Diagnostic Equipment Leasing Agreement - Free Download
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AMDx Equipment Lease - Page 1
DIAGNOSTIC EQUIPMENT LEASING AGREEMENT
This DIAGNOSTIC EQUIPMENT LEASING AGREEMENT (“Agreement”) is effective as of this ______ day of _________________ 20___, between ACCESS MEDICAL
DIAGNOSTICS, INC. having an office at 149 S. Barrington Ave, Ste 754 Los Angeles, CA 90049 (hereinafter referred to as AMDx) and the Physician and/or Professional
and/or Healthcare entity named below having its principal office Iocated at the address listed below, (hereinafter referred to as the LESSEE).
Lessee's Name: __________________________________________________ Entity Name: ___________________________________________
Lessee's Address: __________________________________________________________________________________________________________
Street Address Suite # City State Zip
WHEREAS, AMDx has in its possession certain diagnostic equipment, supplies and qualified technicians to operate the equipment (hereinafter collectively referred to as
the “Equipment”) to perform certain diagnostic tests that may be useful, provided there is medical necessity, to the Lessee's practice. Equipment and personnel
(technician) will test patients under the direct control and direct supervision provided by the Physician/Professional.
WHEREAS, it is uneconomical for LESSEE to obtain and maintain the necessary biomedical equipment and the trained technicians necessary to perform the procedures;
WHEREAS, AMDx wishes to lease to LESSEE and LESSEE wishes to lease from AMDx said Equipment on the terms, conditions and provisions hereinafter set forth and
in consideration of the foregoing upon the mutual covenants, conditions and agreements contained herein.
NOW THEREFORE, both parties agree to the following:
1. Description of Equipment and Services
1.1 AMDx leases to Lessee and Lessee accepts the lease of Equipment, as described in Exhibit 1, or an equivalent or superior machine as determined
by AMDx in its sole discretion. Equipment may include one or more of the following:
a.) Neurodiagnostic testing equipment to perform nerve conduction velocity, EMG, somatosensory evoked potential and/or dermatomal evoked
potential tests (hereinafter collectively referred to as the “tests")
b.) Diagnostic ultrasound testing equipment to perform extremity and/or spinal musculoskeletal ultrasound tests (hereinafter collectively referred
to as the “tests")
1.2 AMDx shall be responsible for all costs associated with the acquisition, maintenance and any repairs of the equipment.
1.3 AMDx shall provide any conductive medium, gauze pads, tape and other supplies incidental to performing the Tests with the Equipment. LESSEE
will be charged the fair market value for these consumable supplies.
1.4 During the term of this Lease Agreement, LESSEE shall have the exclusive use of the equipment for the purpose of performing the Tests for dates
reserved, scheduled and paid in advance with AMDx. LESSEE shall have no rights to the Equipment during any other days or times without prior
agreement or upon notification.
1.5 At its sole cost, LESSEE shall provide a patient examination room reasonably suitable for performing the Tests.
1.6 LESSEE agrees and understands that LESSEE shall not hire, contract or subcontract with any personnel of AMDx during the term of this
Agreement and for a period of three (3) years after termination hereof, without AMDx’s prior written consent.
2. Leasing Fee
2.1 AMDx shall provide Equipment and personnel to LESSEE, at the designated location, and on the days set forth in Exhibit II.
2.2 LESSEE hereby agrees to pay AMDx a lease fee of Four Hundred fifty-two dollars ($452.00) for each day (the term day generally shall refer to an 8
hour period) scheduled during the term of this Agreement. LESSEE will be liable for the fees stated herein irrespective of any reimbursement the
LESSEE may receive from the patient and/or third party payer. Additional hours to be charged at the fair-market value rate of $75.00 per additional
2.3 Payment of these charges are due and payable net 14 days prior to each testing day.
2.4 Reasonableness of Payment: The rates charged by AMDx reflect fair market value for all services rendered. No amount charged hereunder by
AMDx, is intended to be, nor shall it be construed to be an inducement or payment, for the quantity of value, if any referrals or business, otherwise
generated between the LESSEE and AMDx. In addition, the amount charged does not include any discount, rebate, kickback, or other reduction in
charge, and the amount so charged is not intended to be, nor shall it be construed to be, an inducement or payment, for referral of any patient by
AMDx to LESSEE, or by LESSEE to AMDx.
2.5 The parties acknowledge that valuation for equipment and labor charges reflect fair market allowance and, upon written notice, are subject to
2.6 The LESSEE is not requested to provide any certain volume of testing at any time during the term of this agreement. The terms and conditions of
the contract are only to make equipment available on an as-needed basis.
2.7 LESSEE shall not be entitled to any reduction in rent on the basis that LESSEE did not need or use the Equipment for any portion of any agreed
2.8 Cancellation Fees: Cancellation made more than seven (7) days, but less than fourteen (14) days prior to the scheduled service date, will be
assessed a cancellation fee of 50% of the leasing fee ($226.00). Cancellation made seven days or less of scheduled service date will incur a
cancellation fee of 100% of the leasing fee ($452.00). AMDx reserves the right, at its sole discretion, to waive said cancellation fees.
3. Ownership of Equipment
LESSEE understands and agrees that the Equipment is and will be owned exclusively by AMDx and that LESSEE will at no time have right to the title of the
LESSEE shall indemnify and hold harmless AMDx and its owners, shareholders, officers, directors, members, managers, contractors, agents and employees,
to the extent that AMDx is not covered by insurance, from and against any and all claims, actions, suits, proceedings, investigations, settlements, costs,
expenses, refunds, claims, damages and liabilities, including reasonable attorney's fees and costs and all amounts paid in investigation, defense, settlement
and/or appeal incurred by AMDx and agents arising out of, resulting from connected with this Agreement and/or the lease of the Equipment. This includes but
is not limited to (a) breach of this Lease by LESSEE and Agents; (b) any alleged or actual acts or omissions by LESSEE and Agents including with limitation
the ordering or interpreting of tests; or (c) failure of LESSEE and Agents to comply with federal, state or local law (including regulations.)
5. Location Of Equipment:
AMDx shall provide the Equipment to LESSEE at LESSEE’S designated location or such other location as LESSEE requests in writing.