The customer (“Customer”) identified on the order or sales quotation (the “Order” or “Quote”) has purchased the service plan set forth in the Order or Quote (the “Service Plan”). The terms of such Service Plan are set forth in these Terms and Conditions. ZOLL Medical Corporation (“ZOLL”) shall perform the services for the purchased Service Plan (the “Services”). Coverage applies only to the equipment listed on the Customer’s Plan. Customer’s acceptance of the Services constitutes acceptance of these Terms and Conditions.
Any additional or conflicting terms provided by Customer, including terms stated in or attached to a Customer purchase order, shall have no force or effect without the express written consent of ZOLL. Services shall be governed by these Terms and Conditions only.
Any purchase order issued by Customer is accepted solely for administrative purposes. Any terms or conditions contained in, referenced by, or attached to a purchase order, vendor portal, procurement system, acknowledgement, or other Customer document that are additional to, different from, or inconsistent with these Terms and Conditions are expressly rejected and shall be void and of no effect.
ZOLL’s performance of Services, acceptance of a purchase order, issuance of an invoice, or receipt of payment shall not constitute acceptance of any such terms. These Terms and Conditions shall exclusively govern the Services unless ZOLL expressly agrees otherwise in a written agreement signed by an authorized representative of ZOLL.
Customer is responsible for ensuring that all equipment covered under the Service Plan is operated, stored, and maintained in accordance with the applicable user manuals and manufacturer recommendations and ZOLL instructions. Customer shall provide ZOLL with reasonable access to covered equipment during normal business hours to perform the Services, including any preventive maintenance included in the Service Plan. If Customer fails to provide access to covered equipment or does not respond to ZOLL’s reasonable scheduling requests during the coverage period, Customer shall forfeit any unused preventive maintenance services included in the Service Plan, without refund or credit. ZOLL may, at its sole discretion, elect to reschedule such services during an extended period.
Coverage under the Service Plan is conditioned upon covered equipment being operated, maintained, and serviced in accordance with ZOLL requirements and applicable documentation. Except as expressly authorized by ZOLL in writing, all repairs, modifications, calibrations, upgrades, and service activities affecting covered equipment must be performed by ZOLL personnel.
Equipment that has been modified, repaired, serviced, calibrated, or altered by persons not expressly authorized by ZOLL, or that contains non-approved parts or components, may be excluded from coverage, and ZOLL reserves the right to suspend, limit, or terminate coverage for the affected equipment without refund, credit, or further obligation.
ZOLL shall not be responsible for failures, damage, performance issues, safety concerns, or additional service costs resulting from unauthorized service activities, modifications, or non-approved parts.
Notwithstanding the foregoing, ZOLL may authorize specific Customer personnel to perform designated maintenance or repair activities pursuant to a separate written authorization, training program, or service agreement. Any such authorization shall be limited to the activities expressly identified by ZOLL and may be revoked at any time.
ZOLL reserves the right to inspect any covered equipment to determine compliance with the conditions of coverage and continued eligibility under the Service Plan.
Service Plans purchased with new equipment shall become effective upon the expiration date of the equipment’s Limited Product Warranty Period. Service Plans purchased after equipment shall become effective and expire according to the dates specified in the Order or Quote of the Service Plan.
Customer agrees to pay all fees as specified in the Order or Quote, as applicable. Payments are due within thirty (30) days of the invoice date. All applicable federal, state and/or local taxes shall be paid by Customer, unless Customer supplies proof of tax-exempt status. If payment is not received within thirty (30) days, ZOLL reserves the right to withhold further Services until the delinquent amounts are paid to ZOLL.
Except as expressly permitted under the Transfer and Conversion of Coverage section, Service Plans are non-cancelable, non-refundable, and non-transferable.
If the Customer purchases new equipment from ZOLL, and the parties agree the Customer’s existing equipment covered under a Service Plan shall be traded in toward the purchase of new equipment by the same Customer, the service plan will be transferred to the newly purchased equipment upon receipt of the old equipment and by request of the Customer or ZOLL employee.
If the original and new Service Plans differ in coverage, entitlements, or apply to different types of equipment, a conversion shall be made to determine the transferable coverage. The remaining coverage shall be calculated based on the unused portion of the original Service Plan and the amount already paid by the Customer, including outstanding future agreed amounts to be paid by the Customer. This value shall be converted into an equivalent value of coverage under the new Service Plan applicable to the replacement equipment.
Transferred coverage shall commence following the expiration of the new equipment’s Limited Product Warranty (manufacturer’s warranty) and/or any additional Service Plan purchased with the new equipment, if applicable.