The Avcare/Avcare+ Service Agreement (“Agreement”) sets forth the legally binding terms and conditions between Avkin (“Manufacturer”) and the purchaser of the product (“Customer”) in connection with the purchase of the specified service agreement plan (“Service Agreement”) for the designated product. By procuring this service agreement, the Customer acknowledges, accepts, and agrees to the terms and conditions detailed herein.

Avcare Service Agreement Coverage:

The Avcare Service Agreement provides coverage based on the contract commencing from the original ship date. The scope of coverage encompasses the following:

  • Technical Support: Avkin extends to the Customer phone and email technical support to address technical inquiries, concerns, or issues pertaining to the covered product. Avkin’s typical response time to customer inquiries is within one (1) business day from the time of contact during normal business hours. Technical support services will be available during Avkin’s standard business hours, Monday through Friday, excluding observed holidays, from 8:00 a.m. to 4:00 p.m. EST. The Customer may seek technical support assistance through phone, email, or website form. Customers may contact Avkin’s technical support team, with Avkin reserving the right to determine if an inquiry falls outside the scope of our technical support.
  • Avkin App Updates: The Customer shall receive Avkin App updates to maintain the optimal performance, security, and functionality of the covered products. Avkin will provide App updates when necessary. The Customer will receive notifications of App updates through their tablet or phone where the app is downloaded. The Customer shall gain exclusive access to emerging features and functionalities, that are compatible with the version of their device, as soon as they are released. App updates will encompass performance enhancements, bug fixes, security patches, and improvements designed to enhance the overall user experience. Avkin will ensure that App updates are compatible with the covered product’s existing hardware and software configurations.
  • Clinical Simulations: The Customer is entitled to at least two (2) comprehensive clinical simulations, designed by Certified Healthcare Simulation Educators (CHSE/CHSE-A), tailored for pre-licensure undergraduate nursing training. Each simulation includes sections dedicated to facilitator, learner, and standardized patient interactions. The clinical simulations designed and provided by Avkin under this Service Agreement are the exclusive intellectual property of Avkin. These simulations, including all related content, software, documentation, and materials, are protected by intellectual property laws. Avkin retains full ownership and all intellectual property rights, including copyrights and trademarks, to the clinical simulations. All copyright and intellectual property rules pertaining to the clinical simulations are documented and can be found within the clinical simulations documentation.
  • Parts and Labor: Avkin assumes responsibility for the provision of replacement parts and skilled labor essential for the remediation of defects during service agreement coverage time.
  • Shipping Assurance: Avkin extends Shipping Assurance to the Customer. Avkin assumes full responsibility for the costs associated with shipping the product components to and from the Customer’s location within the continental United States. Shipments to destinations outside this region are not covered under this Service Agreement. Expedited shipping options are not available under the Shipping Assurance. Avkin shall not bear the costs associated with expedited or premium shipping methods. Avkin will utilize standard shipping methods to fulfill the Shipping Assurance commitment. The choice of carrier and delivery timeframe shall be at the sole discretion of Avkin.
  • Simulation Guru: Avkin extends Simulation Guru services to the Customer, including personalized meetings to help integrate simulators into the Customer’s educational curriculum. Avkin will schedule up to one one-hour personalized meetings between the designated Simulation Specialist and the Customer’s education team. The Simulation Guru services are available for an initial integration period of three months post original ship date. The meetings will be held virtually via video conferencing. During the integration period, the Simulation Specialist will work collaboratively with the Customer to achieve a predetermined integration objective. These objectives may include curriculum alignment, instructional design, technical configuration, and optimizing the educational impact of the simulators.
  • Performance Tune-Ups: Avkin will provide one performance tune-up for the Customer’s Avkin product. The product will receive comprehensive maintenance and inspection from a dedicated team member to ensure optimal performance. This service includes a thorough examination and servicing of the product to address any potential issues and maintain its high-quality operation.
  • Exclusive Discounts for Replacement Parts: To ensure your product meets the Avkin standard years after purchase, we provide exclusive discounts to our AvCare customers for replacement parts on specific items. These discounts are designed to help you maintain the highest quality and performance of your Avkin products. AvCare customers will benefit from a 50% discount on Avstick skin replacements with trade-in. AvCare customers will benefit from a 40% discount on Avbirth baby replacements with trade-in.

Avcare+ Service Agreement Coverage:

The Avcare+ Service Agreement provides coverage based on the contract commencing from the original ship date. The scope of coverage encompasses the following:

  • All items listed in Avcare Service Agreement Coverage.
  • Priority Tech Support and Maintenance: Avcare+ customer’s technical support or maintenance requests will be prioritized in response time and in the support queue. This transition will be dependent on the customer declaring the next planned use date in order to best support their needs.
  • Simulation Guru: Avcare+ customers are upgraded to two one-hour personalized meetings between the designated Simulation Specialist and the Customer’s education team. 
  • Complimentary Replacement Parts: To ensure your product meets the Avkin standard years after purchase, we provide replacement parts on specific items. AvCare+ customers will benefit from one complimentary Avstick skin replacement with trade-in. Avcare+ customers will benefit from 1 complimentary Avbirth genitalia and cervix replacement.
  • Exclusive Discounts for Replacement Parts: AvCare+ customers will benefit from a 40% discount on Avbirth baby replacements with trade-in.
  • Performance Tune-Ups: Avcare+ customers are upgraded to two performance tune-ups for the Customer’s Avkin product. 
  • Exclusive Product Discounts: Customers will receive a 10% discount on product replacements at the end of 5 years of use. The 10% discount is limited to product replacements for a current device under Avcare+ service agreement.  Replacement products must be purchased within 1 year of Avcare+ expiration. No trade-in is necessary for replacement.

Service Agreement Services

  • During the Service Agreement Period, if any Defect arises in the Authorized Purchased Product due to manufacturing faults, Avkin will, at its sole discretion, either repair or replace the Defective parts or the entire Authorized Purchased Product, without any charge for labor or materials, subject to the terms and conditions of this Service Agreement. The decision to repair or replace the Authorized Purchased Product will be made by Avkin’s authorized service personnel.

Exclusions

  • This service agreement does not cover defects or damages resulting from but not limited to the following:
    • Misuse, abuse, accident, or negligence.
    • Includes but is not limited to: Dropping, submersion in water, shipping by customer without appropriate protective measures, slits in parts due to knife or other sharp object.
      • Misuse includes the use of any bleach based products either within the simulation or to clean the Avkin Products.  Use of bleach in combination with Avkin fluidics can result in the creation of Carbon Monoxide.
        • Lost parts.
        • Unauthorized modifications or repairs.
        • Use of the product in a manner not intended or specified by the manufacturer.
        • Exposure to extreme temperatures, humidity, or environmental conditions.
        • Damage or replacement parts due to mold growth.
          • Note: Avkin consumables have been tested and confirmed they will not cause mold growth when used per Avkin’s recommendations
        • Acts of nature, such as floods, fires, earthquakes, etc.
        • Normal wear and tear, including scratches and minor cosmetic damages.
        • Failure to follow the product’s operating instructions and guidelines.
        • Fluidics or consumable replacements.
        • Upgrades of product hardware or software.
    • This service agreement does not cover replacement of silicone or foam components, except as provided in Section 2, however does cover repair of silicone components to the sole discretion of Avkin.
      • Artistry of the Avbirth baby including eyelashes and lifelike paint applications, are not covered under this service agreement.
  • Claim Process
    • To initiate a service agreement claim, you must contact our customer service department through the provided channels within the service agreement period. You may be required to present the original proof of purchase, serial number, and other relevant information to validate your claim.
  • Shipping and Handling
    • If the service agreement claim requires the product to be shipped to our service center, Avkin assumes full responsibility for the costs associated with shipping the product components to and from the Customer’s location within the continental United States. Expedited shipping options are not available. Avkin shall not bear the costs associated with expedited or premium shipping methods.
  • Limitation of Liability
    • TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, AVKIN SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE, OR EXEMPLARY DAMAGES ARISING OUT OF OR IN CONNECTION WITH THE USE OR INABILITY TO USE THE AUTHORIZED PURCHASED PRODUCTS, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
    • THE TOTAL LIABILITY OF THE MANUFACTURER UNDER THIS SERVICE AGREEMENT SHALL NOT EXCEED THE ORIGINAL PURCHASE PRICE OF THE AUTHORIZED PURCHASED PRODUCTS.
  • Transferability
    • This service agreement is non-transferable and is applicable only to the original purchaser of the product.
  • Governing Law
    • These terms and conditions, and any disputes arising from or relating to the service agreement, shall be governed by and construed in accordance with the laws of Delaware.
  • General
    • These Terms & Conditions constitute the entire agreement between the Customer and the Manufacturer concerning the Authorized Purchased Products and supersedes all prior or contemporaneous agreements, communications, and proposals, whether oral or written.
    • Avkin reserves the right to modify or amend this Service Agreement at any time by posting an updated version on its website or providing notice to the Customer. Any changes will be effective upon publication on our official website, without prior notice.
    • Length of agreement is set during the contract process through Avkin quotation and Customer Order.

CONSUMER LAW

Nothing in the Avcare Service Agreement shall limit or exclude any rights or remedies that you may have under applicable consumer protection laws or regulations. In the event that any provision of the Avcare Service Agreement is found to be inconsistent with or contrary to such laws or regulations, such provisions shall be interpreted and enforced to the maximum extent permitted by law. Your statutory rights as a consumer are not affected by this Service Agreement.