A carton of consumables at the front desk falls under two kinds of document at once. The Merz sales terms dated September 15, 2026 count the time for reporting a problem from delivery and allow 72 hours for Ultherapy DeepSEE and Ultherapy PRIME products. Manufacturer instructions name the state of a package or part that stops use, such as an open or broken cartridge package in the SkinPen Precision manual. The SkinPen, Ulthera and Thermage CPT instructions tie their checks to the moment before a part is used, while the Merz sales terms set the deadline for reporting a problem with a delivery, so you read both documents when the box arrives.
The reporting clock in the Merz terms starts at delivery
Merz's terms dated September 15, 2026 give a clinic 72 hours from delivery to report defects, damage, shortages or wrong products that a visual inspection would reveal on Ultherapy DeepSEE and Ultherapy PRIME products, after which the products count as irrevocably accepted.
The clause sits in section 4 of the Merz terms and conditions, headed "4. INSPECTION AND ACCEPTANCE.", in subsection 4(A), headed "Applicable to Ultherapy DeepSEE and Ultherapy PRIME Products" (document dated September 15, 2026; read twice on September 24, 2026). The operative words are "discoverable on a visual inspection within seventy-two (72) hours of delivery". A problem not reported inside that window leaves the products irrevocably accepted and the claim waived.
The heading decides the deadline, so read it against your invoice before you open the carton. Check that the part you ordered falls under the 4(A) heading in the version of the terms that governs your order, and note the date printed on that version next to the delivery record, because the clock and the heading both come from that one dated document. Section 3 of the same terms says that when the products are tendered to the carrier, "title and risk of loss shall pass to Customer, and delivery shall be deemed complete" (read September 23, 2026). Because that section uses the word delivery for the handover to the carrier, ask Merz in writing whether the 72 hours count from that handover or from the moment the carton reaches the clinic.
Transit damage is the clinic's claim to file under both sets of terms
Under Merz's terms a shipping damage claim goes directly to the shipping company, whose policies generally require it before the carrier leaves the delivery destination, so look at the cartons before the driver leaves.
Subsection 4(C) of the Merz terms, headed "Applicable to All Products", states that "Shipping damage claims must be made by Customer directly with the shipping company", and it points to the time "prior to the time the carrier of the Products leaves the delivery destination" (terms dated September 15, 2026; read September 24, 2026). Section 3, "3. DELIVERY AND RISK OF LOSS; LEAD TIMES.", makes delivery FOB Merz's facilities. The same section adds that "All shipments are fully insured for the benefit, and at the expense, of Customer." Subsection 4(C) adds that when a product is lost or damaged in transit, the obligation to pay continues and Merz acts as the customer's agent in the insurance claim. A crushed carton therefore becomes a claim the clinic makes, and the invoice stays due while it is settled.
The InMode US terms put the same burden on the clinic by a different trigger. The page carries the dates 2023/09/19 and 2026/07/22 (read September 24, 2026), and section II.1, "FOB Origin", moves title and control to the customer at "the moment the carrier signs the bill of lading". The same section reads "Customer assumes all risk of loss during transportation and is responsible for filing claims", and it asks the customer to insure the shipment. It covers the System and "any other items purchased".
Under either set of terms the clinic files the transit claim. Look at every outer carton while the driver is still at the door, and count the cartons against the packing list before the truck pulls away.
What SkinPen, Ulthera and Thermage CPT instructions treat as damage
The SkinPen Precision manual (PN#P5SP064.00), the Ulthera System instructions (1015107IFU Rev 05, April 2024) and the Thermage CPT technical manual (P009240-06, September 2021) each tie the decision not to use a part to a named condition of its package or of the part itself, so the delivery check can use the manufacturer's own wording.
| Instruction (number, revision, date; read September 24, 2026) | How the part is supplied | What the instruction says stops use |
|---|---|---|
| SkinPen Precision manual, PN#P5SP064.00 (identified by part number) | Needle cartridge sterilized with ethylene oxide, packaged and labeled individually | Section 7, p. 9, names a cartridge contaminated before or during installation, for example one with an "open/broken package", and says to "discard, and obtain new" |
| Ulthera System instructions, 1015107IFU Rev 05, April 2024 | Transducers packaged and shipped separately from the console and handpiece, "in ready-to-use, non-sterile pouches" (chapter 5.1) | Chapter 4.1 names "a transducer that has been damaged or is leaking fluid"; chapter 7.3.3 reads "Do not use a damaged handpiece or transducer." |
| Thermage CPT technical manual, P009240-06, September 2021 | "The Non-Sterile Treatment Tips are supplied in a clean packaging.", for use on one patient, without reuse or reprocessing (chapter 6.7) | Chapter 6.7 reads "Inspect the treatment tips for any signs of physical damage prior to treatment."; a damaged tip is not used and is replaced before treatment |
The SkinPen manual carries two more lines on damage. Section 6, p. 4, reads "Discontinue use if product appears damaged in any way.", a sentence written for the product in general rather than for the cartridge. The manual's symbol legend on p. 29 lists "Do not use if package is damaged" among its entries. The Ulthera System instructions add, in chapter 9.2, "Keep new transducers in sealed pouches until ready for use." (1015107IFU Rev 05, April 2024). The same chapter reads "Expired transducers should not be used.", and the part itself has its own page, Ultherapy transducers.
The FDA clearance K150409 for the VIVACE system (January 15, 2016) records that each micro-needle cartridge is "supplied sterile and is for single patient use only and cannot be resterilized". Chapter 4.2 of the Ulthera System instructions (Rev 05, April 2024) states that a transducer can be permanently damaged by a drop onto a hard surface or a punctured membrane, and that "Transducers damaged in this manner are not covered by warranty". If a carton that holds a transducer arrives dented, write that down in the delivery record. At the desk, look for the conditions each instruction names and describe what you see in its words, open, broken, damaged or leaking, so that the report and the manual use the same terms. For what to do with a part in that state, the instruction's own sentence is the rule. For the warranty side, see aesthetic device warranty outside the authorized channel.
Chapter 3.3.12 of the Ulthera System instructions (1015107IFU Rev 05, April 2024), under the heading "Shipping and Storage, Transducers", gives "15 to 30˚C (59 to 86˚F) Room Temperature, 15 to 95% R.H.", 500 to 1060 hPa, and protection from freezing. The -20 to 65 °C range in the same chapter sits under "Shipping and Storage, System without Transducers" and belongs to the system, not to the transducer. When a transducer arrives, ask your supplier what conditions the parcel shipped under and hold the answer against the manufacturer's figure. For storage once the delivery is checked, see batch codes, expiry dates and storage.
Match the package DI on the box to the GUDID record
Compare the device identifier printed in the UDI on the box with the package DI that the GUDID record lists for the count you ordered before you sign for the delivery, because the DI is the fixed part of the UDI that identifies the model and its labeler.
21 CFR 801.3 defines the device identifier as "A mandatory, fixed portion of a UDI that identifies the specific version or model" of a device, together with its labeler (eCFR, read September 24, 2026). Under 21 CFR 801.40(a) the UDI appears on the label in "(1) Easily readable plain-text, and (2) Automatic identification and data capture (AIDC) technology", so the digits can be read by eye even without a scanner. Section 801.30(a)(3) exempts single-use devices of one model distributed together in one package from carrying a UDI on each unit, and adds that "The device package containing these individual devices is not excepted". For a carton of single-use cartridges, the identifier to read is the one on the carton.
The GUDID record for the VIVACE Microneedle Cartridge, Version or Model "SH-TIP", shows why the count matters (record read September 24, 2026). Its "Primary DI Number" is 08800017100920. Under the "Package DI" heading the SH-TIP GUDID record lists two rows. One has "Package DI Number" 08800017100968 with "Quantity per Package" 5, the other "Package DI Number" 08800017100975 with "Quantity per Package" 10, and both give "Contains DI Package" 08800017100920 and "Package Status" In Commercial Distribution. The package DIs for five and for ten differ from each other and from the Primary DI, so comparing the carton with the wrong line produces a mismatch that is not there.
The Morpheus8 24 pin TIP record (AG613054A, INMODE M.D LTD, read September 24, 2026) shows the entry "No Package DIs found" in the same section. For that tip, the record gives the "Primary DI Number" 07290019863113, so ask InMode or your supplier which DI the carton carries before you compare. The FDA's GUDID page (content current as of 12/17/2024, read September 24, 2026) states that "GUDID does not include production identifiers (PIs), GUDID contains PI flags". A matching DI therefore ties the carton to the model, package quantity and company in the record, while lot, serial number and dates stay outside GUDID. For SkinPen, see SkinPen Precision cartridges.
What to record before you sign for the delivery
Record the delivery date and time, the DI printed on each box and the state of every package before you sign, because Merz counts its 72 hours for Ultherapy DeepSEE and Ultherapy PRIME products from delivery and InMode moves title to you when the carrier signs the bill of lading.
- The date and hour the carton reached the clinic, next to the ship date on the paperwork, because the 4(A) window in the Merz terms dated September 15, 2026 runs in hours from delivery.
- Which terms, and which dated version, cover each part on the invoice.
- The state of each outer carton and the carton count, written down while the driver is still on site.
- The state of each part's own package in the instruction's words, such as an open or broken SkinPen cartridge package, an Ulthera transducer pouch that is no longer sealed, or visible physical damage on a Thermage CPT tip.
- The DI printed in the UDI on each carton, next to the "Package DI Number" in GUDID for the quantity you ordered, and, where the record shows "No Package DIs found", the DI your supplier confirms for that carton.
- The expiration date on each Ultherapy transducer package, which chapter 7.3.3 of 1015107IFU Rev 05 tells the user to check.
- The deadline and the recipient for each finding, with transit damage under Merz 4(C) going to the shipping company.
When you send an inquiry, ask the supplier to name the terms that will cover the order and the time allowed for reporting damage on delivery, then request a quote.
FAQ
Do the 72 hours in the Merz terms apply to every Merz product?
No, the 72 hours belong to the subsection of the September 15, 2026 terms whose heading names Ultherapy DeepSEE and Ultherapy PRIME, while subsection 4(B), headed "Applicable to Non-Ultherapy Products", gives ten business days from delivery to report defects, shortages or wrong products. The consequence of missing either deadline is the same acceptance of the products. Business days and clock hours count differently across a weekend, so a clinic that buys both lines keeps two separate dates for the same delivery week.
When does the InMode warranty on consumables start?
InMode's US terms warrant consumables and accessories for thirty days counted from the date of shipment. The wording in section III.1(c) is "warranted for a period of thirty (30) days from the date of shipment", on the terms page updated 2026/07/22 and read on September 24, 2026. Keep the ship date from the paperwork beside the day the box came in, and get InMode to confirm in writing which event its terms treat as the date of shipment.
Who can look up a device in AccessGUDID?
The FDA's GUDID page says AccessGUDID is available to anyone, including patients, caregivers and health care providers, as a searchable database of device identification information. Its wording is "AccessGUDID is available for anyone, including patients, care givers, health care providers" (FDA page content current as of 12/17/2024; page read on September 24, 2026), and the database holds the device identifier from the label along with the device name and company. The FDA's separate UDI System page, dated 07/22/2022 by the FDA and read on September 24, 2026, says most device labels will include a UDI "in human- and machine-readable form", and the GUDID page lists the device identifier from the label among what AccessGUDID searches.