Medical Equipment Service Contract Template

Terms of Agreement

This medical equipment service contract (“Agreement”) is created on (Effective Date) (“Effective Date”), by and between [Contractor.Company] at [Contractor.StreetAddress], [Contractor.City], [Contractor.State], [Contractor.PostalCode] (“Contractor”) and [Client.Company] by [Client.StreetAddress], [Client.City], [Client.State], [Client.PostalCode] (“Client”).

The Contractor acknowledges they have the qualifications to provide the services stated in this Agreement to the Client. This Agreement runs for (Written.Number) (Number) years, and is valid until (End.Date) (“End Date”), or until both Parties mutually terminate it in writing.

The Client has the opportunity to extend the contract (Written.Number) (Number) additional times, with terms of (Written.Number) (Number) years. Should either Party wish to end the Agreement early, a written notice period of (Written.Number) (Number) days is required.

Services Provided

The Client wishes to engage the services of the Contractor to service medical equipment. The Contractor agrees to provide the necessary services, repairs, and maintenance to the medical equipment of the Client. The medical equipment the Contractor must service are:

• (Equipment.One): (Service.Requirements)

• (Equipment.Two): (Service.Requirements)

• (Equipment.Three): (Service.Requirements)

The Contractor agrees to make monthly/bi-annual/annual inspections of the relevant equipment. The Contractor further agrees to inform the Client of any damages or problems discovered while servicing the equipment. The Client also agrees to notify the Contractor in writing as soon as possible if the equipment is not functioning as it should.

Compensation

All monetary units in this Agreement are in US dollars (USD). The Client shall pay $(Amount)/month for the standard services rendered by the Contractor as per this document. The Contractor will send an invoice within (Written.Number) (Number) days of rendering the services to the Client. The Client must settle the invoice within (Written.Number) (Number) days of the Contractor sending it, using (PaymentMethod.One) or (PaymentMethod.Two).

Standard services include the monthly/annual services described in the “Services Provided” section. The Client understands they might incur additional costs if other services are offered. The compensation above does not include sales tax or other applicable duties as required by [Client.State] law. The Contractor will charge the Client any applicable sales tax and duties along with the compensation on the invoice.

Reimbursement of Expenses

The Client will reimburse any reasonable expenses the Contractor incurs concerning the required services. The Client must pre-approve all expenses.

Interest on Late Payments

The Contractor can charge interest on any overdue payments, with an interest rate of (Number)% per annum or at the maximum rate enforceable in [ legislations, whichever is lower. This interest will be charged until the Client settles the original overdue amount and any interest accrued.

Confidentiality

The Contractor agrees that they will not reveal, disclose, divulge, report, or use any confidential information they might learn during this Agreement. These obligations will apply during the term and continue indefinitely after terminating the Agreement. No matter if it was provided before or after the Effective date, any written or oral information the Client provided will be kept secure as any other confidential information.

Confidential information refers to any data or information relating to the business of the Client, where the release of this information could reasonably cause harm to the Client or their patients.

Return of Property

Upon the termination of this Agreement, the Contractor will return any equipment, property, documents, records, or confidential information of the Client to the Client within (Written.Number) (Number) days.

Capacity/Independent Contractor

The Contractor acts as an independent company and not an employee while providing the services in this Agreement. This Agreement does not create a partnership or joint venture between Parties but is exclusively a service contract.

The Client has no requirements to contribute to any employee benefits of the Contractor, including but not limited to social security, state or federal tax, and unemployment compensation.

Autonomy

Except where agreed upon in this Agreement, the Contractor has complete control over methods, working times, and decision-making while providing their services. The Contractor works autonomously and not at the direction of the Client. However, the Client can make reasonable requests, concerns, and needs, which the Contractor must be responsive toward.

Equipment

When providing the services stated within this Agreement, the Contractor will provide, at their sole expense, all tools, raw materials, machinery, supplies, workwear, and other parts necessary to complete the services.

No Exclusivity

The Client and Contractor agree that this is a non-exclusive Agreement and that either Party can engage and contract with third parties for provisions similar to the rendered services in this Agreement.

Rights of Substitution

The Contractor has the right to engage a third-party subcontractor to perform some or all of the obligations listed in this Agreement. The Client will not engage any third parties to assist with the terms of this Agreement.

However, should the Contractor hire a subcontractor, the sub-contractor will be seen as an agent of the Contractor under the terms of this Agreement. The Contractor will also be solely responsible for any expenses and compensations to the sub-contractor for their services.

Notice

Should a Party send a notice, request, demand, or make an effort for other communications, it must be in writing. The Parties will deliver these communications to the following addresses:

• Contractor: (Contractor.RegisteredAddress)

• Client: (Contractor.RegisteredAddress)

The other Party must provide a delivery receipt to show that the notice, demand, request, or otherwise has been received. Any written notice must be given at least (Written.Number) (Number) hours in advance.

Warranties

The Contractor warrants to deliver its best efforts to provide quality services to the Client. The Contractor further warrants that their employees and representatives are qualified and experienced enough to provide the services outlined in this Agreement.

The Client warrants it shall follow any cleaning, maintenance, operating, and repair operation of medical equipment procedures as outlined in the user manual.

Miscellaneous

The Contractor is not held liable for any loss, damages, or expenses resulting from the negligence of the Client. It includes but is not limited to any omission or delay in services and work orders due to the negligence or willful maliciousness of the Client.

Each Party agrees to indemnify and hold harmless the other Party against all claims, liabilities, losses, penalties, legal expenses, and more, that result from any act or omission of the indemnifying Party. The indemnification will continue after the termination of this Agreement.

Should a dispute or disagreement arise over this Agreement, both Parties will settle it through mutual discussion. If 30 days have passed without resolving it, the arbitration method will decide.

Agreement

The laws of [Client.State]​ govern this Agreement. Both Parties agree that this is the entire and final Agreement between them. Parties must make any amendments to this Agreement in writing and signed by both Parties. IN WITNESS WHEREOF, each Party executes this Medical Equipment Service Contract by affixing their signature below on the date set forth below.