Formlabs Pro Service Plan Terms of Service
Thank you for purchasing the Formlabs Pro Service Plan (the “Plan”) for your Formlabs Form 1+ or Form 2 (the “Product”). The Plan is governed by the following agreement (the “Agreement”) between Formlabs, Inc. (“Formlabs”) and you (“Customer” or “you”).
The goal of this Plan is to help you use your Product most successfully and minimize any downtime you might have using the products you purchase from us. The Plan provides you with additional services above and beyond the limited warranty provided by Formlabs for its products. *The Plan does not extend, replace, or change the terms and conditions of Formlabs’ limited warranty that accompanies the Product. *
Eligibility and Coverage Period
At its sole discretion, Formlabs may choose to offer, extend, or renew the Plan from time-to-time and on a case-by-case basis. The Plan is offered for a specific identified Product and begins either when the Plan is purchased or when the Product is shipped by Formlabs to you, whichever is later (“Coverage Start Date”). The Plan continues, unless otherwise renewed or extended, for one year from the Coverage Start Date of the Plan (the “Coverage Period”). Customers or Products located outside of the United States (“International Plan Participants”) may be eligible for the Plan under the terms set forth below, including Section “International Coverage”.
Except for Replacement Units, as discussed below, each Plan covers a specific Product and may not be transferred to another Product or to another Customer. The Plan may not be resold and is non-transferable and non-refundable, unless the Product is returned in accordance with Formlabs Return Policy, in which case the cost of the Plan is also refundable.
Priority Customer Service
Customers under the Plan will receive priority access to Formlabs Customer Support (“Support”) during the Coverage Period. Under the Plan, Formlabs will make reasonable commercial efforts to provide a response to requests for support made by you within 5 business hours. (Business hours are 9:00 AM to 5:00 PM Eastern Time, excluding weekends and U.S. Federal holidays.) Support requests under the Plan must be made as directed at http://formlabs.com/registration-thank-you/, which may be amended from time-to-time without prior notice.
Customer Service by Phone
Customers under the Plan may contact Support via telephone with support requests (“Hotline Support”) during Formlabs Customer Support’s operating hours. Telephone numbers, operating hours, and directions may be found at http://formlabs.com/registration-thank-you/ and may be amended from time-to-time without prior notice. Formlabs is not responsible for any long distance fees or service charges you may incur by using Hotline Support. Hotline Support may be limited to calls of reasonable length and frequency.
Video Conference Appointments
In addition to telephone calls to Customer Support, Customers under the Plan may contact Support to schedule one video conference appointment during operating hours and subject to availability, to receive support (“Video Conference Appointment”). Video Conference Appointment requests should be made as directed at http://formlabs.com/registration-thank-you/, which may be amended from time-to-time without prior notice. Video Conference Appointment may be subject to change based on availability and may be limited to a reasonable length. Formlabs will initiate Video Conference Appointment by placing a video conference call within the continental United States to a video conference system provided by the Customer.
“Hot Swap” Service
A. If Support determines that repair may be needed for your Product, and that mail-in service is appropriate, Formlabs will dispatch a new or refurbished Replacement Product with the same or improved specification as your original Product. Formlabs will dispatch the Replacement Product by standard courier and will make reasonable commercial efforts to ensure that such replacements are dispatched as soon as possible.
B. Upon receipt of the Replacement Product, you must return the original Product to Formlabs with a Formlabs-issued Return Merchandise Authorization Number clearly visible on the outside of the package. The original Product must be properly packaged for shipment as instructed by Formlabs using the same packaging as the Replacement Product arrived in or the product’s original packaging.
C. If the returned Product requires repairs not covered under the limited warranty, or if the Product is no longer within the limited warranty period, you shall be responsible for the reasonable costs, including shipping, to make any out-of-warranty repairs to the returned Product, but in no event more than the full retail price of the Product. Service under this Agreement shall be suspended until any such charges are paid in full. If the original product is not returned within seven business days, Formlabs will charge you the full retail price of the Product.
D. Any Replacement Unit provided by Formlabs under the Plan shall be covered by the Plan for the remaining Coverage Period of the original Product.
International Plan Participants taking advantage of the “Hot Swap” Service may be required to pay in advance for the reasonable costs of shipment of Products to and from Formlabs’ U.S. or international repair facilities, including any duties, taxes, or related fees.
Formlabs, at its sole discretion, may terminate this Agreement and refuse to provide further services under the Plan for abusive, inappropriate, or unreasonable behavior; failure to comply with Formlabs’ published policies and procedures; or failure to pay outstanding charges due under this Agreement. In the event that Formlabs terminates your participation in the Plan, Formlabs may provide you with a prorated refund at its sole discretion.
Disclaimers and Limitations on Liability
A. TO THE EXTENT PERMITTED BY LAW, FORMLABS SHALL NOT RESPONSIBLE FOR DIRECT, INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES RESULTING FROM ANY BREACH OR CONDITION OR ANY OTHER REASON, OR UNDER ANY OTHER LEGAL THEORY, INCLUDING BUT NOT LIMITED TO LOSS OF USE; LOSS OF REVENUE; LOSS OF ACTUAL OR ANTICIPATED PROFITS (INCLUDING LOSS OF PROFITS ON CONTRACTS); LOSS OF THE USE OF MONEY; LOSS OF ANTICIPATED SAVINGS; LOSS OF BUSINESS; LOSS OF OPPORTUNITY; LOSS OF GOODWILL; LOSS OF REPUTATION; LOSS OF, DAMAGE TO, COMPROMISE, OR CORRUPTION OF DATA; OR ANY INDIRECT OR CONSEQUENTIAL LOSS OR DAMAGE HOWSOEVER CAUSED, INCLUDING THE REPLACEMENT OF EQUIPMENT AND PROPERTY, ANY COSTS OF RECOVERING, PROGRAMMING, OR REPRODUCING ANY PROGRAM OR DATA STORED OR USED WITH FORMLABS PRODUCTS AND ANY FAILURE TO MAINTAIN THE CONFIDENTIALITY OF DATA STORED ON THE PRODUCT. TO THE MAXIMUM EXTENT PERMITTED BY LAW, FORMLABS’ AGGREGATE CUMULATIVE LIABILITY HEREUNDER SHALL NOT EXCEED THE GREATER OF FIFTY DOLLARS ($50.00) OR THE AMOUNT PAID BY YOU FOR THE PRODUCT THAT CAUSED SUCH DAMAGE.
B. THE FOREGOING LIMITATION SHALL NOT APPLY TO DEATH OR PERSONAL INJURY CLAIMS, OR ANY STATUTORY LIABILITY FOR INTENTIONAL AND GROSS NEGLIGENT ACTS AND/OR OMISSIONS. SOME STATES, COUNTRIES, AND PROVINCES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.SOME COUNTRIES, REGIONS, STATES OR PROVINCES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF REMEDIES OR OF INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES, OR THE APPLICABLE TIME PERIODS, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY. EXCEPT TO THE EXTENT LAWFULLY PERMITTED, THE PLAN DOES NOT EXCLUDE, RESTRICT OR MODIFY STATUTORY RIGHTS APPLICABLE TO WHERE THE PRODUCT IS SOLD BUT, RATHER, IS IN ADDITION TO THESE RIGHTS.
C. Force Majeure. Formlabs shall not be liable for any failure of or delay in the performance of this Agreement for the period that such failure or delay is due to causes beyond its reasonable control, including but not limited to acts of God, war, strikes or labor disputes, embargoes, government orders or any other force majeure event.
Enforcement and Entire Agreement
This Agreement shall be governed by the laws of the State of Massachusetts, without regard to Massachusetts’ conflict of laws rules. Any controversy or claim arising out of or relating to this contract, or the breach thereof, shall be settled by arbitration administered by the American Arbitration Association under its Commercial Arbitration Rules, and judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. In the event that any provision of this Agreement conflicts with governing law or if any provision is held to be null, void or otherwise ineffective or invalid by a court of competent jurisdiction, (a) such provision shall be deemed to be restated to reflect as nearly as possible the original intentions of the parties in accordance with applicable law, and (b) the remaining terms, provisions, covenants and restrictions of this Agreement shall remain in full force and effect. No waiver or any breach of any provision of this Agreement shall constitute a waiver of any prior, concurrent or subsequent breach of the same or any other provisions hereof, and no waiver shall be effective unless made in writing and signed by an authorized representative of the waiving party. This Agreement and all expressly referenced documents constitute the entire agreement between the parties with respect to the subject matter hereof and supersedes all prior and contemporaneous agreements or communications, including any reseller or similar agreements previously executed by the parties.