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HomeMy WebLinkAbout12-170 Resolution No. 12-170 RESOLUTION AUTHORIZING EXECUTION OF A 2012 PURCHASE AGREEMENT WITH CARDIAC SCIENCE CORPORATION FOR AUTOMATED EXTERNAL DEFIBRILLATOR DEVICES BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN,ILLINOIS,that Sean R. Stegall,City Manager,be and is hereby authorized and directed to execute a 2012 Purchase Agreement with Cardiac Science Corporation on behalf of the City of Elgin for automated external defibrillator devices, a copy of which is attached hereto and made a part hereof by reference, and through the State of Illinois joint purchasing program pursuant to the State of Illinois' current agreement with Cardiac Science Corporation which includes such equipment. s/David J. Kaptain David J. Kaptain, Mayor Presented: November 14, 2012 Adopted: November 14, 2012 Omnibus Vote: Yeas: 6 Nays: 0 Attest: s/Kimberly Dewis Kimberly Dewis, City Clerk IMMINIwRO..,,. `-.. 1E)CARDIAC science 2012 Purchase Agreement Tenitory Mgr: Bryan Heriaud Date October 1,2012 coatamer.City of Elgin Contact Name Mike Eckler Addreaa 1:151 Douglas Ave. Tee Emergency Medical Dispatch Coordinator Address 2: Phone..847-289-2771 City:Elgin Fax State: IL zea 60120 E-mail eckler ni cityofelgtnora County. COUNTY Invoice to •Comoraee 011,0 Addrua 0 Indvdual locations(pooh defib) Tax exemption a Tax Exemption Form Attached Payment Term.Payment due upon receipt spepry Payment Terms here.a other P.O.a Not Applicable Payment Check CODE Class ID:End User Segment Lead Pricing Code:(d PAD/Cantrect) Anniston.Illinois State Contract PSDI4015895 Customer City of Elgin contact Name Mike Eckler Address 1. 151 Douglas Ave. Title Emergency Medical Dispatch Coordinator Addreaa2 SUITE Prone-847-289-2771 City Elgin Fax State - IL Zip. 60120 E-mail.eckler m@cityofekain.orq County:__ COUNTY Shipping Method FedEx-Ground F.0.8.'. Factory Freight Collect Account: _ E•UIPMENT ACCESSORIES,and PROGRAM MANAGEMENT AED Devices: Hem Lint Qty Price/oath &biota Powerheart AED G3 Plus Automatic Package:AED,Carry Case. 9390A-1001P $ 2,095.00 38 $ 917 24 9 34,855.12 Ready Kit,Spare Pads Powerheart AED G3 Plus Automatic Package:AED,Carry Case, 9390A-1001P $ 2,095.00 1 $ - Ready Kit,Spare Pads AED Accessorise I Upgrade Options: Item List city Prkeleach Subtotal Pediatric Defibrillation Pads-two year shelf life 9730-002 $ 99.00 44 $ - IntelliSense Lithium Battery(yellow):for Powerheart AED G3 models 9146-202 $ 395.00 44 $ - 9390A.9390E,9300E and 9300A shipped after April 12,2004 AED Trainer-includes Training Pads and Remote Control:.English 180-5020-101 $ 399.00 1 $ - (U.S.),French,Portuguese(Brazil),Spanish,Italian Adult Training pads(one pair)for use with Cardiac Science training device 9035-004 $ 25.00 1 $ - Pediatric Training pads(one pair)for use with Cardiac Science training device 9725-001 $ 69.95 1 $ - Carrying case for 9300 series AED G3 . 168-6000-001 $ 110.00 1 $ - Upgrade Options $ - $ - $ - Program Management: Champion Name'. 1 Mike Eckler 1 Phone 1 847-289-2771 Email eckler_m@cityofelgin org I Item I List Qty I Prtce/each I Subtotal Mlecallensous Items(enter es needed): $ - order subtotal(excluding tee and shipping): $34,855.12 Sales Tax None Shipping None Grand Total: $ 34,855.12 Comments/Notes Section. Please send purchase orders and correspondence in Fax To: 630-566-3923 Please send o8yment lo: Cardiac Science Corporation Cardiac Science Corporation N7 W22025 JOHNSON DRIVE P.O.Box 83261 WAUKESHA,WI 53186 Chicago,IL 60691-0261 Tel-•1 800 901 5405 Rev March 1.2012 r CARDIAC science- TERMS AND CONDITIONS This Agreement is hereby made and entered into this day of November 8,2012,by and between the City of Elgin,Illinois a municipal corporation(hereinafter referred to as"Customer")and Cardiac Science Corporation,a Delaware Corporation(hereinafter referred to as"Cardiac Science"). These Terms and Conditions together with this agreement between Buyer and Cardiac Science shall apply to the sale to Buyer of all goods(including AEDs,oxygen,first-aid kits and other goods)and services (including training,consultation,maintenance and other services)purchased hereunder. 1. Terms and Conditions.This Agreement sets forth the sole and entire agreement between the parties regarding the sale of goods and services herein and supersedes any contemporaneous oral agreements between them regarding the same.Any alteration to these terms and conditions shall be effective only if made in writing and signed by authorized representatives of both parties.Facsimile signatures shall be effective to bind either Party to the terms hereof. 2. Payment,Price&Acceptance. All sales are final and payment for products and services are due upon receipt of invoice,unless otherwise specified on the order.All prices are F.O.B.Cardiac Science's designated shipping point.Title and risk of loss shall transfer from Cardiac Science to Buyer at destination. Prices do not include,and Buyer shall pay applicable sales tax unless Buyer provides Cardiac Science with a valid tax exemption certificate.Buyer shall pay all freight,handling and insurance charges for shipments of goods.Upon Buyer's receipt,all goods shall be deemed accepted by Buyer unless Cardiac Science's Order Entry Department is contacted at 1-800-991-5465 within five business days of delivery,specifying the defects or discrepancies in the quality or quantity of goods. All services shall be deemed as accepted upon the performance thereof,unless Buyer provides Cardiac Science notice specifying defects or discrepancies in the quality of such services within one business day of delivery of services. 3. Training Services. When training has been purchased Cardiac Science shall contact Buyer within 5 business days to initiate the scheduling of training classes and Buyer agrees that training classes shall begin no later than 30 days after the date that Buyer receives delivery of the AED equipment.Buyer understands that Federal or State law may require training prior to AED equipment use,and Buyer agrees to meet all applicable requirements for training of personnel and operation of AEDs.The addition of students,classes or rescheduling of any class requires the prior approval of Cardiac Science. If Buyer cancels a scheduled training class within 10 business days,Buyer agrees to pay a 100%cancellation fee. Unused training expires 12 months from purchase. 4. Customer Obligations. Buyer shall immediately notify Cardiac Science's Customer Service Dept.at 1-800-991-5465 in the event of the following:(a)if equipment has been used for an emergency or is in need of service;(b)if the AED indicates,in any manner(either visually or by sound),that the unit requires service.Buyer agrees not to defeat,disable or circumvent any protection mechanism related to the AED device.Buyer agrees to use the AED(s)covered under this agreement in accordance with applicable law, the operating instructions and medical direction outlined in Cardiac Science's AED Response Protocol. 5. License. Cardiac Science hereby grants Buyer a revocable,non-exclusive,non-transferable license to use the products solely in accordance with applicable law and the operating instructions.Buyer may not copy,modify,decompile,disassemble or reverse engineer or create derivative works based upon any Cardiac Science product.Except for the rights expressly granted herein,no right,title or ownership interest in any product or service,including any copyright,patent,trademark,or other intellectual property or proprietary right therein,is conveyed to Buyer,expressly or by implication. 6.Indemnification.Cardiac Science Corporation("CSC")will defend and indemnify any person or entity who purchases,rents,leases or uses/deploys an Automated External Defibrillator("AED")from CSC or one of its authorized distributors("Customer")against any claims,damages,liabilities,or actions asserted by any third party(each,a""Claim"")arising out of personal injury caused by any AED if and to the extent the Claim is based upon(i)the failure of an AED to function or perform in accordance with its specifications or(ii)defects in design,material,or workmanship of an AED.CUSTOMER MAY NOT TRANSFER OR ASSIGN ITS RIGHTS UNDER THIS POLICY. Indemnification under this Agreement is not available to Customer: (i)if the AED is used in any manner other than for its intended purpose;(ii)if Customer does not follow the required maintenance procedures; (iii)for Claims arising from the negligence or other malicious or illegal actions of Customer or its personnel;or(iv)for claims involving use of non-Cardiac Science or out-of-date pads or batteries.In addition,CSC will not be obligated to indemnify Customer under this Agreement if the patient is successfully defibrillated through the use of the AED. Coverage is effective for the period in which CSC is providing service and related support for AED models manufactured and deployed by CSC. Customer Responsibilities Indemnification is contingent upon the following: •AEDs must be used for its intended purpose and in accordance with the instructions set forth in the AED User Manual. •Customer must comply with the standard maintenance protocols for the AEDs set forth in the AED User Manual. •Customer must preserve the self-test,rescue,and other data recorded by the AEDs and provide CSC access to such data. •Customer must(a)give CSC prompt written notice of the Claim,(b)tender defense of the Claim to CSC, (c)cooperate with CSC and assist in the defense of the Claim,and(d)not settle the Claim without the prior written consent of CSC,which will not be unreasonably withheld. 7. Defense of Claims.Cardiac Science Corporation(""CSC"")will assume unrestricted authority to defend or settle all claims under this policy.CSC will not be liable to Customer for any defense expenses (including but not limited to fees and disbursements of legal counsel)incurred by Customer subsequent to CSC's assumption of the defense case. 8. LIMITATION OF LIABILITY. TO THE MAXIMUM EXTENT ALLOWABLE UNDER APPLICABLE LAW,(I)CARDIAC SCIENCE SHALL NOT BE LIABLE TO BUYER FOR ANY INDIRECT,INCIDENTAL,SPECIAL OR CONSEQUENTIAL DAMAGES(INCLUDING BUT NOT LIMITED TO LOST OF PROFITS,BUSINESS AND REVENUE)SUSTAINED OR INCURRED IN CONNECTION WITH THE AGREEMENT AND THE PRODUCTS AND SERVICES THAT ARE SUBJECT TO THE AGREEMENT,REGARDLESS OF THE FORM OF ACTION AND WHETHER OR NOT SUCH DAMAGES ARE FORESEEABLE,AND(II) CARDIAC SCIENCE'S TOTAL LIABILITY UNDER THIS AGREEMENT SHALL BE LIMITED TO THE PURCHASE PRICE PAID BY BUYER HEREUNDER. SOME JURISDICTIONS RESTRICT LIMITATIONS OF LIABILITY,SO THE LIMITATIONS IN THIS PARAGRAPH MAY NOT APPLY TO YOU. 9. This agreement shall be subject to and governed by the laws of the State of Illinois.Venue for the resolution of any disputes or the enforcement of any rights arising out of or in connection with this agreement shall be in the Circuit Court of Kane County,Illinois. 10. The terms of this Agreement shall be severable.In the event any of the terms or provisions of this Agreement are deemed to be void or otherwise unenforceable for any reason the remainder of this Agreement shall remain in full force and effect. 11. Notwithstanding any other provision of this Agreement,it is expressly agreed and understood that in connection with the performance of this Agreement,Cardiac Science shall comply with all applicable federal,state,city and other requirements of law,including,but not limited to,any applicable requirements regarding prevailing wages,minimum wage,workplace safety and legal status of employees.Without limiting the foregoing,Cardiac Science hereby certifies,represents and warrants to Customer that all of Cardiac Science's employees and/or agents who will be providing products and/or services with respect to this Agreement shall be legal residents of the United States.Cardiac Science shall also,at its expense, secure all permits and licenses,pay all charges and fees,and give all notices necessary and incident to the due and lawful prosecution of the work,and/or the products and/or services to be provided for in this Agreement.Customer shall have the right to audit any records in the possession or control of Cardiac Science to determine Cardiac Science's compliance with the provisions of this section.In the event Customer proceeds with such an audit,Cardiac Science shall make available to Customer Cardiac Science's relevant records at no cost to Customer.Cardiac Science shall pay any and all costs associated with any such audit. BY SIGNING THIS AGREEMENT,CUSTOMER REPRESENTS THAT THEY ARE AUTHORIZED TO PURCHASE AND AGREES TO CARDIAC SCIENCE TERMS& CONDITIONS. AEDs are intended for use by or on order of a physician or persons licensed by state law. I HAVE READ AND AGREE TO CARDIAC SCIENCE'S TERMS AND CONDITIONS. IINSERT COMPANY NAME OF/F11 Authorized Signature: Print Name: Sean R. S f gall Title: City Manager Date: November 14, 2012 Cardiac Science Corporation Cardiac Science Corpo(ation N7W22025 Johnson Drive Waukesha,WI 53186 By Tel: 1-800-426-0337 Bry Heriau Fax: 1-800-925-2825 www.eardiacscience.com . • • w n •EPORT TO MAYOR & MEMBERS OF CITY COUNCIL E LG I N THE CITY IN THE SUBURBS- AGENDA ITEM: G MEETING DATE: October 24, 2012 ITEM: State Contract Purchase from Cardiac Science of Automated External Defibrillator Devices for Use by City Personnel ($34,855) OBJECTIVE: Update equipment, reduce maintenance costs and increase the availability of lifesaving devices for city personnel to use during an emergency situation. RECOMMENDATION: Approve the state contract purchase of forty-four automated external defibrillator devices in the amount of$34,855. rb- BACKGROUND The city has been placing automated external defibrillators (AEDs) in city-owned buildings and police vehicles since 2004. These devices allow city employees and citizens and with minimal medical training to deliver a lifesaving shock to victims in cardiac arrest. The city currently has 44 AEDs in use by the police department and other city departments that are currently out of warranty. All of the AEDs have all been in service for six to eight years. This is a fairly long time for medical devices with the rapid changes in medical technology and advances in resuscitation science. The cost of repairing an out-of-warranty AED is expensive—ranging from $600 to $1,000 per unit depending on the issue. Additionally, all of the out-of-warranty AEDs require new adult pads, pediatric pads, batteries and ready kits over the next six months. OPERATIONAL ANALYSIS Recognizing the considerable expense with repairing and maintaining the city's AEDs over the next several years, staff investigated the costs for replacing the city's current out-of-warranty AEDS. New AEDs are available for very low pricing through a state contract that expires in No- vember. It is difficult to predict whether the pricing for AEDs will drop or potentially increase next year. r t 1 With the city maintaining AEDs from four different manufacturers, the various AED types are subject to differing parts replacement cycles. This requires purchasing different brands of re- placement supplies in various quantities and prevents the city from obtaining the best possible pricing. By purchasing new AEDs that are of the same manufacturer, all AEDs will be on the same supply rotation schedule, allowing purchases in bulk that will save the city money and provide consistency in equipment for training personnel. Because the city can replace and maintain its current inventory of AEDs for less than the cost of repairing and maintaining the current out-of-warranty AEDs, staff is recommending that the current AEDs be replaced utilizing the state contract. This purchase will provide the city with AEDs covered by a seven year warranty, keeping the program intact until 2019. INTERESTED PERSONS CONTACTED None. FINANCIAL ANALYSIS It is more cost effective to purchase new AEDs rather than maintain the existing and outdated AEDs. The replacement of all 44 AEDs will cost $34,855.12 utilizing the state contract and trade in of the existing out-of-warranty AEDs. The cost of maintaining the new AEDs over the next seven years will be $14,060. The cost to maintain the existing out of warranty AEDs will be $80,528 over the next seven years and will not cover any repairs or software upgrades. BUDGET IMPACT FUND(S) ACCOUNT(S) PROJECT#(S) AMOUNT AMOUNT BUDGETED AVAILABLE General 010-2308-731.17-08 $34,855 $34,855 LEGAL IMPACT This purchase is part of the State of Illinois Joint Purchasing Program. ALTERNATIVES The city council may choose not to purchase new automated external defibrillator devices which would result in maintaining the current devices currently owned by the city. NEXT STEPS 1. Procure the equipment. 2. Provide the equipment to personnel. 2 Originators: Michael Eckler, Emergency Medical Dispatch Coordinator Dennis Hood, Sergeant Jeffrey Swoboda, Chief of Police Final Review: Colleen Lavery, Chief Financial Officer William A. Cogley, Corporation Counsel/Chief Development Officer Richard G. Kozal, Assistant City Manager/Chief Operating Officer Sean R. Stegall, City Manager ATTACHMENTS A. Quotation for 44 Automated External Defibrillator Devices 3 d°1) CARDIAC science• 2012 Purchase Agreement Terntory Mgr Bryan Heriaud Date October 1.2012 Customer City of Elgin Contact Name. Mike Eckler Address 1 151 Douglas Ave. me Emergency Medical Dispatch Coordinator Address 2 Phone:847-289-2771 City Elgin Fax State. IL Zip: 60120 E-mail eckier m,a'cltyo elgrn.orq County. COUNTY Invoice to- •cereorraausns adners 0 IedMdul tamore lrxoede etas) Tax exemption P Tax Exemption Form Attached Payment Term Payment due upon receipt 6p.city Payment Terme here r other P.O Si Not Applicable Payment:Check CODE Class ID End User Segment: Lead. Priang Code:(if PAD/Contract): Affiliation:Illinois State Contract PS004015895 Customer City of Elgin Contact Name: Mike Eckler Address r 151 Douglas Ave. rise:. Emergency Medical Dispatch Coordinator Address 2 SUITE Phone 847-289-2771 city: Elgin Fax. Stale. IL Zip 60120 E-mail.eckler m@cityofelqin.org County: COUNTY SNpping Method: FedEx-Ground F O.B. Factory Freight Collet Account. E•UIPMENT,ACCESSORIES,and PROGRAM MANAGEMEI' AED Devices: Item List City Price/each Subtotal Powerheart AED G3 Plus Automatic Package:AED,Carry Case. 9390A-1001P $ 2,095.00 44 $ 917.24 $ 40,358.56 Ready Kit.Spare Pads AED Accessories/Upgrade Options: Item I List any Priceleach Subtobd Pediatric Defibrillation Pads-two year shelf life 9730-002 $ 99.00 44 $ - IntelliSense Lithium Battery(yellow):for Powerheart AED G3 models 9146-202 $ 395.00 44 $ - 9390A,9390E,9300E and 9300A shipped after April 12,2004 AED Accessories $ - $ - $ - AED Trainer-includes Training Pads and Remote Control:.English 180-5020-101 $ 399.00 1 $ - (U.S.).French,Portuguese(Brazil;.Spanish,Italian Program Management: Champion Name: I Mike Ec<.e' I Phone. 847-289-2771 Email: eckler_m@citysfelgm.org i Item I List Sty I Priceleaxh I Subtotal Miscellaneous Items(enter as needed): Trade In-38 FR2s,4 Onsite,1 CR Plus and 1 Defibtech 1 6 $ (917.24) $ (5,503.44) AED Shock Box Pelican Case for Cardiac PowerHeart G3 Plus I 14 $ - $ - order Subtotal(.xnWtllna tax and shipping): $34,855.12 Sales Tax: None Shipping: None Grand Total: $ 34,855.12 Comments/Notes Sectors: Please send purchase orders and correspondence to: Fax To: 630-566-3923 Please sendpayment to: Cardiac Science Corporation Cardiac Science Corporation N7 W22025 JOHNSON DRIVE P.O.Box 83261 WAUKESHA,WI 53186 Chicago,IL 60691-0261 Tel-•1 B00.991.5465 Rev March 1.2012 A) I. E. CARDIAC(111114' S(�`ence TERMS AND CONDITIONS These Terms and Conditions together with this agreement between Buyer and Cardiac Science shall apply to the sale to Buyer of all goods(including AEDs.oxygen,first-aid kits and other goods)and services(including training.consultation.maintenance and other services)purchased hereunder. I.Terms and Conditions.This Agreement sets forth the sole and entire agreement between the parties regarding the sale of goods and services herein and supersedes any contemporaneous oral agreements between them regarding the same.My alteration to these terms and conditions shall be effective only if made in writing and signed by authorized representatives of both parties.Facsimile signatures shall be effective to bind either Party to the terms hereof 2. Payment,Price&Acceptance.All sales arc final and payment for products and services are due upon receipt of invoice.unless otherwise specified on the order All prices are F.O.B.Cardiac Science's designated shipping point Title and risk of loss shall transfer from Cardiac Science to Buyer at Cardiac Science's designated shipping point. Prices do not include,and Buyer shall pay applicable sales lax unless Buyer provides Cardiac Science with a valid tax exemption certificate.Buyer shall pay all freight,handling and insurance charges for shipments of goods.Upon Buyer's receipt.all goods shall be deemed accepted by Buyer unless Cardiac Science's Order Entry Department is contacted at I-800-991-5465 within one business day of delivery.specifying the defects or discrepancies in the quality or quantity of goods All services shall be darned as accepted upon the performance thereof,unless Buyer provides Cardiac Science notice specifying defects or discrepancies in the quality of such smites within one business day of delivery of services. 3.Training Services.When naming has been purchased Cardiac Science shall contact Buyer within 5 business days to initiate the scheduling of training classes and Buyer agrees that training classes shall begin no later than 311 days after the date that Buyer receives delivery of the AED equipment.Buyer understands that Federal or State law may require training prim to AED equipment use,and Buyer agrees to meet all applicable requirements for training of personnel and operation of AEDs.The addition of students.classes or rescheduling of any class requires the prior approval of Cardiac Science. If Buyer cancels a scheduled training class within 10 business days,Buyer agrees to pay a IIID%cancellation fee. Unused training expires 12 months from purchase. 4.Customer Obligations.Buyer shall immediately notify Cardiac Science's Customer Service Dept.at 1-800-991-5465 m the event of the following:(a)if equipment has been used for an emergency or is in need of service;(b)if the AED indicates.in any manner(either visually or by sound),that the unit requires service.Buyer agrees not to defeat,disable or circumvent any protection mechanism related to the AED device.Buyer agrees to use the AED(s)covered under this agreement in accordance with applicable law,the operating instructions and medical direction outlined in Cardiac Science's AED Response Protocol. 5. License.Cardiac Science hereby grants Buyer a revocable,non-exclusive,non-transferable license to use the products solely in accordance with applicable law and the operating instructions. Buyer may not copy.modify,decompilc,disassemble or reverse engineer or create derivative works based upon any Cardiac Science product.Except for the rights expressly granted herein,no right, tale or ownership interest in any product or service,including any copyright,patent,trademark,or other intellectual property or proprietary right therein.is conveyed to Buyer,expressly or by implication. 6.Indemnification.Cardiac Science Corporation("CSC")will defend and indemnify any person or entity who purchases.rents,leases or uses/deploys an Automated External Defibrillator("AED") from CSC or one of its authorized distributors("Customer')against any claims,damages,liabilities.or actions asserted by any third party(each,a"Claim")arising out of personal injury caused by any AED if and to the extent the Claim is based upon(i)the failure of an AED to function or perform in accordance with its specifications or(ii)defects in design,material,or workmanship of an e AED CUSTOMER MAY NOT TRANSFER OR ASSIGN ITS RIGHTS UNDER THIS POLICY. Indemnification under this Agreement is not available to Customer(0 if the AED is used in any manner other than for its intended purpose;(ii)if Customer does not follow the required maintenance procedures;(iii)for Claims arising from the negligence or other malicious or illegal actions of Customer or its personnel;or(iv)for claims involving use of non-Cardiac Science or out-of-date pads of- batteries. batteries.In addition.CSC will not be obligated to indemnify Customer under this Agreement if the patient is successfully defibrillated though the use of the AED. Coverage is effective for the period in which CSC is providing service and related support for AED models manufactured and deployed by CSC Customer Responsibilities Indemnification is contingent upon the following: •AEDs must be used for its intended purpose and in accordance with the instructions ser forth in the AED User Manual. •Customer must comply with the standard maintenance protocols for the AEDs set forth in the AED User Manual. •Customer must preserve the self-test,rescue,and other data recorded by the AEDs and provide CSC access to such data. •Customer must(a)give CSC prompt written notice of the Clain.(b)tender defense of the Claim to CSC,(c)cooperate with CSC and assist in the defense of the Claim,and(d)not settle the Claim without the prior written consent of CSC,which will not be unreasonably withheld. 7. Defense of Claims.Cardiac Science Corporation("CSC`)will assume unrestricted authority to defend or scale all claims under this policy.CSC will not be liable to Customer for any defense expenses(including but not limited to fees and disbursements of legal counsel)incurred by Customer subsequent to CSC's assumption of the defense ease. 8. LIMITATION OF LIABILITY.TO THE MAXIMUM EXTENT ALLOWABLE UNDER APPLICABLE LAW,(I)CARDIAC SCIENCE SHALL NOT BE LIABLE TO BUYER FOR ANY INDIRECT,INCIDENTAL,SPECIAL OR CONSEQUENTIAL DAMAGES(INCLUDING BUT NOT LIMITED TO LOST OF PROFITS,BUSINESS AND REVENUE)SUSTAINED OR INCURRED IN CONNECTION WITH THE AGREEMENT AND THE PRODUCTS AND SERVICES THAT ARE SUBJECT TO THE AGREEMENT,REGARDLESS OF THE FORM OF ACTION AND WHETHER OR NOT SUCH DAMAGES ARE FORESEEABLE.AND(II)CARDIAC SCIENCE'S TOTAL LIABILITY UNDER THIS AGREEMENT SHALL BE LIMITED TO THE PURCHASE PRICE PAID BY BUYER HEREUNDER SOME JURISDICTIONS RESTRICT LIMITATIONS OF LIABILITY,SO THE LIMITATIONS IN THIS PARAGRAPH MAY NOT APPLY TO YOU. BY SIGNING THIS AGREEMENT,CUSTOMER REPRESENTS THAT THEY ARE AUTHORIZED TO PURCHASE AND AGREES TO CARDIAC SCIENCE TERMS a CONDITIONS. AEDs am MerMad rar us*by or on ardor ole physician or parsons boomed by stale i.e I HAVE READ AND AGREE TO CARDIAC SCIENCE'S TERMS AND CONDITIONS. Acrvuveed Signature Print Name. Title Dabs. • Carden Science Corporation Tel'. 1-800.891-5085 3303 Monte Villa Parkway Fax 1-670.566-390 Bothell,WA 98021 www camacscerce corn page 2 oft C 0 • •