Professional Devices

Professional Devices Terms and Conditions

1. Scope

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”).

2. Terms and Conditions

1. InBody Assurance of Product Reliability:

• InBody hereby assures that the product has undergone rigorous testing and evaluation processes, including testing under severe conditions, to ensure its quality and performance.
• While InBody strives to provide a high-quality product, it is important to acknowledge that certain factors beyond our control may lead to product faults or malfunctions, especially under extreme or unforeseen circumstances.
• Purchaser acknowledges that the product's performance may vary under different conditions, and InBody does not provide an unconditional guarantee against product faults or malfunctions in all scenarios.
• InBody’s liability for any product faults or malfunctions shall be subject to the terms and limitations outlined in this agreement.
• Purchaser is encouraged to use the product in accordance with the provided guidelines and recommendations to minimise the risk of faults or malfunctions. Any misuse or improper handling of the product may void the warranty and limit InBody’s liability.

 3. InBody Warranty, Terms and Conditions, and Exclusions:

• 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:
  1. Customer abuse, misuse, negligence, or any other defect caused by the user.
  2. Customer fails to follow the installation, operation, or maintenance instructions described in the setup/user’s manual.
  3. 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.
  4. Customer disassembles or by modifies internal parts or programs or by any other unauthorised 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.

1. 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.
2. 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.
3. 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.
4. In the event a demo machine is available for use 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, labour, 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.

4. InBody Policy

Quote pricing valid for two weeks (14 days) unless otherwise noted on the Quote. Quote must be submitted initialled/signed with form of payment to be processed. Upon receipt of payment, your order shall be processed and shipped out within five (5) business days.

1. PAYMENT: If the payment is unpaid by the due date, or is dishonoured 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 cheque is returned, the buyer is liable for the charge of a returned cheque 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 Queensland.
2. 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 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 Australian or New Zealand.

5. Shipping Policy

• All orders are processed within 1-3 business days. Orders are not shipped or delivered on weekends or holidays.
• Expedited shipping is based on the date that is shipped out, not the date the order is placed.
• Orders that are system flagged may be asked to verify additional information and we are not responsible for delays in processing your order.

6. 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.

7. 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 Australia. All buyers must agree, I will NOT export this order outside of Australia.

8. By entering into a sales agreement with InBody, you agree to be identified as a User, Purchaser, Owner, or Operator 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

9. 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.

10. Privacy

InBody will not disclose information regarding your personal details, account or transactions to any third party other than in accordance with its Privacy Policy. You hereby agree that you have read and accepted the Privacy Policy

11. 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.

12. 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.

13. Survival

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.

14. Severability

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.

15. 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 Queensland 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.

16. Translations

The English version of these terms and conditions is the prevailing version for your purchase.

17. Questions

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 oceania@inbody.com.