PCMS Services definition

PCMS Services means programs provided by or through Aesculap within the Primary Marketing Area, under which a Customer is provided procedure specific instrument sets for use in, and only in, laparoscopic, arthroscopic, and general surgical applications and certain related repair and maintenance services, and for which payment is made by the Customer on a per procedure basis. PCMS Services does not include, without limitation, (a) the sale or lease of surgical instruments, containers, and electronic equipment by Aesculap, (b) single use surgical instruments, (c) surgical instrument sets used in connection with surgical implants (d), and per procedure programs which are entered into as a purchase option for Aesculap Products.
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Examples of PCMS Services in a sentence

  • Aesculap shall enter into all contracts with Customers with respect to PCMS Services.

  • This Agreement describes terms on which Aesculap and SRI will jointly market to customers the PCMS Services and the Instrument Express Program in the Primary Marketing Area.

  • SRI shall not publish or use any sales, marketing or promotional literature relating to PCMS Services ("PCMS Advertising") without Aesculap's written consent.

  • At the request of Aesculap, SRI shall be responsible for the inspection on a routine basis and, to the extent necessary, the coordination with Aesculap of the repair and or replacement of surgical instrument sets provided to Customers under the PCMS Services in accordance with the PCMS Customer Agreements, for those Customers solicited by SRI under the Agreement.

  • If party is presented with a possible Medical Device Report ("MDR") event involving the provision of or failure to provide a component of a Surgical or Instrument Express Program or a product in connection with the PCMS Services, the party originating the applicable product shall bear the responsibility for evaluation and, if necessary, submission of all information required under the applicable MDR Regulation, as set forth in 21 C.F.R. Part 803.

  • If the Arbitrators determine that the PCMS Profit Margin derived by Aesculap from the sale of the PCMS Services in the Territory is less than 30%, Aesculap shall have the right for a period of sixty (60) days after the final determination of the Arbitrator to provide SRI with written notice of the termination of the Agreement.

  • Each party shall promptly notify the other party via telecopy and in writing should it become aware, through a Customer complaint or otherwise, of any defect or condition which may render all or any component part of the Surgical or Instrument Express Program or PCMS Services in violation of a law or regulation.

  • During the Term, Aesculap shall not anywhere in the Primary Marketing Area offer Aesculap Products in connection with a program similar to the Instrument Express Program or the PCMS Services, except through its arrangements with SRI under this Agreement.

  • Each party shall notify the other party immediately of any claims that it receives of defects in its products or services that constitute part of the Instrument Express Program or the PCMS Services.

  • SRI and Aesculap shall form a committee that shall be responsible for making certain decisions regarding the Instrument Express Program and PCMS Services, including certain decisions regarding pricing and sales and marketing (the "Steering Committee").