditions are intended to insure that the Buyer and Supplier both understand the Supplier’s responsibility to provide necessary information and permit the user to deliver quality health care in a safe, efficient and cost effective manner. These conditions of sale are part of the request for quotation, purchase order or release. A. a. The equipment shall pass an electrical leakage test. American National Standard for safe current limit for clinical equipment, ANSI AAMI SCL 12-788. B. b. The equipment shall be supplied with a standard N.E.M.A. or UL approved 3-wire power line cord with a Hospital grade plug. C. c. The equipment shall pass all specification tests as advertised by the manufacturer of the equipment. All tests will be performed in the biomedical electronics laboratory of the Buyer by the Buyer’s bio-medical electronics laboratory staff and must meet all OSHA, NFPA 76B, National and State code requirements. X. Xxxxx d. Buyer shall have a sixty (60) day trial period in which to determine whether the equipment is entirely satisfactory, the trial period to run from the date of receipt of equipment by BuyerXxxxx. The equipment must prove entirely satisfactory to the Buyer or the Buyer shall repack the equipment in the same condition as received, ordinary wear and tear accepted, and return to Supplier at Supplier’s expense. E. e. Supplier must furnish copies of operational manuals, copies of schematic drawings, maintenance service manuals, and parts lists. This material to precede or to be delivered with equipment. Supplier shall provide the necessary servicing and training on the equipment. F. f. If applicable, the vendor complies with FDA 510(k) and Good Manufacturing Practice (GMP)/Quality System requirements. 2. Supplier will not ship prior to any specified date, unless otherwise notified. If prices are higher than specified, Supplier will not ship but shall advise Buyer first. 3. It is agreed that goods ordered shall comply with all laws relative thereto and applicable Joint Commission standards and that Supplier will defend and save harmless the Buyer from loss cost of damage by reason of actual or alleged infringements of letters patents concerning same. 4. Goods rejected on account of inferior quality of workmanship will be returned to Supplier with charge for transportation both ways being the responsibility of the Supplier. Goods will not to be replaced except upon receipt of replacement purchase order issued by Xxxxx. 5. Goods are not accepted until inspection has been made by the Buyer not-withstanding prior payment to obtain cash discount or to confirm price. Goods may be rejected and returned if inspection shows they are not strictly in accordance with specifications accompanying this order. If impractical to make inspection at time of receipt of goods, this clause will apply whenever goods are unpacked. If inspection discloses defective goods, it is agreed that Buyer may cancel any un-shipped portion of order. 6. Buyer assumes NO RESPONSIBILITY for damage in shipment concealed or otherwise on goods covered by this order. The risk of loss shall remain with the Supplier until the goods are accepted by the Buyer. 7. Orders not shipped on dates specified may be cancelled by Buyer. In case order calls for partial shipment, balance may be cancelled or suspended upon notice, suspended shipment may be later taken out if on or before last shipment date specified. 8. Buyer will not accept over-shipments except when Xxxxx has been notified as to the quantity before shipping and Xxxxx’s permission has been received. If these conditions are not acceptable, please advise Buyer upon receipt of this order, and before shipment is made. 9. An itemized invoice is required for payment; invoice must agree with price and terms of this order. Discount is to be computed for receipt of each shipment or the correct invoice whichever is later, unless otherwise stated in order. 10. No charges allowed for boxing, crating or packaging. Freight charges will be deducted unless otherwise agreed to in writing. 11. Supplier agrees not to charge sales or property tax. 12. It is the responsibility of Supplier to immediately remove any and all litter or trash associated with the installation of product (s). 13. It is understood that Seller shall include the correct PO number on all invoices. Failure to put the correct PO number on the invoice may result in delayed payment. Such delayed payment will not cause any monetary or credit worthy harm to Buyer. In addition, failure of Supplier to provide an invoice to the correct address and with the correct PO within one (1) year of receipt of an item or service will result in the requirement for payment to be null and void. 14. The Supplier agrees that its product or products will be made and perform in a manner that meets the quality standards of Buyer. If it is determined that a product must be changed due to quality concerns of Buyer, the Supplier will not hold Buyer in breach of any agreement except that Xxxxx agrees to pay for any product utilized prior to the determination of quality issues. Supplier warrants that Supplier’s product or products do not infringe on any other party’s rights. 15. The Supplier will be paid within thirty (30) days of receipt of an undisputed invoice.