RENTAL OF MEDICAL EQUIPMENT AGREEMENT
These terms and conditions, together with all Schedules attached hereto, constitute a contract between:-
MEDIVAC EMERGENCY AMBULANCE PTE LTD (UEN No. 202320939D)(hereinafter referred to as “MEDIVAC”) of the First Part.
|
And
Customer Name
|
|
Customer ID
|
|
Customer Address
(Per NRIC)
|
|
Contact Number
|
|
Customer Email
|
|
(hereinafter referred to as “the Customer”)
In consideration of the promises, rights and obligations set forth below, the parties hereby agreed as follows:
EQUIPMENT
1. MEDIVAC hereby leases to the Customer, and the Customer agrees to lease all the equipment in Annex A (“Equipment”), for use at such location and at such rental rate for approximately such time as is therein stated.
2. Equipment rented shall be based on the patient's doctor prescription. MEDIVAC's product specialists are trained in the use of the equipment and their advice shall be only limited to the use of the product. All clinical advice should be obtained through the patient's doctor directly.
3. In the event that Medivac does not have the selected product, Medivac reserves the right to supply another brand that can perform the same function or upgrade the package to a higher tier.
RENTAL PERIOD
4. The Rental Period shall be calculated in whole days, and shall commence from, and include, the day the Equipment is delivered to or delivery is first attempted at the address, and shall terminate on the day (inclusive) the Equipment is returned to MEDIVAC or collected for on behalf of MEDIVAC by its authorised representative.
RENTAL CHARGES.
5. The Customer shall pay rental for the entire Rental Period on each Equipment, at the rate stipulated in Annex A and in accordance with the following:
6. All rates shall not be subject to any deductions on account of any Saturdays, Sundays or public holidays, or any days or times of non-use.
7. In the event that the rented medical device is returned to MEDIVAC before the scheduled return date, it is hereby declared and agreed that there is no proration or deductions for the unused day(s). There shall be no deductions for any fraction of a day.
8. For customers renting oxygen concentrators, oxygen rental charges are based on total oxygen flow rate required by the patient on a litres per minute (LPM) basis and not by the oxygen concentrator capacity.
a. For the purpose of illustration , a patient on 15 LPM can be delivered through a 10L oxygen concentrator and a 5L oxygen concentrator and the quotation shall be 15 LPM. Charges are NOT based on a 10 L oxygen concentrator + 5L oxygen concentrator.
PAYMENT.
9. The Customer shall pay the rent for every item of Equipment at the rate stated in this Agreement. The first payment shall be made in advance for the period commencing from the first day of the Rental Period up to the last day of the same calendar month or up to one calendar month (if applicable), and thereafter payment shall be made in advance on the first day of each calendar month. For any Rental Period of less than one calendar month, full payment must be made in advance.
AUTOMATIC RENEWAL OF RENTAL.
10. If the Customer does not return the Equipment on or prior to the expiry of the Rental Period set out in this Agreement, then the Rental Period shall be automatically renewed for successive daily periods, until such time as the Equipment is returned by the Customer.
INTEREST ON LATE PAYMENTS.
11. It is declared and agreed that the Customer shall pay an interest at 5.33% percent (5.33%) per annum or the highest lawful rate, whichever is greater, on any delinquent payment, any other sum for breach of this Agreement, all expenses of collection or legal action, including legal fees, from the date of breach or the date such expenses are incurred until paid.
12. If the customer defaults in the payment when due of any sum payable under the Contract its liability shall be increased to include interest on such sum from the date when such payment is due until the date of actual payment (after as well as before judgement). The interest shall be calculated on a daily basis at a rate per annum of 10%.
RECOVERY OF PAYMENT
13. It is also further agreed that the customer will pay for all legal and other associated cost and expenses on a full indemnity basis arising out of or in connection with MEDIVAC recovery or attempted recovery from the customer under the agreement however occasioned in enforcing the terms of this agreement.
SECURITY DEPOSIT.
14. The Customer shall pay the security deposit set out in this Agreement (“Security Deposit”). The Security Deposit shall be paid prior to delivery of the Equipment. The Security Deposit is used to guarantee the Customer's full and faithful performance of all terms, conditions and provisions of this Agreement. If the Customer shall be in full compliance with the terms of this Agreement, the security deposit shall be repaid without interest to the Customer at the termination of this Agreement.
15. Security deposit shall be refunded, within 14 working days, to the Client's bank account after MEDIVAC's product specialist inspect the rental unit.
16. In the event that the medical equipment rented to the Customer is damaged or returned to Medivac in a condition different from how it was rented, the security deposit will first be used to cover the costs of repairs or replacement of the equipment. If the security deposit is insufficient to cover these costs, Medivac reserves the right to pursue claims against the Customer for the remaining balance owed for the repairs or replacement of the equipment. The Customer agrees to compensate Medivac for any losses and damages incurred as a result of the loss of use, repairs, and/or replacement of the equipment.
RECALL NOTICE.
17. MEDIVAC may recall any or all Equipment by giving one (1) day's prior written notice to the Customer.
GOOD REPAIR AND CONDITION.
18. The Customer shall not remove, alter, disfigure or cover up any numbering, lettering, or insignia displayed upon the Equipment. The Customer shall ensure that the Equipment is not vandalised, disassembled, tampered with or subjected to careless or rough usage. The Customer shall ensure that the Equipment remains in good repair and operative condition and return it in such condition to MEDIVAC, ordinary wear and tear resulting from proper use thereof alone excepted.
REPAIRS.
19. The Customer shall not, and shall not attempt to, repair any part of the Equipment. Any repairs required during the Rental Period, other than those arising due to fair wear and tear, including labour, material, parts and other items shall be borne by the Customer.
20. In the event that the Equipment is damaged beyond repair deemed by MEDIVAC's appointed vendor, the customer will be held liable to replace the rented unit with a brand new unit or pay MEDIVAC to purchase a new unit.
DELIVERY
21. Delivery will occur after payment confirmation. For safety reasons, our delivery personnel are not permitted to carry heavy equipment up or down stairs.
USE AND OPERATION OF EQUIPMENT.
22. The Customer acknowledges that MEDIVAC strongly recommends that all use and operation of the Equipment shall be performed by one or more qualified individuals, and that MEDIVAC takes no responsibility for any errors, negligence or omissions that arise from any use of the Equipment authorised by MEDIVAC. If the Equipment is operated by MEDIVAC's employees, representatives or agents, then the terms and conditions governing such services shall be subject to a separate agreement between the Customer and MEDIVAC.
NO WARRANTIES.
23. MEDIVAC, BEING NEITHER THE MANUFACTURER, NOR A SUPPLIER, NOR A DEALER IN THE EQUIPMENT, MAKES NO WARRANTIES, EXPRESS OR IMPLIED, AS TO ANY MATTER WHATSOEVER, INCLUDING, WITHOUT LIMITATION, THE CONDITION OF THE EQUIPMENT, ITS MERCHANTABILITY, ITS DESIGN, ITS CAPACITY, ITS PERFORMANCE, ITS MATERIAL, ITS WORKMANSHIP, ITS FITNESS FOR ANY PARTICULAR PURPOSE, OR THAT IT WILL MEET THE REQUIREMENTS OF ANY LAWS, RULES, SPECIFICATIONS, OR CONTRACTS WHICH PROVIDE FOR SPECIFIC APPARATUS OR SPECIAL METHODS.
EXCLUSION OF LIABILITIES.
24. MEDIVAC FURTHER DISCLAIMS ANY LIABILITY WHATSOEVER FOR LOSS, DAMAGE, OR INJURY TO THE CUSTOMER OR THIRD PARTIES AS A RESULT OF ANY DEFECTS, LATENT OR OTHERWISE, IN THE EQUIPMENT. The CUSTOMER ACKNOWLEDGES THAT HE LEASES THE EQUIPMENT “AS IS”. MEDIVAC SHALL NOT BE LIABLE IN ANY EVENT TO THE CUSTOMER OR ANY OTHER FOR ANY LOSS, DELAY, OR DAMAGE OF ANY KIND OR CHARACTER RESULTING FROM DEFECTS IN, OR INEFFICIENCY OF, EQUIPMENT HEREBY LEASED OR ACCIDENTAL BREAKAGE THEREOF.
CUSTOMER'S SOLE REMEDY.
25. In the event of any fault in the Equipment, MEDIVAC's sole liability to the Customer is to provide a replacement and to extend the Rental Period for the days during which the Equipment was not usable.
26. In the event of an emergency , the customer should contact local emergency services or in Singapore to call 995 for an ambulance or to arrange transportation to convey the patient to hospital, at the customer's own expense.
INDEMNITY.
27. The Customer shall indemnify MEDIVAC against, and hold MEDIVAC harmless from, any and all claims, actions, suits, proceedings, costs, expenses, damages, and liabilities, including legal fees, arising out of, connected with, or resulting from the Equipment, including without limitation, the manufacture, selection, delivery, leasing, renting, control, possession, use, operation, maintenance or return of the Equipment. The Customer shall further indemnify MEDIVAC, and hold MEDIVAC harmless from all loss and damage to the Equipment during the Rental Period.
DELIVERY OF EQUIPMENT.
28. The Customer shall inspect the Equipment on delivery thereof. On delivery of the Equipment to the Customer or when requested to do so by an authorised representative of MEDIVAC, the Customer shall sign an acknowledgement of receipt thereof and agrees that it shall be conclusively presumed, as between MEDIVAC and the Customer, that the Customer has fully inspected and acknowledged that the Equipment is in good condition and repair, and that the Customer is satisfied with and has accepted the Equipment in such good condition and repair.
PLACE OF USE.
29. The Customer shall only use and keep the Equipment as the address set out in this Agreement. MEDIVAC shall have the right at any time to enter the premises where the Equipment is stored and shall be given free access thereto and afforded necessary facilities for the purpose of inspection.
OWNERSHIP.
30. The Customer acknowledges and agrees that MEDIVAC shall at all times be the owner of the Equipment. The Customer shall give MEDIVAC immediate notice if the Equipment is threatened with seizure, and the Customer shall indemnify MEDIVAC against all loss and damages caused by such action.
CUSTOMER'S DEFAULT AND MEDIVAC'S REMEDIES.
31. If the Customer (a) shall default any payment due hereunder, or (b) shall default in the payment when due of any indebtedness of the Customer to MEDIVAC other than those arising hereunder, or (c) shall be in default in the performance of any other covenant herein and such default shall continue for five days after written notice requiring remedy of such breach is sent to the Customer by MEDIVAC, or (d) becomes insolvent or makes an assignment for the benefit of creditors, or (e) applies for or consents to or suffers the appointment of a receiver, trustee, or liquidator over all of or a substantial part of the assets of the Customer, then, if and to the extent permitted by applicable law,MEDIVAC shall have the right, if and to the extent permitted by applicable law, to exercise any one or more of the following remedies:
a. To declare the entire amount of rent hereunder immediately due and payable;
b. To sue for and recover all rents, and other payments, then accrued or thereafter accruing, with respect to any or all items of Equipment;
c. To take possession of any or all items of the Equipment without demand, notice, or legal process, wherever they may be located. The Customer hereby waives any and all damages occasioned by such taking of possession. Any said taking of possession shall not constitute a termination of this Agreement as to any or all items of Equipment unlessMEDIVAC expressly so notifies the Customer in writing;
d. To terminate this Agreement as to any or all items of Equipment;
e. To pursue any other remedy at law or in equity.
32. Notwithstanding any action which MEDIVAC may take, the Customer shall be and remain liable for the full performance of all of its obligations under this Agreement
33. In the event of any default or breach of this Agreement by the Customer , Medivac may at its absolute discretion commence any legal proceedings deemed necessary against personally on a joint and several basis, and all legal costs and disbursements incurred by Medivac shall be paid by the customer on a full indemnity basis.
NO SUBLEASE OR PARTING OF POSSESSION.
34. The Customer shall not sublease the Equipment, shall not assign or transfer any interest in this Agreement and shall not part with possession of the Equipment, without written consent of MEDIVAC. Subject to the foregoing, this Agreement inures to the benefit of, and is binding upon, the heirs, successors, and assigns of the parties hereto.
REMEDIES CUMULATIVE:
35. NO WAIVER; SEVERABILITY. All remedies of MEDIVAC hereunder are cumulative and may, to the extent permitted by law, be exercised concurrently or separately, and the exercise of any one remedy shall not be deemed to be an election of such remedy or to preclude the exercise of any other remedy. No failure on the part ofMEDIVAC to exercise and no delay in exercising, any right or remedy, hereby shall operate as a waiver thereof; nor shall any single or partial exercise byMEDIVAC of any right or remedy hereunder preclude any other or further exercise thereof or the exercise of any other right or remedy. If any term or provision of this Agreement is found invalid, it shall not affect the validity and enforcement of all remaining terms and provisions of this Agreement.
ENTIRE AGREEMENT.
36. This Agreement constitutes the entire agreement between and the Customer; and it shall not be amended, altered or changed except by a written agreement signed by the parties hereto.
37. This Agreement constitutes the entire agreement between the Parties and supersedes and extinguishes all previous agreements, promises, assurances, warranties, representations, and understandings between them, whether written or oral, relating to its subject matter.
38. Each Party agrees that it shall have no remedies in respect of any statement, representation, assurance, or warranty (whether made innocently or negligently) that is not set out in this Agreement.
GOVERNING LAW.
39. This Agreement shall be governed in all respects by the laws of the Republic of Singapore.
Annex A : QUOTATION
☐Total Oxygen Output ( Litres per minute) or Type of Equipment
Rental Start Date:
Rental End Date:
|
Order Number: |
Charges
|
Minimum rental period
|
Rental Rates (SGD)
|
Rental of Medical Equipment (mentioned above)
|
|
|
Admin Fee:
|
–
|
|
Delivery:
|
–
|
|
Additional Supplies
|
|
|
Refundable Security Deposit
(To be paid immediately upon receipt of rental equipment)
|
–
|
|
Remarks:
|
* The rental does not include consumables, which have to be purchased separately.