Warranties, Certificates and Sales Agreement

Vitality Tech Web Site Terms of Use Agreement, General Policy Conditions and Sales Agreement

The customer approves and fully understands this contract in English.

Le client accepte que ces conditions soient en langue Anglaise, les comprend et les approuve.

El cliente entiende completamente y acepta este contrato en Inglés.

You must read and agree to these terms and conditions before you may access or view this site. By visiting this site, you are agreeing to all of the terms of this agreement. This agreement is subject to change at any time, and changes are effective upon posting.  Refer to this page for any amendments/changes to the original agreement.  By using and/or viewing this site you hereby swear and affirm (represent and warrant) under penalty of perjury the following:

Eligibility Requirements: By using and/or viewing this Site, you represent and warrant that you have the right, authority, and capacity to enter into this Agreement and to abide by all of the terms and conditions of this Agreement.

That you represent and warrant that you have not and will not use and/or view this site in a restricted location - namely a place, country, or location in which doing so would, or could be deemed a violation of any law, regulation, rule, ordinance, edict or custom.

Price Policy:  We make every effort to maintain prices for the duration of a catalog, but reserve the right to make adjustments in response to manufacturers’ increases. Manufacturers reserve the right to make changes in design, specifications or fabrication in the interest of providing superior equipment without notice or obligation.

Customer’s Satisfaction, Warranty and Liability for Customers and Distributors

It is the express wish of the Customer and Vitality Tech that this Agreement and any related documents are drawn up in the English language.

Le Client et Vitality Tech confirment qu’il est de leur volonté expresse et réciproque que ce contrat et tout contrat qui s’y rattache soient rédigés en anglais.

El Cliente y Vitality Tech desean expresamente que este contrato y cualquier otro documento relacionado estén elaborados en Inglés.

Parts and Labor Warranty and Extended Parts and Labor Warranty:

Massage Equipment, Infrared Sauna Cabins and Permanent Makeup Machines Warranty: 1 year parts warranty from the manufacturer.

Medical Cosmetic Lasers Warranty: 12 to 24 month Parts and Labor Warranty (from the Manufacturer) from the date of purchase with an optional purchase of the 12 to 60 month (total of 12/24-60 month) Extended Parts and Labor Warranty.  The optional extended warranty must be purchased as soon as the machine(s) is/are received by the Buyer.  It cannot be purchased anytime after.

Vitality Tech provide equipment spare parts to the buyer up to 10 years from the manufacturers.

If you have tried a product and it is defective, we will offer you an exchange in the first 10 days. If you are willing to upgrade your equipment in the first 60 days following delivery of your equipment, we will charge you only for the difference in price between your equipment and the new one at the suggested retail price plus shipping and handling fees. We will give you the opportunity to upgrade your equipment up to 180 days after delivery of the equipment by giving you a credit corresponding to 50% of your original purchase price less delivery fees for a brand new equipment at the suggested retail price.

Vitality Tech offers 12 months labor warranty and 24 months parts warranty from the manufacturer for engineering in Asian equipment and 12 months parts warranty from the manufacturer for Engineering in Asia equipment.

Warranty will be void for any misuse, abuse or damage done to the unit or any of its components. Consumables are not guaranteed and have a limited life. Any client and/or distributor over using the consumables and not respecting the replacement time of such devices will see its warranty cancelled. Water has to be added or changed to any unit on a regular basis. Not doing so will also void the warranty. Hand pieces or crystals are NEVER under warranty.

Vitality Tech extended warranty (2^nd, 3^rd and 4^th year) for clients and/or distributors who have acquired such additional coverage will be limited only to major parts: Light source, power supply and water tank. Screen control panel, hand piece, switches, water caps, etc., may have to be replaced after a period of time due to the permanent use. Customer should be sending the unit back to Vitality Tech (at the customer’s expenses and shipping back pre-paid by the customer insured, by express delivery and with a tracking number) for a period of 1 week (7 OPEN DAYS) for full cleaning and check up once in the 1st year and twice any subsequent year.

The optional extended warranty must be purchased as soon as the machine(s) is/are received by the Buyer.  It cannot be purchased anytime after. An invoice will be sent to all customers for service renewal at the 12th month. All customers HAVE TO send by fax a meter reading of their unit each last day of the month to keep the warranty active.

Any overused unit should be upgraded to a higher model to avoid cancellation of the warranty.

To arrange for the return of your equipment, simply request a Return Materials Authorization number by faxing a copy of your invoice to 905-763-7918 or emailing at info@vitalitytech.com  Failure to submit the invoice may result in unnecessary delays. Please include a fax number so we may fax your approved return number, packaging instructions, and return address. If a fax number is not available, please supply us with your email address. Exchanges (EX-RMA’s) and Warranty Repair (WR-RMA’s) may be applied for by email at info@vitalitytech.com or by fax at 905-763-7918. For the protection of Vitality Tech, subsidiaries or affiliates, as well as the customer, full packaging instructions and correct RMA procedures must be provided and complied with to avoid damage to merchandise by improper packing. At no time and under no circumstances, a customer will be eligible for a full or partial refund. Any unit has to be sent back in its original packaging for repair.

Vitality Tech will, at its option, repair or replace defective parts that are not damaged by the purchaser and that are covered by this warranty.

As a matter of warranty policy, Vitality Tech will not refund the Buyer’s purchase price.

The abovementioned warranty does not cover of will be voided if:

• Parts of the Machine that require replacement under normal wear-and-tear use
• Damages or malfunctions caused by improper use, negligence, abuse, or use not in accordance with the owner’s manual
• Defects or damages caused by unauthorized service or the use of other than Vitality Tech Inc. authorized parts

Warranty Loaner System: This Warranty is for repair and provision of a spare machine part for the client.

Our Warranty Loaner System:

• Can be dispatched to your location in the Greater Toronto Area as soon as possible; or
• You can send us your machine(s) and we can fix it and send it back to you as soon as possible; or
• We can send you the needed part as soon as possible and with our company permission, your professional technician can fix the machine for you.

What this Warranty does not cover:

• Parts of the Machine that require replacement under normal use
• Damages or malfunctions caused by negligence, abuse, or not in accordance with the owner’s manual
• Defects or damages caused by unauthorized service or the use of other than Vitality Tech Inc. authorized parts

Further Limitations and Exclusions:

Due to different skin types and conditions, results may vary which will result in more or less treatments per patient.  Vitality Tech guarantees the performance of the equipment.  However, Vitality Tech will not be responsible for any results of treatments using any of the equipment.

The Buyer and any person assigned by the Buyer to operate the Laser and/or IPL and/or RF machine is fully responsible for any damage or injury caused to a patient during, prior or after the treatment with the Laser and/or IPL and/or RF machine(s) provided by Vitality Tech.

Any negligence, abuse or misuse by the Buyer, or the inability to follow all instructions provided in the Manuals that leads in any way, shape or form to damage or injury to the patient, will not be covered under any warranty provided by Vitality Tech.

1. Customer is required to apply for a RMA number (Returned Material Authorization), which will be issued at Vitality Tech’s sole discretion. 2. For any defective unit delivered, all items must be accompanied by the original invoice and a clear description of the problem. 3. Claims must be made maximum 5 days following delivery. 4. Restocking fees up to 50% may apply to items, which are used, abused, missing, damaged, or otherwise incomplete. If returned products are claimed to be defective, a complete written description of the nature of the defect must accompany all returned products. Items not eligible for return or sent back by the customer without an RMA number will be returned to customer, transportation collect and not accepted by Vitality Tech at the sole risk of the customer. Shipping is not refundable. Exceptions to RMA program such as Opened/Used Hand Pieces, Crystals, etc…: may not be returned, by law. Items will be repaired or replaced in accordance to manufacturer’s warranties. Before connecting the hand piece, activating the unit, adding water, unwrapping the crystals, etc…, we suggest that you check the shipping container and packing list to verify that you have received exactly what you ordered. Special Order Items: may not be returned (includes items that were modified, customized, or changed while in the custody of the customer). Textbooks/Instruction Literature, Operation Manual: may also be returned. Expired/Discontinued Items: may not be returned (articles which cannot be returned to the manufacturer).

All units have to be protected with a proper power surge device and a spike suppressor and never be plugged directly in the wall outlet in order to protect the electronic components from electrical intensity variations. All requirements from Vitality Tech or any of its distributors or subsidiaries have to be respected. Please check all requirements in the user manual. Non respect of any clause of the requirements will void the warranty at the sole responsibility of the client.

Vitality Tech warrants the customer that products purchased hereunder will conform to the applicable manufacturer’s specifications for such products.

Vitality Tech Certification Section and Conditions from the manufacturer

The Vitality Tech Client or Distributor shall comply with all Applicable Laws existing in the Territory from time to time concerning the Products and shall keep Supplier informed of any relevant changes therein. In particular but without limitation Distributor / Customer (i) shall at its own expense obtain all necessary permissions, consents and licenses to enable client or Distributor to market, sell, buy or use the Products in the Territory; (ii) shall obtain any other governmental or other permission, consent or license or make any registration necessary for the full and legal operation and performance of this Contract; (iii) shall be responsible for the management of the importation of the Products into the Territory in compliance with Applicable Laws and the payment of all applicable import duties, taxes and other charges, and shall promptly upon Supplier's request provide to Supplier copies of all documents evidencing the same. Client or Distributor acknowledges and confirms they have verified that the Products acquired comply with all Applicable Laws existing in its Territory or in any territory the client or distributor shall sell, rent or use the equipments.  The Distributor / Customer confirms that all applicable laws and regulations , including specific custom requirements or taxes in his country and including any other additional expenses, fees or any documentation have been checked prior to purchase. All equipments listed and advertised in this website and at Vitality Tech Locations are not certified for sale or use in Canada until Medical and esthetic class 2, 3 and 4 equipments receive approval and valid certification from Health Canada. 

Vitalty Tech Equipment come with the following Certificates from the manufacturer: 

• MDD – International Medical Standard
• IEC – 60601-1 – Medical Safety Standard
• ISO – 13485 – Quality Medical Production
• ISO – 9001 – Quality Management Standard
• IEI – International Quality Management Standard
• TUV / CE (ECMG)

Infrared Sauna Cabins comes with the following Certificates from the manufacturer 

Any value-added performed by Vitality Tech on its products will conform to applicable customer’s specifications relation to such work. Vitality Tech offers no other warranty, express or implied, with respect to the product. In particular, Vitality Tech offers no warranty respecting the merchantability of the product or their suitability or fitness for any particular purpose or use or respecting infringement. However, Vitality Tech will transfer to customer whatever transferable warranties and indemnities. Vitality Tech receives from the manufacturer of the product. With respect to value-added work by Vitality Tech which does not meet customer’s specifications. Vitality Tech liability is limited (at Vitality Tech election) to (1) refund of customer’s purchase price for such products without interest less transportation fees, (2) repair of such products, or (3) replacement of such product; provided, however, that such product must be returned to Vitality Tech (at Vitality Tech election), along with acceptable evidence of purchase, within ten (10) days from date of delivery, all transportation charges prepaid by Customer. Customer shall not in any event be entitled to, and Vitality Tech shall not be liable for indirect, special, incidental or consequential damages of any nature including, without being limited to, loss of profit, promotional or manufacturing expenses, overhead, injury to reputation or loss of customers. Customer’s recovery from Vitality Tech for any claim shall not exceed customer’s purchase price for the products irrespective of the nature of the claim whether in contract, tort, warranty, or otherwise.

Payment and Delivery Terms: We accept payment by bank certified checks, Bank money order, International postal money order, and bank wire transfer. If Payment is made from a foreign country, customer may inquire for the applicable rate to convert currency in Dollars. Exchange may not be daily rate since Vitality Tech is not manufacturing its inventory at the time of the current order. Total amount to be paid in full unless agreed and mentioned on the terms of the contract. Vitality Tech reserves the right to electronically retrieve NSF, Stop Pays, and other non-collectible funds from your account. Shortages surcharge apply, except when special services are requested. Puerto Rico imposes a 6.6% excise tax, which is not collected by Vitality Tech. Alaska; Hawaii & Pacific Islands customers are responsible for any applicable taxes. International customers are responsible for applicable duties and/or taxes in their country.

Financing 100% Financing for 60 Months

Delivery and Title: Vitality Tech will make reasonable efforts to initiate shipment and schedule delivery as close as possible to customer’s request delivery date(s). Customer acknowledges that delivery dates provided by Vitality Tech are estimates only and that Vitality Tech will not be liable for failure to deliver on such dates and time. We may make selection of the carrier and delivery route unless specifically designated in writing by the customer.

Subject to our right of stoppage in transit, delivery to a carrier will constitute delivery to customer, and risk of loss will thereupon pass to the customer; however, title shall remain in Vitality Tech until the customer makes payment in full for the product. Products invoiced and held by Vitality Tech at customer’s request will be held at customer’s risk and expense. Delivery of any installment of product within 4-6 weeks, if the product must be manufactured at the factory, or 1 week, if the product is located at our locations in USA or Canada,  after the date requested and order confirmed will constitute a timely delivery. Delivery of a quantity which does not vary by more than ten percent (10%) from the ordered quantity will constitute full performance of such delivery. Delay in delivery of one installment will not entitle customer to cancel that installment. Customer is responsible for all imports taxes, tariffs, levies, or fees.

The customer in addition to the purchase of the product shall pay all transportation charges from Vitality Tech Shipping premises (Free shipping to US and Canada).

Free Shipping to USA & Canada

US ORDERS: For customers from the United States, free shipping includes any States within the continental USA via FedEx or UPS ground. Free shipping will apply to the purchases of All Vitality Tech Products. Handling will be paid by the customer. USA residents will be required to pay the State Taxes. Extra charges apply for installation.

US RETURNS: If the buyer is not fully satisfied, we will accept the return of products that are in the same conditions as when delivered.  We will only provide exchange and/or credit, no refunds.  The return shipping, handling costs, customs costs, duties costs and any Taxes fees will be charged on the customer's account.

CANADIAN ORDERS: For customers from Canada, free shipping includes all Canadian Provinces via FedEx or UPS ground. Handling will be paid by the customer. Canadian residents will be required to pay G.S.T. (6%). In addition, Ontario residents will also be required to pay P.S.T. (8%). Extra charges apply for installation.

CANADIAN RETURNS: If the buyer is not fully satisfied, we will accept the return of products that are in the same conditions as when delivered.  We will only provide exchange and/or credit, no refunds.  The return shipping, handling costs, customs costs, duties costs and any Taxes fees will be charged on the customer's account. 

Extra charges apply if you require express shipping by UPS, DHL or FedEx.

Shipping and Handling for outside of Continental USA & Canadian Provinces

The customer pays for all shipping costs. All the expenses for customs, duties, taxes and handling are to be paid by the customer. All merchandise is shipped as soon as payment is received and has cleared through VITALITY TECH ’S bank account. As a courtesy, we will always notify our clients upon the date on which the merchandise is shipped and the expected arrival date. Also, once the merchandise has been shipped, an e-mail will be sent with the tracking number. VITALITY TECH uses the shipping services of UPS, FedEx or DHL. You can rest assure that your package is traceable and fully insured. However, if you would prefer a different shipping company, simply advise us and we will do our best to accommodate your needs. Extra charges apply for installation.

If the buyer is not fully satisfied, we will accept the return of products that are in the same conditions as when delivered.  We will only provide exchange and/or credit, no refunds.  The return shipping costs, any handling fees, and all expenses related to customs and duties will be charged on the customer's account.

Damage from Shipment: If you find that your shipment shows visible signs of damage on receipt, please attempt to open it in the presence of the driver. If the contents of the package are damaged due to the shipping process, make sure to document the damage on the shipping manifest. Damage due to shipping must be reported within same day of receipt. Contact us and to the shipping company immediately so that we have a record of the problem and be sure to retain all packaging materials. If possible, take a photograph of the damaged package, as this can assist in the claims process. 

As a matter of warranty policy, Vitality Tech will not refund the Buyer’s purchase price. We will only provide exchange and/or credit, no refunds.

Statements and Advice:  If statements or advice, technical or otherwise, is offered or given to customer, such statement or advice will be deemed to be given as an accommodation to customer and without charge and Vitality Tech will have no responsibilities or liabilities whatsoever for the content or use of such statements or advice.

Force Majeure: Vitality Tech will not be liable for delays in delivery or for failure to perform its obligation due to causes beyond its reasonable control, including, but not limited to, product allocations, material shortages, labor disputes, transportation delays, unforeseen circumstances, acts of God, acts or omissions of other parties, acts or omissions of civil or military authorities, government priorities, fire, strikes, floods, epidemics, quarantines restrictions, riots, or war. Vitality Tech time for delivery or performance will be extended by the period of such delay or Vitality Tech may, at its option, cancel any order or remaining part thereof without liability by giving notice to customer. Discounted equipment or on sale usually generates a very high volume of sales and may cause a delivery delay. A delivery within Sixty (60) days after payment will constitute a timely delivery.

General: The terms and conditions may not be modified or cancelled without Vitality Tech written agreement. The sale of products hereunder will be governed by the terms and conditions, notwithstanding contrary or additional terms and conditions in any purchase, planning schedule, acknowledgement, confirmation or any other form or document issued by either party effecting the purchase and/or sale of products.

Importation of products into any jurisdiction where such products are restricted or regulated is done at the risk of the customer. Customer is responsible to adhere to all local regulations regarding the purchase, use or possession of products and to hold harmless Vitality Tech for any damages (incidental or otherwise) arising from the importation, possession or use of products/information available on this web site.

Proprietary Rights in Content on site. Vitality Tech owns and retains all proprietary rights in this site which contains copyrighted material, trademarks, and other proprietary information of Vitality Tech, and its licensors. No portion of this web site is in the public domain and you may not copy, modify, publish, transmit, distribute, perform, display, or sell any such proprietary information.

You agree that you will not use any robot, spider, other automatic device, or manual process to monitor or copy our web pages or the content contained herein without our prior expressed written permission. You agree that you will not use any device, software or routine to bypass or to interfere or attempt to interfere with the proper working of the Vitality Tech site. You agree that you will not take any action that imposes an unreasonable or disproportionately large load on our infrastructure.

Copyright Policy/DMCA Notice. You may not post, distribute, or reproduce in any way any copyrighted material, trademarks, or other proprietary information without obtaining the prior written consent of the owner of such proprietary rights or otherwise have a valid basis under the law, including fair use.

This web site is hereby deemed private property (and not of public domain). Vitality Tech reserves the right to refuse the viewing of and/or usage of this web site (and/or sale of products) at their sole discretion. All photos, trademarks and information is hereby deemed property of Vitality Tech for which full rights are reserved.

Disclaimers. Vitality Tech is not responsible for any incorrect or inaccurate Content posted on the site. Vitality Tech assumes no responsibility for any error, omission, interruption, deletion, defect with the site (or information available on this site).

The Site and the products available on the site are provided ‘as is’ and Vitality Tech expressly disclaims any warranty of fitness (including both information and products) for a particular purpose or non-infringement. Vitality Tech cannot guarantee and does not promise any specific results from use of the site or products.

You agree to fully indemnify and hold Vitality Tech, its subsidiaries, affiliates, officers, agents, and other partners and employees, harmless from any loss, liability, claim, or demand, including reasonable attorney's fees, made by any third party due to or arising out of your use of the information or products available on this site in violation of this Agreement and/or arising from a breach of these Terms of Use and/or any breach of your representations and warranties set forth herein.

Limitation on Liability. Except in jurisdictions where such provisions are restricted (and in that event Liability is disclaimed to the fullest extent permitted by law), in no event will Vitality Tech be liable to you or any third person for any indirect, consequential, exemplary, incidental, special or punitive damages, including also lost profits arising from your use of information or products on this site, even if Vitality Tech has been advised of the possibility of such damages. Notwithstanding anything to the contrary contained herein, Vitality Tech Liability to you for any cause whatsoever, and regardless of the form of the action, will at all times be limited to the amount paid, if any, by you to Vitality Tech for information or products available on this site.

Disclaimer 1: International Marketplace Multi-Jurisdiction Distance Selling Parameters.  The information provided on this site is for information purposes only, and is not intended as medical advice.  Some information available on this site may be experimental (or medically unproven) in some countries, but fully validated and proven in others. Being a global supplier, it is impossible to know all of the parameters (of laws etc.) regarding medical devices (i.e. liability, restrictions, labeling, registration requirements, pre-market approval or general medical/product claims etc.) in every jurisdiction on Earth. Customer is hereby notified that they are solely responsible for adhering to all local regulations regarding the use or possession of medical devices and agrees to fully indemnify and hold harmless Vitality Tech, its owners, employees and affiliates for any and all damages arising from information or products available on this site.

Disclaimer 2: Vitality Tech does not have an official position regarding ‘permanency or efficiency’ for any products available on this site (or provided by way of this site: including but not limited to printed material sent by fax, e-mail, regular mail or private courier). Although we publish empirical evidence, clinical testing trial results, and/or medical/scientific data which may be conclusive (and/or suggestive) for ‘permanency’ of hair removal, tattoo removal, breast augmentation, etc.. Vitality Tech hereby disavows any and all claims (specific or implied) to the overall efficacy or performance of any and all products appearing on this web site. It is our company mission to fill the demands of the cosmetology industry (hair removal, tattoo removal, breast augmentation, etc.. equipments and supplies) with quality, affordable products which are user friendly. We choose our products and inventory based strictly upon popular demand (requests by our customers/potential customers). Vitality Tech publishes what is believed to be viable scientific and medical data supporting specific hair removal procedures, tattoo removal and breast augmentation procedures, etc... (involving the following spectrum of medical claims: permanent, progressively permanent, non-permanent, etc...).  These tutorial information pages outline specific procedures and/or techniques but Vitality Tech does not extend that data/information into any specific medical claims for the products available on this web site. Vitality Tech presents this data ‘as is’ and does not represent or warrant that information on this web site is accurate or current. 

By using and/or viewing this site you represent and warrant under penalty of perjury the following: You are not directly or indirectly associated with the USFTC, USPS, USFDA, USFCC, or other governing agency. You will not use information available on this site (or provided by way of this site: including but not limited to printed material sent by fax, e-mail, regular mail or private courier) in any tort or malicious manner towards the owners, affiliates or employees of Vitality Tech Tort shall be described as: Damage, injury, or a wrongful act done willfully, negligently, or in circumstances involving strict liability, but not involving breach of contract, for which a civil suit can be brought. This term of use shall specifically include: defamation, libel and/or slander towards Vitality Tech, their affiliates or employees.  If information on this site appears through message boards, on web sites, discussion forums, e-mail or any other public forum which is defamatory, malicious, or negative in nature, Vitality Tech reserves the right to forcefully remove (from the publisher/host company) any and all information which was taken from the this web site (or provided by way of this site: including but not limited to printed material sent by fax, e-mail, regular mail or private courier) in direct (or indirect) violation of the terms set herein.  This shall include third parties and all forms of public media.  Failure to abide by this term shall constitute a full acceptance of liability (involving tortuous interference, inciting mal-content/fear, and/or manipulating/altering the purchasing decision of potential/existing customers of Vitality Tech).  By accessing this site, you represent and warrant (under penalty of perjury) that you are in full agreement with these terms without limit of parameter, jurisdiction or duration.

Non-Commercial Use by Viewers. The Vitality Tech site is for the personal use of individual customers/potential customers only and may not be used in connection with any commercial (organizations, companies, and/or businesses) endeavors. Those who may not become customers (including private or public research, investigators and all other non-commerce related persons/firms/agencies) of Vitality Tech are hereby prohibited from the use of site. Illegal and/or unauthorized uses of the Site, including unauthorized framing of or linking to the site be held liable for civil penalties hereby disclosed at $1,000,000 USD per infraction (at the sole discretion of Vitality Tech).  Appropriate legal action will be taken, including without limitation, civil, criminal, and injunctive redress.  Violator will be responsible for court/investigational/attorney fees.  By accessing this site, you represent and warrant (under penalty of perjury) that you are in full agreement with these terms without limit of parameter, jurisdiction or duration.

Limitation on Liability. Except in jurisdictions where such provisions are restricted (and in that event Liability is disclaimed to the fullest extent permitted by law), in no event will Vitality Tech be liable to you or any third person for any indirect, consequential, exemplary, incidental, special or punitive damages, including also lost profits arising from your use of information or products on this site, even if Vitality Tech has been advised of the possibility of such damages. Notwithstanding anything to the contrary contained herein, Vitality Tech Liability to you for any cause whatsoever, and regardless of the form of the action, will at all times be limited to the amount paid, if any, by you to Vitality Tech for information or products available on this site.  If any provision of this Agreement is held invalid or is unenforceable in any jurisdiction, the customers purchase/transaction shall be immediately (and retro-actively) voided.