LIMITED WARRANTY

 1. TERMS APPLICABLE TO EACH LIMITED WARRANTY.

1.1           Scope of Warranty. Each of the warranties set forth in the Schedules A – J below constitutes the Limited Warranty, with respect to each Product. Any capitalized terms contained herein shall have the meaning ascribed to that term in the Sale and Purchase Agreement or Subscription Purchase Agreement signed between the Customer and Venus Concept (the “Agreement”), as the case may be. Venus Concept makes no warranty, express or implied, that the operation of any Software will be uninterrupted or error-free. The Limited Warranty does not extend to any Product not directly provided by Venus Concept and extends solely to the Customer who purchased the Product. This Warranty is non-transferable and non-assignable by the Customer. Any attempted assignment or transfer of the Limited Warranty shall be void.

1.2           Remedies. During the Warranty Period, provided Customer is not then in default under the Agreement, Venus Concept will, in its sole discretion, either repair or replace, at no charge, any Product found upon examination by Venus Concept not to conform to the Limited Warranty. Any Products which are repaired or replaced subject to this Limited Warranty are warrantied only for the unexpired portion of the original Warranty Period. 

1.3           Loaner Units. If, during the Warranty Period, Venus Concept determines that it is necessary for the Customer to return any Product for service under the Limited Warranty, Venus Concept may, in its sole discretion and subject to the Equipment Loan Terms and Conditions (defined below), use its reasonable commercial efforts to deliver a service loaner System to the Customer within three (3) business days following the return of Customer’s System for service. Customer agrees to be bound by the equipment loan terms and conditions found at https://venusconcept.com/equipment-loan-terms-and-conditions (the “Equipment Loan Terms and Conditions”).

1.4           General Warranty Conditions. The Limited Warranty is contingent upon: (a) Customer’s full payment all amounts due and owing under the Agreement; (b) use of the Product in accordance with the Specifications; (c) the Customer promptly reporting any alleged defect or non-conformity with the Limited Warranty; (d) Venus Concept’s examination of the Product and determination to its satisfaction that the claimed defect or non-conformity exists and is not excluded under the terms of this Limited Warranty; and (e) all other terms and conditions contained in the Limited Warranty.

1.5           Obligations. THE OBLIGATIONS OF VENUS CONCEPT UNDER THIS WARRANTY ARE LIMITED, IN ITS EXCLUSIVE OPTION, TO REPAIR OR REPLACE PARTS AND MATERIALS WHICH VENUS CONCEPT DETERMINES, IN ITS SOLE DISCRETION TO BE DEFECTIVE.

1.6           Exclusions. The Limited Warranty does not cover consumables, disposables, accessories, or: (a) any condition resulting from other than ordinary use or wear; (b) any Product for which the serial number or the accessory date code has been removed, erased, effaced, altered or otherwise made illegible; or (c) damage or defect caused by, or resulting from: (i) unpacking, installation, service or repair by a person other than a service representative authorized by Venus Concept; (ii) non-compliance with the Specifications; (iii) misuse, abuse, negligence, accidents; (iv) exposure to: (A) harsh cleansers and solvents; (B) thermal extremes; (C) shock; (D) conditions which are unclean or dusty; (E) abnormal electromagnetic radiation; or (F) humidity; (v) attempted or actual dismantling, disassembling, alteration or modification of the Product performed by a person other than a service representative authorized by Venus Concept; (vi) combination or integration with other equipment, parts, components, software, or technology not supplied, or authorized in writing by Venus Concept; (vii) any use for which of the Product was not intended; (viii) damage sustained during transportation or movement of the Product; or (ix) an event outside of Venus Concept’s reasonable control, including, without limitation, fire, flood, lightning, vandalism or theft.

1.7           Limitation of Liability. THE LIMITED WARRANTY IS THE SOLE AND EXCLUSIVE WARRANTY OBLIGATION OF VENUS CONCEPT AND THE REMEDY PROVIDED ABOVE IS IN LIEU OF ANY AND ALL OTHER REMEDIES. THERE ARE NO OTHER AGREEMENTS, GUARANTEES, OR WARRANTIES, ORAL, WRITTEN, EXPRESSED, IMPLIED, OR STATUTORY, INCLUDING, WITHOUT LIMITATION TO, WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. VENUS CONCEPT SHALL NOT BE LIABLE FOR ANY INCIDENTAL OR CONSEQUENTIAL DAMAGES DUE TO ANY CAUSE WHATSOEVER. THE CUSTOMER AGREES THAT VENUS CONCEPT’S LIABILITY IS SO LIMITED.

SCHEDULE A

ARTAS iX™

Venus Concept warrants to the original purchaser of the ARTAS iX™ System, that (a) the hardware components of the System will be free from defects in materials and workmanship, and (b) the hardware and Software components of the System will operate substantially in accordance with the published Specifications, each under normal use and service, for a period of twelve (12) months from the date of installation at the Customer’s Site; but not to exceed fourteen (14) months from the date of shipment to the Customer. Venus Concept does not warrant that the operation of the Software and/or System shall be uninterrupted or error free. Replacement parts that are purchased outside of this Warranty Period are warranted for a period of thirty (30) days from the date of shipment. The Warranty Period is not tolled or extended for any period during which equipment is being repaired.

ARTAS™ System Cart Warranty

Venus Concept warrants to the original purchaser that the ARTAS™ System Cart is free from defects in materials and workmanship, under normal use and service, for a period of twelve (12) months from the date of installation at the Customer’s Site; but not to exceed fourteen (14) months from the date of shipment to the Customer.

ARTAS™ Accessory Kit and ARTAS™ Kit Warranty

Venus Concept warrants to the original purchaser that all ARTAS™ Accessory Kits and ARTAS™ Kits have been shipped from Venus Concept in functional condition, but no additional warranty shall apply.

Procedure Chair

VENUS CONCEPT MAKES NO REPRESENTATIONS AND GRANTS NO WARRANTIES, EXPRESS OR IMPLIED, EITHER IN FACT OR BY OPERATION OF LAW, BY STATUTE OR OTHERWISE, AND VENUS CONCEPT SPECIFICALLY DISCLAIMS ANY OTHER WARRANTIES, WHETHER WRITTEN OR ORAL, OR EXPRESS OR IMPLIED, INCLUDING ANY WARRANTY OF QUALITY, MERCHANTABILITY OR FITNESS FOR A PARTICULAR USE OR PURPOSE OR ANY WARRANTY AS TO THE VALIDITY OF ANY PATENTS OR THE NON-INFRINGEMENT OF ANY INTELLECTUAL PROPERTY RIGHTS OF THIRD PARTIES IN RESPECT OF ANY PROCEDURE CHAIR.

SCHEDULE B

NEOGRAFT®

Venus Concept warrants to the original purchaser of the NeoGraft® System, that (a) the hardware components of the System will be free from defects in materials and workmanship, and (b) the hardware and Software components of the System will operate substantially in accordance with the published Specifications, each under normal use and service, for a period of twelve (12) months from the date of installation at the Customer’s Site; but not to exceed fourteen (14) months from the date of shipment to the Customer. Venus Concept does not warrant that the operation of the Software and/or System shall be uninterrupted or error free. Replacement parts that are purchased outside of the Warranty Period are warranted for a period of thirty (30) days from the date of shipment. The Warranty Period is not tolled or extended for any period during which equipment is being repaired.

NeoGraft® Extraction Handpiece, NeoGraft® Incision Handpiece and NeoGraft® Implantation Handpiece Warranty

Venus Concept warrants to the original purchaser that each of the NeoGraft® Extraction Handpiece, NeoGraft® Incision Handpiece and NeoGraft® Implantation Handpiece are free from defects in materials and workmanship, under normal use and service, for a period of twelve (12) months from the date of installation at the Customer’s Site; but not to exceed fourteen (14) months from the date of shipment to the Customer.

NeoGraft® Motor and NeoGraft® Contra-Angle Head Warranty

Venus Concept warrants to the original purchaser that each of the NeoGraft® Motor and NeoGraft® Contra-Angle Head are free from defects in materials and workmanship, under normal use and service, for a period of twelve (12) months from the date of installation at the Customer’s Site; but not to exceed fourteen (14) months from the date of shipment to the Customer.

SCHEDULE C

VENUS VERSA™

Venus Concept warrants the original purchaser of the Venus Versa™ System, that the (a) hardware components of the System will be free from defects in materials and workmanship, and (b) the hardware and Software components of the System will operate substantially in accordance with the published Specifications, each under normal use and service, for a period of twelve (12) months from the date of installation at the Customer’s Site; but not to exceed fourteen (14) months from the date of shipment to the Customer. Venus Concept does not warrant that the operation of the Software and/or System shall be uninterrupted or error free. Consumables, disposables, and accessories are warranted to have been shipped from Venus Concept in functional condition, but no additional warranty shall apply. Replacement parts that are purchased outside of the Warranty Period are warranted for a period of thirty (30) days from the date of shipment. The Warranty Period is not tolled or extended for any period during which equipment is being repaired.

Venus Versa™ SR515 Applicator Warranty

Venus Concept warrants to the original purchaser that the Venus Versa™SR515 Intense Pulsed Light (IPL) applicator is free from defects in materials or workmanship, under normal use and service, for a period of twelve (12) months from the date of shipment or 150,000 pulses, whichever comes first. When the applicator handpieces have exceeded 150,000 pulses, they are considered consumed items to be replaced.

Venus Versa™ SR580 Applicator Warranty

Venus Concept warrants to the original purchaser that the Venus Versa™SR580 Intense Pulsed Light (IPL) applicator is free from defects in materials or workmanship, under normal use and service, for a period of twelve (12) months from the date of shipment or 150,000 pulses, whichever comes first. When the applicator handpieces have exceeded 150,000 pulses, they are considered consumed items to be replaced.

Venus Versa™ HR650 Applicator Warranty

Venus Concept warrants to the original purchaser that the Venus Versa™HR650 Intense Pulsed Light (IPL) applicator is free from defects in materials or workmanship, under normal use and service, for a period of twelve (12) months from the date of shipment or 150,000 pulses, whichever comes first. When the applicator handpieces have exceeded 150,000 pulses, they are considered consumed items to be replaced.

Venus Versa™ HR690 Applicator Warranty

Venus Concept warrants to the original purchaser that the Venus Versa™SR690 Intense Pulsed Light (IPL) applicator is free from defects in materials or workmanship, under normal use and service, for a period of twelve (12) months from the date of shipment or 150,000 pulses, whichever comes first. When the applicator handpieces have exceeded 150,000 pulses, they are considered consumed items to be replaced.

Venus Versa™ HR650XL Applicator Warranty

Venus Concept warrants to the original purchaser that the Venus Versa™HR650XL Intense Pulsed Light (IPL) applicator is free from defects in materials or workmanship, under normal use and service, for a period of twelve (12) months from the date of shipment or 150,000 pulses, whichever comes first. When the applicator handpieces have exceeded 150,000 pulses, they are considered consumed items to be replaced.

Venus Versa™ HR690XL Applicator Warranty

Venus Concept warrants to the original purchaser that the Venus Versa™HR690XL Intense Pulsed Light (IPL) applicator is free from defects in materials or workmanship, under normal use and service, for a period of twelve (12) months from the date of shipment or 150,000 pulses, whichever comes first. When the applicator handpieces have exceeded 150,000 pulses, they are considered consumed items to be replaced.

Venus Versa™ ACDUAL Applicator Warranty

Venus Concept warrants to the original purchaser that the Venus Versa™ACDUAL Intense Pulsed Light (IPL) applicator is free from defects in materials or workmanship, under normal use and service, for a period of twelve (12) months from the date of shipment or 150,000 pulses, whichever comes first. When the applicator handpieces have exceeded 150,000 pulses, they are considered consumed items to be replaced.

DiamondPolar® Applicator Warranty

Venus Concept warrants to the original purchaser that the DiamondPolar® Multi-Polar Radio Frequency (RF) and Pulsed Electro Magnetic Fields (PEMF) applicator is free from defects in materials or workmanship, under normal use and service, for a period of twelve (12) months from the date of shipment.

OctiPolar® Applicator Warranty

Venus Concept warrants to the original purchaser that the OctiPolar® Multi-Polar Radio Frequency (RF) and Pulsed Electro Magnetic Fields (PEMF) applicator is free from defects in materials or workmanship, under normal use and service, for a period of twelve (12) months from the date of shipment.

Venus Versa™ Viva Applicator Warranty

Venus Concept warrants to the original purchaser that the Venus Versa™ Viva Applicator is free from defects in materials or workmanship, under normal use and service, for a period of twelve (12) months from the date of shipment.

SCHEDULE D

VENUS VELOCITY™

Venus Concept warrants to the original purchaser of the Venus Velocity™ System that the (a) hardware components of the System will be free from defects in materials and workmanship, and (b) the hardware and Software components of the System will operate substantially in accordance with the published Specifications, each under normal use and service, for a period of twelve (12) months from the date of installation at the Customer’s Site; but not to exceed fourteen (14) months from the date of shipment to the Customer. Venus Concept does not warrant that the operation of the Software and/or System shall be uninterrupted or error free. Consumables, disposables, and accessories are warranted to have been shipped from Venus Concept in functional condition, but no additional warranty shall apply. Replacement parts that are purchased outside of the Warranty Period are warranted for a period of thirty (30) days from the date of shipment. The Warranty Period is not tolled or extended for any period during which equipment is being repaired.

Venus Velocity™ Applicator Warranty

Venus Concept warrants to the original purchaser that the Venus Velocity™ Applicator is free from defects in materials or workmanship, under normal use and service, for a period of twelve (12) months from the date of shipment or 5,000,000 pulses, whichever comes first. When the applicators have exceeded 5,000,000 pulses, they are considered consumed items to be replaced.

SCHEDULE E

VENUS EPILEVE™

Venus Concept warrants to the original purchaser of the Venus Epileve™ System that the (a) hardware components of the System will be free from defects in materials and workmanship, and (b) the hardware and Software components of the System will operate substantially in accordance with the published Specifications, each under normal use and service, for a period of twelve (12) months from the date of installation at the Customer’s Site; but not to exceed fourteen (14) months from the date of shipment to the Customer. Venus Concept does not warrant that the operation of the Software and/or System shall be uninterrupted or error free. Consumables, disposables, and accessories are warranted to have been shipped from Venus Concept in functional condition, but no additional warranty shall apply. Replacement parts that are purchased outside of the Warranty Period are warranted for a period of thirty (30) days from the date of shipment. The Warranty Period is not tolled or extended for any period during which equipment is being repaired.

Venus Epileve™ 800 Applicator Warranty

Venus Concept warrants to the original purchaser that the Venus Epileve™ 800 Applicator is free from defects in materials or workmanship, under normal use and service, for a period of twelve (12) months from the date of shipment or 5,000,000 pulses, whichever comes first. When the applicators have exceeded 5,000,000 pulses, they are considered consumed items to be replaced.

SCHEDULE F

VENUS LEGACY™

Venus Concept warrants to the original purchaser of the Venus Legacy™ System that the (a) hardware components of the System will be free from defects in materials and workmanship, and (b) the hardware and Software components of the System will operate substantially in accordance with the published Specifications, each under normal use and service, for a period of twelve (12) months from the date of installation at the Customer’s Site; but not to exceed fourteen (14) months from the date of shipment to the Customer. Venus Concept does not warrant that the operation of the Software and/or System shall be uninterrupted or error free. Consumables, disposables, and accessories are warranted to have been shipped from Venus Concept in functional condition, but no additional warranty shall apply. Replacement parts that are purchased outside of the Warranty Period are warranted for a period of thirty (30) days from the date of shipment. The Warranty Period is not tolled or extended for any period during which equipment is being repaired.

DiamondPolar® (LF1) Applicator Warranty

Venus Concept warrants to the original purchaser that the DiamondPolar® Multi-Polar Radio Frequency (RF) and Pulsed Electro Magnetic Fields (PEMF) applicator is free from defects in materials or workmanship, under normal use and service, for a period of twelve (12) months from the date of shipment.

4D Face (LF2) Applicator Warranty

Venus Concept warrants to the original purchaser that the 4D Face Multi-Polar Radio Frequency (RF) and Pulsed Electro Magnetic Fields (PEMF) applicator is free from defects in materials or workmanship, under normal use and service, for a period of twelve (12) months from the date of shipment.

OctiPolar® (LB1) Applicator Warranty

Venus Concept warrants to the original purchaser that the OctiPolar® Multi-Polar Radio Frequency (RF) and Pulsed Electro Magnetic Fields (PEMF) applicator is free from defects in materials or workmanship, under normal use and service, for a period of twelve (12) months from the date of shipment.

4D Body (LB2) Applicator Warranty

Venus Concept warrants to the original purchaser that the 4D Body Multi-Polar Radio Frequency (RF) and Pulsed Electro Magnetic Fields (PEMF) applicator is free from defects in materials or workmanship, under normal use and service, for a period of twelve (12) months from the date of shipment.

SCHEDULE G

VENUS BLISS™ and VENUS BLISS MAX™

Venus Concept warrants to the original purchaser of the Venus Bliss™ System that the (a) hardware components of the System will be free from defects in materials and workmanship, and (b) the hardware and Software components of the System will operate substantially in accordance with the published Specifications, each under normal use and service, for a period of twelve (12) months from the date of installation at the Customer’s Site; but not to exceed fourteen (14) months from the date of shipment to the Customer. Venus Concept does not warrant that the operation of the Software and/or System shall be uninterrupted or error free. Consumables, disposables, and accessories are warranted to have been shipped from Venus Concept in functional condition, but no additional warranty shall apply. Replacement parts that are purchased outside of the Warranty Period are warranted for a period of thirty (30) days from the date of shipment. The Warranty Period is not tolled or extended for any period during which equipment is being repaired.

Venus Bliss™ Body Laser Applicator Warranty

Venus Concept warrants to original purchaser that the Venus Bliss™ Body Laser Applicator is free from defects in materials or workmanship, under normal use and service, for a period of twelve (12) months from the date of shipment.

Venus Bliss™ MP2™ Applicator Warranty

Venus Concept warrants to the original purchaser that the Venus Bliss™ MP2™ Applicator is free from defects in materials or workmanship, under normal use and service, for a period of twelve (12) months from the date of shipment.

Venus Bliss™ EMS Applicator Warranty

Venus Concept warrants to the original purchaser that the Venus Bliss™ EMS Applicator is free from defects in materials or workmanship, under normal use and service, for a period of twelve (12) months from the date of shipment.

SCHEDULE H

VENUS FIORE™

Venus Concept warrants to the original purchaser of the Venus Fiore™ System that the (a) hardware components of the System will be free from defects in materials and workmanship, and (b) the hardware and Software components of the System will operate substantially in accordance with the published Specifications, each under normal use and service, for a period of twelve (12) months from the date of installation at the Customer’s Site; but not to exceed fourteen (14) months from the date of shipment to the Customer. Venus Concept does not warrant that the operation of the Software and/or System shall be uninterrupted or error free. Consumables, disposables, and accessories are warranted to have been shipped from Venus Concept in functional condition, but no additional warranty shall apply. Replacement parts that are purchased outside of the Warranty Period are warranted for a period of thirty (30) days from the date of shipment. The Warranty Period is not tolled or extended for any period during which equipment is being repaired.

Venus Fiore™ MP Applicator Warranty

Venus Concept warrants to the original purchaser that the Venus Fiore™ MP Applicator is free from defects in materials or workmanship, under normal use and service, for a period of twelve (12) months from the date of shipment. 

Venus Fiore™ LA Applicator Warranty

Venus Concept warrants to the original purchaser that the Venus Fiore™ LA Applicator is free from defects in materials or workmanship, under normal use and service, for a period of twelve (12) months from the date of shipment.

Venus Fiore™ VG Applicator Warranty

Venus Concept warrants to the original purchaser that the Venus Fiore™ VG Applicator is free from defects in materials or workmanship, under normal use and service, for a period of twelve (12) months from the date of shipment.

SCHEDULE I

VENUS VIVA and VENUS VIVA MD™

Venus Concept warrants to the original purchaser of the Venus Viva™ System that the (a) hardware components of the System will be free from defects in materials and workmanship, and (b) the hardware and Software components of the System will operate substantially in accordance with the published Specifications, each under normal use and service, for a period of twelve (12) months from the date of installation at the Customer’s Site; but not to exceed fourteen (14) months from the date of shipment to the Customer. Venus Concept does not warrant that the operation of the Software and/or System shall be uninterrupted or error free. Consumables, disposables, and accessories are warranted to have been shipped from Venus Concept in functional condition, but no additional warranty shall apply. Replacement parts that are purchased outside of the Warranty Period are warranted for a period of thirty (30) days from the date of shipment. The Warranty Period is not tolled or extended for any period during which equipment is being repaired.

Venus Viva™ Applicator Warranty

Venus Concept warrants to the original purchaser that the Venus Viva™ Applicator is free from defects in materials or workmanship, under normal use and service, for a period of twelve (12) months from the date of shipment.

DiamondPolar® Applicator Warranty

Venus Concept warrants to the original purchaser that the DiamondPolar® Multi-Polar Radio Frequency (RF) and Pulsed Electro Magnetic Fields (PEMF) applicator is free from defects in materials or workmanship, under normal use and service, for a period of twelve (12) months from the date of shipment. 

Venus VivaMD™ Applicator Warranty

Venus Concept warrants that the Venus VivaMD™ Applicatoris free from defects in materials or workmanship, under normal use and service, for a period of twelve (12) months from the date of shipment.

SCHEDULE J

VENUS GLOW™

Venus Concept warrants to the original purchaser of the Venus Glow™ System that the (a) hardware components of the System will be free from defects in materials and workmanship, and (b) the hardware and Software components of the System will operate substantially in accordance with the published Specifications, each under normal use and service, for a period of twelve (12) months from the date of installation at the Customer’s Site; but not to exceed fourteen (14) months from the date of shipment to the Customer. Venus Concept does not warrant that the operation of the Software and/or System shall be uninterrupted or error free. Consumables, disposables, and accessories are warranted to have been shipped from Venus Concept in functional condition, but no additional warranty shall apply. Replacement parts that are purchased outside of the Warranty Period are warranted for a period of thirty (30) days from the date of shipment. The Warranty Period is not tolled or extended for any period during which equipment is being repaired.

Venus Glow™ Treatment Handpiece

Venus Concept warrants to the original purchaser that the Venus Glow™ Treatment Handpiece is free from defects in materials or workmanship, under normal use and service, for a period of twelve (12) months from the date of shipment.