1) Hourly labor charges are for work performed, thus additional time required to correct any particular problem, or any additional problem is billable . Invoices are due at the time of presentation unless credit has been established. Open account invoices paid after 30 days from date of invoice will incur a late fee of $25.00 plus 2% chargeable on the 31'st day after invoice date and an additional 2% on the current balance will be charged to the account each 30 days thereafter. Accounts 30 days in arrears are, at the option of Advanced Medical Imaging, (hereafter referred to as vender) subject to the loss of any discounts originally offered. Delinquent accounts are subject to collection and or litigation. Venue of jurisdiction is Monroe County New York. Where a corporation or other separate entity is the customer, the officer or employee signing this contract includes a personal guarantee for payment. In the event that the personal guarantee is executed, the vender will render all reasonable assistance to obtain reimbursement to that officer or employee from that corporation if reimbursement is appropriate. Equipment sold or serviced by vender is, or becomes and remains the property of Advanced Medical Imaging until the associated invoice is paid in full. Advanced Medical Imaging shall not be denied access to that equipment or possession of that equipment for any purpose including partial or complete removal from the customer’s location or to disable the system in the event that payments are not made as agreed. No use, service, or other activity is permitted of this equipment that is not authorized by Advanced Medical Imaging. The vender has the right to sell the aforementioned equipment and proceeds minus sales and labor costs will be applied toward the balance due. In this industry sales and labor usually constitute the vast majority of the final cost of used equipment transactions and sales and labor will be charged at the same rate as is charged for other arms length sales. Vender retains the right to collect any remaining balance due after said sale. Equipment not immediately saleable will be assigned a value by vender, or a similar vender will do assign a value at arms length from both parties at the request and expense of the customer. Sales of outmoded or items in need of repair are sufficiently difficult as to render many items of no value. Any excess proceeds from aforementioned sale after sales costs, labor costs, interest, and satisfaction of the delinquent balance will be distributed to the original delinquent customer. Use of the equipment by the customer constitutes acceptance by the customer with regard to functionality. Equipment that is adequate for patient use, is deemed adequate for immediate payment despite the fact that some cosmetic items, or service not not impacting safety or efficacy remain to be accomplished. These less essential tasks may be completed as time permits in accordance with the needs of the customer or vender. The nature of medical equipment service is such that on occasion a delay may be required to complete the some portion of an installation or service event while other more essential tasks are performed. Quality assurance, preventative maintenance, and any other work that can be scheduled will incur a fee, ( not ordinarily less than $100.00) where timely efficient scheduling is not agreed upon. This does not mean that hourly charged labor is warranted to solve any particular problem and where a problem returns or persists after hourly service is performed this indicates that more hours of billable labor are required to solve the problem. Some types of problem require several service calls to locate and correct. Vender maintains a library including many service manuals, however the general practice and expectation is that a service manual will be maintained on site by the customer. Failure to do so often increases costs and service calls.

Contracted work includes only those events and items written into the contract. Added work is billable. Requests made by the customer during the course of the contract that require additional time either on sight, or in Advanced Medical Imaging’s office, or at any other location may be billed at the current labor rate in addition to the contracted price. Parts or products that are time consuming to locate or procure may result in a procurement fee. Office work such as preparation of bid specifications, quotations, telephone consultation, site planning, drafting of plans etc. requests for redundant planning, redundant estimating, or any other expenditure of office time not normally included by Advanced Medical Imaging may result in additional fees. Where Advanced Medical Imaging provides technical specifications, instruction, sight planning instruction or any other communication to the customer or it’s employees, hires, or other individuals as a part of a contract, that instruction is limited to a single conveyance of the required information. Requests for redundant instruction for the above purposes or any other purpose will result in additional fees paid by the customer. Items borrowed or rented from AMI must be returned in the same condition. Any repairs or replacement are the responsibility of the customer.

 

2) Due to the large number of other entities that AMI is dependent upon , and the complexity of the work time of completion can vary and is not guaranteed for equipment installations, supply, or service. Failure to complete site preparation prior to the onset of installation or service may result in delays and added expense. Interference with the engineer/s and other personnel performing installation and repairs may result in delays and added expense. Radiology engineering is professional, high tech, complex, intellectual work with sufficient challenges of it’s own. By accepting Advanced Medical Imaging as a vender the customer is contracting and promising not to hinder or interfere with the work. Time and expenses resulting from hindrance or interference will be billed to the customer. The customer often needs to know approximately how long a service or installation event will take to complete and vender will attempt to approximate a time of completion. This is not to be construed as a promise or contract in any way. AMI currently completes work within the time period approximated more often than is common in this complex engineering field but on occasion work will take longer than is anticipated. It is the responsibility of the customer to have a standard operating procedure in place for periods when radiographic equipment is not operable. An expedite fee will apply to events that cannot be scheduled into an efficient time slot. The fee will be equal to the additional expense required to meet that purpose as determined by vender. All offers are subject to availability of the equipment and services specified. By receiving goods or services or by signing a contract for service or goods the owner/s of a corporation include a personal guarantee for payment for products and services provided. All sales are final.

 

3) The customer agrees to the current billing rate of two hundred dollars per hour ($150.00) retail and one hundred fifty dollars ($120.00) per hour wholesale paid in advance. Vender may discount labor rates. Such discounts do not imply continued discounts on subsequent service events. Rates are subject to change without notice. The aforementioned labor rate is subject to change without notice with regard to subsequent service events. Travel time is billable at that same rate. Chargeable time begins when the service engineer/s leave Advanced Medical Imaging’s Rochester office and ends when they return to that same office. In the event that the engineer/s start or return to a different location travel time will be charged as if he/they did start and return from and to the Rochester Office. Any special reduced pricing will be regarded as a discounted price and that discount is subject to an increase to the normal current billing rate in the event that the amount is not paid within the agreed time period. COD customers shall pay when service is rendered, and those with 30 day billing arrangements shall pay within 30 days from the date of service. Some types of service may be billed at higher rates including service on bone mineral densitometers, image intensifier and imaging chain service and calibration, microprocessor board repair, mammography equipment, some types of digital radiography, and any other service that requires training, expertise, or equipment beyond the scope of general radiology engineering. Photographic evidence of work done will serve in leu of a signature when no representative of the customer is immediately available to sign or when paperless billing is used. Any employee or representative of the customer may request or sign for products or services provided and all the terms of this agreement will be in force as a result of that request or signature but except as aforementioned only the owner/s will be held responsible for payment unless those owners have previously excluded certain employees or representatives from such responsibility. No company with fewer than fifty employees will cause any of those employees to act in a supervisory capacity over any service engineer working for vender or permit any of their employees to believe this to be the case. Radiology engineering is a complex, challenging and specialized discipline that requires the combined cooperation of qualified customers and vendors. Interference by individuals not trained and or licenced is often counterproductive and costly.

 

 

4) Liability: Large facilities will be provided with a certificate of insurance upon request. Small facilities and large facilities not requiring a certificate of liability insurance will benefit from the reduced costs afforded by the following terms and conditions. Due to the size and weight of x-ray equipment, during installations, de-installations and other major service, minor damage to walls, and other items and structures in the vicinity of x-ray equipment may be unavoidable or impractical to avoid when the equipment is moved or serviced. Repair of such minor damage is the responsibility of the customer. Most customers are also doing some remodeling at the time of equipment installation and or de-installation and this adds little or no extra cost for them. On occasion it is necessary to remove portions of a wall or other obstruction in order to remove or install the x-ray equipment. This is the responsibility of the customer. If Advanced Medical Imaging does a portion of the removal or all of it, this does not obligate Advanced Medical Imaging to restore the wall or other structure. Most care providers are no longer using film and chemistry but for those who do the related terms and conditions will be provided at the time of service. Advanced Medical imaging will pay up to five hundred dollars ($500.00) toward the repair of more significant damage such as broken glass, holes in walls larger than four inches square where such damage could have been avoided without excessive caution. If the customer requires additional coverage beyond $500.00 for the building or other items in the vicinity of the x-ray equipment arrangements must be made prior to the onset of work for each job.

It is the responsibility of the care provider to test medical equipment operation and functionality, obtain instruction on the use of medical equipment, familiarize all operators with the particular piece of equipment to be used, and determine the efficacy and safety of medical procedures utilizing medical equipment. Advanced Medical Imaging accepts no responsibility for the ultimate use of equipment serviced and or sold. The care provider is responsible for maintaining operators manuals and other pertinent literature, posting technique charts, instructions, warnings, etc. where applicable. It is strongly recommended that equipment be tested routinely, and whenever any question as to the condition of equipment is suspect corrective action be taken utilizing artificial patient equivalent phantoms or devices and with the assistance of service or applications personnel as required. Personnel in the process of familiarizing themselves with equipment or receiving instruction are encouraged to do so utilizing artificial patient equivalent phantoms or devices rather than during actual patient care. Such phantoms may be made available for use from vender for rent, loan in combination with a purchase, or for sale.

 

 

5) Work is warranted to be performed in a manner consistent with professional techniques and methodologies. Parts materials supplies and assemblies and complete systems or pieces of equipment are subject to the manufacturer’s warrantee. Advanced Medical Imaging warrants labor supplied for a period of 90 days from completion, unless otherwise stated in writing, and will at it’s option make labor corrections or provide a refund. Vendor retains the right to prorate refund amounts where it demonstrated such to be appropriate. The aforementioned labor warrantee applies only in the event of an error on the part of the vendor and does not apply to additional labor required to correct any other physical defect or inadequacy. Some physical defects do not become evident immediately. This is particularly common in the event of an intermittent problem. Where materials parts or any other items are warranted either through the manufacturer, or by Advanced Medical Imaging, or otherwise, the equipment or system must be serviced entirely (all labor and parts supplied) by Advanced Medical Imaging or by individuals or entities authorized by Advanced Medical Imaging to be eligible for warrantee service. Advanced Medical Imaging utilizes both component level troubleshooting as well as board level and will ordinarily be more cost effective and expeditious than other vendors that emphasize only board level repairs in situations where they are not responsible for supplying the parts; essentially all vendors use this board level approach when it is available to them at no additional cost. Good radiology equipment component level troubleshooting skills are uncommon and not readily available to most customers. Used equipment is not automatically warranted beyond functionality upon installation by vender although a 1 year conditional warrantee is usually provided by writing it into the contract. Refurbished equipment warrantees are 90 days unless otherwise specified. These time periods may be altered by stating so on the face of the original contract. Suspected defects must be reported to Advanced Medical Imaging and arrangements made for service, including access for service, within 30 days of discovery of the defect or suspected defect for any warrantee to apply. Advanced Medical Imaging is not responsible for payments to a third party for parts or labor to correct a warrantee issue. Service by another entity, abuse, uses other than those approved by Advanced Medical Imaging, damage by exposure to the elements, failure to use within manufacturer’s published storage and operational environmental and use specifications or any other unusual cause of failure out of the control of the vender will void the warrantee. Failure to perform preventative maintenance and calibration as per the manufacturer will void the warrantee. Advanced Medical Imaging is not responsible for failure/s of customer owned equipment that occur during service that are inevitable, or a result of existing conditions, or result in conjunction with interference with service personnel. Preexisting weaknesses in equipment often become evident during service or moving. These are not the responsibility of AMI. NY State law takes precedent over any part of this agreement deemed by unbiased officers of the court to be in conflict with that law.

 

6) Preferred customer discount requirements: Preferred customers will receive discounts or credits on some invoices. To be eligible for these discounts a customer must maintain a current account in good standing and must also must regard AMI as their preferred vendor i.e. invite Advanced Medical Imaging to bid and counter bid on all medical imaging and medical imaging related purchases. Future QA, maintenance, service, repair, consulting, etc. is hereby contracted between AMI and the customer at competitive or better prices for same service and or products.

 

 

7) Installations and some service events are labor intensive and for best efficiency 24 hour 7 day a week are absolute requirements. Customers who do not provide a means of entering and exiting the work area such as a key, access code, alarm instructions and code, etc. will be charged additional labor costs as they accrue. Work may cease until such individual and separate payment is received. Complete access during installations and some service events facilitates the accomplishment of tasks within reasonable time periods and prevents additional charges for travel and the cessation and restarting of work which often includes removal of tools, test equipment, and reassembly or partial reassemblies of the equipment under service.