Formlabs Enterprise Service Plan Terms of Service
Formlabs is pleased to offer a higher level of service for our production customers. The Enterprise Service Plan (the “Plan”) provides total coverage to Form 2, Form 3, Form 3L, and Form 3B printers (the “Product”), ensuring maximum uptime of your fleet of Formlabs printers. 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
The Plan is offered for a specific identified Product(s) (“Covered Product(s)”) and begins either when the Plan is purchased or when the Covered Product is shipped by Formlabs to you, whichever is later (“Coverage Start Date”). The Plan continues, unless otherwise renewed, extended, or terminated, for one (1) year from the Coverage Start Date (the “Coverage Period”). Customers must be located in the continental United States or Canada to maintain Coverage. At its sole discretion, Formlabs may choose to extend or renew the Plan from time-to-time and on a case-by-case basis.
Each Plan covers a specific Covered Product or Products and may not be transferred to other Products or Customers. The 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.
Enterprise Service Team
Customers under the Plan will have exclusive access to the Enterprise Service Team (the “Service Team”) during the Coverage Period. The Service Team is your advocate and point of contact at Formlabs. They know your Formlabs products and will get to know your team and your specific use case. The Service Team is able to provide:
- Video On-boarding and Training. A member of the Service Team will conduct a video on-boarding and training session. This session can be used for product orientation, training and print support.
- Quarterly Fleet Reviews. A member of the Service Team will conduct regular check-ins with you to review fleet health and performance. The Service Team will update you on technology updates that may improve your print experience.
- Expedited Repair Diagnosis. Fewer troubleshooting steps will be required before we move to repair or replace your Formlabs printer, compared to our standard service.
- Hot Swap Replacements: When hardware needs to be replaced the Plan includes a Hot Swap replacement process for minimal downtime. Formlabs will send a refurbished or new replacement unit upon Hot Swap approval. Formlabs will provide a shipping label for the original printer and packing instructions to return it for repair.
- Print Support. The Service Team is available to perform examination of your prints to reduce material, increase reliability, and improve yield. Examination and modification are done in PreForm only.
- Upgrade Planning Support. The Service Team is available to provide guidance and training on upgrading from Form 2 to Form 3, Form 3L, or Form 3B printers.
- Maintenance Documentation. The Service Team is able to provide detailed troubleshooting documentation for advanced Form 2, Form 3, Form 3L & Form 3B maintenance, diagnosis, and repair procedures as available.
Enterprise Service Agents
Customers under the Plan will be assigned to our dedicated enterprise support team (“Enterprise Service Team”) on or before the Coverage Start Date. Any questions you may have regarding the Plan will be preferentially directed to the Enterprise Service Team for resolution. In addition, the Enterprise Service Team will proactively contact you regularly regarding any difficulties or concerns. Individual Enterprise Support Team members may change at any time during the Coverage Period. New service agents will review notes and other details regarding your Product and Enterprise Service Team interactions to ensure maximum continuity of service.
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 five (5) business hours. Business hours are 9:00 AM to 6:00 PM Eastern Time, excluding weekends and U.S. Federal holidays.
Customers under the Plan may contact Support via telephone with support requests (“Hotline Support”) during Formlabs Customer Support’s operating hours. 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.
On-Site Replacement Parts
During the Coverage Period, Formlabs will provide spare part kits (“On-Site Replacement Parts”) for the sole purpose of the repair of Covered Products by the Customer. The Customer should immediately notify Formlabs of the use of any component of On-Site Replacement Parts. At the end of the Coverage Period or other termination of this Agreement, the Customer shall promptly return the On-Site Replacement Parts, at its sole cost and expense, to Formlabs. On-Site Replacement Parts must be packaged in the original packing material or equivalent and in the same condition as when it was first delivered, except for reasonable wear and tear and the use of any consumable materials.
Expedited Printer Replacement ("Hot Swap") Service
If a member of the Service Team determines that repair may be needed for your Product, and that mail-in service is appropriate under the Plan, Formlabs will dispatch a new or refurbished replacement Product (“Replacement Product”) with the same or improved specification as your original Covered Product 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 Covered 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 original Product is not returned within fourteen (14) business days, Formlabs reserves the right to charge you the full retail price of the Product.
The Plan includes coverage of most repair costs including component or system replacements due to normal wear and tear during the term.
The Plan does not cover damage as a result of failure to follow packaging instructions including the failure to clean excess resin prior to shipping, use in violation of the Formlabs limited warranty including modifications that affect our ability to repair, or abuse of the equipment. In the event the repair costs are not covered you shall be responsible for the reasonable costs, including shipping, to make any out-of-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. If the original Product is not returned within fourteen (14) business days, Formlabs will charge you the full retail price of any replacement 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.
Formlabs, at its sole discretion, may terminate this Agreement and refuse to provide further services under the Plan for failure to maintain eligibility for the Plan as well as 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 Enterprise Service Plan 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 original Plan, the terms governing your original Plan 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.
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