A Medical Equipment Lease & Purchase Agreement governs acquisition or leasing of medical devices and technology. This playbook addresses maintenance, warranties, and ownership transfer terms.
Why This Matters: Prevents payment disputes, ensures predictable cash flow, and aligns incentives between parties.
Negotiation strategy
If you're the Healthcare Provider:
Negotiate for detailed fee schedules and timely invoicing to ensure predictable cash flow. Advocate for clear mechanisms for price adjustments to avoid future disputes.
If you're the Lessee:
Ensure payment terms are flexible enough to accommodate changes in market conditions. Propose annual reviews of pricing to align with industry standards.
Essential elements
1
Payment Schedule
Defines payment due dates.
2
Pricing Structure
Details fee schedules and discounts.
3
Dispute Resolution
Mechanisms for resolving payment issues.
Action framework
ACCEPT
Propose edits when payment terms lack clarity or flexibility.
EDIT
Reject if terms expose undue risk or lack compliance.
ADD
Add language for price adjustments due to regulatory changes.
PRO TIP
Always include a clause for annual pricing reviews to adapt to market changes.
Example clauses
FAVORABLE
Preferred Payment Terms
"The payment terms shall include a detailed fee schedule, with invoices issued monthly and payable within 30 days. Any adjustments to pricing shall be subject to mutual agreement and documented in writing."
NEUTRAL
Standard Payment Terms
"Invoices will be issued quarterly, with payment due within 45 days. Price adjustments may occur annually based on market conditions."
UNFAVORABLE
Inflexible Payment Terms
"Payments are due within 60 days of invoice issuance, with no provisions for price adjustments."
Fallbacks
High-Risk Projects
For high-risk projects, include clauses that allow for more frequent pricing reviews and adjustments to mitigate potential financial exposure.
Regulatory Changes
In scenarios involving regulatory changes, ensure clauses allow for price adjustments to maintain compliance and operational stability.
Volume Discounts
For contracts with volume discounts, ensure pricing structures are clearly defined and include mechanisms for adjusting discounts based on purchase volumes.
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