CUSTOMER PORTAL
Noble Med will make available to the Customer an online Customer Portal. Customer should enter Service Call Requests and view Service Call Reports on the Customer Portal. Customer may view covered equipment, non-covered equipment, find replacement parts including Consumable and Expendable parts. The Customer Portal will be located at noblemedicalservice.com.
GENERAL EXCLUSIONS
This Agreement does not include welding or modification to A.S.M.E. coded vessels, door plates (including glass doors), renovation of equipment (including Modernization Packages), recall or safety related modifications specified by the OEM, or repair of damages caused by acts of God. This Agreement does not include Consumable parts or products (unless specified in the special section of this contract), e.g. detergents, sterilizer monitors, etc. This Agreement does not include any labor or material for service lines and fittings, equipment not set forth on this proposal or operating problems related to environmental conditions, e.g. electrical, steam, water, air, and/or ventilation that do not comply with equipment specifications. This also refers to any fault condition found by Noble Med, LLC technicians as a result of improper operation of the equipment by operating personnel. Repairs necessary as the result of neglect of improper operation of the equipment by the customer or its employees or agents are not included. Unless expressly stated in this Agreement, this Agreement does not include chamber cleanings or routine daily, weekly or monthly user maintenance recommended in the Operator’s or Owner’s Manuals for the indicated equipment. Such routine maintenance shall be considered the responsibility of the customer. Repair of equipment necessary because of customer failure to perform such routine maintenance is likewise not covered by this Agreement. This Agreement does not include software, software upgrades, control upgrades, door rebuilds, replacement generators, sonic transducers, non‐pressure vessel welding repairs, water tanks and reservoirs. This Agreement does not include repairs to the basic structure components of the equipment such as vessel / chamber, frame, stand, door or door plate. Any fault condition found by Noble Med, LLC technicians during Noble Med’s initial equipment inspection are not included.
WARRANTY EXTENSION
The acceptance of this Agreement by Noble Med, LLC does not extend liabilities which it would not normally otherwise assume, and particularly carries no representation or warranty, expressed or implied. Notwithstanding any provisions of this Agreement, Noble Med, LLC will not be responsible for any incidental or consequential damages of customer in the event of nonperformance by Noble Med, LLC hereunder.
PAYMENT AND PAYMENT TERMS
The annual fee for service under this Agreement shall be the amount set forth in the Quotation, and shall be payable either quarterly, annually or as indicated. PAYMENT TERMS ARE NET 30 DAYS FROM DATE OF INVOICE. Noble Med, LLC has the option to immediately cancel or suspend services of this Agreement if payment is not received within 30 days of date of invoice. If Customer does not pay an invoice when due, interest fees will be applied at a rate of two percent (2%) per month. Customer will be responsible for all reasonable collection and attorney fees if necessary. At the end of the Agreement Term, the fee for this Agreement shall be subject to a review and can be amended by Noble Med, LLC, based on the prevailing costs of labor and parts at the time of review. Customer will pay all Non-US sales taxes, export charges, import duties, and any sales, use, excise, value added or other taxes or assessments imposed by any governmental authority upon or applicable to any sale the Customer or it affiliates under this agreement (Unless the Customer provides Noble Med with an applicable resale certificate or other authorization that exempts a sale from such taxes), and all costs and charges for transportation, brokerage, handling, and insurance of the equipment from point of shipment.
PAYMENT OPTIONS
Several options are available for payment remittance.
ACH Payments:
SonaBank
Account 11234459
Routing 051409278
Please email payment confirmation to admin@NobleMed.com
Remit Payment:
Noble Med, LLC
5401 Distributor Drive
Richmond, VA 23225
Credit Card Payments:
We accept VISA, MasterCard, Discover, American Express (3% credit card processing fee will apply): Call (804) 669-5460 M-F 8am – 4pm
Online:
Select payment link in your invoice
EFFECTIVE DATE
The Agreement shall become effective on the date it is approved by Noble Med, LLC.
NORMAL WORK HOURS
This Agreement specified equipment maintenance be performed during normal work hours – 8AM through 4:30PM, Monday through Friday. Work performed on equipment listed above outside the scope of the contract will be billed at the preferred labor rate.
AFTER HOURS
Work performed after 4:30PM through 8AM, Monday through Saturday, (excluding national holidays) will be billed at 1.5 times the preferred labor rate at a minimum of 4 hours.
EMERGENCY AFTER HOURS
Emergency after hours work performed on a Sunday or national holiday will be billed at 2 times the preferred labor rate at a minimum of 4 hours.
NON-COVERED RELATED REPAIRS
Work performed on equipment not listed will be billed at the prevailing rate(s). In the case of after‐hours or emergency after hours repairs, multipliers (times factors) as detailed in the aforementioned paragraphs shall apply. “Loaner” equipment may be made available to customer at the prevailing lease rate, subject to availability.
CUSTOMER PERFORMANCE
Customer will make equipment available for preventive maintenance when scheduled twenty-four hours in advance. If equipment is not available, Customer will pay Noble Med’s prevailing rates for additional travel and labor. Customer will make available any pass codes, security codes, keys or other items necessary for both equipment access and repair.
SERVICE CALL REQUEST
Customer should request normal Unscheduled Maintenance via the Customer Portal. Noble Med will respond to schedule service to normal Service Call Request within eight (8) business hours. Customers should request After Hours and Emergency Unscheduled Maintenance by calling (804) 669-5460 extension 9. Noble Med will respond to After Hours and Emergency After Hours Service Call Request within one (1) hour.
SERVICE CALL REPORT
Noble Med LLC will make the Service Call Report available on the Customer Portal within one (1) business day of Scheduled Maintenance or Unscheduled final disposition. The Service Call Report may include technician findings, equipment condition, parts consumed, and repair or resolution of fault condition.
WARRANTIES
Noble Med warrants that it will perform the services in a professional and workmanlike manner using reasonable commercial efforts. Customer acknowledges and agrees that, with the exception of the limited warranty set forth in the preceding sentence and to the extent permitted by law, Noble Med has not made and makes no representation or warranty of any kind or nature, either oral or written, either express or implied, concerning the services, provided hereunder, and to the extent permitted by law, Noble Med specifically disclaims any and all other representations and warranties concerning services. Customer agrees that this provision is an integral part of Noble Med’s pricing and an important factor in its willingness to agree to perform the services hereunder.
LIMITATIONS OF LIABILITY
To the extent permitted by law, in no case shall Noble Med or Customer be liable to the other for any consequential or incidental damages incurred by the other, including but not limited to, loss of revenue, profits or goodwill. However, nothing contained in this Agreement is intended to relieve Noble Med from claims, liability, damages or expenses resulting from bodily injury, including death, or from property damage incurred due to the willful acts, the negligence of or strict liability of either party.
INDEMNIFICATION
Noble Med agrees to defend, indemnify and hold Customer harmless from any and all claims, liability, damages or expenses due to personal injuries, including death to employees of Noble Med and Customer and for property damage to the extent of the willful acts or negligence of Noble Med or strict liability of Noble Med. Customer agrees to defend, indemnify and hold Noble Med harmless from any and all claims, liability, damages or expenses due to personal injuries, including death, to employees of Customer and Noble Med, and to third parties and from property damage to the extent of willful acts or the negligence of Customer or strict liability of customer caused by acts or omissions of customer.
RENEWAL AND TERMINATION
This Agreement may be renewed at the end of the initial term by written mutual agreement signed by both parties. Customer may cancel and terminate this Agreement, in part or whole, upon ninety (90) days written notice to Noble Med. Noble Med may cancel and terminate this Agreement, in part or whole, upon ninety (90) days written notice to Customer. This agreement, and the parties’ duties and obligations hereunder, may be terminated by Noble Med upon the Customer’s failure to make payment under any undisputed portion of any invoice on the due date for such invoice and the Customer’s failure to cure such delinquency within ten (10) days following receipt of written notice thereof from Noble Med to Customer. Noble Med may not withhold performance or term this agreement if the Customer disputes any invoice or portion of any invoice in good faith and fails to pay such invoice while the dispute is pending.
GOVERNING LAW
This Agreement shall be construed, governed, and interpreted pursuant to the laws of the Commonwealth of Oklahoma without regard to choice of law principles. Both parties agree that all disputes arising under this Agreement shall be brought before a court of competent jurisdiction located in Oklahoma City, Oklahoma.
FORCE MAJEURE
Neither party shall be liable to the other party for any delay, failure or inability to perform its obligations hereunder (except for payment obligation) due to any cause beyond its reasonable control, including but not limited to, utility failures, equipment breakdowns, fires, natural disasters, accidents, acts of God, acts of war, acts of party or its employees, contractors or agents.
AUTHORIZATION
Each party represents that the person executing this Agreement on its behalf is fully authorized to do so, and that the conditions and covenants herein shall inure to the benefit of and are binding upon the parties, their personal representatives, successors and assigns.
NOTICES
All notices and other communications required hereunder shall be in writing and delivered by personal deliver, electronic mail, facsimile or certified mail, postage prepaid, to the Noble Med LLC hereto as set forth below. Any changes to the notification information below shall be promptly provided to the other party.
Noble Med LLC
Oklahoma City, OK
(855) 505 2244
service@noblemedicalservice.com
ENTIRE AGREEMENT
This Agreement, including exhibits if any, sets forth the entire understanding and agreement of the parties and supersedes and replaces any and all prior or contemporaneous, oral or written, agreements or understandings between the parties as to the subject matter of this Agreement. This Agreement may be amended only by a writing duly executed by an authorized representative of each of the parties. Without limiting the foregoing, no term or condition contained in any purchase order or other sales documentation of Customer that is inconsistent, conflicts with, or additional to this Agreement shall be binding upon Noble Med, regardless of whether such document has already been or is hereafter acknowledged by Noble Med.
HEADING AND SEVERABILITY
Section headings have been inserted for convenience only and shall not be considered in interpreting this Agreement. If any provision of this Agreement is found unenforceable or invalid, it shall be enforced to the maximum extent permissible without affecting the validity or enforceability of the remaining provisions hereof.
COUNTERPARTS
This Agreement may be executed in one or more counterparts, each of which shall be deemed an original, but all of which together shall constitute one and the same instrument. A facsimile copy of a counterpart shall have the same effect as an original.
SERVICE AGREEMENT MODULES
ALPHA LEVEL
Comprehensive coverage as outlined below.
One (1) annual Scheduled Preventive Maintenance Labor and Parts
Four (4) quarterly Scheduled Preventive Inspections Labor
Unscheduled Maintenance Labor and Parts
SCHEDULED PREVENTIVE MAINTENANCE LABOR AND PARTS
Noble Med LLC will perform one (1) Scheduled Maintenance activity annually. This maintenance will be performed by or under the supervision of Noble Med LLC trained and certified technicians. Noble Med LLC will rebuild or replace any Scheduled Maintenance designation part that has failed due to wear and tear or which requires replacement outlined by the OEM Service Manual. Each Scheduled Maintenance will be performed in accordance with established procedures and shall include Preventive Inspection of all equipment. All labor required accomplishing the Scheduled Maintenance, adjustments, lubrication, installation or rebuild of replacement parts and testing is included. One (1) Scheduled Preventive Inspection will be performed simultaneous as Scheduled Preventive Maintenance.
EXCLUSIONS: (a) Any part not outlined by the OEM as a Preventive Maintenance part. Non-Preventive Maintenance parts may include electronics and heater elements. (b) Parts that are considered Consumable and Expendable. Consumable and Expendable parts may include but not limited to; door gaskets, filters, paper products, detergents, lubricants. (c) Any part with prevailing rate of more than $1,100.
SCHEDULED PREVENTIVE INSPECTION LABOR
Noble Med LLC will include all labor to perform one (1) Preventive Inspection quarterly. This maintenance will be performed by or under the supervision of Noble Med LLC trained and certified technicians as required by the OEM Service Manual. A detailed inspection of the overall equipment functionality during standby as well as during operation will be accomplished. Any defects will be documented and reported to the equipment owners via a Service Call Report. All labor required accomplishing the Scheduled Inspection is included. One (1) Scheduled Preventive Inspection will be performed simultaneous as Scheduled Preventive Maintenance.
UNSCHEDULED MAINTENANCE LABOR AND PARTS
Noble Med LLC will provide all labor and parts to accomplish Unscheduled Maintenance (i.e. “Corrective” or “Trouble Call”) activities. These by definition are considered not to fall under the category of “Preventive Maintenance” or “Preventive Inspections”. Any defects will be documented and reported to the equipment owners via a Service Call Report. These activities will be performed by or under the supervision of Noble Med LLC trained and certified technicians. All labor required accomplishing the Unscheduled Maintenance, adjustments, lubrication, installation or rebuild of replacement parts and testing is included.
EXCLUSIONS: (a) Parts that are considered Consumable and Expendable. Consumable and Expendable parts may include but not limited to; door gaskets, filters, paper products, detergents, lubricants. (b) Any part with prevailing rate of more than $1,100.
BETA LEVEL
Coverage as outlined below.
One (1) annual Scheduled Preventive Maintenance Labor and Parts
Four (4) quarterly Scheduled Preventive Inspections Labor
Unscheduled Maintenance Labor
SCHEDULED PREVENTIVE MAINTENANCE LABOR AND PARTS
Noble Med LLC will perform one (1) Scheduled Maintenance activity annually. This maintenance will be performed by or under the supervision of Noble Med LLC trained and certified technicians. Noble Med LLC will rebuild or replace any Scheduled Maintenance designation part that has failed due to wear and tear or which requires replacement outlined by the OEM Service Manual. Each Scheduled Maintenance will be performed in accordance with established procedures and shall include Preventive Inspection of all equipment. All labor required accomplishing the Scheduled Maintenance, adjustments, lubrication, installation or rebuild of replacement parts and testing is included. One (1) Scheduled Preventive Inspection will be performed simultaneous as Scheduled Preventive Maintenance.
EXCLUSIONS: (a) Any part not outlined by the OEM as a Preventive Maintenance part. Non-Preventive Maintenance parts may include electronics and heater elements. (b) Parts that are considered Consumable and Expendable. Consumable and Expendable parts may include but not limited to; door gaskets, filters, paper products, detergents, lubricants. (c) Any part with prevailing rate of more than $1,100.
SCHEDULED PREVENTIVE INSPECTION LABOR
Noble Med LLC will include all labor to perform one (1) Preventive Inspection quarterly. This maintenance will be performed by or under the supervision of Noble Med LLC trained and certified technicians as required by the OEM Service Manual. A detailed inspection of the overall equipment functionality during standby as well as during operation will be accomplished. Any defects will be documented and reported to the equipment owners via a Service Call Report. All labor required accomplishing the Scheduled Inspection is included. One (1) Scheduled Preventive Inspection will be performed simultaneous as Scheduled Preventive Maintenance.
UNSCHEDULED MAINTENANCE LABOR
Noble Med LLC will provide all labor to accomplish Unscheduled Maintenance (i.e. “Corrective” or “Trouble Call”) activities. These by definition are considered not to fall under the category of “Preventive Maintenance” or “Preventive Inspections”. Any defects will be documented and reported to the equipment owners via a Service Call Report. These activities will be performed by or under the supervision of Noble Med LLC trained and certified technicians. All labor required accomplishing the Unscheduled Maintenance, adjustments, lubrication, installation or rebuild of replacement parts and testing is included.
GAMMA LEVEL
Coverage as outlined below.
Four (4) quarterly Scheduled Preventive Inspections Labor
Unscheduled Maintenance Labor
SCHEDULED PREVENTIVE INSPECTION LABOR
Noble Med LLC will include all labor to perform one (1) Preventive Inspection quarterly. This maintenance will be performed by or under the supervision of Noble Med LLC trained and certified technicians as required by the OEM Service Manual. A detailed inspection of the overall equipment functionality during standby as well as during operation will be accomplished. Any defects will be documented and reported to the equipment owners via a Service Call Report. All labor required accomplishing the Scheduled Inspection is included.
UNSCHEDULED MAINTENANCE LABOR
A LLC will provide all labor to accomplish Unscheduled Maintenance (i.e. “Corrective” or “Trouble Call”) activities. These by definition are considered not to fall under the category of “Preventive Maintenance” or “Preventive Inspections”. Any defects will be documented and reported to the equipment owners via a Service Call Report. These activities will be performed by or under the supervision of Noble Med LLC trained and certified technicians. All labor required accomplishing the Unscheduled Maintenance, adjustments, lubrication, installation or rebuild of replacement parts and testing is included.
DELTA LEVEL
Coverage as outlined below.
Four (4) quarterly Scheduled Preventive Inspections Labor
SCHEDULED PREVENTIVE INSPECTION LABOR
Noble Med LLC will include all labor to perform one (1) Preventive Inspection quarterly. This maintenance will be performed by or under the supervision of Noble Med LLC trained and certified technicians as required by the OEM Service Manual. A detailed inspection of the overall equipment functionality during standby as well as during operation will be accomplished. Any defects will be documented and reported to the equipment owners via a Service Call Report. All labor required accomplishing the Scheduled Inspection is included.
BIOMEDICAL TIER 1 (A) LEVEL
Tier 1 is for the most critical equipment, such as life support and emergency devices (e.g., an automatic external defibrillator or anesthesia machine)
Coverage as outlined below.
Two (2) Bi-Annual Scheduled Preventive Inspection Labor
One (1) Annual Scheduled Electrical Safety Inspection Labor
One (1) Annual Scheduled Calibration Inspection Labor
One (1) Annual Scheduled Cleaning Labor
SCHEDULED PREVENTIVE INSPECTION LABOR
Noble Med LLC will include all labor to perform one (1) Preventive Inspection bi-annually. This maintenance will be performed by or under the supervision of Noble Med LLC trained and certified technicians as required by the OEM Service Manual. A detailed inspection of the overall equipment functionality during standby as well as during operation will be accomplished. Any defects will be documented and reported to the equipment owners via a Service Call Report. All labor required accomplishing the Scheduled Inspection is included.
SCHEDULED ELECTRICAL SAFETY INSPECTION LABOR
Noble Med LLC will include all labor to perform one (1) Electrical Safety Inspection annually. This maintenance will be performed by or under the supervision of Noble Med LLC trained and certified technicians as required by the OEM Service Manual. Noble Med will inspect the ground resistance and electrical current leakage of the equipment. Any defects will be documented and reported to the equipment owners via a Service Call Report. All labor required accomplishing the Scheduled Inspection is included.
SCHEDULED CALIBRATION INSPECTION LABOR
Noble Med LLC will include all labor to perform one (1) Calibration Inspection annually. This maintenance will be performed by or under the supervision of Noble Med LLC trained and certified technicians as required by the OEM Service Manual. Noble Med will measure and / or test the output of the equipment. Any defects will be documented and reported to the equipment owners via a Service Call Report. All labor required accomplishing the Scheduled Inspection is included.
SCHEDULED CLEANING LABOR
Noble Med LLC will include all labor to perform one (1) Cleaning annually. This maintenance will be performed by or under the supervision of Noble Med LLC trained and certified technicians as required by the OEM Service Manual. Noble Med will remove dust and debris from air filters and exhaust ports. Any defects will be documented and reported to the equipment owners via a Service Call Report. All labor required accomplishing the Scheduled Inspection is included.
BIOMEDICAL TIER 2 (B) LEVEL
Tier 2 is for common use equipment, such as blood pressure monitors and heat therapy units.
Coverage as outlined below.
One (1) Annual Scheduled Electrical Safety Inspection Labor
SCHEDULED ELECTRICAL SAFETY INSPECTION LABOR
Noble Med LLC will include all labor to perform one (1) Electrical Safety Inspection annually. This maintenance will be performed by or under the supervision of Noble Med LLC trained and certified technicians as required by the OEM Service Manual. Noble Med will inspect the ground resistance and electrical current leakage of the equipment. Any defects will be documented and reported to the equipment owners via a Service Call Report. All labor required accomplishing the Scheduled Inspection is included.
BIOMEDICAL TIER 3 LEVEL
Tier 3 is for equipment that has little to no risk, such as a patient scale
Coverage as outlined below.
One (1) Annual Scheduled Electrical Safety Inspection Labor
SCHEDULED ELECTRICAL SAFETY INSPECTION LABOR
Noble Med LLC will include all labor to perform one (1) Electrical Safety Inspection annually. This maintenance will be performed by or under the supervision of Noble Med LLC trained and certified technicians as required by the OEM Service Manual. Noble Med will inspect the ground resistance and electrical current leakage of the equipment. Any defects will be documented and reported to the equipment owners via a Service Call Report. All labor required accomplishing the Scheduled Inspection is included
Last updated: Nov. 8th, 2023
