The following general terms and conditions of sale shall form part of all agreements between inBiot and the buyer for any goods sold by inBiot to the buyer, unless otherwise agreed between both parties and in writing.
Buyer's general terms and conditions are explicitly rejected and shall be disregarded by inBiot even if such terms have been referred to by Buyer in advance in connection with a sales agreement.
The prices quoted in a confirmed order from inBiot shall apply to the products purchased by the buyer.
The prices in any offer, confirmation or agreement are based on Ex Works Logistics (EXW, latest version INCOTERMS).
All prices are quoted net and do not include any duties or taxes, which shall be paid by the buyer in the amount required by applicable law.
Payment shall be due within 30 calendar days of the invoice date.
The date of payment shall be the date on which the sum of money is received by inBiot. All payments shall be made to the account agreed with inBiot. inBiot reserves the right to request payment in advance.
All late payments shall be increased with interest at the rate of nine and a half percent (9.5%) per annum or any higher applicable legal rate, from the date on which payment is made in full. This shall not preclude any other rights that inBiot has in relation to late payments.
In the event of problems with payments in previous cases or doubts regarding the creditworthiness of the purchaser, inBiot reserves the right to request insurance or advance payment for any shipment.
The goods shall be delivered Ex Works (EXW, latest INCOTERMS version) as indicated by inBiot, unless otherwise agreed in writing. All risks and liabilities are transferred to the buyer at the time of shipment.
Shipping dates communicated by inBiot are approximate, unless explicitly mentioned.
inBiot shall make every effort to meet the communicated shipping date, provided that the Buyer provides all information sufficient for timely shipment. However, inBiot shall not be liable in the event that shipment is made within a reasonable time before or after the communicated date.
inBiot reserves the right to make partial shipments in the event that this action does not affect the buyer.
inBiot shall under no circumstances be liable for indirect costs or losses caused by delays in shipment or non-delivered products.
inBiot shall not be liable for delayed or defective products, or for any other failure to perform its obligations under these terms and conditions or any other agreement between inBiot and the buyer, provided that the event in question is due to unforeseen circumstances or causes beyond its control. This includes any strike, lockout, labour dispute, inability to obtain labour, utilities or services, enforcement of applicable laws, enemy or hostile action, sabotage, war, blockades, insurrections, riots, epidemics, nuclear and radiation activities or consequences, civil disturbances, explosions, fires or other casualties, or any other cause, whether similar or different to those mentioned above, provided that they are beyond inBiot's control. inBiot undertakes to notify the buyer as soon as possible of the event in question.
In the event of any delay, default or failure to perform any obligation, the performance of such obligation shall be suspended for a period equal to the length of such delay, unless such delay continues for more than two (2) months, in which case inBiot shall terminate the agreement in question immediately without incurring any liability.
In the event that the Buyer fails to meet its payment obligations to inBiot, or if there is reason to believe that it will not pay in part or in full, the Buyer shall be obliged to return the unpaid products to inBiot, at its own cost. The buyer undertakes to cooperate with inBiot to enable inBiot to recover the products in question.
The sale and purchase of products does not imply any transfer or licensing of intellectual property from inBiot to the buyer or vice versa.
inBiot offers a warranty service for all our products of 3 years for products sold in Spain, 2 years for products sold within the EU/UK except Spain and 1 year for those sold in US/CAN and other countries.
If, after purchasing an inBiot product, you find any defect that is the responsibility of inBiot and not due to misuse, please contact our Customer Service team at firstname.lastname@example.org and provide us with the product ID, proof of purchase, date of purchase and description of the fault. We will contact you as soon as possible to repair or replace it.
For products that are out of warranty, we will be happy to repair or replace them in accordance with the inBiot repair tariff. Please contact our Customer Service team for more information.
We do not accept returns of the product and the cost of the product.
Repair and replacement policy
Any replacement is subject to inspection by our technicians within 14 days of receipt of your return. You will receive a reply within 14 days and a replacement or repaired product will be sent to you.
To be eligible for repair or replacement of your equipment under warranty, you must present the purchase invoice. The product must be returned in its original packaging or equivalent, including accessories and other items included in the sale. Any product returned with missing components or accessories will not be subject to our warranty policy.
inBiot undertakes to use its best efforts to remedy within a reasonable time the damage caused and to replace the defective product with a functionally equivalent one. All replaced products become the property of inBiot.
inBiot reserves the right to reject any product claimed to be defective if the defect cannot be proven or if no information is provided as to how the product failed. The product will, at the customer's decision and cost, be returned in the same condition or repaired and returned subject to inBiot's repair costs.
Any repaired or replaced item will be covered by the remaining warranty of the original product.
1. Contact our Customer Service team and provide the device ID, proof of purchase,
date of purchase, description of the fault as detailed as possible and pick-up address.
2. Pack the product in its original packaging or equivalent including all components.
3. Our team will arrange collection of the device from the address provided. After repair,
will arrange for the device to be transported back to the address originally provided.
4. In the event that the fault is not attributable to inBiot, the customer shall pay
according to the rates in force at the time.
This warranty shall not apply to any product which:
1. has been amended by any party other than inBiot.
2. Has suffered an accident or misuse.
3. Damaged during installation of the product.
4. Has been damaged by the system with which the product is used.
5. Have liquid damage.
6. Has been damaged during transport to our facilities.
7. There is damage to the interface or charging connections.
8. Has been counterfeited. The warranty will only apply to products with an inBiot brand,
serial number and logo identifying it as such. inBiot will not apply the warranty
on any product that has not been manufactured by or with the permission of inBiot.
THIS EXPRESS WARRANTY IS EXCLUSIVE AND SUPERSEDES ALL OTHER WARRANTIES OR SERVICES MADE TO THE PURCHASER BY PARTIES OTHER THAN INBIOT. INBIOT AND ITS SUPPLIERS EXPRESSLY DISCLAIM ALL WARRANTIES GIVEN BY THIRD PARTIES FOR COMMERCIAL OR SPECIAL PURPOSES. FURTHER, INBIOT IS NOT RESPONSIBLE FOR THE RESULTS OF USE OR THAT THE USE THEREOF WILL BE UNINTERRUPTED OR ERROR-FREE.
REGARDLESS OF WHETHER ANY REMEDY SET FORTH HEREIN FAILS OF ITS ESSENTIAL PURPOSE OR OTHERWISE, AND EXCEPT FOR BODILY INJURY, IN NO EVENT SHALL INBIOT OR ITS SUPPLIERS BE LIABLE TO BUYER OR ANY THIRD PARTY UNDER ANY TORT, CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHER LEGAL THEORY FOR ANY COST OF PROCUREMENT OF SUBSTITUTE GOODS, SERVICES OR TECHNOLOGY, LOSS OF PROFITS, COMPUTER DAMAGE OR MALFUNCTION, BUSINESS INTERRUPTION OR ANY OTHER DIRECT OR INDIRECT OR CONSEQUENTIAL DAMAGES OF ANY KIND ARISING OUT OF THE USE OR INABILITY TO USE THE PRODUCT, EVEN IF INBIOT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGE AND WHETHER OR NOT SUCH LOSS OR DAMAGE IS FORESEEABLE.
IN NO EVENT SHALL THE AGGREGATE LIABILITY OF INBIOT AND ITS SUPPLIERS EXCEED AN AMOUNT EQUAL TO THE PURCHASE PRICE OF THE PRODUCT PAID BY THE PURCHASER THAT IS THE SUBJECT OF A CLAIM. ANY CLAIM IN CONNECTION WITH THIS AGREEMENT MUST BE SUBMITTED WITHIN THE TIME LIMITS CITED IN THE "WARRANTY" SECTION OF THIS DOCUMENT. FURTHERMORE, INBIOT DISCLAIMS ALL LIABILITY OF ANY KIND TO INBIOT'S SUPPLIERS.
The Product is not a medical device and inbiot shall not be liable for any medical claims related to the device.
The Product is not designed, manufactured or intended for use in hazardous or critical environments or in activities requiring emergency or fail-safe operation or in any other application or activity where product failure may pose the risk of environmental damage or physical injury or death to humans ("Hazardous Applications"). inBiot specifically disclaims any liability or warranty for any use of the Product by the purchaser for Hazardous Applications.
This limited warranty statement is the final and complete expression of all agreements between inBiot and Buyer with respect to the subject matter hereof, and supersedes any prior or contemporaneous agreements, proposals or other communications, oral or written, between the parties with respect to such subject matter.
INBIOT RESERVES THE RIGHT TO MAKE CHANGES TO ITS PRODUCTS WITHOUT OBLIGATION TO INCORPORATE SUCH CHANGES INTO ANY PRODUCT PREVIOUSLY MANUFACTURED.
Should any of the above clauses, in part or in full, be legally invalid, the validity of the other clauses
shall remain unaffected.