1. Definitions

​DEFINITIONS​ ​–​ ​For​ ​the​ ​purpose​ ​of​ ​this​ ​Warranty document,​ ​the​ ​following​ ​terms​ ​shall​ ​have​ ​the​ ​following meanings:​ ​

1.1 Distributor or Seller: Profitwise LLC, as identified at the end of this document.

1.2 Equipment: The warranty covers any Rebalanse product or system and any product sold by the Distributor, provided it is not already covered by the manufacturer’s warranty.

1.3 Customer: The residential end-user, the original purchaser from the Distributor or its agents.

1.4 Commencement Date: The date of the first purchase by a Customer from the Distributor or an agent.

1.5 Agent: Any resellers or service providers authorized by the Distributor to resell its products or render services on its Equipment. 

1.6 Service Period: A one (1) year period from the delivery date.

2. Coverage

The coverage includes the following:

2.1 Defective Parts: Repair or replacement of any defective parts or components within the Equipment.

2.2 Structural Components: Repair or replacement of the frame, motor, and any essential structural elements of the Equipment.

2.3 Mechanical Components: Repair or replacement of the mechanical parts responsible for the functionality of the Equipment, such as rollers, airbags, and motors.

2.4 Electronics: Repair or replacement of electronic components, control panels, and other electrical parts.

2.5 Workmanship: Repair or replacement of parts affected by workmanship issues, such as defects in stitching, misaligned components, incomplete assembly, structural defects, electrical malfunctions, material flaws.

3. What is Not Covered

3.1 The warranty explicitly excludes losses or damages resulting from incorrect installation, unauthorized repairs, alterations, deviations from the original condition, improper use of electrical/power supply, power loss, electrical disruptions, power surges, accidental drops, malfunctions, or damage arising from improper usage or maintenance, failure to adhere to operating instructions, transportation damage, pet-related damage, theft, abuse, misuse, neglect, vandalism, or environmental factors.

3.2 Additionally, the warranty does not cover incidental or consequential damages, misuse, unauthorized repairs or modifications, failure to follow instructions, damages from environmental factors, commercial use, normal wear and tear, and the use of third-party accessories not approved by the manufacturer.

3.3 Loss of use during repair, shipping/handling damage, and products from unauthorized dealers are also excluded from warranty coverage.

4. Warranty Claim Guidelines and Realistic Expectations 

This provision is specific to massage chairs covered by the warranty but can be extended to apply to other types of Equipment.

4.1 Chair Functionality – The massage chair operates using preset automatic programs or in a manual mode. It is essential to note that there may exist variations between a user’s expectations, as derived from the chair’s description, and the actual experience in the chair. A chair is considered to be in working condition as long as it functions in the same manner as other units of the same kind. It is imperative to understand that a chair cannot operate beyond its programmed functionalities, regardless of user preferences, needs, or conditions.

4.2 Massage Intensity and User Sensitivity – The intensity of massage mechanisms and airbags varies for each chair model. Additionally, each user may perceive the massage differently based on body shape, personal sensitivities, or even medical conditions. To address these individual differences, we strongly recommend users to test the chair before making a purchase.

4.3 Massage Visualization – The visual representation of the massage on the screen, tablet, or remote controller is an approximation of the area where the massage devices are active, not a precise body sensor. This information serves as a general guide for all users, with variations expected based on different body shapes and postures.

4.4 Warranty Claim Criteria – Please be aware that warranty claims will only be deemed valid for significant deviations in the chair’s performance compared to other units of the same kind. We do not accept warranty claims based on personal opinions or feelings about the chair’s operation. It is essential to differentiate between personal preferences and genuine functional issues when submitting warranty claims.

5. Warranty Claim Process

5.1 Proof of Purchase: As the original purchaser, you are required to furnish dated proof of purchase and Equipment identification (eg: serial number).

5.2 Submit Claim Request: Utilize the email address provided at the end of this document. Ensure you provide a valid email address and phone number for communication purposes.

5.3 Receive Claim Form Registration Number: Expect to receive a claim registration number within 2 business days, accompanied by an email notification. If not received, contact the Seller for manual verification of your claim form.

5.4 Coordinate Defective Unit Inspection: Work with the Seller to facilitate the Equipment reported as Defective inspected, as detailed in this document.

5.5 Service Location: The Equipment will either be serviced on-site or shipped to the Seller’s designated service center.

5.6 Equipment Return: Once the repaired Equipment is operational, it will be returned to the Customer’s location. In case of any recurrent issues, restart the process.

6. Timing

6.1 The Seller is dedicated to repairing or replacing defective parts of the Equipment throughout the Service Period.

6.2 Repair endeavors are targeted to finish within 30 days, although this duration may extend in cases of part unavailability, resulting in an extension of the warranty period equivalent to the repair time.

6.3 Any delays caused by the Customer will not be considered an extension of the Service Period.

6.4 If the Service Period has elapsed, the Customer may have the Equipment covered by an existing alternative protection plan or extended warranty.

6.5 The Seller commits to responding to reports and communications within 2 business days.

7. Claim Validation

7.1 To validate a claim, it is imperative to undergo an inspection of the Equipment, specifically the Defective Unit Inspection.

7.2  A meticulous inspection by an authorized representative of the Seller is the sole method for determining a defective unit, ensuring an objective technical evaluation beyond Customer assertions. Third-party reports or opinions of people/organizations hired by the Customer are not taken into consideration in this process.

7.3 One or more inspections, as reasonably deemed necessary by the Seller, may be performed on site or remotely through video conferencing. At times, the Customer may be requested to provide pictures or videos depicting the reported defective behavior.

7.4 After the Equipment inspection, the Seller will validate or reject the claim and inform the Customer by email. 

8. Defective Unit Inspection

8.1 Access and Inspection Agreement. The buyer agrees to permit Seller’s authorized representative or service agent visits during regular business hours, allowing unrestricted access to the location where the massage chair is installed and connected to the required electrical outlet.

8.2 Remote Inspection Options. Inspections may be performed remotely through video conferencing, or the Customer may be requested to provide pictures or videos depicting the reported defective behavior.

8.3 The Seller reserves the right not to conduct assessments solely remotely and may opt for on-site inspections when deemed necessary. 

8.4 When on-site evaluation by a Seller’s service agent is required, and the Equipment is located more than 100 miles away from the Seller’s or its available agent’s locations, the Customer is responsible for shipping the Equipment to a designated service location. 

8.5 On site inspections will only be conducted in the presence of the Customer. Any other third parties designated by the Customer may be present only with the approval of the authorized service agent.

8.6 If the customer is not present at the location during regular business hours or is unable to facilitate a remote inspection, they can choose to ship the equipment to the service location provided by the seller at their own expense.

9. Shipping

9.1 To facilitate the process of shipping the equipment for inspection, repair, or replacement, the Customer must pack it securely. Use the original packaging if available. If it is not accessible, choose a box and covers of similar size and quality that provide adequate protection during transit.

9.2 Losses resulting from shipping or handling damage due to improper handling or packaging are excluded from warranty coverage.

9.3 Unless there is a validated claim by the Seller that necessitates the equipment to be shipped to the service center, the Customer will be responsible for the associated shipping and handling costs.

9.4 For validated claims after the inspection at the Service Center, the Seller will reimburse the Customer for the shipping costs incurred, with reimbursement capped at 20% above the prevailing average shipping costs for the same equipment on the same route. The Customer must ensure that the shipping expenses are properly documented for reimbursement.

9.5 If the Seller coordinates the shipping, the Customer is responsible for ensuring the equipment is ready for loading during the agreed-upon time interval and granting the necessary access to the shipping company. Additional expenses resulting from non-compliance will be supported by the Customer.

9.6 The Seller will cover the expenses associated with shipping replacement units, parts, or any other costs incurred for the repair or replacement of the equipment, provided that the claim is valid.

10. Limitations and Obligations

10.1 The Seller’s maximum liability is confined to the repair or replacement of defective equipment. Incidental or consequential damages are expressly waived. Warranty coverage does not extend beyond the specified service period.

10.2 Unavailable Part Replacement. In the event that a specific part is unavailable, the Seller is committed to making every effort to identify a compatible replacement part. If the Seller is unable to locate a compatible part, it reserves the right to substitute the serviced Equipment with either the same or a similar model, considering a comparable wear level. 

10.3 The Customer is responsible for adhering to the terms outlined in the User’s Manual, including maintaining and operating the chair, using a surge protector, promptly reporting issues, refraining from tampering with or modifying the chair, being available for service calls, conducting remote diagnostics as requested, and safely returning any shipped replacement parts.

10.4 The Seller is obligated to make every effort to address reported warranty claims and resolve existing issues promptly.

11. Assignable Costs

11.1 The Seller will bear all the costs associated with processing warranty claim requests. 

11.2 The Seller will cover the expenses related to both remote and on-site inspections, as well as the shipping of defective equipment or replacement units for claims considered valid by the Seller.

11.3  For reported issues that cannot be duplicated or verified, or when they align with the chair’s normal functioning, the Customer will incur a fee of $75 per work hour in 1-hour increments. Additionally, the Customer will be responsible for the cost of trips made by the authorized representative from the workplace to the equipment location, based on the current yearly IRS mileage rate.

11.4 If damages occur to the equipment during the inspection or repair process due to the Customer’s failure to follow proper packaging and shipping instructions, the seller reserves the right to pass on any additional costs incurred as a result of the Customer’s negligence.

11.5 The Customer accepts responsibility for any costs the Seller incurs due to the Customer’s unavailability, delayed responses, incomplete or inaccurate reporting, or any actions made in bad faith during the warranty process. These costs encompass a fee of $75 per work hour for the seller’s authorized personnel and may involve rescheduling fees, extended service periods, and other directly related expenses. The Customer acknowledges and agrees to promptly reimburse the seller for these additional costs upon receipt of an invoice itemizing such expenditures.

11.6 The Customer is required to provide an upfront payment method for any assignable costs, with the exception of claims validated by the Seller, which will be borne by the Seller.

12. DISCLAIMER OF WARRANTY

THE GOODS SOLD AND SERVICES RENDERED TO THE CUSTOMERS ARE SOLD “AS IS”. THE SELLER MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, THE MERCHANTABILITY AND FITNESS OF A PRODUCT FOR A PARTICULAR PURPOSE, AND ANY OTHER OBLIGATIONS OR LIABILITY ON ITS PART, NOR WILL THE SELLER BE SUBJECT TO AND DISCLAIMS ANY OBLIGATIONS WHATSOEVER ARISING OUT OF TORT CLAIMS OR ARISING UNDER THEORIES OF LAW. 

UNDER NO CIRCUMSTANCES WILL THE SELLER BE LIABLE FOR ANY LOSS, DAMAGE, EXPENSE, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY KIND ARISING IN CONNECTION WITH THE USE, OR THE INABILITY TO USE, THE GOODS SOLD. FOR ANY BREACH OF THIS AGREEMENT, THE BUYER AGREES TO BE LIMITED TO THE REPAIR, REPLACEMENT OF THE GOODS, OR THE REFUND OF THE PURCHASE PRICE AT THE SELLERS OPTION AS THE EXCLUSIVE REMEDY.  

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

13. DISCLAIMER OF LIABILITY

THE SELLER, ITS OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, DISTRIBUTORS, AFFILIATES, SUBSIDIARIES, AGENTS, OR REPRESENTATIVES SHALL NOT BE LIABLE TO ANY PARTY FOR ANY DIRECT, INDIRECT, SPECIAL, PUNITIVE, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, OR ANY OTHER DAMAGES WHATSOEVER, ARISING FROM OR RELATING TO THE USE OF OR INABILITY TO USE THIS EQUIPMENT OR OTHERWISE RELATING HERETO. THIS INCLUDES DAMAGES REGARDLESS OF WHETHER THEY ARE FORESEEABLE OR IF THE SELLER WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

14. Arbitration clause

14.1 Any dispute, claim or controversy arising out of or relating to this Agreement or the breach, termination, enforcement, interpretation or validity thereof, including the determination of the scope or applicability of this agreement to arbitrate, shall be determined by arbitration in Florida before one arbitrator. The arbitration shall be administered by JAMS pursuant to its Comprehensive Arbitration Rules and Procedures and in accordance with the Expedited Procedures in those Rules.

14.2 Judgment on the Award may be entered in any court having jurisdiction. This clause shall not preclude parties from seeking provisional remedies in aid of arbitration from a court of appropriate jurisdiction.

Identification

Please address all communication to:

Profitwise LLC (DBA Massage Chairs 360)

Email: warrantyATmassagechairs360DOTcom

Phone: +1 (561) 571-0070