Professional Products Terms and Conditions

Scope
These Terms and Conditions shall apply to all professional-model product orders submitted or to be submitted by you for any InBody-brand professional-model products (“Products”), such as the InBody 770, but not the InBody H20N, offered to you on or via inbody.com or any other InBody-brand website or InBody application, including, but not limited to, hardware devices, accompanying items and accessories including devices, items or accessories containing pre-installed software, but not the software itself.

InBody Warranty Terms, Conditions, and Exclusions

1. InBody guarantees that the itemized products (“Product”) have been approved through qualified test procedures under severe conditions.

2. Warranty Period: InBody warrants that there are no current physical defects, and that there will be no physical defects, in new and refurbished Products for one (1) year from the date of purchase. In the event a Product is proven to be delivered defective, Purchaser shall notify InBody within three (3) business days from the date of discovery of said defect.

3. Purchaser is responsible for any and all risks arising from the use of the Products. InBody disclaims any other warranties, including but not limited to the warranties of merchantability, 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.

4. InBody shall not provide repairs under warranty, and Purchaser is recommended to obtain adequate insurance for such instances, when damage or malfunction to Product(s) results from:

   1. Purchaser abuse, misuse, negligence or any other defect caused by the Purchaser.

   2. Purchaser 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. Purchaser disassembles Product(s), modifies internal Product components or programs, or causes any other unauthorized personnel to do the same. Evidence of tampering will result in a void warranty.

   5. InBody reserves the right to not provide repairs for any damage caused, directly or indirectly, by rodents, as determined by InBody, in its sole discretion, and Purchaser agrees and understands that InBody may consider a Product sustaining rodent damage as a total loss.

5. The following procedures apply under this warranty:

   1. Upon discovery of defect, and during the warranty period, the Purchaser will contact InBody. InBody will diagnose the malfunction and advise the Purchaser which component is most likely the cause of the malfunction.

   2. If initial or subsequent diagnosis confirms that the existing malfunction is beyond the Purchaser’s ability to correct, InBody may find it necessary for Purchaser to send the Product(s) to InBody for servicing. However, Purchaser agrees that Purchaser and InBody must go through all available and applicable remote troubleshooting options prior to consideration of shipment options.

   3. Purchaser must package the defective Product in its original box for return to InBody. Purchaser shall pay the shipping costs for returning the defective Product to InBody, unless stated otherwise. InBody shall repair the defective Product and return the Product to the Purchaser with InBody paying the shipping costs for return. If Purchaser requests a loan Product during the repair period, Purchaser will be responsible for all shipping charges related to that loan Product.

   4. Return Shipping Coverage Exceptions: Regarding Product’s return shipment:

      1. InBody will pay up to a standard shipping cost within the Continental United States. Purchasers outside of the Continental United States will be responsible for the difference of cost both ways.

      2. Expedited shipping services are not covered under warranty and Purchaser will be responsible for any additional shipping costs if this service is requested.

   5. Under no circumstances will InBody ship parts to the Purchaser for self-repair or repair by an unauthorized technician.

6. Based on the date of the receipt of the defective Product, InBody shall repair and ship back the repaired Product in a timely manner, under InBody’s sole discretion. Purchaser may call customer service for an estimated return date.

7. The decision to fit any replacement spare parts will be made solely by InBody and InBody reserves the right to use new or refurbished parts at InBody’s sole discretion.

8. As a condition of this warranty, Purchaser will advise InBody of any Purchaser or Product change of location.

9. 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.

   1. Third party accessories provided to Purchaser by InBody are covered by a thirty (30) calendar day limited warranty. If a defect in said third party accessory is discovered, Purchaser shall contact InBody within thirty (30) calendar days to report the defect.

   2. InBody shall send a replacement accessory and Purchaser shall return the defective accessory back to InBody.

10. Warranty is only valid for the Purchaser signed on the Purchase Agreement with InBody. Should the Product change ownership, the warranty will be deemed void, and an extended warranty cannot be purchased by new owners.

11. Extended warranties are only available for new Products; refurbished Products shall be limited to InBody’s standard one (1) year warranty.

12. The extended manufacturer’s warranty begins on the last date of the previous warranty and covers all angles of the previous warranty.

13. The extended warranty can be purchased up to maximum three (3) years within manufacturer’s warranty period.

14. Additional extended warranty cannot be purchased after purchasing extended warranty.

15. For more information on Extended Warranty contact an InBody Specialist.

Restriction: Beware that this Product may not be recommended to persons with heart disease or heart supportive devices, women during pregnancy, electronic sensitive persons, and should consult a physician before use.

Miscellaneous
Purchase Agreement pricing valid for thirty (30) calendar days and Purchaser agrees to pay within thirty (30) calendar days following execution of this Purchase Agreement. Purchase Agreement must be submitted initialed/signed with form of payment to be processed. Upon receipt of payment, Purchaser order shall be processed and shipped out within two (2) business days. Should Purchaser wish to cancel an order, Purchaser must cancel that order thirty (30) days prior to estimated delivery date of that order; failure will result in Purchaser being charged by InBody with a restocking fee equal to 25% of the order value.

1. PAYMENT: If payment is late, or is dishonored for any reason, Purchaser will be assessed a late fee at a rate equal to ten percent (10%) of the unpaid amount due, on a monthly basis. If the account is forwarded to a collection agency, Purchaser will be assessed an additional twenty-five percent (25%), which will be added to the total amount due. If payment by company/personal check is returned, Purchaser will be liable for a charge of USD 25.00 returned check fee. Purchaser is liable for any returns on credit card payment at a rate of three percent (3%) of the total amount due. In the event of any payment default, Purchaser agrees to pay any and all reasonable attorney fees and costs of collection to the extent permitted by law. This Section shall be enforced in accordance with the laws of the State of California, Los Angeles County.

2. SHIPPING: InBody may ship Product in part or as a whole, at InBody’s sole discretion. Any delays in delivery caused by Purchaser may result in storage fees. For all customer service issues, the Product must be shipped in its original box. Failure to keep the original box will cost the Purchaser extra time and fees to complete repair and/or maintenance. InBody will charge you a New Box fee, which varies between InBody device models, plus shipping of box, if applicable. Shipping expenses are the responsibility of the Purchaser. In the event that the Product requires repair or maintenance, the Purchaser shall pay the shipping charges to InBody and repair charges will be subject to the status of the warranty. InBody reserves the right to withhold shipment of any Products until Purchaser’s payment is made in full. InBody shall cover the return shipping charges back to the Purchaser based on the status of warranty coverage. Per signing this Purchase Agreement, Purchaser agrees that this Product will be used within the address stated above and/or used within the United States.

3. CUSTOMER SERVICE: 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.

   1. 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.

   2. Return Policy - InBody DOES NOT accept returns. Returns are only accepted for defective units at delivery. Buyer must notify InBody within three (3) business days from the date of delivery.

   3. 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.

   4. Delivery Access Restrictions – Standard product order shipments include drop-off at the first accessible threshold (e.g. garage, warehouse, lobby, front door) only; this means that InBody carriers for standard shipments will not move shipments above or below the ground level, deliver into interior building areas other than the immediate interior of the ground-level entrance to the building, or provide any setup or unpacking services. Please also note that although InBody carriers may, as a courtesy, deliver outside of these restrictions, any such actions are strictly at your own risk, neither InBody nor InBody carriers shall be held liable for any incidental damage resulting from such courtesy activity, and you agree to hold InBody and InBody carriers harmless for any such incidental damages.

   5. Shipping Reconsignment - Reconsignment refers to any customer-requested change in the original delivery address, as specified in this Purchase Agreement, while the shipment is already in transit/has left the origin point.

      All reconsignment requests are subject to a minimum administrative fee of $300.00, and which may be adjusted as needed and reasonably determined by InBody, which covers the costs associated with carrier coordination, shipment rerouting, and internal handling. This fee may increase depending on factors such as the distance between the original and new delivery locations, carrier-specific surcharges, delays caused by rerouting, and any additional labor or documentation required.

      Reconsignment requests must be submitted in writing and are subject to InBody’s denial or approval, at its sole discretion. InBody cannot guarantee that all reconsignment requests can be accommodated, particularly if the shipment is nearing delivery or if restrictions are imposed by the carrier. Customers are encouraged to double-check delivery details at the time of order placement to avoid delays and additional costs.

      By proceeding with a reconsignment request, the customer acknowledges and accepts all applicable charges and terms associated with the reconsignment.

4. ACH PAYMENTS: Should the Purchaser utilize ACH as a method of payment, should the ACH payment be returned or rejected due to insufficient funds or incorrect account information provided by the Purchaser while Product is in transit, shipment will be terminated and the Product will be returned to InBody unless the issue is timely corrected by Purchaser. Regardless, Purchaser will be liable for any and all outstanding shipping costs, unless otherwise agreed to between the Parties. Should Product be returned and payment resolved, Purchaser will be liable for additional shipping and administrative fees, which will be added to the unpaid balance, unless otherwise agreed upon between the Parties. The Purchaser remains responsible for the outstanding balance, and subsequent payments must be made using an alternate payment method. ACH payment information will be securely stored and processed through Stripe, or another third-party payment processor. We do not have full access to Purchaser’s ACH account information, and such information will only be used to process payments agreed upon for the purchase of InBody products or services.

5. RETURN POLICY: InBody DOES NOT accept returns. Returns are only accepted for defective Products at delivery. Purchaser must notify InBody within three (3) business days from the date of delivery in order to be permitted a valid return.

6. TRADE COMPLIANCE: Purchaser is not allowed to export or be associated in any export of product(s) outside of the United States.

7. MARKETING: By entering into this Purchase Agreement, Purchaser agrees to be identified as an InBody user and Purchaser agrees that InBody may refer to Purchaser by name, trade name and trademark, if applicable, and may briefly describe Purchaser’s business in InBody’s marketing materials and website. Purchaser hereby grants InBody a fully-paid, irrevocable, perpetual, world-wide license to use Purchaser’s name and any of Purchaser’s trade names, trademarks, logos solely in connection with the rights granted to InBody pursuant to this marketing section. Purchaser further hereby opts-into any and all electronic marketing campaigns and materials, including e-mails advertising InBody’s products, provided to Purchaser by InBody until explicitly revoked by Purchaser.

8. FORCE MAJEURE: InBody shall not be held liable for any damages stemming from acts and omission beyond InBody’s reasonable control including, but not limited to, strikes, lock-outs, acts of God, war, riots, malicious damage, compliance with governmental orders, or default of suppliers or subcontractors.

9. THIRD-PARTY CLAIMS: Purchaser warrants that its performance under this Agreement will not violate any agreement or contractual right with any other person or entity and Purchaser agrees to release, indemnify, and hold harmless InBody from and against any third-party claims to the extent that such claims arise directly or indirectly from this Agreement, provided, however such release and indemnification shall not apply to any third party claims (including claims for personal injury or death) arising directly or indirectly from the design, construction, manufacturing and/or inherent defect of the Product, but not third party claims arising directly or indirectly from improper usage of or negligence regarding the Product.

10. CONNECTIVITY AND DATA TRANSFER: Both the Product and the LookinBody 120 local data management software (which may or may not be a part of your purchase) store end-user data locally. Additionally, both the Product and/or the LookinBody 120 local data management software may be enabled to connect to a cloud-data management service, provided either by InBody or a third-party entity, or another form of data management service (“Data Service”). In cases where a test is conducted and the Data Service feature has been enabled on the Product and/or the LookinBody 120 local data management software, consent and notification is provided to the end user directly from the Product; however, this will only apply to test results syncing to the LookinBody Web service provided by InBody. Transferring information to a third-party Data Service not owned or operated by InBody, and/or transferring results that were taken prior to enabling the Data Service on the Product or the LookinBody 120 local data management software will not generate a consent and notification form to the end user. It will be the Purchaser’s responsibility, and Purchaser agrees, to provide such notice and to obtain consent from end users prior to transferring any test results from the Product or the LookinBody 120 local data management software to a Data Service. Additionally, since connectivity is so important to providing full and adequate customer support service to you, you agree that you must have adequate network connectivity and that InBody shall not be liable, nor be able to assist you, for any issues resulting from or associated with failure to properly connect to a stable Internet network.

11. TESTING LOCATION: You agree to have your testing location, where Product will be located, included on the official InBody Testing Locations page found on InBody’s main website: https://inbodyusa.com/support/nearest-testing-location/

12. REGARDING RESELLERS: The following terms are applicable to Purchasers who are also authorized resellers purchasing Product for resale purposes:

    1. You understand that you, as a reseller, are responsible for collecting sales tax, if any, from your purchasers and that InBody, whether as a drop-shipper or otherwise, shall not be liable for the same.

    2. Because Biospace, Inc. is a California corporation, you agree to provide to InBody a valid reseller’s permit for the State of California, as well as adequate proof of a reseller’s permit or other valid business registration for the state or jurisdiction into which you are reselling. See the link provided: https://www.taxes.ca.gov/Sales_and_Use_Tax/ResaleCertificate.html

    3. You understand that failure to provide adequate documentation may result in failure to obtain tax exemption status for purposes of the transaction contemplated under this Purchase Agreement.

    4. Please consult with your accountant and/or tax counsel for more information.