of warranty and post-warranty service services for devices manufactured or introduced for sale by ELMIKO BIOSIGNALS sp. z o.o. based in Milanówek, hereinafter referred to as the CONTRACTOR, and provided to the purchaser/user hereinafter referred to as the CUSTOMER or jointly the PARTIES.

§1 general rules

  1. The CONTRACTOR declares that it professionally services the devices referred to in the Regulations and guarantees that it has professional knowledge, experience and resources necessary for the proper implementation of the service and undertakes to perform it with the highest professional diligence, i.e. on time and reliably, using own resources and equipment and guarantees the appropriate competences of employees performing the service on behalf of the CONTRACTOR.
  2. The CONTRACTOR undertakes to perform the ordered services in accordance with applicable law, in particular in the field of health and safety, fire protection. protection of personal data and the regulations in force at the CUSTOMER’S workplace and the procedure adopted by the CUSTOMER in this respect, provided that these regulations and procedures are communicated to the CONTRACTOR in writing before the performance of this contract. The CONTRACTOR has the right to use third parties to perform the service, for whom he is responsible as for his own actions.
  3. The CONTRACTOR undertakes to perform services using technically efficient and certified (in cases provided for by law) equipment required for this type of work.
  4. The CONTRACTOR undertakes to perform services only with the help of personnel authorized to perform the work that is the subject of the order, and if these services are provided by employees, he or she ensures that they will have up-to-date medical examinations and the required periodic examinations.
  5. Each time after performing the service, the CONTRACTOR undertakes to restore the place of work to the condition before the work was performed, which ensures the safe continuation of work by the Client’s employees.
  6. Inform the CUSTOMER on an ongoing basis about any circumstances and events noticed during the performance of services that may affect the safe and proper conduct of further activities by the CUSTOMER.

§2 Forms of providing services

Technical support will be provided on the following principles:

  1. All maintenance services will be performed on the basis of the submitted Service Request. The report may be sent in electronic or paper form, there is no specific template, it should contain at least the following information: who is the user of the Device, the serial number of the Device, what the report concerns: service – complaint – repair, the CUSTOMER’s declaration that he/she has read the TERMS AND CONDITIONS OF THE SUPPORT SERVICES and it is accepted by him, who reports: name, surname, job position, description of the problem.
  2. Service at the CUSTOMER’s premises:
    1. It takes place on a previously agreed date, entered into the service calendar after the CUSTOMER sends the completed Service Request.
    2. The CUSTOMER will pay remuneration for the service settled based on the time spent at the rate applicable on the date of notification. VAT will be added to this amount in the amount applicable at the time of issuing the invoice. The service technician’s working hours will be rounded to each commenced hour.
    3. The CUSTOMER will pay the CONTRACTOR for travel to the premises a flat rate applicable on the date of notification. VAT will be added to this amount in the amount applicable at the time of issuing the invoice.
  3. Service at the CONTRACTOR’s headquarters:
    1. The Device sent to the service center must be accompanied by a Service Request containing all necessary information.
    2. Depending on the arrangements, the service estimates the repair and sends it to the CUSTOMER for approval, or performs the repair, fills out the Service Order, and returns the Device.
  4. Remote service:
    1. By choosing the form of remote service, the CUSTOMER agrees to create a session in a program enabling remote access, and the CONTRACTOR, for his part, declares that the software he uses is a paid version for which he has a commercial license.
    2. The CONTRACTOR declares that the computer from which the session is established is used only for business purposes, has commercial software from legal sources, is secured with an up-to-date antivirus program, and has all system security measures activated.
    3. The CONTRACTOR declares that the communication session is always established via a secure connection, a commercial network, password protected, and only authorized persons have access to it.
    4. Each session is entered into a register maintained by the CONTRACTOR in order to meet the accountability requirement.
    5. The CUSTOMER acknowledges that the first hour of remote service is free of charge, and for each subsequent hour, the CUSTOMER undertakes to cover the costs at the rate applicable on the day of implementation. VAT will be added to this amount in the amount applicable at the time of issuing the invoice.
  5. The CUSTOMER will pay for the replaced spare parts and used consumables according to the current price list of spare parts valid on the date of the complaint.
  6. CONTRACTOR’s contact details:

Address: Herberta 35, 05-822 Milanówek, POLAND

e-mail: serwis@elmiko.pl

Phone: +48 22 644 37 37, Mobile: +48 600 37 37 90

The above-mentioned numbers and addresses are treated as business ones.

§3 Remuneration

Payment of the remuneration for the services provided will be made by bank transfer within 14 days from the date of invoice issuance. Payments will be made to the CONTRACTOR’s bank account indicated on the invoice.

§4 Warranty

The CONTRACTOR provides a 6-month quality warranty for the service performed during the repair and replaced spare parts, counted from the date of preparation of the Service Order.

§5 Procedures

  1. The CONTRACTOR undertakes to prepare a service order, hereinafter referred to as the “SERVICE ORDER”, which will record the activities performed by the CONTRACTOR’s service technicians during service, repair or installation and indicate any replacement of used spare parts. The order is prepared in two identical copies.
  2. Based on the Service Request or diagnostics, an estimate of the repair costs will be made and presented for approval by the person indicated by the CUSTOMER in §2 point 1 (person completing the Service Request).
  3. After acceptance, an invoice will be issued and sent for payment along with a copy of the Service Order.
  4. The CONTRACTOR stores a copy of the Order in the User File.

§6 Processing of personal data

The processing of personal data as part of the support service will take place on the following principles:

  1. The CONTRACTOR declares that it processes personal data in accordance with the Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46 /EC (general GDPR), the Act of May 10, 2018 on the protection of personal data and other regulations of national and EU law.
  2. The CUSTOMER declares that the device submitted for service work does not contain available personal data. All personal data of patients, in particular information about their health condition, i.e. test results that can be attributed to a specific natural person, personal data of medical staff performing and describing tests, have been permanently deleted, anonymized, pseudonymized or encrypted from the Device.
    1. In the event of a failure that prevents the CUSTOMER from deleting, anonymizing, pseudonymizing or encrypting personal data contained in the Device, the PARTIES will sign an agreement for entrusting the processing of personal data, appropriate to the situation, as an annex to the main contract.  
  3. The CUSTOMER declares that before the technician starts working, the responsible person checked whether the device works in confidential mode. The method of activating confidential mode is described in detail in the Instructions for Use attached to the Device.

Points 1-3 apply to the Parties when providing the service at the CUSTOMER’s premises, at the CONTRACTOR’s premises and remotely.


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