Warranty

AccuVein warrants that the Equipment conforms to any specifications provided in writing by AccuVein to Customer for that Equipment, is of sound materials and workmanship, is new and unused, unless otherwise specified, and does not infringe any patent or registered trademark, copyright or design right owned by any third party.

Except as provided in the above paragraph, ACCUVEIN IS NOT MAKING, AND THE CUSTOMER IS NOT RELYING ON, ANY REPRESENTATIONS OR WARRANTIES WITH RESPECT TO THE EQUIPMENT, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR USE , OR ARISING FROM COURSE OF PERFORMANCE, COURSE OF DEALING OR USAGE OF TRADE.

Standard Warranty

Standard Warranty Period

The Warranties with respect to any Equipment shall remain in effect for the following period of time after delivery of the Equipment to the Customer Site (the “Warranty Period”): (1) twelve (12) months for each AccuVein vein illumination device; (2) ninety (90) days for any battery; and (3) twelve (12) months for all other Equipment.

Notice of Warranty Claim

If at any time during the applicable Warranty Period the Customer believes that the Equipment does not comply with any of the Warranties, the Customer shall promptly notify AccuVein. If the Customer does not provide that notice within the Warranty Period, the Customer shall not have any right to claim that the Equipment does not comply with the Warranties. The Customer shall inspect the Equipment promptly after delivery to the Customer Site and promptly notify AccuVein of any alleged breach of any Warranties or any errors relating to the delivery of the Equipment.

Repairs and Replacements

Except as provided in the IP Infringement paragraph below, if within the applicable Warranty Period the Customer notifies AccuVein that any Equipment does not comply with any of the Warranties and if in fact the Equipment does not comply with any of the Warranties (not caused by misuse or abuse), AccuVein shall, at AccuVein’s election and expense, either i) repair, or ii) replace, or iii) rework the Equipment, including having the Equipment shipped to AccuVein (at AccuVein’s expense). The Customer shall comply with AccuVein’s standard procedures and requirements relating to the return of any Equipment; among other things, the Customer shall not return any Equipment to AccuVein without first obtaining a return authorization from AccuVein. If after a reasonable period of time AccuVein does not repair, replace or rework the Equipment so that it complies with the Warranties, AccuVein shall refund the purchase price of that Equipment to the Customer, and the Customer shall (at AccuVein’s expense) return the Equipment to AccuVein.

IP Infringement

In the event that any third party makes any claim (including the commencement of any legal action) against the Customer, AccuVein or any other party alleging that any patents, software or other proprietary rights of AccuVein utilized or embodied in any Equipment that is a vein illumination device infringe or misappropriate the intellectual property or proprietary rights of that third party, then AccuVein shall have the right in its discretion either (1) to take action which will secure the right of the Customer to continue to utilize the Equipment, at no additional cost to the Customer, or (2) to modify the Equipment in order to eliminate the basis for such an action or claim, at no cost to the Customer, provided that such Equipment, as so modified, will continue to conform to the specifications provided in writing by AccuVein to Customer for that Equipment, or (3) if neither (1) nor (2) is commercially reasonable or practicable, refund the full purchase price of the Equipment, without further liability of AccuVein.

Exclusive Remedies

The remedies set forth in this description of the Standard Warranty (and, for any Premium Warranty, the “Spare-in-the-Air” Warranty Program below) are the SOLE AN D EXCLUSIVE remedies for any breach of any of the Warranties.

Premium Warranty

The provisions of the premium warranty shall apply only if the customer has purchased a premium warranty (available only in the U.S.).

Extended Warranty Period

If the Customer has purchased a Premium Warranty, then in lieu of the Warranty Period set forth in Standard Warranty above, the Warranty Period shall be (1) AS PURCHASED FOR THE ACCUVEIN VEIN ILLUMINATION DEVICE; (2) ninety (90) days for any battery; and (3) as purchased for all other Equipment.

“Spare-in-the-Air” Warranty Program

If the Customer has purchased a Premium Warranty, then in addition to the remedies set forth in description of the Standard Warranty, Repairs and Replacements program above, the Customer is eligible to participate in AccuVein’s “Spare-in-the Air” program for any Equipment that is an AccuVein Vein Illumination Device. Under that program, if the Customer believes that such a device does not comply with the Warranties during the Warranty Period and after consultation AccuVein issues a return authorization to the Customer, then AccuVein will promptly ship to the Customer for next-day delivery a new or like-new device even before the Customer returns to AccuVein the original device that the Customer believes does not comply with the Warranties. The Customer can use that device until the Customer receives back from AccuVein the Customer’s original device (or, if necessary, a replacement device) that complies with the Warranties. In order to participate in that program, the Customer must comply with the procedures established by AccuVein for that program. AccuVein reserves the right to modify that program from time to time.