Standard Form of Indemnity - Health Facilities Scotland

Standard Form of Indemnity
Name of NHS Body __________________________________________________
Location item to be used at _____________________________________________
Department _________________________________________________________
An Agreement made the _________ day of _______________________
Between ___________________________________ (* the NHS Body *) and
The Supplier:________________________________________________________
Name of person: ____________________________________________________
Contact details:_______________________________________________________
(1) The Supplier is the owner of the equipment described in the Schedule (“the
(2) The Supplier wishes the NHS Body to use the equipment for the benefit of the
Supplier for the purpose of evaluation, testing research, design, investigation or trial
IT IS HEREBY AGREED that the Supplier shall lend and the NHS Body shall borrow
and use free of charge the equipment for the period specified in the Schedule in the
premises specified in the Schedule (“the premises”) on the terms set out below.
The Supplier shall be liable for and shall indemnify each NHS body against all
liability in respect of personal injury to or the death of any person, loss of or
damage to property and any loss or expense in consequence of or in any way
arising out of the installation, presence, use or removal of the equipment on
or from the premises provided that this indemnity shall not extend to liability
resulting from the negligence of the NHS Body own servants or agents.
(a) The Supplier shall insure against its full liability under Condition 1.
(b) The insurance cover shall be in the minimum sum of £5 million in respect
of any one incident.
(c) The Supplier upon request shall produce to the NHS Body documentary
evidence that the insurance is properly maintained.
(d) Should the Supplier default in insuring, the NHS Body may itself affect
insurance and may charge the cost together with an administrative charge of
5% to the Supplier.
Version 2 - 30 July 2010
 Health Facilities Scotland, a Division of NHS National Services Scotland
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The Supplier shall provide the NHS Body with written evidence on the safety
of the equipment, drawing attention to any failures to comply with relevant
British Standards or NHS specifications or the use of the equipment
necessary to ensure the safety of patients or staff shall be pointed out to the
NHS Body.
A delivery note shall accompany the delivery of the equipment, identifying the
equipment by serial number or otherwise.
Detailed instructions in the use of the equipment shall be given to the NHS
Body’s nominated staff by a qualified agent of the Supplier and detailed
instruction manuals, where available, shall be supplied to the NHS Body.
The equipment will not be modified or interfered with by the NHS Body
without the agreement of the Supplier.
(a) The NHS Body shall not be liable for any charge for maintenance, repair,
consumable materials and accessories required for the operation of the
equipment during the period of the loan or for any carriage or installation
charges except by prior notification to and the issue of an official purchase
order by the NHS Body.
(b) Except where the Supplier has advised to the contrary in writing, the
Supplier shall be responsible for all maintenance of whatever nature to be
carried out in respect of the equipment during the period of loan.
(a) On receipt of a written request at any time from the NHS Body the
Supplier shall remove the equipment from the premises with all practicable
speed free of charge and at that time provide the NHS Body with a receipt for
the equipment. The Supplier shall remove the equipment no later than 14
days after he has been instructed to do so, unless some other arrangement is
agreed to by both parties. Failure to remove the equipment will result in the
NHS Body taking steps to dispose of it.
(b) The NHS Body shall permit the Supplier to remove the equipment from
the premises on receipt of reasonable notice in writing.
(c) The Supplier will be responsible for the cost of reinstating the premises,
including the services therein, to the satisfaction of the NHS Body.
The equipment shall remain continuously at the Supplier’s risk during and
after the period of loan.
The NHS Body and the Supplier hereby agree that this indemnity shall be
construed in accordance with Scots Law and that in any dispute arising
hereunder the Court of Session will have jurisdictions.
SIGNED on behalf of the NHS Body____________________________________
SIGNED on behalf of the Supplier____________________________________
Version 2 - 30 July 2010
 Health Facilities Scotland, a Division of NHS National Services Scotland
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Department Ref. No: ________________________
Serial No: _______________________
Model/Mark No: ___________________________
Value: ___________________________
NHS Body
Service Requirements
During loan - YES/NO
To be serviced by: - _______________________________
Date when service required: - ______________________
Period of Loan
_________ Years _________ Months commencing the______day of_____
Check:Medical Physics Acceptance check completed
User Manual Supplied
User training given
Service manual supplied
Med. Physics service training/overview given
- Job,No: ____
For Internal Use Only
Loan Reference No. LN _________________
Version 2 - 30 July 2010
 Health Facilities Scotland, a Division of NHS National Services Scotland
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