Terms and Conditions shall apply to all orders submitted or to be submitted by you for any items, offered to you on or via the InBody website and other InBody application (referred to in these Terms and Conditions as the "Products"), including, but not limited to, hardware devices, accompanying items and accessories including devices, items or accessories containing pre-installed software ("Hardware").
II. Terms and Conditions
InBody Warranty, Terms and Conditions, and Exclusions:
- InBody guarantees that the product has been approved through qualified test procedures under severe conditions.
- Warranty period: InBody warrants that there are no physical defects in the merchandise and all supplemental materials for one (1) year from the date delivery.
- The purchaser is responsible for any or all risks arising from the use of the products. InBody disclaims any other warranties, including but not limited to the warranties of merchant-ability, fitness for specific purposes, and implied warranty regarding ownership or non-infringement, whether express or implied, to the maximum extent permitted by the applicable laws.
- Repairs shall not be provided under warranty, and are excluded, when damage, or malfunction results from:
- Customer abuse, misuse, negligence or any other defect caused by the user.
- Customer fails to follow the installation, operation, or maintenance instructions described in the setup/user's manual.
- Any defect or damage caused by natural disasters (storm, flood, earthquake, etc.), power failures or surges, actions of third parties, and any other event outside InBody's reasonable control or not arising under normal conditions.
- Customer disassembles or by modifies internal parts or programs or by any other unauthorized personnel.
- The following procedures apply under this. Based on the date of the receipt of the defective machine, InBody will repair and ship back the repaired machine in a timely matter. You may call customer service for an appropriate return date.
- The customer will call InBody during the coverage period. InBody will diagnose the malfunction, and advise the customer which component is most likely the cause of the malfunction.
- If initial or subsequent diagnosis confirms that a failure exists beyond the customer's ability to correct, InBody may find it necessary to send the machine to InBody for servicing.
- If needed, the customer must package the defective machine in its original box for return to InBody The customer will pay the shipping costs for returning the defective machine to InBody, unless stated otherwise. InBody will repair the defective machine and return it to the customer with InBody paying the shipping costs back to customer. If customer requests a demo machine during repair, customer will be responsible for all shipping charges.
- Based on the date of the receipt of the defective machine, InBody will repair and ship back the repaired machine in a timely matter. You may call customer service for an appropriate return date.
- As a condition of this warranty, the customer will advise InBody promptly of the change of location of the InBody or office location.
- The warranty is valid for InBody manufactured products only. InBody will not be held responsible for any additional items, such as accessories manufactured by third parties.
- Warranty is only valid for the purchaser signed on the contract with InBody Should the machine change ownership, the warranty is void, and an extended warranty cannot be purchased by new owners.
- Customers who have not purchased the extended warranty or are not covered by the extended warranty are liable for the expense of parts, labor, and all shipping charges.
- The extended manufacturer's warranty begins on the last date of the previous warranty and covers all angles of the previous warranty.
- The extended warranty can be purchased up to maximum 3 years within manufacturer's warranty period.
- Additional extended warranty cannot be purchased after purchasing extended warranty.
- For more information on Extended Warranty contact your Sales Representative.
III. InBody Policy
Purchase Agreement pricing valid for thirty (30) days. Purchase Agreement must be submitted initialed/signed with form of payment to be processed. Upon receipt of payment, you order shall be processed and shipped out within two (2) business days.
- PAYMENT: If the payment is unpaid by the due date, or is dishonored for any reason, a late fee shall be added at a rate equal to seven percent (7%) of the unpaid amount due, on a monthly basis. If the account is forwarded to a collection agency, an additional twenty-five percent (25%) will be added to the total amount due. If payment by company/personal check is returned, the buyer is liable for a charge of USD 25.00 returned check fee. Any returns on credit card payment are liable for a fee of three percent (3%) of the total amount due. In the event of any payment default, buyer agrees to pay any and all reasonable attorney fees and costs of collection to the extent permitted by law. This shall be enforced in accordance with the laws of the State of California, Los Angeles County.
- SHIPPING: For all customer service issues, the product must be shipped in its original box. Failure to keep the original box will cost the client extra time and fees to complete repair and/or maintenance. In the event that the customer needs a new box, InBody will charge USD $50.00 for the box, plus shipping. Shipping expense is the responsibility of the customer. In the event that the machine requires repair or maintenance, the customer will have to pay the shipping charges to InBody and repair charges will be subject to the status of the customer warranty. InBody will cover the shipping charges back to the customer based on the status of warranty coverage. Per signing the contract, buyer agrees that this unit will be used within the address stated above and/or used within the United States.
- RETURN POLICY: InBody DOES NOT accept returns. Returns are only accepted for defective units at delivery. Buyer must notify InBody within three (3) days from the date of delivery.
- TRADE COMPLIANCE: The export of any product and software purchased from InBody must be made in accordance with all relevant rules and regulations set forth by InBody. InBody is not allowed to export or be associated in any export of product(s) outside of the United States. All buyers must agree, I will NOT export this order outside of the United States.
- By entering into a sales agreement with InBody, you agree to be identified as a user of InBody, and you agree that InBody may refer to you by name, trade name and trademark, if applicable, and may briefly describe your business in InBody's marketing materials and website. You hereby grant InBody a fully-paid, irrevocable, perpetual, world-wide license to use your name and any of your trade names, trademarks, logos solely in connection with the rights granted to InBody pursuant to this marketing section
IV. Force Majeure
Force majeure means circumstances that impede the fulfillment of InBody's obligations under these Terms and Conditions which are not within InBody's reasonable control, including late and/or delayed deliveries and incomplete deliveries by InBody caused by circumstances beyond InBody's reasonable control. In a force majeure situation all of InBody's obligations shall be suspended.
Should the period in which InBody cannot fulfill its obligations as a result of force majeure continue for longer than ninety (90) calendar days, both parties shall be entitled to dissolve the purchase agreement in writing without there being an obligation to pay any compensation whatsoever arising out of or in connection with that dissolution.
VI. Links to Third Party Websites
InBody is not responsible for the content of any third-party websites or services, any links contained in third-party websites or services, or any changes or updates to third-party websites or services. Where InBody provides links and/or access to third-party websites and/or services it is only as a convenience to you, and the inclusion of any link or access does not imply an endorsement by InBody of the third-party site or service.
VII. Third Party Rights
Third parties have no rights under applicable legislation in relation to the rights of third parties to rely upon or to enforce any term of these Terms and Conditions but that does not affect any right or remedy of a third party which exists or is available apart from such applicable legislation.
Any provisions in these Terms and Conditions which by their nature extend beyond the termination or expiration of any sale or license of the Products will remain in effect.
If any provision of these Terms and Conditions is deemed to be void, invalid, unenforceable or illegal, the other provisions shall continue in full force and effect. You and InBody are deemed to have agreed to new terms and conditions in substitution for such invalid provisions. These new terms and conditions shall be interpreted, as regards their contents and effect, as closely as possible to the original text as written but in such a way that rights can indeed be derived from them.
X. Governing Law
These Terms and Conditions and any disputes related to these Terms and Conditions or to the purchase and use of the Products or otherwise are subject to California law. All disputes arising out of these Terms and Conditions shall be settled by the courts of the place where you have legal domicile or are in residence, which will have exclusive jurisdiction in respect of any such disputes.
The English version of these terms and conditions is the prevailing version for your purchase.
Should you have any questions, suggestions or complaints concerning your order, your purchase, these Terms and Conditions, or if you desire to contact InBody for any reason, please email us at firstname.lastname@example.org.