SERVICE PLAN. each Instrument for $2,400.

Transcription

1 Immucor provides the following preventative maintenance and support services required as a result of normal wear and tear ( Services ) for the Galileo Echo Blood Bank System and Echo Lumena (each, an Echo System ); NEO Blood Bank System and NEO Iris (each a NEO System ) and Array Imaging System 1 ( AIS System ) (each, an Instrument ). Immucor provides Services for an Instrument during the applicable warranty period and for any additional years of support and service included in the customer agreement or purchased by the customer ( Service Period ). In addition, this Service Plan sets forth Immucor s service obligations with respect to the ImmuLINK Manage computer program ( ImmuLINK Manage ). 1. Telephone Support. Immucor will provide unlimited technical support by telephone through its technical support hot-line. Immucor technical support personnel are available 24 hours a day 7 days a week at IMMUCOR ( ). 2. Included Service Visits. Instrument Echo Systems NEO Systems AIS System Included Service Visits One preventative maintenance service visit for each Instrument per year at customer s facility, at no additional charge. Customer may purchase additional preventative maintenance service visits for each Instrument for $2,000. Unlimited service visits to customer's facility for any critical issue at no additional charge. Notwithstanding the above, if the performance issue is due to the failure of a CCP or an Echo Kit item or other ordinary operation issues for which the customer has been trained to fix, Immucor will provide onsite support one (1) time at no additional charge in order to assist the customer with the CCP or Echo Kit item replacement. Thereafter, Immucor may charge the customer for any service visits at the labor rates set forth in this Service Plan. Two (2) preventative maintenance service visits for each Instrument per year at customer s facility, at no additional charge. Customer may purchase additional preventative maintenance service visits for each Instrument for $2,400. Unlimited service visits to customer's facility for any critical issue at no additional charge. Notwithstanding the above, if the performance issue is due to the failure of a CCP or other ordinary operation issues for which the customer has been trained to fix, Immucor will provide onsite support one (1) time at no additional charge in order to assist the customer with the CCP. Thereafter, Immucor may charge the customer for any service visits for such issues at the labor rates set forth in this Service Plan. One (1) preventive maintenance service visit for each Instrument per year at customer s facility, at no additional charge. Additional on-site service visits for each Instrument during Standard Coverage Hours, to the extent Immucor deems necessary to maintain each Instrument in operational condition. 3. Service Visit Hours. Immucor will provide onsite service visits as part of the Services during Immucor s regular business hours (8:00 AM to 5:00 PM local time, Monday through Friday, excluding holidays ( Standard Coverage Hours ). 4. Response Time. Immucor will use reasonable efforts to schedule any service visits to occur during the first business day after Technical Support receives the request for Services from the customer. 5. Instrument Parts. a. Customer Changeable Parts (CCPs): The Parts attachment hereto includes a list of applicable customer changeable parts ( CCPs ). CCPs are parts that Immucor trains customer to repair and/or replace on its own. If any of the CCPs fail during the Service Period, Immucor will provide a replacement CCP to customer at no additional cost to customer provided customer follows the RMA Procedure below. Immucor will use reasonable efforts to have the replacement CCP delivered to customer's facility during the first business day after Immucor Technical Support confirms the need for the replacement CCP. Customer will be responsible for installing the replacement CCP. 1 The AIS System includes related software, Boekel Oven, Eppendorf 5430 Plate Centrifuge with Rotor Head, ABI Thermocycler-Veriti 96 Well, PCR Workstation, and Water Bath. Page 1 of 7

2 b. Echo Kits: At the time of the installation of the Echo System, Immucor will provide customer with a start-up kit containing the Echo kit items listed on the Parts attachment hereto (the Echo Kit ) at no additional charge. If customer uses any of the items in the Echo Kit to service the Instrument, customer must immediately reorder the used item at customer s cost. Customer acknowledges that this use-and-reorder process is necessary to keep the Instrument in service without unnecessary interruptions. c. Other Parts: Any other parts must be purchased by customer at the prices as stated in Immucor s published price list. d. Return Material Authorization (RMA) Procedure. To obtain a replacement part, customer must contact Immucor Technical Support to receive a Return Material Authorization (RMA) number, and return the failed part to Immucor using that RMA number and Immucor packaging and shipping instructions. No returns will be accepted without an RMA number written clearly on the outside of the box. e. Open Purchase Orders: To reduce the delay in shipment of parts, and to facilitate Immucor's response to a service call requiring customer payment, Immucor strongly recommends that customer issues an open purchase order for such items at the time of the installation of the Instrument or has a purchase order ready at the time of order. 6. Instrument Service Exclusions. Immucor may charge customer at the labor rates set forth below for any services if the Instrument is: a. modified in any way without Immucor's express prior written consent; b. moved or relocated without either Immucor's assistance or Immucor's express prior written consent; c. sold or otherwise transferred to another entity; d. used in any way not contemplated in the Instrument Operator's Manual or the Instrument implementation guide; e. abused, misused or neglected by customer personnel or any third party or damaged in an accident; or f. serviced in any manner by anyone other than Immucor or Immucor-trained personnel explicitly authorized by Immucor. 7. Labor Rates for Non Covered Services. If customer requires on-site Services that are (i) not covered in the Included Service Visits section above; (ii) outside of the Standard Coverage Hours; or (iii) excluded under the Service Exclusions section above, customer must pay Immucor s then-current hourly labor and travel rates for Services: **Customer will be charged for a minimum of 4 hours of labor **All Labor is billed in 15 Minute increments Hourly Rates - Effective as of January 1, 2019 (rates subject to change) During Standard Coverage Hours Monday-Friday 8:00am-5:00pm After Hours Monday-Friday 5:00pm-11:00pm Weekends & Holidays Labor Rate $400/Hour $650/Hour $800/Hour Travel Rate $400/Hour $650/Hour $800/Hour Page 2 of 7

3 8. Payment. Immucor recommends that customer submit a purchase order to Immucor for any services or parts that are not included under this Service Plan. Invoices for any service or parts that are not included under this Service Plan will be issued upon completion of the services provided. Payments are due within 30 days after the date of the invoice. Payment will be made in U.S. Dollars to Immucor or its designated affiliate at the remittance address set forth in the invoice. Customer understands and agrees that all payments for Immucor support and services are non-refundable. 9. BLUD_DIRECT. All of Immucor s obligations under this Service Plan (with the exception of the AIS System) are conditioned on customer s installation and commencement of use of Immucor s remote instrument diagnostic communication tool referred to as blud_direct within twelve (12) months of customer evidencing acceptance of the Instrument by executing Immucor's Operational Qualification Certificate for the serial number of the Instrument. Customer will be provided with all necessary blud_direct hardware and software components at the time of the installation of the Instrument, at no additional charge. Customer may (i) experience delays in receiving service for the Instrument; and (ii) incur additional service charges if it elects to not use blud_direct. 10. Additional Terms. a. Immucor in its sole discretion may use or provide replacement parts, components and subassemblies to maintain the Instrument which are new, repaired or refurbished by Immucor or the original equipment manufacturer (OEM). b. Customer will provide Immucor access to the Instrument, at reasonable times and on reasonable notice to customer, when Services are to be performed at customer's facility. Immucor will use reasonable efforts to minimize disruptions to customer's workplace. c. Immucor is not obligated to modify or add to the Instrument as a result of any new technological developments concerning the Instrument but Immucor may, should it desire, make such additions or modifications to the Instrument at no additional charge, to facilitate Immucor's performance of Services. d. If customer desires for an Instrument to be relocated from its original set-up location, Immucor will relocate and set-up the Instrument at the new location for a service fee to be determined based on the scope of the relocation. Customer is required to submit a purchase order to cover the costs of relocation and setup of the Instrument in order for Immucor to schedule the relocation activities. Page 3 of 7

4 IMMULINK MANAGE The following terms are applicable to a customer s ImmuLINK Manage software license. 1. Installation. Immucor will arrange for setup, installation and qualification testing of ImmuLINK Manage during the initial week of Installation. Customer shall be responsible for furnishing all of the network configurations and interface connections and all related equipment, supplies, hardware and software required for the proper set-up, integration and use of ImmuLINK Manage. Customer will execute an Operational Qualification Certificate when Immucor has completed installation. 2. Training. Immucor will provide training for up to four (4) key operators in a train the trainer method in a single, two-day session. 3. Updates. Immucor will provide Customer with any ImmuLINK Manage updates, patches and bug fixes ( Updates ) for the correction of defects within the current release of the Software that Immucor makes generally available for no additional charge to its other customers currently purchasing Services. Customer is responsible for the installation, implementation and integration of such Updates and any associated costs. Immucor may provide services for prior version releases of the ImmuLINK Manage for an additional charge. 4. Upgrades. Immucor may provide and Customer may purchase additional ImmuLINK Manage functionality ( Upgrades ) upon the pricing and additional terms agreed to by the parties. 5. Termination or Expiration. Upon the termination or expiration of customer s license to use ImmuLINK Manage, customer will (i) immediately and permanently cease all use of the ImmuLINK Manage; (ii) remove all ImmuLINK Manage software from its systems and network; (iii) return to Immucor all ImmuLINK Manage software and other related materials, including all copies thereof, in whatever medium embodied; and (iv) erase from storage media all ImmuLINK Manage software within thirty (30) days. Page 4 of 7

5 1. Galileo Echo Blood Bank System PARTS Echo Kit Initial kit provided, customer must purchase replacements Echo Probe Assembly Echo Syringe 100uL Echo Syringe 1000uL Echo Supply Cap Assembly Echo Waste Bottle Cap Assembly Echo Q-Cup (Quick Connector) Echo Manifold Check Valves Echo Probe Rinse Tube Assembly Echo Tubing Set Fluidics to Main Echo Plug Manifold Echo Inlet In-Line Filter Echo Screw, Syringe Plunger Echo Stylus Manifold CCPs - Included at no charge during Service Period Echo Washer Manifold Echo Centrifuge Echo Thermal & Ambient Incubator Echo Pump (probe rinse & waste) Echo Washer Syringe Cap & Seal Echo Peri-Pump Echo Probe Rinse Station Echo Cable Asby, Skin Switch & Power Echo Strip Holder Echo Reagent Rack Echo Sample Rack Echo Donor Rack Echo Pediatric Rack Echo Supply Bottle Assembly Echo Waste Bottle Assembly Echo Balance Strips (1 plate/12 strips) Echo Sample Tray (rack holder) Echo Reagent Tray (rack holder) Echo Tool Kit 2. Echo Lumena Echo Kit Initial kit provided, customer must purchase replacements Bottom Chamber Lamp Top Chamber Lamp Echo Stylus, Aspirate Echo Stylus, Dispense Echo Stylus Cap Echo Stylus Tube Echo Probe Assembly Echo Syringe 1000uL Echo Probe Rinse Tube Assembly Echo Syringe 100uL Echo Inlet In-Line Filter Male Tubing Quick Connector for PBS Bottle Female Tubing Connection for PBS Bottle Page 5 of 7

6 Echo Waste Bottle Front Cap Echo Manifold Check Valve Echo Screw, Syringe Plunger Echo Tubing Set-Fluidics to Main CCPs - Included at no charge during Service Period Echo Washer Manifold Echo Centrifuge Echo Thermal & Ambient Incubator Echo Pump (probe rinse & waste) Echo Washer Syringe Cap & Seal Echo Peri-Pump Echo Probe Rinse Station Echo Cable Asby, Skin Switch & Power Echo Strip Holder Echo Reagent Rack Echo Sample Rack Echo Donor Rack Echo Pediatric Rack Echo Supply Bottle Assembly Echo Waste Bottle Assembly Echo Balance Strips (1 plate/12 strips) Echo Sample Tray (rack holder) Echo Reagent Tray (rack holder) Echo Tool Kit 3. NEO System Patient Sample Rack Pediatric Sample Rack Donor Sample Rack Vial Rack 10mL 14 Lane Bay Rack Tray, 14 Lane Rack Tray, 5 Lane Plate Carrier Plate Carrier Stacker Syringe 500ul Syringe 1000ul XP Reagent Rack Large 57mL Reagent Rack Small 10mL Wash Flow Verification Jig Stylus, Washer Manifold NEO Tool, Wash head adjustment NEO Tool, Pipettor Self Check NEO Tool Kit G/N Fluorescent Lamp System Liquid Filter Saline Cube Shelf Saline Cube Connector Saline Cube Tubing Page 6 of 7

7 4. NEO Iris System Patient Sample Rack Pediatric Sample Rack Donor Sample Rack Vial Rack 10mL 14 Lane Bay Rack Tray, 14 Lane Rack Tray, 5 Lane Purple Plate Carrier Plate Carrier Stacker Syringe 500ul Syringe 1000ul XP Reagent Rack Large 57mL Reagent Rack Small 10mL Wash Flow Verification Jig Stylus, Washer Manifold NEO Tool, Wash head adjustment NEO Tool, Pipettor Self Check NEO Tool Kit G/N Fluorescent Lamp System Liquid Filter Saline Cube Shelf Saline Cube Connector Saline Cube Tubing Page 7 of 7