Sample Part Terms of Service
Thank you for your interest in a Custom Formlabs Sample Part. Your use of the Custom Formlabs Sample Part Service, and your receipt of a sample part, are governed by the following agreement (the “Agreement”) between Formlabs, Inc. (“Formlabs”) and you (“Customer” or “you”).
Scope. Formlabs makes no representations or guarantees regarding part quality, characteristics, or suitability beyond those provided in the limited warranty covering Formlabs’ product. The intent of the Custom Formlabs Sample Part Service is to provide you with a sample part of your choice which aims to be representative of the quality and characteristics of parts that can be produced with Formlabs products when used as directed. Your actual results using a Formlabs product may vary due to a variety of factors beyond Formlabs’ control.
Rights to the Model. By uploading your 3D design (“model”), you grant Formlabs a non-exclusive, royalty free worldwide transferable license on your design to use it for the manufacturing of your model in order to fulfill your order. You also warrant that it is your original creation and not copied from any third party and/or entity, or, in the alternative, that you have all legal rights necessary to engage Formlabs to print the model on your behalf. You further warrant that your use of Formlabs services to print your model will not infringe the intellectual property rights of third parties or violate any law.
Review of the Model. Formlabs will review your model submission prior to printing. Formlabs reserves the right to refuse or cancel your sample part at any time and for any reason, even after our acceptance of your order. In case we cancel your partial or entire order we will contact you via email and issue you a full refund if any payment was received for the cancelled item(s).
Cancellation and Returns. Due to the custom nature of our sample part services (i.e. the model is based on your specifications), you may not cancel your order after it goes into production or return it after your receive it.
Shipping. Your order will be delivered to the shipping address you provide us using commercially reasonable efforts. Any shipping and delivery dates given by us are only best estimates and we are not liable for any damage or cost caused by delay in shipping or delivery. Title and risk of loss is transferred to you upon transfer of the goods from Formlabs to the shipment carrier (FOB Shipping Point, EX Works).
Indemnification. You agree to indemnify and hold Formlabs and its affiliates, distributors, dealers, agents and its and their employees harmless from and against all liabilities, costs, damages and expenses (including reasonable attorneys fees) arising from or relating to any claims that result from your breach of this Agreement.
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 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. PLEASE NOTE THAT THE MATERIALS WE USE FOR MANUFACTURING THE MODELS MAKE THE MODELS SUITABLE ONLY FOR DECORATIVE PURPOSES AND THEY ARE NOT SUITED FOR ANY OTHER PURPOSE. THE MODELS ARE NOT SUITED TO BE USED AS TOYS, TO BE GIVEN TO CHILDREN. THE MODELS SHOULD NOT COME IN CONTACT WITH ELECTRICITY OR FOOD OR LIQUIDS AND SHOULD BE KEPT AWAY FROM HEAT
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, 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. The United Nations Convention on the International Sale of Goods shall not apply to the services or website or relating to the models ordered and delivered. 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.