_ ONC NUMbCT''

FOr ANNUAL MAINTENANCE CONTRACT Of EChO MAChiNE

s2813A0149, Located at
MAKE: Philips, MoDEL: ctearvue 650, Serial Number:
Hospital & Research centre'
cardiology Department of Trichy sRM Medical college

MAKE / MODEL/

SERIAL No.

'l YEAR AMC FOR Uttrasound Phil.ips/

Machine: 60,180/-
For the period from Ctearvue/
(lnclusive of G.S.T
01.07.2018 to 30.06.2019 SZBl 3A0149 L8%\
_.....-
) (RuPees' SixtY Thous'anu ..''l lE nul lur su

General Terms & Conditions:

Period of contract: The contract is valid for oNE year with

effect from'01'07'2018 to
1.
30.06.2019. This may be renewed from year to year subject
to rendering of satisfactory
period of AMC, in case there is a
service & fulfilling the terms & conditions. During the
is liable to be terminated
deficiency in service as experienced by the customer, the AMC
by the customer with immediate effect with a communication
to the service Provider to
this effect"
2. Scope ofthe Contract:
planned maintenance to keep
(l) Under this Agreement Service Provider shall provide
the Customer's equipment in good working order'
(ll) For planned maintenance service Provider shall make visits on dates
mutually

convenient to Customer and Service Provider' During

these planned
maintenance
maintenance calls service Provider may also undertake breakdown
work whet:ever Possible.
of spare
(lll)Breakdown calls shall cover rectification of the faults subject to availability
parts with the Customer. lt does not include major overhauls including
but not
which will be
limited to shifting of Equipments, reinstallation at other sites, etc.
charged for separately on basis of estimates of repair submitted
to Customer'
(lV)Service Provider will depute their Cusiomer Support Engineer for breakdown call

within reasonable time from receipt of the call from Customer'

due to non-
Service Provider shall not be responsible for delay in servicing
like at the event of
availability of spares or due to any reasons beyond its control
natural calamities, strikes, etc '

rr**'t !@{-
i trEAN
TRICHY SRM MEDICI{L
 normal working hours i'e' from
(V) Service Provider's service shall be provided during
g.00a.m.to5.00p.m.excludingweeklyandpublicholidays.Thecustomer
should register a complaint with our customer
care Solution eenten at oun Toll
from the time the
free tr{umber 18004196788. Working hours shall be neckoned
CustonnerSupportEngineerleavesServiceFrovideruntiIhereturnsto
Headquarters.
be charged extra at double
(vl)overtime work beyond normal working hours shall
Service Provider's hourly overtime rate' The
overtime charges will apply only in
provider Engineers to work beyond the
the event customer desires service
normal working time to complete repairs'
(vll) service work not covered under 'this contract shall be charged at service
expenses at actual'
Provider,s standard ruling rates plus the travel
(vill) Any defects in the electrical installation and/or
wiring outside the equipment(s)
orpowersupplyfluctuationorequipmer.tnotcoveredbythisAgreementwillbe
rectified by Customer at his own cost'
environment conditions as
(lx) lt shall be customer's obligation to provide proper
service Provider shall not
advised at the time of installation of the equipment(s).
be responsible for any damage or loss or malfunctioning
of the system or
Equipmentduetonon-availabilityofproperenvironmentalconditions.
(X)ServiceProvid.ershallnotberesponsibletocarryouttherepairswhere:

other than
o Repairs and/or modifications are required due to applications/usages
those for which the equipment is designed'
o The equipment is opened/serviced/repaired or modified
by any unauthorized
agencY/Personnel '
(like Earth Quake, Floods'
o The equipment has been disabled by Natural calamities
neglect or misuse, failure of
Fire, riots etc), accidents, explosion, tampering,
causes other than ordinary
electrical power, air-conditioning, humidity control or
use.
parts are not available' ln Service
oNaturalwear and tear has taken its toll' Necessary
Provider's opinion, equipment is irreparable'
faulty
(xi) Service Provider shall not be liable for any loss, direct or indirect due tonot be
Provider shall also
operations/application of the equipment(s)' service
consequential damages of
responsible for any indirect, special, incidental, or
for loss of goodwill' work
any character including, without limitation, damages
and all other commercial
stoppage, equipment failure or malfunction, or any
have been informed of the
damagds or losses, even if Service Provider shall
possibilityofsuchdamages,orforanyclaimbyanyotherparty.Further,inno
provider or its employees or agents under any
event shall liability of Service
charges paid to
provision of this agreement exceed the service or maintenance
Service Provider for the annual maintenance'

DEAN
*#L"Jo",'ff HffLfih"
/ (xii) The Agreement shall be entered into by sERVlcE PROVIDER after
checking the equipment for its satisfactory working. lf any repairs are
considered necessary to bring the equipment(s) in good working
condition before taking over for service contract purposes, such repairs
will be charged for separately. This clause shall not apply if the
Agreement is entered immediately after the expiry of warranty period
or at the time of renewal of an existing Agreement with Service
Provider.
(xiii) Customer will give to Service Provider Customer Support Engineer full
access to the equipment(s) to enable him provide maintenance service.
Customer will provide to Service Provider Customer Support Engineer
all necessary operating and service manuals for the equipment(s)
covered by this contract. Customer will provide full support and
acceptance to Service Provider to access the equipment (s) through
Philips Remote Service network to monitor system performance and
utilization whenever applicable: Also assistance by Customer's staff
working on the system familiar with the programs will be extended to
Service Provider engineer as and when required.
(xiv) ln case repairs are not possible at site, the equipment / subassemblies /
field replacement units may be brought to Service Provider's workshop
. for repairs. ln such a case all transportation charges and insurance
charges will be to Customer's account. The equipment will at Service
Provider's premises at Customer's risk. However, if the Customer so
desires, Service Provider shall arrange an insurance cover at Customer's
cost.
(xv) Accessories like ECG cables, probes,(other than what is specified) cuffs,
tubing, inter paddles, pacer pads etc. Service Provider for re-exporting
(xvi) lf the part(s) supplied are under exchange program, the defective
part(s)will be retained by Philips lndia Limited For re-exporting.

ASSIGNMENT:
The customer shall not assign this agreement or any part thereof or any benefit there
under to any third party without written consent of Service Provider.

ln the event of change of ownership of the equipment this agreement stands

terminated and no refund of any amount shall be made to the Customer.

MOVEMENT OF SYSTEM TO A NEW LOCATION:

No equipment or part thereof shall be moved from the location mentioned in this
agreement without written consent of Service Provider. ln case of change in location,
Service provider shall [ave the right to terminate this agreement and/or revise the
maintenance charges,

tn{dNt!
'DEAN
TRiCHY SRTJI MEDTCAL
ciilebc HosPrrAi'-tND
 All charges and expenses for movement of the equipment to the new location and
charges for dismantling, reinstallation, checking and commissioning shall be payable
by the Customer. Transit insurance also shall be the responsibility of the'Customer.

SPARE PARTS:

This Agreement does not cover supply of any spare parts by Service Provider.
Adequate inventory of spare parts shall have to be maintained by Customer and shall
be made available to Service Provider Engineers for quick and efficient maintenance.
Philips lndia Ltd., shall assist Customer in making a list of inventory of spare parts to
be maintained by Customer, 3rd Party ltems are not covered in this contract.

lf material or parts are required to be imported, such imports shall be to the

Customer's cost and responsibility.

(l) Payment Term:

For AMC, payment will be made on yearly basis, for one year Rs.60,180/- in advance.

( lt) Replacement of Parts: Maintenance of the Equipments includes supply & replacement of
parts borne by the customer. However the servicing agency may provide such
components and the price may be fixed at the time of signing of AMC at the time of
replacement, based on the original bills of 'Purchase/Proforma lnvoices from authorized
dealers of such components. For AMC, cost of the spares will be borne by the customer.

(lll) Preventive Maintenance: Periodical preventive maintenance shall be carried out by the
Service Provider as per the check list of deliverables to be provided by the Service
Provider to the Customer. The periodicity of preventive maintenance is 2 (TWO)
Preventive Maintenance Services Per annum and any number of breakdown calls, All
break down calls shall be attended. For AMC, cost of the spares will be borne by the
customer

(1v) Quality of Spares: The parts replaced must be new and be equivalent.to performance of
existing parts in the equipment. Such spare parts should be procured from the dealer
authorized by the equipment manufacturer, the evidence of which needs to be
produced on demand by the customer. For AMC, cost of the spares will be borne by
the customer.

(V) Additional Charges: The AMC cost includes the traveling cost for rendering service
throughout the year for one or all locations & for one or all systems.

(Vl)Statutory Levies / Deductions: The AMC cost includes all statutory levies if any, charged by
State or central Govt. for rendering this type of service. All applicable taxes/charges like
Tax Deduction at Source lfOSl witt be effected before disbursing the payment by the
customer to the Service Provider.

Su"oli'eb---
DEAN
rgIF!{Y SRM MEDICAL
 (Vll) Working Hours: The maintenance work shall normally be done during working hours of
the customer. However, in case of emergencies, maintenance may have to be carried
out by the Service Provider even beyond office hours and on holidays. ln such cases,
prior arrangemerit through proper communication should be ensured in.all such cases
by the Service Provider.

(Vl1) Reporting Authority: The Service Engineer will be allowed to handle the respective
equipments only with permission of the officer in-charge of the equipment.

(lX)Response Time: The Normal response time for repair by the Service Provider is 24-hours
from the actual time of reporting the problem by the customer.
2, RENEWAL:

On expiry of the period mentioned earlier, this Agreement stands automatically

renewed on a year-to-year basis subject to mutual consent/revision of charges unless
notice of termination is given as in clause B. Our Standard price Escalation is TOYo over
Last Year's Tax excluded Price (same configuration).

TERMINATION:

This contract may be terminated at any time by either party on serving 30 days prior
written notice to other party.

ARBITRATION:

r1 Any dispute, controversy or claim arising out of or in connection with this

Agreement, or the breach, termination or of interpretation or meaning of any
term hereof or as to any claim by one against the other, or otherwise or
invalidity, the disputing Part shall give written notice to the other Party to
resolve or settle such dispute through mutual discussion and negotiations. lf no
settlement can be reached within 30 calendar days after such dispute has arisen,
then the same sh'all be refereed to sole arbitrator to be appointed by Philips
lndia Ltd., with concerned of the customer and the arbitration shall be governed
by the Arbitration and Conciliation Act, 1996. The place of arbitration at Chennai.
The language to be used in the arbitration proceedings shall be English.

r)This Agreement shall be governed by the lndian laws.

Wg/r-
DEAN
TRICHY SRIVI MEDICAL
GCLLEGE I+OSPITAL AND
RESEARCH CENTRE
Irungalur, Trichy-621 10S.
 REGULATORY COM PLIAN CE:
PNDT COMPLIANCE :

t)The Customer have read and understood the regulations under following Act and
Rules :

a) The Pre-natal Diagnostic Techniques (Regulation and Prevention of Misuse)

Act 1994.
b) The Pre-natal diagnostic Techniques (Regulation and Prevention of Misuse)
Rules, 1996.
c) Pre-natal Diagnostics Techniques (Regulation and Prevention of Misuse)
Amendment Act, 2002.

a) The Pre-natal Diagnostics Techniques (Regulation and Prevention of Misuse)

RULES,20].1.
1)The Customer shall assure to take appropriate action to comply with regulation by
taking following actions:

a) Customer shall ensure to communicate to Appropriate authority (PC &PNDT)

regarding any further inclusion of
ultrasound machines/imaging
machines or any other equipment, capable of detecting sex of foetus
inclusion to institution and ensure to complete registration.

b) The Customer shall ensure to send to the concerned Appropriate Authority,

once a month a complete report in respect of preconception and
pregnancy related procedures conducted by them in respect of each
month by 5th days of following month.
c) The Customer shall ensure to maintain valid PC &PNDT registration issued for
its Diagnostic Centre / Hospital and ensure that such equipment shall
not be used by any non authorised person. The Customer shall ensure
to submit application for renewal within thirty days before the date of
expiry of the certificate of registration, copy of Acknowledgement of
receipt of such application issued by the appropriate authority to be
provided to Philips.
d) The Customer shall ensure to inform the Appropriate Authority as per law
prior to disposal of existing US unit either to Philips or to any other third
party.
e) Customer shall strictly comply with the provisions of Pre-natal Diagnostic
Techniques (Regulation and Prevention of Misuse) Act L994, 2003 and
Ru1es1996,2011 and shall indemnify and keep Philips lndia Limited and
its officers indemnified against any claim whatsoever that may arise
due to our failure or noncompliance with the requirements of Pre-natal
Diagnostic Techniques (Regulation and Prevention of Misuse) Act 1994,
2003 and Rules 1996, 2011.

//1,@\fh{fr-.-
DEAN
.TRICHY SRM MEDICAL
Cnl I E,tr t:rrcnr+-,
 AERB COMPLIANCE:
l)The Customer has read and understood the AERB Regulations issued by the Atomic
Energy Regulatory Board mentioned below:(i)Atomic Energy Act,
1962(ii)Radiation Protection Rules, 1971(iii)Radiation Surveillance
Procedures For Medical Applications of Radiation, 1989(iv)AERB Safety Code No.
AERB/SC/MED-2 ( Rev-1) 2001.

1)The Customer will be responsible for ensuring radiation safety in work area,
avaitability of RSO and qualified personnel for handling of X-ray equipment, and
providing them requisite equipment and facilities to discharge their duties. The
Customer shall also be responsible for ensuring that personnel monitoring
devices are made available to the radiation workers. He/she shall inform the
competent authority of any change in equipment or staff including RSO.
The Customer shall ensure that persons handling medical X-ray diagnostic
equipment duly abide by the provisions of AERB SAFETY CODE NO.
AERB/SC/MED-2 (Rev. 1); AERB/RF-MED/SC-2 (Rev. 2) and its amendments.

The Customer shall also implement any other measures of safety as the
competent authority may stipulate at any time in each individual case, without
delay.
v)Under no circumstance the Customer shall allow for servicing / lnstallation of
medical equipment without having lay out approval from AERB.
The Customer shall be solely and exclusively responsible for carrying out
Acceptanc'e test once in two years as per AERB.
The Customer shall be solely and exclusively responsible for further compliance
of the medical equipment and shall indemnify and keep Service Provider and its
members indemnified against any claim whatsoever that may arise due to failure
or non-compliance with the requirements of the Atomic Energy Act, 1962 &
AERB SafetyCode No. AERB/SC/MED-2 (Rev-1) 2001, AERB/RF'MED/SC-2 (Rev. 2)
and its amendments.

3. CUSTOMER INFORMATION
Service Provider GST #:AABCP94B7 AIZG

Customer email id for digital invoice:

Customer contact number for commercial communication:

CONTAGT ADDRESS:
For this contract please contact:

Name:

Title:

Tel. No.:

Mobile:

drtsortqe
DEAN
rErraLrv ceal Rnrnlnal
 Signed bY:
Title:
ntrgpfi5$hv:

Philips lndia Limited ' ' .

Address:

Tel.:
(x)
Date:

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