Warranty

Standard 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 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 visualization device; (2) ninety (90) days for any battery; and (3) twelve (12) months for all other Equipment. The warranty is not transferrable.

Service Warranty

For repaired equipment and/or service parts, a 90 day warranty on repairs will apply.

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. If the device is found not to comply with the specifications, the exclusive remedy is this Warranty and any additional service levels under which the device is covered. No returns are accepted.

Repairs and Replacements

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, iii) upgrade or iv) rework the Equipment, including having the Equipment shipped to AccuVein, with said shipping at the customer’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 return the Equipment to AccuVein.

Customer Damage

AccuVein’s Limited Warranty excludes coverage for damage resulting from accident (such as drop or liquid damage), disassembly, unauthorized service and unauthorized modifications. In the event that the repair is due to Customer damage we will charge our full per incident repair fee to help offset the cost of these repairs that are not due to manufacturing defect. If the internal diagnostic code indicates a failure due to customer misuse a Purchase Order will be required prior to completing the repair service. If the determination is made that the incident was due to customer damage during the repair, a Purchase Order will be required before completing the repair service.

Exclusive Remedies

The remedies set forth in this description of the various service offerings are the SOLE AND EXCLUSIVE remedies for any breach of any of the Warranties.

AccuVein reserves the right to modify these programs from time to time.

02/13/2020