Repair Service Terms and Conditions
Thank you for your interest in Formlabs Repair Service! If your Formlabs machine is out of warranty, or has been damaged due to use or abuse not covered by the warranty, Formlabs, Inc. (“Formlabs”) is pleased to offer you repair services under the following terms and conditions (the “Agreement”). Your use of the Repair Service constitutes your acceptance of this Agreement:
The intent of the Formlabs Repair Service is to provide you with a repaired or refurbished Formlabs product when your original product requires non-warranty service or repair. (“Repair Service”) Warranty repairs for any Formlabs products covered by the Formlabs warranty (“Warranty Service”) are covered by your Exclusive Limited Warranty, not this Agreement, except as provided for below.
Customer Service Authorization
Upon contacting Formlabs, our Customer Service team will determine whether you may be eligible for Warranty Service or Repair Service and authorize your return of Formlabs product(s) as appropriate. Formlabs accepts no liability or obligations with regards to Formlabs products returned without authorization from Customer Service and reserves the right to refuse or destroy any such returns.
Initial Charge for Shipping and Packaging
Upon determining that you may be eligible for Repair Service, Customer Service may require you to pay a fee for round trip shipping, duties, and related fees for transit between your location and Formlabs’ repair center (“Initial Fee”). If our inspection determines that you are eligible for Warranty Service, rather than Repair Service, the Initial Fee will be refunded to you.
Upon receipt of the Initial Fee, Formlabs will provide you with shipping instructions and prepaid shipping label(s) for the return of Formlabs products. You are responsible for following all packaging and shipping instructions, including the use of Formlabs packaging material, and for any additional costs or damage resulting from failure to do so.
In case you no longer have the original packaging, you may purchase replacement packaging for a fee. This replacement packaging will be sent to you along with the shipping information above.
After we have received the shipment of your Formlabs product(s) (“Returned Product”), Formlabs will perform an inspection of the Returned Product to determine what repairs may be necessary and the cost of such repairs (“Repair Fee”). Formlabs Customer Service will provide you with an invoice (“Repair Invoice”) for such costs for your review prior to commencing service.
Payment of the Repair Fee is due within 5 business days of Formlabs issuance of the Repair Invoice. Upon payment in full, Formlabs will commence service of the Returned Product and, when complete, ship a repaired Formlabs product (“Repaired Product”) to you at the originating address. Due to the nature of the services, you may not cancel your repair request after authorization.
If you do not pay the Repair Fee within time period above, or otherwise instruct Formlabs that you wish to decline the repair services set forth in the Repair Invoice, Formlabs will ship the Returned Product to your originating address at your risk. You will not be entitled to a refund or credit of the Initial Fee.
Formlabs may use new, used, or reconditioned parts of equivalent or superior specifications in the repair of your machine. In some cases, and at its sole discretion, Formlabs may opt to replace a product with a new or refurbished product of equivalent or superior specifications. Parts or equipment removed and replaced as part of the repair become Formlabs’ property. Repair times may depend on a number of factors outside of Formlabs’ control. While Formlabs may provide you with an estimate of when repairs may be completed, Formlabs cannot guarantee repair completion dates and will not be liable for any delays.
Warranty and Disclaimer
Repaired Products under this Agreement are covered by Formlabs Exclusive Limited Warranty for 90 days from the date of replacement or repair as “a replacement product or part” or for the remaining term of your original limited warranty period, whichever is longer. TO THE MAXIMUM EXTENT PERMITTED BY LAW, FORMLABS AND ITS AFFILIATES, WILL UNDER NO CIRCUMSTANCES BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES RESULTING FROM PERFORMANCE OF ANY REPAIR SERVICES, INCLUDING BUT NOT LIMITED TO 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, OR CORRUPTION OF DATA. THE FOREGOING LIMITATION SHALL NOT APPLY TO DEATH OR PERSONAL INJURY CLAIMS. FORMLABS SPECIFICALLY DOES NOT WARRANT THAT IT WILL BE ABLE TO REPAIR OR REPLACE YOUR PRODUCT. IF ANY PRODUCT SHOULD BE DAMAGED OR LOST WHILE IN FORMLABS’ CUSTODY, FORMLABS’ LIABILITY WILL BE LIMITED TO THE COST OF REPAIR OR REPLACEMENT OF THE AFFECTED PRODUCT. OTHERWISE, FORMLABS’ LIABILITY FOR ANY AND ALL DAMAGE SHALL IN NO EVENT EXCEED THE PAYMENTS RECEIVED BY FORMLABS FOR SERVICES PROVIDED PURSUANT TO THESE TERMS. THE REMEDIES SET FORTH HEREIN SHALL BE YOUR SOLE AND EXCLUSIVE REMEDIES FOR ANY BREACH BY FORMLABS UNDER THESE TERMS AND CONDITIONS.
Repair Services for Excluded Damage
In certain cases, Formlabs Customer Service may allow you to return a Formlabs product for Warranty Service and subsequently determine that the product is not eligible for Warranty Service due to abuse or other types of damage not covered by the Formlabs Exclusive Limited Warranty. In such cases, you will be provided with a Repair Invoice, including both the Initial Fee and Repair Fees. Service will be provided upon payment of the Repair Invoice as above. If you do not pay the Initial Fee within 5 business days, Formlabs will be unable to ship the Returned Product back to you and our sole obligation will be to make the Returned Product available for pickup at our facilities for 10 business days.
Choice of Law
This Agreement shall be interpreted and construed in accordance with the laws of the State of Massachusetts, without regard to Massachusetts conflict of laws rules.
If a disagreement ever arises out of or relates to this agreement or any alleged breach, it will be resolved by arbitration administered by the American Arbitration Association under its Commercial Arbitration Rules, and judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof.
No waiver of rights under this Agreement by either party shall constitute a subsequent waiver of this or any other right under this Agreement.
In the event that any of the terms of this Agreement become or are declared to be illegal or unenforceable by any competent adjudicator, such term(s) shall be construed as nearly as possible to reflect the intention of the parties. All remaining terms of this Agreement shall remain in full force and effect.
This Agreement constitutes the entire agreement between the parties pertaining to the subject matter hereof, and any and all written or oral agreements previously existing between the parties are expressly canceled. Except as otherwise expressly provided in this agreement, any modifications of this Agreement must be in writing and agreed to by both parties.
Neither party shall be liable or responsible to the other party, nor be deemed to have defaulted under or breached this Agreement, for any failure or delay in fulfilling or performing any term of this Agreement, when and to the extent such failure or delay is caused by: [a] acts of God; [b] flood, fire or explosion; [c] war, terrorism, invasion, riot or other civil unrest; [d] embargoes or blockades in effect on or after the date of this Agreement; [e] national or regional emergency; [f] strikes, labor stoppages or slowdowns or other industrial disturbances; [g] any passage of law or governmental order, rule, regulation or direction, or any action taken by a governmental or public authority, including imposing an embargo, export or import restriction, quota or other restriction or prohibition; or [h] national or regional shortage of adequate power or telecommunications or transportation facilities.