ClearPoint Neuro, Inc.
Terms & Conditions of Loan
(Instruments & Accessories)

In connection with the performance of procedures utilizing ClearPoint Neuro, Inc. (CLPT) hardware and software products (the “Equipment”), a customer (the “Customer”) may request certain specialized instruments and accessories, such as MRI-compatible flex coils, extensions, stabilizers, MRI compatible surgical instrumentation, and other items that are required for performing a medical procedure with the Equipment (the “Instruments and Accessories”).  If CLPT agrees to loan the Instruments and Accessories to  a Customer, the following terms and conditions shall apply to the loan: 

1. CLPT and Customer must mutually agree on the specific list of Instruments and Accessories to be loaned in writing, prior to the loan. Title to the Instruments and Accessories will not transfer from CLPT to Customer; CLPT is and will remain the owner of the Instruments and Accessories.
2. CLPT will make the Instruments and Accessories available to Customer solely for Customer’s use of the Equipment.
3. CLPT will attempt to make the Instruments and Accessories available to Customer on a per-procedure basis as requested by Customer; however, CLPT cannot guarantee the availability of the Instruments and Accessories for evaluation by Customer at the times/dates requested by Customer.
4. Customer bears all risk of loss should the Instruments and Accessories be stolen, lost, damaged or destroyed while in Customer’s possession or control. Customer will return the Instruments and Accessories to CLPT upon CLPT’s request.  Before return to CLPT, Customer will (i) sterilize the Instruments and Accessories that are able to be sterilized, (ii) clean and disinfect Instruments and Accessories that are not able to be sterilized and (iii) inspect all Instruments and Accessories.  Customer is required to provide CLPT proof of sterilization (to the extent applicable), and to inform CLPT of any damage to or deterioration of the Instruments and Accessories, in each case upon return of the Instruments and Accessories to CLPT.
5. Customer understands that CLPT may not be the manufacturer or a distributor of the Instruments and Accessories, that CLPT does not advise on proper indications for use of the Instruments and Accessories, and that CLPT does not instruct nor train on the use of the Instruments and Accessories. As such, Customer will be solely responsible for its use of the Instruments and Accessories, including, without limitation, providing appropriate training to, and supervision of, its medical staff on the proper use of the Instruments and Accessories, and properly sterilizing and inspecting the Instruments and Accessories prior to use.  CLEARPOINT NEURO MAKES NO WARRANTY, EXPRESS OR IMPLIED, IN CONNECTION WITH OR REGARDING THE INSTRUMENTS AND ACCESSORIES AND HEREBY DISCLAIMS ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
6. Customer hereby assumes all liability for, and agrees to indemnify, defend and hold harmless CLPT and its officers, directors, employees, agents, representatives, affiliates, successors and assigns from and against, any and all liabilities, losses, damages, claims (including claims arising in contract, tort, strict liability or otherwise) and expenses (including reasonable attorney’s fees) relating to or arising from Customer’s use of the Instruments and Accessories.