To

Name K R Anand
Travancore Scans MRI Pvt. Ltd. Department Heallthcare Imaging
Oomens,Tc 2/1075(2) Pazhaya Rd. Fax
Mobile +91 9745002067
Thiruvananthapuram – 680 001 E-mail kr.anand@siemens-healthineers.com

Your letter dated

Our Reference
Date 029.03.2018

Notification Number – 728104298257

Dear Sir/Madam,

We are hereby giving our offer for spare part required for your SIEMENS MAGNETOM ESSENZA Dot,
Sr no 39330, Equipment ID 1031327047. Kindly refer to the attached terms and conditions for more details.

Siemens Healthcare Private Limited

K R Anand

WE CAN BE REACHED 24X7 on CUSTOMER CARE CENTER TOLL FREE NO. 1800 419 7477.

Siemens Healthcare Private Limited Unit No. 9A, 9th Floor, North Tower, Godrej One, Tel.: +91 (22) 3370 0600
Pirojshanagar, Eastern Express Highway,
Vikhroli East, Mumbai – 400 079
India

Registered Office: Unit No. 9A, 9th Floor, North Tower, Godrej One, Pirojshanagar, Eastern Express Highway, Vikhroli East, Mumbai – 400 079, India. Corporate
Identity number: U74999MH2015PTC264859;
Tel.: +91 (22) 3370 0600; Fax +91 (22) 3370 0604; Toll free: 1800 209 1800
Email: hc_contact.india@siemens.com; Website: www.siemens.co.in/healthcare
Sales office: Ahmedabad, Bangalore, Bhopal, Chandigarh, Chennai, Coimbatore, Gurgaon, Hyderabad, Jaipur, Kochi, Kolkata, Lucknow, Mumbai,
Nagpur, Patna, Pune.

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Travancore Scans MRI Pvt. Ltd.
Oomens,Tc 2/1075(2) Pazhaya Rd.
Thiruvananthapuram - 680001

Offer Quote
1-FT5IR2-1

Quote for Spare Parts- Repair Exchange

Notice: Compliance with legal and internal regulations is an integral part of all business processes at Siemens.
Possible infringements can be reported to our Help Desk “Tell us” at www.siemens.com/tell-us

WE CAN BE REACHED 24X7 on CUSTOMER CARE CENTER TOLL FREE NO. 1800 419 7477.

Siemens Healthcare Private Limited Unit No. 9A, 9th Floor, North Tower, Godrej One, Tel.: +91 (22) 3370 0600
Pirojshanagar, Eastern Express Highway,
Vikhroli East, Mumbai – 400 079
India

Registered Office: Unit No. 9A, 9th Floor, North Tower, Godrej One, Pirojshanagar, Eastern Express Highway, Vikhroli East, Mumbai – 400 079, India. Corporate
Identity number: U74999MH2015PTC264859;
Tel.: +91 (22) 3370 0600; Fax +91 (22) 3370 0604; Toll free: 1800 209 1800
Email: hc_contact.india@siemens.com; Website: www.siemens.co.in/healthcare
Sales office: Ahmedabad, Bangalore, Bhopal, Chandigarh, Chennai, Coimbatore, Gurgaon, Hyderabad, Jaipur, Kochi, Kolkata, Lucknow, Mumbai,
Nagpur, Patna, Pune.

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 Travancore Scans MRI Pvt. Ltd.
Quote: 1-FT5IR2-01
Date: 29.03.2018

Item Description Qty Net Price GST% GST Amount Gross Price

A. Spare Parts- Repair

Exchange
FL- 664-127175
System- MAGNETOM ESSENZA
DOT
Sr. No.- 000000000000039330

1. Body Matrix coil 1 Rs 558,036 12 Rs 66,964 Rs 625,000

HSN Code - 90189019

Total Price Rs 558,036 12 Rs 66,964 Rs 625,000

Total Rupees in words- Six Lakhs and Twenty Five Thousand Only.

Kindly note that PO to be issued at the below address along with the GSTIN number.

Siemens Healthcare Private Limited.,

Jomer Symphony, 5th Floor, Chalikavattam,
Ponnurunni North, Vytilla,
Cochin - 682019
GSTIN: 32AAVCS8021P1ZO

Assuring you the best of services and attention all the time.

For Siemens Healthcare Private Limited

Digitally signed by Anand KR

DN: cn=Anand KR, o=Siemens,
Anand KR email=kr.anand@siemens-
healthineers.com
Date: 2018.04.03 10:31:28 +05'30'

K R .Anand Srividhya Subramanian

Senior – Manager Senior Manager - Commercial

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 Travancore Scans MRI Pvt. Ltd.
Quote:
Date:
Terms and Conditions
1. MRI Damages due to ferromagnetic, etc.
Any Damage caused to equipm ent or the magnet
including but not limited to impact of ferromagnetic 6.
objects like cylinder, wheel chair, patient trolley etc. will
not be covered under Warranty/Extended
warranty/Maintenance contract obligations, such
incidences could also cause permanent damage to
magnet beyond repairs. This dam age may result into
either immediate performance degradation/magnet
quench or generate initiation condition which may result
in subsequent performance deterioration of the
equipment (magnet quench). All costs on account of
such incidents will be borne by the Purchaser. Magnet
quenches due to custom er operated ERDU (Emergency
Run Down Unit) will not be covered under
Warranty/Extended warranty/Maintenance obligations.
2. Scope
The supply of spare parts as mentioned in the offer and
at the customer site designated in the offer. The scope
of supply and other terms and conditions of this contract
shall be strictly governed by supplier's offer and
supplier's acknowledgment of purchaser's order. The
purchaser shall be deem ed to have understood and
accepted the conditions contained herein.
3. Validity of Offer and Price
Supplier’s offer is valid for acceptance for a period of 30
days from the date of the offer and thereafter subject to
Supplier's confirmation. Such offer would be considered
as accepted and a contract is concluded when
Purchaser accepts Supplier’s offer without any
conditions. Insofar as acceptance is subject to
conditions of the Purchaser, effective contract
conclusion shall require a written order confirmation
from the Supplier.
The Price offered is valid during period of offer validity
and the period of Contract concluded as above. In case
of delay in performance or non performance of Contract
for 90 days or more due to reasons not attributable to
Supplier, the Contract Price is subject to revision with
mutual agreement, once again and to be documented in
writing in terms of fresh price and delivery confirmation.
7.
4. Price
The prices shall remain valid if the order is placed to
Siemens within a period of 1 month from the date of
offer. For reasons not attributable to Siem ens, if the
delivery is delayed at a later date than the agreed
delivery date, then Siemens reserve the right to adjust
the prices.
5. Return of malfunctioning spare parts
In case of repair exchange price, The malfunctioning
part(s) will be taken by Siemens immediately, on
replacement of the new part(s). If the order is placed on
repair exchange price and the defective part(s) is/are
not returned to Siemens within three (3) working days
from the date of delivery, the difference in price between
the repair exchange price and full price of the spare part
shall be payable by the Custom er.
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1-FT5IR2-01
029.03.2018
In case of tube (s), repair exchange price condition
“Return of malfunctioning Tube (s)” will be applicable.
Taxes & Duties
The Prices quoted for supplies of all goods and / or
services offered are exclusive of applicable Goods and
Services Tax (‘GST’). Applicable GST would be
determined based on the classification and
characterization of the supplies under the GST law
which would in-turn depend upon the Harmonized
System of Nom enclature (‘HSN’) and/or Service
Accounting Codes of the respective supplies of goods
and / or services effected under the Contract. This could
undergo a change if the characterization and scope of
supply as agreed finally is different from the one which
is being offered currently.
Depending upon the place of supply and billing location,
either an Integrated GST or “Central GST plus
respective State GST” be charged on the value of the
supplies of goods and / or services.
Purchaser agrees to pay or reimburse to the Supplier
applicable GST as may be levied and any other taxes,
duties, cess or imposts, as applicable at time of delivery.
Where ever applicable, the Purchaser will furnish its
Road permits /e-way bills in the prescribed forms under
the provisions of State specific Goods and Services Tax
Act for enabling smooth entry of goods into the State
where delivery is to be affected. Until specific e-way bills
are prescribed under State specific State GST Acts, the
road permits as prescribed under the respective State
VAT laws would continue to operate.
In case of change in the rates of any taxes, duties,
levies or if new taxes, duties or levies are initiated by the
Central / State Government / local bodies, including
enactment of any legislation by Union/ State, then the
same will be to the account of Purchaser and shall be
reimbursed by Purchaser. Change in judicial
interpretation and / or any clarification or amendment
made by the relevant authorities shall be construed to
be a change in the rate of taxes, duties, levies and / or
imposition of new tax, duty or levy.
Terms of Payment
Customer shall pay 100% advance alongwith purchase
order by way of Demand draft/Account Payee cheque in
favour of Siemens Healthcare Private Limited on or
before the due date or by way of RTGS/NEFT transfer in
favor of Siemens Healthcare Private Limited Made to
Bank Details:
Name : Deutsche Bank
Current Account No : 0676262000
Beneficiary Account Name : Siemens Healthcare Pvt.
Ltd.
MICR : 400200002
IFSC Code : DEUT0784BBY
Bank Address : DB HOUSE, H.S.MARG,
Fort, Mumbai – 400 001
Branch Code : 002
Telephone no : 022 67064144 / 4141
SHPL PAN number : AAVCS8021P
Page 4 of 7
 Travancore Scans MRI Pvt. Ltd.
Quote:
Date:
8. Warranty for the Spare Part
Six months from the date of dispatch of spares.
However no warranty is available for consum ables. The 13.
Spare part offered is covered by Warranty under proper
use for faulty material or workmanship for 6 months from
date of installation, on receipt of customer's complaint
Siemens shall rectify the faults. The option to repair or
replace parts shall solely rest with Siemens. During the
warranty period Siemens shall not be responsible for
any defect or damaged caused due to any alterations,
addition, repair and maintenance carried out to the
equipment/spare parts by any person not authorised by
the custom er to carry out such alterations, addition or
repair. Siemens shall not be responsible for any defect
or damaged caused to the equipment, directly or
indirectly, due to mishandling, misconduct or negligence
on the part of the customer or his employees, failure to
operate the equipment as recommended by Siemens,
failure to maintain the environm ental conditions
recommended by Siemens. 14.
Warranty is not applicable for all consumable parts
including plastic and rubber parts which deteriorate due
to wear and tear such as carbon brushes, dust filters,
patient positioning accessories etc.
9. Delivery
The quoted part shall be imported from Siemens
Germany/USA/Korea/Japan/Singapore/China and
delivered to customer in about two weeks, in case the
delivery will be beyond two weeks parties will agree on 15.
the delivery date. The delivery will be made subject to
receipt of technically and commercially clear purchase
order along with 100% advance payment. Siemens shall
not liable for any delay attributed to customer’s defaults
or force majeure events. Necessary inward & outward
road permit/way bill/Declaration will be arranged by the
customer wherever applicable.
10. Installation
The installation of the above part will be done free of
cost by Siemens. Kindly note, that in case at the time of
fitting the above part(s), it is observed that other part(s)
is/are found defective and needs replacement, the offer
for the same would be submitted for customer’s
approval. Customer shall sign the service report on
completion of installation of spare part/s. Failure by 16.
customer to signs such service report, within 7 days
from the date of installation of spare part/s, shall be
deemed signed and accepted by the customer.
11. Operational requirements
Customer shall maintain the environmental conditions
recommended by the Siem ens so as to ensure that the
equipment/supplied spare part does not suffer damage
due to humidity, dust, pests, severe temperature, etc.
The customer shall ensure that the equipment is
operated, as per the operating instructions and Siemens
recommendations.Siemens shall not be responsible for
any loss, damage or injuries caused due to customer's
non-fulfilment of these conditions. Spare part warranty is
void in case customer does not maintain the
environmental conditions as specified by Siemens.
12. Reservation Clause
Siemens shall not be obligated to fulfill this agreement if
such fulfillment is prevented by any impediments arising
out of national or international foreign trade or customs
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1-FT5IR2-01
029.03.2018
requirements or any embargoes or other sanctions.
Environmental Protection
According to the directives for the energy and
environmental policy of the European Union and its
member states, by which our Principal Siemens AG is
governed, local manufacturers are required to
reintroduce reusable parts and components back into
the manufacturing process. Our products correspond to
these directives and contain recycled or reconditioned
parts and components “As New Parts”. Through strict
selection, quality and dependability assurance during
the entire product engineering process, we ensure the
same function, quality and lifetime for the “As New
Parts” as for parts and components from the first
production.
Intellectual Property Rights
The customer shall only have the right to use the
software, technical know-how, operating instructions,
product brochures/data sheet and any other proprietary
information supplied along with the equipment or used
in servicing the equipment supplied. The ownership of
such items shall clearly vest and remain with Siemens.
The customer shall not violate, breach or infringe the
rights of Siemens in any manner whatsoever.
Cancellation/Termination / Suspension
The customer may cancel the order by giving prior (two
days prior to dispatch) written notice. If the customer
cancels the order after the spare part has been
dispatched by Siemens, the custom er, shall be liable to
pay to Siem ens all other costs such as freight charges,
demurrage, re-diversion costs, sales tax on re-sale of
the spare parts which has been specifically imported by
Siemens to fulfil the customer's condition, interest
charges & any other costs incurred by Siem ens.
Siemens shall, without prejudice to any other rights,
have the right to adjust the advance paid by the
customer towards this contract or any other amounts
belonging to the customer lying with Siemens for any
reason whatsoever.
Force Majeure
• Siemens will not be liable to Customer for any failure
to fulfil its obligations under this Agreement due to
causes beyond its reasonable control and without its
fault or negligence including, but not limited to,
governmental laws and regulations, acts of God or the
public, war or other violence, civil commotion,
blockades, embargoes, calamities, floods, fires,
earthquakes, explosions, accidents, storms, strikes,
terrorism, lockouts, work stoppages, labor disputes, or
unavailability of labor, raw materials, power or supplies.
The Customer shall pay any additional costs incurred by
Siemens that are related to any labor dispute(s) that
involve the Customer.
• Force Majeure shall also be deemed in the event of
any regulatory decision or government order requiring
the either party to suspend its service(s) or operation for
any reason whatsoever.
• If we are unable to supply the spares or do any act(s)
in connection with this, for a period of thirty (30)
consecutive days as a result of continuing Force
Majeure event, either party reserve right to cancel /
terminate the order.
Page 5 of 7
 Travancore Scans MRI Pvt. Ltd.
Quote:
Date:
17. Severability Waiver
In the event any provision of this terms and conditions
be held to be void, invalid or inoperative by any court of
competent jurisdiction, the remaining provisions of this
terms and conditions shall not be affected and shall
continue in effect and force. The invalid provision shall
be deem ed modified to the least degree necessary to
remedy such invalidity.
• The failure to insist upon or enforce any provision of
this terms and conditions shall not be construed as a
waiver of any provision or right, nor will it constitute a
waiver of any subsequent breach or default and will not
act to amend or negate the rights of the waiving party.
The rights pursuant to this terms and conditions shall be
deemed cumulative such that the exercise of one shall
not preclude the exercise of others.
18. Notices
Notice shall be deemed properly given when delivered,
if delivered in person, or when sent via facsimile
(confirmed), overnight courier, electronic mail, or mailed
by registered or certified mail, return receipt requested, 22.
postage prepaid to the address set forth herein
beginning of this document. Each part shall notify the
other in writing of any changes to such addresses.
19. Indemnification
Customer agrees to fully and effectively indemnify and
keep Siemens harmless, against all claims, losses,
damages, expenses, costs, charges and expenses 23.
(including reasonable attorney’s fees and court costs)
and/or statutory claim or liability resulting from the claim,
suit, action or proceeding brought by any third party
against customer arising from this supply of the
equipment/s under this offer. customer shall reimburse
supplier., immediately on demand, the amount of the full
value of the claim, costs, taxes, duties, charges, cesses,
levies, penalties, costs, legal expenses, lawyers/counsel
fees, etc., as may be estimated to be suffered or
suffered by us and our employees, servant, agents,
successors and assigns.
20. Limitation of Liability
Siemens' total cumulative liability, arising from all
causes of action of any kind, including, but not
limited to, Contract, Tort (including negligence), Strict
liability, breach of Warranty, third party liabilities,
misrepresentation, or otherwise, shall not exceed
10% of the payment received under this Contract.
Siemens shall not be liable to for any remote,
indirect, special, incidental, or consequential damages
arising out of or related to this Contract, Lost profits,
lost sales, business investments, loss of any
goodwill. Limitations shall apply, notwithstanding any
failure of essential purpose of any limited remedy.
21. Dispute Resolution
In case of dispute or claims arising and/or touching this
Agreement, the Parties shall mutually agree and appoint
a sole arbitrator who shall be a person who must have
held an office of a Judge in any Court in India, however,
if the Parties cannot mutually agree, then Siemens shall
appoint a sole arbitrator, and such a person shall also
be in compliance with the aforesaid qualifications viz. to
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1-FT5IR2-01
029.03.2018
have held an office of a Judge in any court in India. The
arbitration proceedings shall be conducted as per the
Arbitration and Conciliation Ac, 1996 and any
modifications and re-enactments thereof.
The seat of Arbitration shall be at Mumbai. The arbitral
award shall be substantiated in writing. The arbitral
tribunal shall also decide on the matter of costs of the
arbitration. The Parties shall bear and pay their
respective cost and expenses incurred in relation to the
Arbitration. The arbitration procedure shall be conducted
in the English language. The Arbitral Award shall be the
exclusive remedy of the Parties for all claims,
counterclaims, issues or accounting presented to the
Arbitrator.
Each Party, shall be entitled to seek necessary and
appropriate interim injunctive relief, pending the
outcome of the Arbitration or any other temporary
measures from the Courts of competent jurisdiction at
Mumbai, to enjoin the other Party from taking certain
actions, which allegedly infringe the rights of the Party
bringing such claim, provided that any proceedings and
decisions as to the merits of the dispute are exclusively
governed and resolved by Arbitration in accordance with
this clause.
Governing Law and Jurisdiction
These terms and conditions, and any arrangements
regarding its performance shall be governed, construed
and enforced in accordance with the substantive laws of
India. Subject to the Dispute Resolution this offer
shall be subject to the exclusive jurisdiction of
Mumbai Courts only.
Compliance
Siemens shall not offer or give or agree to give to any
person in the employment of the customer, any gift or
consideration of any kind as inducement or reward to do
any act in relating to obtaining or execution of the
Contract arising out of this offer.
Siemens and custom er shall comply with all applicable
laws and regulations to bribery, corruption and
prohibited business practices and will not partake in any
action in relations to the transactions contemplated
herein violation of such applicable laws.
Siemens has a clearly defined Compliance program that
ensures that the customer continues to conduct its
business with total integrity and transparency. If at any
time during customer’s business interactions with
Siemens, the custom er faces situations of impropriety
by Siemens' employees or any other misdemeanor,
please alert Siemens. The customer may directly inform
the Siemens' global Compliance Helpdesk which offers
24 hours service (www.siemens.com/tell-us) or can
speak with Siemens' Compliance Officer, Mr. Prashant
Kadkade on (022) 33700666. It is the Siemens'
endeavor to set a benchmark in Corporate Governance.
While Siemens continues to optimize processes and
renew portfolio to keep pace with the custom er’s
needs and requirements, it is important for both
Siemens and customer to base our relationship on
trust and integrity. This Siemens believes is of
param ount importance as Siemens' core value is to
nurture a culture of highest performance with highest
ethics. With the “Tell Us” function, the Compliance Help
Desk represents a sensible, global-level adjunct to the
Ombudsman, and provides an additional point of
contact. Especially important is the responsible use of
the Helpdesk.
Page 6 of 7
 Travancore Scans MRI Pvt. Ltd.
Quote:
Date:
24. Compliance with Export Control Regulations
• If Recipient transfers goods (hardware and/ or
software and/ or technology as well as corresponding
documentation, regardless of the mode of provision)
delivered by Siemens or works and services (including
all kinds of technical support) performed by Siemens to
a third party Recipient shall comply with all applicable
national and international (re-) export control
regulations. In any event of such transfer of goods,
works and services Recipient shall comply with the (re-)
export control regulations of the Federal Republic of
Germany, of the European Union and of the United 25.
States of America.
• Prior to any transfer of goods, works and services
provided by Siemens to a third party Recipient shall in
particular check and guarantee by appropriate
measures that
- There will be no infringement of an embargo imposed
by the European Union, by the United States of America
and/ or by the United Nations by such transfer, by
brokering of contracts concerning those goods, works
and services or by provision of other economic
resources in connection with those goods, works and 26.
services, also considering the limitations of domestic
business and prohibitions of by-passing those
embargos.
- Such goods, works and services are not intended for
use in connection with armaments, nuclear technology
or weapons, if and to the extent such use is subject to
prohibition or authorization, unless required
authorization is provided.
- The regulations of all applicable Sanctioned Party Lists
of the European Union and the United States of America
concerning the trading with entities, persons and
organizations listed therein are considered.
• If required to enable authorities or Siemens to conduct
export control checks, Recipient, upon request by
For Siemens Healthcare Private Limited
Digitally signed by Anand KR
DN: cn=Anand KR, o=Siemens,
Anand KR email=kr.anand@siemens-
healthineers.com
Date: 2018.04.03 10:31:58 +05'30'
K R .Anand
Senior – Manager
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1-FT5IR2-01
029.03.2018
Siemens, shall promptly provide Siemens with all
information pertaining to the particular end customer,
the particular destination and the particular intended use
of goods, works and services provided by Siemens, as
well as any export control restrictions existing.
• Recipient shall indemnify and hold harmless Siemens
from and against any claim, proceeding, action, fine,
loss, cost and damages arising out of or relating to any
noncompliance with export control regulations by
Recipient, and Recipient shall compensate Siemens for
all losses and expenses resulting thereof.
Entire Understanding
This terms and conditions constitutes the entire
understanding of the parties and replaces any and / or
all prior terms, agreements, understandings and offers
related to the subject matter hereof, whether oral or in
writing, are hereby deemed null and void.
Any changes to this terms and conditions shall only be
in the form of an addendum signed by authorized
representatives of both parties.
Subletting and Assignment
No consent of Buyer shall be required, when an
assignment by the Supplier of any interest, right, benefit
or obligation under this Contract is the result of, and part
of, a corporate acquisition, merger or reorganization or
to an affiliated entity.
The Supplier should be allowed to assign any interest,
right, benefit or obligation under this the Contract in
whole or in part within the Siemens group of
Companies, without any prior permission. The Supplier
should however be able to assign to any other third
party, by written consent of the Buyer. This consent
should not be unreasonably withheld.
Srividhya Subramanian
Senior Manager - Commercial
Page 7 of 7