AccuVein provides a limited warranty for its products included in the purchase price. AccuVein also offers additional service options for purchase in the United States. Please check with your local distributor for additional service options outside of the United States.
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 illumination device; (2) ninety (90) days for any battery; and (3) twelve (12) months for all other Equipment. The warranty is not transferrable.
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
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, 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.
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.
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.
Annual Service Plan Plus
If the customer chooses to purchase ASPPlus coverage they become eligible for an enhanced level of services and the terms of this section apply. Under this 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 replace the customer’s Equipment as defined under “Rapid Replacement.”
If AccuVein determines that the failure was due to customer damage, a copay will apply and the original coverage will remain in effect once the copay has been paid.
AccuVein reserves the right to modify the ASPPlus program from time to time. All terms of the Standard Warranty, not modified in this section, still apply. This plan is available only in the U.S.
Platinum Annual Service Plan
If the customer chooses to purchase ASPPlatinum, the customer receives all of the enhancements of ASPPlus, but is exempt from the customer damage copay.
AccuVein reserves the right to modify the ASPPlatinum program from time to time. All terms of the Standard Warranty and Annual Service Plan Plus, not modified in this section, still apply. This plan is available only in the U.S.
In order to minimize handling on the part of the Customer, and to reduce case closure time, the ASPPlus and ASPPlatinum use a “Forward Swap” Rapid Replacement process. Under this program, if the Customer believes that such a device does not comply with the Warranties during the agreement period and after consultation AccuVein issues a return authorization to the Customer, then AccuVein will promptly ship to the Customer using next-day delivery a new or like-new device (“replacement”) as follows. AccuVein provides a prepaid shipping label and ships the replacement as soon as the unit being returned for repair is transferred to the shipping company.
The replacement device becomes the property of the Customer, and the original device becomes the property of AccuVein. The replacement unit will not have the same serial numbers. No labeling, RFID tags or other Customer equipment attached to the device being repaired will be returned to the customer.
These Rapid Replacement program terms apply to the U.S. only. Please contact your local distributor for service options outside the U.S.
As a requirement of participation in the ASPPlus, ASPPlatinum and Rapid Replacement programs, the Customer must comply with the procedures established by AccuVein for that program. If the customer does not return the unit to be repaired or the replacement unit, the customer agrees to pay $4500 for any unreturned AV400 and $500 for any unreturned accessory item. The Customer agrees as a requirement of participation in these programs that the agreement provided by AccuVein supersedes any service plan modifications listed in the Purchase Order “boiler plate.”
With the exception of the AccuVein, the charging cradle and the power supply that ships in the box with the AccuVein, all other accessories are wear items that are covered exclusively under our Standard Warranty. Customers with ASPPlus and ASPPlatinum coverage are eligible for discounts for accessory services.
Loss Replacement Program
Units that are covered under the ASPPlatinum programs are eligible to participate in the AccuVein “Loss Replacement Program” (LRP). This program provides for deeply discounted replacements should a Vein Visualization device be stolen. The LRP program must be purchased with the device purchase or with a renewal of an ASPPlatinum agreement. Under this program, if the Customer requires replacement of a stolen device, the customer must file a police report and then notify AccuVein of the loss. Upon receipt of a copy of the police report and a purchase order for the associated copay a replacement unit will be shipped to the customer.
The replacement device becomes the property of the Customer, and the original device becomes the property of AccuVein. The Customer agrees to take reasonable steps to assist AccuVein in the recovery of the original unit and the Customer agrees to immediately return the original unit to AccuVein should it be recovered. Should the Customer choose to not return the recovered unit to AccuVein the fees under “Service Agreements” above will apply.
The replacement unit will not have the same serial numbers. No labeling, RFID tags or other Customer equipment attached to the device being repaired will be returned to the customer.
AccuVein reserves the right to modify the LRP program from time to time. All terms of the Standard Warranty and Annual Service Plan Plus, not modified in this section, still apply. This plan is available only in the U.S. This program does not cover accessories except when they are reported stolen with the AccuVein unit.
AccuVein periodically offers upgrade and/or trade-in programs. All units which are covered by either ASPPlus or ASPPlatinum at the time of announcement of such a program is eligible to participate at the most favorable terms for said upgrade program.
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.
Customer modifications to any equipment may void your warranty or limit your coverage under any of the plans listed above. Unauthorized service will void your warranty. The following modifications are permitted:
- Customer and AccuVein supplied labels applied to the exterior of the device
- Asset tags
- RFID or other Security Tags
Customer must remove all tags and labeling that they wish to retain. No labeling, RFID tags or other Customer equipment attached to the device being repaired will be returned to the customer.
AccuVein reserves the right to modify these programs from time to time.