Formlabs Professional Service Plan, Dental Professional Service Plan, and Medical Professional Service Plan Terms of Service
Last updated October 22, 2020
Thank you for purchasing the Formlabs Professional Service Plan (“PSP”), the Formlabs Dental Professional Service Plan (“DPSP”), or the Formlabs Medical Professional Service Plan (“MPSP”) (collectively the “Plan” or “Plans”) for your Formlabs Form 2, Form 3, Form 3L, Form 3B, or Form 3BL (the “Product”). The Plans are governed by the following agreement (the “Agreement”) between Formlabs Inc. (“Formlabs”) and you (“Customer” or “you”). Dental Professional Service Plan and Medical Professional Service Plan are specific versions of our Professional Service Plan available for an additional fee and include all the features specified for PSP as well as the features listed below.
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 or the terms and conditions of Formlabs’ Extended Warranty that may be purchased.
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 for one or two years from the Coverage Start Date, depending on the Plan purchased, unless otherwise renewed or extended (the “Coverage Period”). Customers or Products located outside of the United States and Canada (“International Plan Participants”) may be eligible for the Plan under the terms set forth in this Agreement, including those in the “International Coverage” Section below.
Except for Replacement Products, 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. Customers purchasing DPSP or MPSP will have exclusive access to our Dental or Medical Expert Support team to provide targeted, solution-oriented support. Under the Plan, Formlabs will make reasonable commercial efforts to provide a response to requests for support made by you within five business hours. Business hours are 9:00 AM to 6:00 PM Eastern Time, excluding weekends and U.S. Federal holidays. Support requests under the Plan must be made as directed at https://support.formlabs.com/s/contact-support?language=en_US using your registered email.
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. RECORDED LINE telephone numbers, operating hours, and directions may be found at formlabs.com/psp/contact/ which may be amended from time-to-time without prior notice. Formlabs is not responsible for any international or 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. Where possible, Customers under DPSP will be routed to our Dental Expert Support team and Customers under MPSP will be routed to our Medical Expert Support team.
Video Conference Appointments
In addition to telephone calls to Customer Support, Customers under the Plan may contact Support to schedule one thirty minute video conference appointment during operating hours and subject to availability, to receive support (“Video Conference Appointment”). Customers purchasing DPSP and MPSP are entitled to a Video Conference Appointment up to ninety minutes OR DPSP and MPSP Customers may elect to attend an In-Person Training Seminar at our office in Somerville, Massachusetts.
Video Conference Appointment requests should be made as directed at formlabs.com/psp/training/ or for DPSP Customers at dental.formlabs.com/services/training, which may be amended from time-to-time without prior notice. Customers who purchase the MPSP will automatically receive an email containing a link to sign up for a Video Conference Appointment. Formlabs will initiate Video Conference Appointments by placing a video conference call using a video conference system.
In-Person Training Seminars are limited to one attendee per DPSP Customer and will be conducted in groups of up to ten DPSP Customers. Seminars with fewer than four participants will be rescheduled. To schedule your In-Person Training Seminar visit dental.formlabs.com/services/training/. Customers are responsible for all travel, lodging, and expenses related to Seminar attendance.
In-Person Training Seminars can be purchased separately and will be conducted in groups of up to ten MPSP Customers. Seminars with fewer than four participants will be rescheduled. To schedule your In-Person Training Seminar speak to your sales representative for purchasing options. Customers are responsible for all travel, lodging, and expenses related to seminar attendance.
Video Conference Appointments and In-Person Training Seminars may be subject to change based on availability and may be limited to a reasonable length.
Dental Support Plan and Medical Support Plan Include Proactive Support
With the purchase of DPSP or MPSP, if you choose to opt-in to network monitoring or other suitable printer remote reporting to Formlabs, the Dental or Medical Expert Support Team will proactively review remote diagnostic information every six months for covered Products and proactively provide service for any issues discovered. If you choose not to opt-in, our Dental or Medical Expert Support team will reach out every six months to check-in.
Expedited Printer Replacement (“Hot Swap”) Service
If Support determines that repair may be needed for your Product, and that mail-in service is appropriate, Formlabs will make reasonable commercial efforts to dispatch a new or refurbished replacement Product (“Replacement Product”) with the same or improved specification as your original Product. Formlabs will dispatch the Replacement Product by standard courier. For Customers who purchased DPSP or MPSP, Replacement Products will be dispatched by express courier. Formlabs will make reasonable commercial efforts to ensure that such replacements are dispatched as soon as possible.
If a Replacement Product is provided, 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 in the Product’s original packaging.
If the returned Product requires repairs not covered under the limited warranty, has been damaged as a result of failure to follow packaging instructions, or if the Product is no longer within the limited warranty period, and if any applicable statutory warranty rights are no longer in effect, 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.
Coverage of Replacement Products
Any Replacement Product provided by Formlabs under the Plan shall be covered by the Plan for the remaining Coverage Period of the original Product.
This plan is not available outside of our shipping zones as listed at formlabs.com/support/shipping/. International Plan Participants (outside of our shipping zones) 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.
Changes to Plan Terms of Service
You can review the most up to date version of the Formlabs PSP, DPSP, and MPSP terms of service at any time on this page. Formlabs reserves the right, at its sole discretion, to update, change, or replace any part of these terms of service by posting updates and changes to our website. In the event any changes to these online terms substantially alter the Plan you originally purchased, the terms governing your purchase will prevail. It is your responsibility to check our website periodically for changes.
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. 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 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, 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.
For Plan Participants in the EU Economic Area (EUEA)
Where the terms specific to the EUEA below conflict with the Plan terms listed above, the more specific terms shall prevail.
Priority Customer Service
Business hours are 9:00 AM to 6:00 PM CET, excluding weekends and German Federal holidays.
Video Conference Appointments
Customers purchasing DPSP and MPSP are entitled to a Video Conference Appointment up to ninety minutes OR DPSP and MPSP Customers may elect to attend an In-Person Training Seminar at our office in Berlin offered in multiple languages. In-Person training Seminars are also available at other locations across Europe. For more information on these In-Person Training Seminars, please check our event page at https://formlabs.com/eu/services/trainings-seminars/.
Repair and Replacement Services
If no replacement unit is available, Formlabs will repair the Product in accordance with the statutory warranty rights and terms and conditions of Formlabs’ limited warranty that accompanies the Product.
In case one of the above mentioned services is subject to availability, Formlabs will inform you immediately if this service is not available and will reimburse you accordingly if you already paid this service.
Changes to Plan Terms of Service
In some cases Formlabs may need to make changes to the plan in this event, Formlabs will make commercially reasonable efforts to inform the Customer about its decision. Any such changes will become effective unless the Customer objects in writing within six weeks.
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.