Common use of Device Service Clause in Contracts

Device Service. Novadaq’s obligations to service the Products shall be in accordance with the following: (a) Novadaq shall be responsible for providing Services to or on behalf of LifeCell, including Services related to Evaluation Units and Training Units. (b) Novadaq represents and warrants to LifeCell that the Services shall be performed in a timely, professional, and workmanlike manner consistent with the highest industry standards and in accordance with Exhibit C. (c) Novadaq shall maintain a customer support center to receive and log Customers’ calls regarding defective or malfunctioning Products in accordance with the standards set forth in Exhibit C. (d) Novadaq shall be responsible for coordinating with Customers, through LifeCell’s designated representative, the repair or replacement of defective Devices. Novadaq or its designated services representative shall perform repairs on behalf of LifeCell as appropriate or ship a replacement Device to Customer, and in the case of replacement, Novadaq shall be responsible for retrieving the defective Device from the Customer and installing the replacement Device at Customer’s facility. Such repair or replacement shall be in accordance with the standards set forth in Exhibit C, at Novadaq’s cost and expense. In the event that Novadaq or their designated service representative fails to repair or replace a defective Device for any Customer within the time period specified in Exhibit C, then LifeCell may, directly or indirectly through a third party service representative, repair or replace the Device and invoice Novadaq for the cost thereof and all reasonable expenses related thereto.

Device Service. Novadaq’s obligations to service the Products shall be in accordance with the following: (a) Novadaq shall be responsible for providing Services to or on behalf of LifeCellLifeCell MR, including Services related to “Evaluation Units Units” (as defined in the LifeCell Agreement) and “Training Units” (as defined in the LifeCell Agreement). (b) Novadaq represents and warrants to LifeCell MR that the Services shall be performed in a timely, professional, and workmanlike manner consistent with the highest industry standards and in accordance with Exhibit C. (c) Novadaq shall maintain a customer support center to receive and log Customers’ calls regarding defective or malfunctioning Products in accordance with the standards set forth in Exhibit C. (d) Novadaq shall be responsible for coordinating with Customers, through LifeCellLifeCell MR’s designated representative, the repair or replacement of defective Devices. Novadaq or its designated services representative shall perform repairs on behalf of LifeCell MR as appropriate or ship a replacement Device to Customer, and in the case of replacement, Novadaq shall be responsible for retrieving the defective Device from the Customer and installing the replacement Device at Customer’s facility. Such repair or replacement shall be in accordance with the standards set forth in Exhibit C, at Novadaq’s cost and expense. In the event that Novadaq or their designated service representative fails to repair or replace a defective Device for any Customer within the time period specified in Exhibit C, then LifeCell MR may, directly or indirectly through a third party service representative, repair or replace the Device and invoice Novadaq for the cost thereof and all reasonable expenses related thereto.