(Formely known as Philips Electronics India Limited)

REGISTERED OFFICE : 3rd Floor, Tower A, DLF IT Park 08 Block AF, Major Arterial Road (Rajarhat), Kolkata - 700156, West Bengal

Philips Service Agreement

Pavan & Padma Neuro& Gynaec Centre
Quote Ref No:  08­01­2020/SR/ETR1/10
(Formely known as Philips Electronics India Limited)

REGISTERED OFFICE : 3rd Floor, Tower A, DLF IT Park 08 Block AF, Major Arterial Road (Rajarhat), Kolkata - 700156, West Bengal

"CLIENT"
Pavan & Padma Neuro& Gynaec Centre
H.No.3-1-440, Vavilalapally
karimnagar - 505001
Quotation Ref: 08-01-2020/SR/ETR1/10
Attn: Administrator. Date: 08/01/2020
Sub : Annual Maintenance Agreement
Dear Sir/Ma’am,
Realizing the importance you attach to Planned Maintenance, we request you to enter into/ renew an Annual Service
Agreement, subject to the terms and conditions mentioned overleaf. This agreement will come into effect from the date
indicated below, subject to receiving your acceptance together with your Cheque for full payment before the said date.
Please sign the DUPLICATE copy of this Agreement and return it to us in token of your acceptance.
Summary of covered equipment:
(Formely known as Philips Electronics India Limited)

REGISTERED OFFICE : 3rd Floor, Tower A, DLF IT Park 08 Block AF, Major Arterial Road (Rajarhat), Kolkata - 700156, West Bengal

Period : From 01/01/2020 to 31/12/2020

PMs Unit
Contract Total(Excl.
Model Contract Type Quantity per Price(Excl.
Variant Taxes)
Year Taxes)
Labor INR
HD 5 Ultrasound System Value 1 2 INR 57475
only 57,475.00
Total(Excl. Taxes) : INR 57,475.00
IGST Tax @18% : INR 10,345.50
Total Amount Payable : INR 67,820.50
(Indian Rupees Sixty Seven Thousand Eight Hundred and Twenty One Only.)

HSN /SAC : 998719

Frequency of Service :

As per agreed contract type.

Taxes & other Statutory Levies :

The rates shown above are the current Taxes. However the
Taxes and other Statutory Levies will be applicable on actuals at
the prevailing rates at the time of invoicing.

Philips India Bank A/c details for initiating RTGS/NEFT:

Customer's Name : Philips India Ltd

Particulars of Bank Account : 0015060034
Bank Name : ClTl Bank NA
Branch Name : Fort Branch
Branch Address : CITI Bank NA ,Bombay Mutual Building,
293,Dr. D.N Road, Fort Mumbai – 400 001.
Bank Branch RTGS|IFSC Code : CITI0100000
AD Code : 6480004-6000009
Account Type : CURRENT ACCOUNT

Additional Comments
Labor Contract for HD5 System.
Spares/Transducers/Consumables/Accessories/Batteries/Printers and
other 3rd party items are not covered in this contract.
(Formely known as Philips Electronics India Limited)

REGISTERED OFFICE : 3rd Floor, Tower A, DLF IT Park 08 Block AF, Major Arterial Road (Rajarhat), Kolkata - 700156, West Bengal

Coverage Overview
Quotation Ref: 08-01-2020/SR/ETR1/10
Configuration Date: 08/01/2020
Equipment
System Description
HD 5 Ultrasound System
CI55150213

Equipment No / Serial No

Service Contract Overview

Type of Contract Value
Type of Contract Variant Labor only
Parts and Labor Coverage
Labor and Travel Included
Normal Parts Excluded
Strategic parts I (Standard transducers) Excluded
Strategic parts II (Special transducers) Excluded
Strategic parts III (TEECare Standard, Shared or Full) Excluded
FCO Software and Hardware Updates Included
Technical Phone Support Included
(Formely known as Philips Electronics India Limited)

REGISTERED OFFICE : 3rd Floor, Tower A, DLF IT Park 08 Block AF, Major Arterial Road (Rajarhat), Kolkata - 700156, West Bengal

GENERAL: (Value / Support / Assist) CSA Number: 08-01-2020/SR/ETR1/10

This Agreement is entered into by and between PHILIPS INDIA LIMITED, formerly PHILIPS ELECTRONICS INDIA
LIMITED a company registered under the Companies Act 1956, havingits registered office at 7, Justice Chandra
Madhab Road, Kolkata – 700 020, West Bengal, INDIA and Corporate office inter-alia at 8th Floor, DLF Cyber City,
DLF Phase – III, Sector – 25, Gurgaon, Haryana – 122 002, India , hereinafter referred 
to as "PIL" (which expression
shall unless it be repugnant to the meaning or context thereof be deemed to mean and include its successors and
assigns)
AND
Pavan & Padma Neuro& Gynaec Centre having its registered office at, H.No.3-1-440, Vavilalapally,
karimnagar, 505001.

hereinafter referred to as "CLIENT” (which expression shall unless it be repugnant to the meaning or context thereof

be deemed to mean and include its successors and assigns).

Each herein referred to as a “Party” and collectively referred to as the “Parties”.
NOW IT IS HEREBY AGREED AND DECLARED, AS FOLLOWS:

1. NATURE OF THE CONTRACT:

The CLIENT has installed the aforementioned equipment(s) at its premises. PIL hasagreed to provide
maintenance services to CLIENT for the equipment(s) detailed overleaf on basis of terms and conditions given
hereunder.
2. SCOPE OF THE CONTRACT:

2.1 Under this Agreement PIL shall provide planned maintenance to keep the CLIENT’s 
equipment in good
working order.
2.2 For planned maintenance PIL shall make visits on dates mutually convenient to CLIENTand PIL. During these
planned maintenance calls PIL may also undertake breakdown maintenance work wherever possible.
Breakdown calls shall cover rectification of the faults subject to availability of spare parts with the CLIENT. It
does not include major overhauls including but not limited to shifting of Equipments, reinstallation at other sites,
etc which will be charged for separately on basis of estimates of repair submitted to CLIENT.
2.3 PIL will depute their Customer Support Engineer for breakdown call within reasonabletime from receipt of the
call from CLIENT. PIL shall not be responsible for delayin servicing due to non-availability of spares or due to
any reasons beyond its control like at the event of natural calamities, strikes, etc.
2.4 PIL’s service shall be provided during normal working hours i.e. from 9.00 a.m. to 5.00 p.m. from Monday
through Friday, excluding holidays. The customer should register a Complaint with our Customer Care
Solution Center at our Toll free Number 18004196788. Working hours shall be reckoned from the time the
Customer Support Engineer leaves PIL until he returns to Headquarters.
Overtime work beyond normal working hours shall be charged extra at double PIL’s hourly overtime rate. The
overtime charges will apply only in the event CLIENT desiresPIL Engineers to work beyond the normal
working time to complete repairs.
Service work not covered under this contract shall be charged at PIL’s standard ruling rates plus the travel
expenses at actuals.
2.5 Any defects in the electrical installation and/or wiring outside the equipment(s) or power supply fluctuation or
equipment not covered by this Agreement will be rectified by CLIENT at his own cost.
2.6 It shall be CLIENT’s obligation to provide proper environment conditions as advised at the time of installation
of the equipment(s). PIL shall not be responsible for any damage or loss or malfunctioning of the System or
Equipment due to non-availability of proper environmental conditions.
2.7 PIL shall not be responsible to carry out the repairs where :

Repairs and/or modifications are required due to applications/usages other than those for which the
i
equipment is designed.
ii The equipment is opened/serviced/repaired or modified by any unauthorized agency/personnel.
(Formely known as Philips Electronics India Limited)

REGISTERED OFFICE : 3rd Floor, Tower A, DLF IT Park 08 Block AF, Major Arterial Road (Rajarhat), Kolkata - 700156, West Bengal

The equipment has been disabled by Natural Calamities (like Earth Quake, Floods,Fire, riots etc),
iii accidents, explosion, tampering, neglect or misuse, failure of electrical power, air-conditioning, humidity
control or causes other than ordinary use.
iv Natural wear and tear has taken its toll.
V In PIL’s opinion, equipment is irreparable.

2.8 PIL shall not be liable for any loss, direct or indirect due to faulty operations/application of the equipment(s).
PIL shall also not be responsible for any indirect, special, incidental, or consequential damages of any
character including, without limitation, damages for loss of goodwill, work stoppage, equipment failure or
malfunction, or any and all other commercial damages or losses, even if PIL shall have been informed of the
possibility of such damages, or for any claim by any other party. Further, in no event shall liability of PIL or its
employees or agents under any provision of this agreement exceed the service or maintenance charges paid
to PIL for the annual maintenance.
2.9 The Agreement shall be entered into by PIL after checking the equipment for its satisfactory working. If any
repairs are considered necessary to bring the equipment(s) in good working condition before taking over for
service contract purposes, such repairs will be charged for separately. This clause shall not apply if the
Agreement is entered immediately after the expiry of warranty period or at the time of renewal of an existing
Agreement with PIL.
2.10 CLIENT will give to PIL Customer Support Engineer full access to the equipment(s)to enable him provides
maintenance service. CLIENT will provide to PIL CustomerSupport Engineer all necessary operating and
service manuals for the equipment(s) covered by this contract. CLIENT will provide full support and
acceptance to PIL to access the equipment (s) through Philips Remote Service network to monitor system
performance and utilization whenever applicable. Also assistance by CLIENT’s staff working on the system
familiar with the programs will be extended to PIL engineer as and when required.
2.11 In case repairs are not possible at site, the equipment /subassemblies/ field replacement units may be brought
to PIL’s workshop for repairs. The equipment will be at PIL’s premises at CLIENT’s risk. However, if the
CLIENT so desires, PIL shall arrange an insurance cover at CLIENT’s cost.
2.12 Accessories like ECG cables, probes,(other than what is specified)cuffs, tubing,inter paddles, pacer pads etc
& battery, plugging accessories are not covered in the contract.
If the part(s) are bought under exchange program, the defective part(s) will be retained by PIL for re-exporting.
If the part(s) supplied are under exchange program, the defective part(s) will be retained by Philips India
Limited For re-exporting.
3 ASSIGNMENT:
The CLIENT shall not assign this agreement or any part thereof or any benefit thereunder to any third party
without written consent of PIL.
In the event of change of ownership of the equipment this agreement stands terminated and no refund of any
amount shall be made to the CLIENT.
4 PRICES:
The prices are set out in a Quotation are net of any taxes, local levies etc. including but not limited to value
added tax, sales tax, consumption tax and similar taxes which are imposed by any governmental entity or
authority such as GST (the “Taxes”). All Taxes on the amounts due hereunder, or which otherwise arise out of
or are imposed in relation to the supply of Products, shall be borne by the Customer. If applicable each party
shall be responsible for taxes based on its own net income, employment taxes (including any social taxes) of
the personnel engaged by it, and for taxes on any property it owns or leases. Sales tax and other levies as
impose by Government authority such as GST if any, will be charged extra as applicable.
5 MOVEMENT OF SYSTEM TO A NEW LOCATION:
No equipment or part thereof shall be moved from the location mentioned in this agreement without written
consent of PIL. In case of change in location, PIL shallhave the right to terminate this agreement and/or revise
the maintenance charges.
All charges and expenses for movement of the equipment to the new location and charges for dismantling,
reinstallation, checking and commissioning shall be payable by the CLIENT. Transit insurance also shall be the
responsibility of the CLIENT.
6 SPARE PARTS:
This contract will not cover any consumables or accessories unless specifically agreed in writing.
(Formely known as Philips Electronics India Limited)

REGISTERED OFFICE : 3rd Floor, Tower A, DLF IT Park 08 Block AF, Major Arterial Road (Rajarhat), Kolkata - 700156, West Bengal

7 PAYMENT TERMS: Prepaid

The first visit under this contract will generally be made after payment is received by PIL. If the payment is not
received by PIL within 30 days as specified above, PIL shall be at liberty to terminate this Agreement without
prejudice to their rights and recover the amount towards charges for services if any rendered at their standard
rates.
8 RENEWAL :
On expiry of the period mentioned earlier, this Agreement stands automatically renewed on a year-to-year
basis subject to mutual consent/revision of charges unless notice of termination is given as in clause 8. Our
Standard price Escalation is 10% over Last Year’s Tax excluded Price (Same Configuration).
9 TERMINATION:
This contract may be terminated at any time by either party on serving 30 days prior written notice to other
party.
10 ARBITRATION:
I) Any dispute, controversy or claim arising out of or in connection with this Agreement, or the breach, termination
or of interpretation or meaning of any term hereof or as to any claim by one against the other, or otherwise or
invalidity, the disputing Part shall give written notice to the other Party to resolve or settle such dispute through
mutual discussion and negotiations. If no settlement can be reached within 30 calendar days after such dispute
has arisen, then the same shall be refereed to sole arbitrator to be appointed by PIL and the arbitration shall
be governed by the Arbitration and Conciliation Act, 1996. The place of arbitration shall be Gurgaon. The
language to be used in the arbitration proceedings shall be English.
II) This Agreement shall be governed by the Indian laws.
10 REGULATORY COMPLIANCE :
11.1 PNDT Compliance :-

I) The CLIENT have read and understood the regulations under following Act and Rules :

a) The Pre-natal Diagnostic Techniques (Regulation and Prevention of Misuse) Act 1994;
b) The Pre-natal Diagnostic Techniques (Regulation and Prevention of Misuse) RULES, 1996
c) Pre-natal Diagnostic Techniques (Regulation and Prevention of Misuse) Amendment Act,2002 and
d) The Pre-natal Diagnostic Techniques (Regulation and Prevention of Misuse) RULES, 2011

II) The CLIENT shall assure to take appropriate action to comply with regulation by taking following actions:

a) Client shall ensure to communicate to Appropriate authority (PC &PNDT) regardingany further
inclusion of ultrasound machines/imaging machines or any other equipment, capable of detecting sex
of foetus inclusion to institution and ensure to complete registration.
b) The CLIENT shall ensure to send to the concerned Appropriate Authority, once a montha complete
report in respect of preconception and pregnancy related procedures conducted by them in respect of
each month by 5th days of following month.
c) The CLIENT shall ensure to maintain valid PC &PNDT registration issued for its Diagnostic
Centre/Hospital and ensure that such equipment shall not be used by any non authorised person. The
CLIENT shall ensure to submit application for renewal within thirtydays before the date of expiry of the
certificate of registration, copy of Acknowledgement of receipt of such application issued by the
appropriate authority to be provided to Philips.
d) The CLIENT shall ensure to inform the Appropriate Authority as per law prior todisposal of existing US
unit either to Philips or to any other third party.
e) CLIENT shall strictly comply with the provisions of Pre-natal Diagnostic Techniques(Regulation and
Prevention of Misuse) Act 1994, 2003 and Rules1996, 2011 and shall indemnify and keep Philips India
Limited and its officers indemnified against any claim whatsoever that may arise due to our failure or
noncompliance with the requirements of Pre-natal Diagnostic Techniques (Regulation and Prevention
of Misuse) Act 1994, 2003 and Rules 1996, 2011.

11.2 AERB Compliance:

I) The CLIENT has read and understood the AERB Regulations issued by the Atomic EnergyRegulatory
(Formely known as Philips Electronics India Limited)

REGISTERED OFFICE : 3rd Floor, Tower A, DLF IT Park 08 Block AF, Major Arterial Road (Rajarhat), Kolkata - 700156, West Bengal

Board mentioned below:(i)Atomic Energy Act, 1962(ii)Radiation ProtectionRules, 1971(iii)Radiation

Surveillance Procedures For Medical Applications of Radiation,1989(iv)AERB Safety Code No.
AERB/SC/MED-2 (Rev-1) 2001.
II) The CLIENT will be responsible for ensuring radiation safety in work area, availabilityof RSO and
qualified personnel for handling of X-ray equipment, and providing them requisite equipment and
facilities to discharge their duties. The CLIENT shall alsobe responsible for ensuring that personnel
monitoring devices are made available to the radiation workers. He/she shall inform the competent
authority of any change in equipment or staff including RSO.
III) The CLIENT shall ensure that persons handling medical X-ray diagnostic equipmentduly abide by the
provisions of AERB SAFETY CODE NO. AERB/SC/MED-2 (Rev. 1); AERB/RF-MED/SC-2 (Rev. 2)
and its amendments.
IV) The CLIENT shall also implement any other measures of safety as the competent authoritymay stipulate
at any time in each individual case, without delay.
V) Under no circumstance the CLIENT shall allow for servicing / Installation of medicalequipment without
having lay out approval from AERB.
VI) The CLIENT shall be solely and exclusively responsible for carrying out Acceptancetest once in two
years as per AERB.
VII) The CLIENT shall be solely and exclusively responsible for further compliance ofthe medical equipment
and shall indemnify and keep PIL and its members indemnified against any claim whatsoever that may
arise due to failure or non-compliance with the requirements of the Atomic Energy Act, 1962 & AERB
Safety Code No. AERB/SC/MED-2 (Rev-1) 2001, AERB/RF-MED/SC-2 (Rev. 2) and its amendments.

Note : This contract form is to be executed by the holder, in duplicate, one copy to be returned to Philips India
Limited, and one copy to be retained by the customer.

Accepted this Proposal

Harry Xavier

Eternal Medical Solutions,

3-3-389/A, Chappal Bazar,
Kacheguda,
HYDERABAD - 500027 (A.P.)
Pavan & Padma Neuro& Gynaec Centre
+91-9949940888
karimnagar
eternalmedical@gmail.com Customer GSTN :
Customer email id for digital invoice :
Customer contact number for commercial communication :
Channel Code : ETR1
8106246464
Channel GSTN :
36AABFE9357P1ZR
Philips Chennai address for customer PO : Philips India Limited C/O
DHL Supply Chain India Private Limited, Survey No.400/2C, 400/2A and
Philips GSTN :
389, Kuthambakkam Village,Poonamalle Taluk, Tiruvallur District,Tamil
33AABCP9487A1ZG Nadu 600 124
Additonal Contact Reference
Order Desk
South Region, Philips Heathcare,
Chennai
044-66501106
mohanraj.maruthi@philips.com

REACH PHILIPS HEALTHCARE CUSTOMER CARE CENTER AT 1800 419 6788 (TOLL FREE)