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Preventative Maintenance Plan

RECITALS

A. Customer has purchased certain equipment from

Airnetic,LLC (AIRNETIC) which equipment is more particularly described in Schedule 1, attached hereto and incorporated by this reference (the “Equipment”).

B. Customer now desires to purchase Airnetic’s PREVENTIVE

MAINTENANCE PLAN for the Equipment and Airnetic agrees to supply such Plan services to the Customer on terms and conditions set forth in specific detail on Airnetic’s website: https://airnetic.us/preventive-maintenance-plan-terms-and-conditions/ .

NOW, THEREFORE, in consideration of the mutual covenants and premises contained herein and on Airnetic’s website, the receipt and sufficiency of which are hereby acknowledged, the parties hereby agree as follows.

Purchase of Preventative Maintenance Plan:

Customer agrees to purchase the Maintenance Service Plan described below, and Airnetic agrees to furnish the maintenance plan services at the Customer’s installation site of the Equipment and on the Equipment at the time periods described in the Maintenance Plan Dates & Cost Schedule attached hereto and as Schedule 2 and incorporated herein by this reference, subject to all the terms and conditions of this Agreement (collectively, the “Services”).

Airnetic’s Maintenance Plan Obligations

Maintenance of Equipment 30-POINT PREVENTATIVE MAINTENANCE SERVICE PLAN: Airnetic shall, for the total preventative maintenance charges set forth in Schedule 2 hereto, perform a preventative maintenance performance check on the oxygen system and make any necessary system adjustments only, to keep the oxygen system equipment in good working order. If replacement of various Parts are required, due to normal wear and tear, the Customer shall bear all costs of Labor and Parts to replace the required Parts at the rate set forth in Schedule 2 hereto. Replacement Parts Upon notification, either verbal or written, of any Equipment malfunction, Airnetic shall determine if the part is defective and, if so, if the part is covered under the oxygen systems original 1-year Limited Warranty. If not covered under the 1-Year Limited Warranty, Airnetic will supply the customer with a written estimate for Parts and Labor. Upon customer approval of the estimate, Airnetic shall install the replacement parts within a 48 hour period. Standard Preventative Maintenance The standard preventative maintenance services include two (2) bi-annual scheduled preventative maintenance visits to the customers equipment location to perform a 30-point performance check on the oxygen system equipment, per the Terms of the customer’s purchased Maintenance Plan. Third Party Contractors Airnetic may, at its option, designate an Authorized third-party contractor to provide maintenance services to Customer hereunder on behalf of Airnetic. The appointment by Airnetic of such an authorized representative shall not relieve Airnetic of its obligations hereunder.

Charges and Payments

Commencement of Maintenance Charges Customer shall pay, in advance, the total annual maintenance charge at time of Signed Preventative Maintenance Purchase Agreement. Taxes Customer shall pay (or reimburse Airnetic), in addition to the charges for the maintenance services specified herein and as a separate item, all taxes (exclusive of Airnetic net income taxes), however designated, or amounts legally levied in lieu thereof, based on or measured by the charges set forth in this Agreement or on this Agreement, or on the services rendered hereunder, now or hereunder imposed under the authority of any federal, state or local taxing jurisdiction.

Parts Warranty and Limitation of Remedies and Liability

AIRNETIC SHALL WARRANTY REPLACEMENT PARTS FOR A PERIOD OF NINETY (90) DAYS ONLY. THE WARRANTIES SET FORTH HEREIN ARE IN LIEU OF ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, WHICH ARE HEREBY DISCLAIMED AND EXCLUDED BY AIRNETIC, INCLUDING WITHOUT LIMITATION ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR USE. AIRNETIC SHALL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY DELAY BY AIRNETIC IN FURNISHING EQUIPMENT AND SERVICES OR ANY OTHER PERFORMANCE UNDER OR PURSUANT TO THIS AGREEMENT. CUSTOMER’S SOLE AND EXCLUSIVE REMEDIES FOR BREACH OF ANY AND ALL WARRANTIES AND FOR AIRNETIC’S LIABILITY OF ANY KIND (INCLUDING LIABILITY FOR NEGLIGENCE) UNDER THIS AGREEMENT SHALL BE LIMITED TO THE REFUNDING OF THE CUSTOMER’S MAINTENANCE FEE SET FORTH IN ARTICLE 4. IN NO EVENT SHALL AIRNETIC BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL, OR CONSEQUENTIAL LOSSES OR DAMAGES, EVEN IF AIRNETIC SHALL HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH POTENTIAL LOSS OR DAMAGE. AIRNETIC’S TOTAL LIABILITY UNDER THIS AGREEMENT FOR ANY REASON SHALL NOT EXCEED THE TOTAL AMOUNT RECEIVED BY AIRNETIC FROM CUSTOMER UNDER THIS AGREEMENT. Indemnification of Airnetic Customer will indemnify Airnetic against all liability, losses, fines or judgment, including costs, attorney fees and other expenses, for death or injuries to persons or property arising out of or in connection with Airnetic’s performance of the described duties, unless caused by the gross negligence or willful misconduct of Airnetic.

Airnetic will give Customer prompt written notice of any demand, claim, or suit against Airnetic, and Customer shall not have the right to compromise or defend the matter except as expressly directed and agreed to in writing by Airnetic.

Term

This Agreement shall become effective as of the date accepted and signed by Airnetic and shall continue for an initial term of one year from the Commencement Date, unless earlier termination pursuant to Termination section below, and shall remain in effect thereafter until termination by either party on thirty (30) days’ prior written notice to the non-terminating party in accordance with the provisions hereof (the “Term”).

Termination

Customer’s Default on Payments In the event Customer defaults on any payment due under this Agreement, Airnetic shall be entitled to immediately terminate this Agreement on written notice. Material Breach In the event either party commits a material breach of any of its obligations hereunder, except for a default in payment by Customer as provided for in Termination Section above, the other party may terminate this Agreement on written notice to the defaulting party unless the defaulting party cures such breach within thirty (30) days of written notice thereof. Election To Terminate Either party may terminate this Agreement on thirty (30) days’ prior written notice to the non-terminating party in accordance with the provisions of Termination hereof. In the event Customer terminates this Agreement as provided herein, Customer shall have no right to the return of any portion or proration of the Maintenance Charges for the unexpired Term. Survival of Customer’s Obligations Customer’s obligation to pay all charges which shall have accrued hereunder prior to termination of this Agreement shall survive termination, irrespective of the reason. Option: Customer’s Right To Postpone Termination Customer, by written notice to Airnetic, may defer the actual termination date of this agreement up to one (1) month to enable Customer to make appropriate provision for the handling of the functions performed by Airnetic without loss of performance time. Any such extension shall be on the terms and conditions contained in this Agreement.

General Terms and Conditions

Assignment Neither party shall have the right to assign or otherwise transfer its right and obligations under this Agreement except with the written consent of the other party; provided, that a successor in interest by merger, operation of law, assignment or purchase, or otherwise of the entire business of either party shall acquire all interest of such party hereunder and provided further that Airnetic shall be entitled to assign all or part of the payments from Customer under this Agreement to any person or organization in its own right or as agent for trustee and Customer agrees to comply with any instructions from Airnetic to make payments directly to such persons or organizations. Any prohibited assignment shall be null and void. Entire Agreement THIS AGREEMENT, INCLUDING SCHEDULES 1, and 2, AND EXHIBIT 1 ATTACHED HERETO AND INCORPORATED AS AN INTEGRAL PART OF THIS AGREEMENT, CONSTITUTES THE ENTIRE AGREEMENT OF THE PARTIES WITH RESPECT TO THE SUBJECT MATTER HEREOF, AND SUPERSEDES ALL PREVIOUS PROPOSALS, ORAL OR WRITTEN, AND ALL NEGOTIATIONS, CONVERSATIONS OR DISCUSSIONS HERETOFORE HAD BETWEEN THE PARTIES RELATED TO THIS AGREEMENT. CUSTOMER ACKNOWLEDGES THAT IT HAS NOT BEEN INDUCED TO ENTER INTO THIS AGREEMENT BY ANY REPRESENTATIONS OR STATEMENTS, ORAL OR WRITTEN, NOT EXPRESSLY CONTAINED HEREIN. Conflicting Terms The terms and conditions of this Agreement shall prevail over any additional or contrary terms which may be contained in any instructions or other communications submitted to Airnetic by Customer. Independent Contractor The parties intend that Airnetic, in performing services specified in this Agreement, shall act as an independent contractor and shall have complete control of the work and the manner in which it is performed. Airnetic is not to be considered an agent or employee of Customer and is not entitled to participate in any pension plans, or in bonus, stock, or similar benefits that Customer provides for its employees.

General Limitations and Exclusions Nothing contained herein shall require Airnetic to repair or replace any defects, shortcomings, or imperfections resulting from customer-furnished designs, goods, equipment, services or materials and do not apply to any equipment or services or parts thereof which Airnetic determines: (1) to have been improperly installed or repaired; (2) to have been altered or modified in any way without Airnetic’s prior written approval; (3) to have been subjected to misuse, abuse, excessive external forces, negligence, intentional acts, or accident; (4) to have been installed, stored, used, or operated in a manner contrary to Airnetic’s instructions, specifications and drawings, outside the specified design conditions, or not used in accordance with normal operating and maintenance instructions; (5) are purchased as used equipment, a prototype or a sample; or (6) result from the act, omission, or negligence of customer or customer’s guests, invitees, licensee’s, customers, clients, employees, contractors, officers, agents, managers, members, partners, trustees, or any of Customer’s respective affiliates.

(NOTE: These Terms and Conditions are a Summary of Airnetic’s Complete Preventive Maintenance Plan Terms and Conditions. For a complete description of the Preventive Maintenance Plan Terms and Conditions visit: https://airnetic.us/preventive-maintenance-plan-terms-and-conditions/ . Purchaser’s signature on this Preventive Maintenance Purchase Agreement, along with payment of the annual Preventive Maintenance Plan fee listed herein, is confirmation that Purchaser has read, and is in agreement with, Airnetic’s Complete Preventive Maintenance Plan Terms and Conditions)

  • Bi-annual on-site 30-point Performance Check of the oxygen system by a Certified Airnetic Technician
  • Toll-Free 24/7 Tech Support Number
  • System Performance Inspection Report (signed by technician)
  • Service or Part Replacement Recommendations (if needed) – Parts & Labor cost NOT included
  • Cost of any parts will be at a 10% discount from Airnetic’s standard retail price
  • Part Replacement or other service labor cost is $75/hour

*(PLAN AUTO RENEWS IF NOT CANCELLED IN WRITING 30 DAYS BEFORE TERM END DATE)