Formlabs Fuse 1 and Fuse Sift Service Plan Terms
Last updated March 3, 2021
The Fuse 1 and Fuse Sift Service Plans (the “Service Plan”) is governed by the following agreement (the “Agreement”) between Formlabs Inc. (“we,” “us,” or “Formlabs”) and you (“Customer” or “you”). The Service Plan provides coverage to Fuse 1 printers or Fuse Sift accessories (the “Products”).
The goal of this Service Plan is to help you use your Product most effectively and minimize any downtime you might have using the products you purchase from us. The Service Plan provides you with additional services beyond the limited warranty that Formlabs provides for its products. The Service Plan does not extend, replace, or change the terms and conditions of Formlabs’ limited warranty that accompanies the Product.
Eligibility and Coverage Period
The Service Plan is only offered for specific identified Product(s) listed in your final quote from Formlabs (“Quote”) that are either new, unused, untampered, or within 30 days of being shipped directly from the manufacturer or a certified Reseller, or manufacturer certified (“Covered Product(s)”) and begins either when the Service Plan is purchased or when we ship the Covered Product to you, whichever is later (“Coverage Start Date”). Customer will be billed at Formlabs’ then-applicable standard rates for time and materials, and for reasonable travel and living expenses, in order to certify used Products. The Service Plan continues for the period noted in the Quote, unless otherwise renewed, extended, terminated, or cancelled pursuant to this Agreement. Customers and Products must be located within our shipping zones, as listed at formlabs.com/support/shipping/, to maintain Coverage unless otherwise expressly agreed to in writing. Customers or Products located outside of the United States and Canada (“International Service Plan Participants”) may be eligible for the Service Plan under the terms set forth in this Agreement, including those in the “International Coverage” Section below.
Each Service Plan covers a specific Covered Product or Products and may not be transferred to other Products or Customers. The Service Plan may not be resold and is non-transferable and non-refundable, other than as may be provided for herein or in connection with Formlabs-approved substitution or equipment replacement.
From time to time, and at its sole discretion without Customer consent, Formlabs may designate a third party, who is not a Formlabs employee or company representative, to fulfill its obligations under this Service Plan in whole or in part.
Service Team and Plans
Customers under the Service Plan have access to the Formlabs Certified SLS Technicians and Service Team (the “Service Team”) during the Coverage Period. The Service Team will provide the Services included in your Service Plan as set forth below, depending on the tier of the plan (“Standard” or “Premium”) identified in the Quote:
Customized On-Site Training
$1,200 per On-Site Service Visit
Description of Services:
Training. A member of the Service Team will conduct an on-boarding training session. Depending on the Service Plan selected, the training session will either be in Remote Training or Customized On-Site Training. This session can be used for product set-up, orientation, training, Q&A, and print support. Training is subject to additional terms in this Agreement, including Training and Recording.
Extended Product Coverage. Formlabs Extended Product Coverage includes the following:
Worry-Free Coverage. Subject to additional limitations in this Agreement, the Service Plan includes coverage of repair costs including component or system replacements due to normal wear and tear during the term.
User-Replaceable Parts. In some cases for repair or maintenance, Formlabs will provide a User-Replaceable Part by sending you a new or reconditioned customer-installable replacement part to enable you to service your Fuse 1 or Fuse Sift. When providing User-Replaceable Parts requiring the return of the original part, Formlabs may require a credit card authorization as security for the retail price of the replacement part and applicable shipping costs. If you follow instructions and return the original part, Formlabs will cancel the credit card authorization, and you will not be charged for the User-Replaceable Part and shipping costs. If the original Product is not returned within fourteen (14) business days, Formlabs will charge the credit card for the full authorized amount.
Direct Phone and Email Support. The Service Team will provide, email, or phone support to help resolve issues. Services may be provided by Formlabs or by a designated service center which may change from time. Under the Service Plan, Formlabs will make reasonable commercial efforts to provide a response to requests for support made by you within one (1) business day. Business hours are generally standard hours in your locality, excluding weekends and locally recognized holidays.
Annual Preventative Checkup. All active Service Plans will include one annual on-site maintenance visit to perform routine maintenance by a Service Team Member. Annual Preventative Checkup may, at Formlabs’ discretion, overlap with an On-Site Service Visit.
On-Site Service Visit. From time to time Products may require on-site repair or maintenance services. The need and nature of such Services are determined by Formlabs in their sole discretion and may be limited to a reasonable number of On-Site Service Events per term. On-Site Service Visits includes up to one (1) full business day of repair or maintenance services. Formlabs reserves the right to charge for any On-Site Service Visit requested for the repair/replacement of a User-Replaceable Part. On-Site Repair or Maintenance Services are subject to additional terms in this Agreement.
Maintenance Documentation. The Service Team is able to provide detailed troubleshooting documentation for advanced Fuse 1 or Fuse Sift maintenance, diagnosis, and repair procedures as available.
On-Site Service Visits and Annual Preventative Checkups
If Customer has purchased a Service Plan that includes On-Site Service Visits, then, upon Customer’s reasonable request in writing, Formlabs will use its commercially reasonable efforts promptly to dispatch a member or members of the Service Team to the Customer’s location during normal business hours. If Customer requires On-Site Service but has not purchased a Service Plan that includes On-Site Service, then, upon Customer’s request and subject to payment of Formlabs standard fees, Formlabs will use commercially reasonable efforts to dispatch a member or members of the Service Team to the Customer’s location within a timeframe to be determined by Formlabs based upon the availability of resources. In such cases, Customer will be billed at Formlabs’ then-applicable standard rates for time and materials, and for reasonable travel and living expenses, unless the on-site visit is included in the Annual Preventative Checkup. In either case, provision of on-site support is subject to the following:
Customer acknowledges that Formlabs, at its sole discretion, intends to subcontract to affiliates or third parties for the performance of On-Site Repair or Maintenance Services, in which case such subcontractor shall be directly and primarily liable to Customer for performance of such subcontracted services.
Customer must maintain the Covered Products in a safe, clean, ventilated room, and the temperature and humidity shall be maintained within the Covered Product’s specifications for operating ranges.
Customer must provide the Service Team with a primary person of contact at the site of the repair or service who is capable and will assist with all reasonable requests related to the repair or service of the Covered Products. The primary person of contact will make all reasonable efforts to support and cooperate with Formlabs or the Service Team in resolving the problem remotely, for example, starting and executing self-tests or diagnostic programs, providing all necessary information, or performing basic remedial activities upon Formlabs’ request.
Customer must promptly advise Formlabs and the Service Team of any significant Product malfunction, regardless of the cause.
Formlabs may limit On-Site Repair or Maintenance Services to Covered Products.
Formlabs may limit the amount of On-Site Repair or Maintenance Services to a reasonable number of On-Site Service Events per Term.
Formlabs reserves the right to charge for any On-Site Repair or Maintenance visit requested for the repair/replacement of a User-Replaceable Part.
On-Site Repair or Maintenance Services attributable to unauthorized attempts by Customer to repair or maintain the Covered Product, fault or negligence of Customer, improper use or misuse of the Covered Product by Customer, causes external to the Covered Product (such as, but not limited to, power failure, improper location and environs as specified in the product manual, abnormal power fluctuations, accident, casualty or neglect) or other performance-affecting events not caused by Formlabs which are outside Formlabs’ standard maintenance responsibilities, will be chargeable at then-applicable standard rates for time and materials.
Costs and Payment
Other than as expressly stated below, the Service Plan includes coverage of repair costs including component or system replacements due to normal wear and tear during the term.
The Service Plan does not cover damage as a result of failure to follow packaging instructions, use in violation of the Formlabs limited Warranty including modifications that affect our ability to repair, or abuse of the equipment. The Service Plan does not cover the build chamber for the Fuse 1 and Fuse Sift. In the event the repair costs are not covered you shall be responsible for the reasonable costs, including shipping or travel for on-site repairs, to make any out-of-Service Plan 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. The Customer shall pay all balances due within 30 days of the invoice, unless otherwise specified. All payments for the Service Plan are due at the beginning of the Term. Time for payment is of the essence for the contract. All payments are non-refundable. Customer may not set off any amounts due.
Coverage of Replacement Products
Any replacement Product provided by Formlabs under the Service Plan shall be covered by the Service Plan for the remaining Coverage Period of the original Product.
International Coverage Outside Formlabs Shipping Zones
Unless otherwise expressly agreed to in writing, this Service Plan is not available to Customers and Products outside of our shipping zones as listed at formlabs.com/support/shipping/.
Formlabs, at its sole discretion, may terminate this Agreement and refuse to provide further services under the Service Plan for failure to maintain eligibility for the Service Plan as well as for abusive, inappropriate, or unreasonable behavior; failure to comply with Formlabs’ published policies and procedures; failure to pay outstanding charges due under this Agreement; or breach of any of the terms in the Service Plan or another agreement between Customer and Formlabs. In the event that Formlabs terminates your participation in the Service 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 BE 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. FORMLABS SHALL NOT BE RESPONSIBLE FOR FAILURE TO PROVIDE ON-SITE SERVICE HEREUNDER: (1) AT LOCATIONS DEEMED HAZARDOUS TO THE HEALTH OR SAFETY OF FORMLAB'S EMPLOYEES OR REPRESENTATIVES OR (ii) WHERE SUCH FAILURE RESULTS FROM CAUSES BEYOND THE REASONABLE CONTROL OF FORMLABS, INCLUDING BUT NOT LIMITED TO ACTION OR INACTION OF THE CUSTOMER, ACTS OF GOD, ACTS OF GOVERNMENT, PANDEMICS OR EPIDEMICS, STRIKES OR LABOR DISPUTES (OTHER THAN BY COMPANY'S OWN EMPLOYEES), FAILURE OF TRANSPORTATION, FIRE, FLOOD OR OTHER CASUALTY, AND FAILURE OF SUBCONTRACTORS OR SUPPLIERS. FORMLABS SHALL NOT BE RESPONSIBLE FOR THE ACTIONS OR OMISSIONS OF SUBCONTRACTED AND THIRD PARTY SERVICE TEAM MEMBERS.
C. 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 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 TO YOU. EXCEPT TO THE EXTENT LAWFULLY PERMITTED, THE SERVICE PLAN DOES NOT EXCLUDE, RESTRICT OR MODIFY STATUTORY RIGHTS APPLICABLE TO WHERE THE PRODUCT IS SOLD BUT, RATHER, IS IN ADDITION TO THESE RIGHTS.
D. 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, pandemic, war, strikes or labor disputes, embargoes, government orders or any other force majeure event.
Enforcement and Entire Agreement
Where possible, this Agreement shall be governed by the laws of the Commonwealth 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.
Training and Recording
Remote Training sessions may be recorded. Formlabs will use the recordings for internal training purposes only. Each party (i) consents to the recording of Trainings; (ii) agrees to obtain any necessary consent and give notice of such recording to personnel. At your request, and if available, Formlabs will send you a copy of the recorded training. You agree to use the recording for your internal training purposes only, and agree not to sell, transfer, license, or otherwise disclose the recording to the public.
For Plan Participants in the EU Economic Area (EUEA)
Where the terms specific to the EUEA below conflict with the Service Plan terms listed above, the terms specific to the EUEA shall prevail.
Repair and Replacement Services
If during the initial warranty term, no replacement unit is available, Formlabs will repair the Covered Product in accordance with the statutory warranty rights and terms and conditions of Formlabs’ limited warranty that accompanies the Covered Product.
In case one of the above mentioned services is subject to availability, Formlabs will inform you immediately if a requested service is not available and will reimburse you accordingly if you have already paid for the service.
Contact partner for questions regarding this contract in the EUEA is:
Sven Haus, Services EU Lead, [email protected], Formlabs Services
Formlabs shall not be liable (on whatever legal grounds) for damages which may not reasonably be foreseen, assuming a normal use of the product. Furthermore, Formlabs liability shall be excluded for damages resulting from a loss of data if their recovery is not possible or impeded due to a failure to perform appropriate data back-up procedures. The foregoing limitations of liability shall not apply in cases of wilful misconduct or gross negligence or in case of a violation of substantial contractual obligations by Formlabs.
The provisions of this Section shall not apply with respect to our liability for guaranteed product specifications (within the meaning of Sec. 444 of the German Civil Code), personal injury or under the German Product Liability Act.
The Customer’s right to terminate without notice for good cause remains unaffected.
Enforcement and Entire Agreement
Any contracts entered into between Formlabs and an EUEA Customer shall be governed by the laws of the Federal Republic of Germany under exclusion of the UN Convention on the International Sale of Goods (CISG), without prejudice to any mandatory conflict of laws provisions.
If the Customer is a corporation, limited liability company or commercial partnership or otherwise operates a commercial business (Kaufmann within the meaning of Sec. 1 (1) of the German Commercial Code) or is a legal entity or special fund organized under public law, the courts in Berlin shall have exclusive jurisdiction in respect of all disputes arising out of or in connection with the relevant contract. In all other cases, Formlabs or the Customer may file suit before any court of competent jurisdiction under applicable law.