Hardware Service Terms
LAST UPDATED – APRIL 23, 2024The Formlabs Fuse Series Service Plans, Formlabs Dental Service Plan, Formlabs Medical Service Plan, Formlabs Pro Service Plan, and Formlabs Enterprise Service Plan (each a “Service Plan”) provide coverage to certain Formlabs products and are governed by the terms set forth herein (“Hardware Service Terms”). Throughout these Hardware Service Terms, Formlabs Inc. may be referred to as “Formlabs”, “we”, “us”, and/or “our”. The terms “you”, “your”, and “Customer” refer to the person or entity using or purchasing any Service Plan or product.
In addition to these Hardware Service Terms, all Service Plans are subject to the Formlabs Terms of Service at formlabs.com/terms-of-service/ (“Formlabs Terms of Service”), including the Exclusions From and Limitations to Warranty terms therein.
Scope
The goal of Formlabs Service Plans is to help you use your Formlabs products most successfully and minimize any downtime you might encounter using products you purchase from Formlabs or an authorized reseller. Service Plans provide you with additional services beyond the limited warranty provided by Formlabs for its Products. Except as otherwise provided in these Hardware Service Terms, the Service Plan does not extend, replace, or change the terms of the Formlabs Terms of Service, including any limited warranty that accompanies the product.
Service Plan Coverage and Renewal
Each Service Plan covers the specifically identified product listed in your final quote from Formlabs that is either (i) new, unused, and not tampered with, (ii) within 60 days of being shipped directly from the manufacturer or a certified reseller, or (iii) manufacturer certified (collectively, “Covered Product(s)”). If you purchase a Service Plan after the date we ship the respective Covered Product to you, Formlabs reserves the right to certify the condition of the product prior to offering a Service Plan. Such certification will be billed to you at applicable standard rates for time and materials in addition to reasonable travel and living expenses.
New Service Plans begin upon the date we ship the respective Covered Product to you, and any subsequent renewals of a Service Plan begin upon the date of expiration of the previous Service Plan (“Coverage Start Date”). All renewals of Service Plans must be made within a maximum of thirty (30) days of the expiration of the previous Service Plan. Fuse Series Service Plans may be renewed for a maximum of five (5) years from the original date of shipment of the original Covered Product. Dental Service Plans, Medical Service Plans, and Pro Service Plans may be renewed for a maximum of three (3) years from the original date of shipment of the respective Covered Product. All payments for Service Plans are due at the beginning of each term and are non-refundable. Customers shall pay all balances due within thirty (30) days of the respective invoice, unless otherwise specified.
Customer Service Hours
The business hours for our customer service team are 9:00 AM to 6:00 PM Eastern Time and Central European Time, excluding weekends and local company holidays. Observed company holidays for your region can be found under “Support” on our FAQs.
Scope
In some cases for repair or maintenance, Formlabs will send you a new or reconditioned customer-installable replacement part to enable you to service your Covered Products (“Customer-Replaceable Part(s)”). In exchange for the Customer-Replaceable Part, you may be required to return the original part to Formlabs. Formlabs may require a credit card authorization as security for the retail price of the Customer-Replaceable 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 Customer-Replaceable Part and shipping costs. If the original part is not returned within thirty (30) days, Formlabs reserves the right to charge the credit card for the full authorized amount.
Any Customer-Replaceable Part provided by Formlabs under the Service Plans shall be covered by the respective Service Plan for the remaining coverage period of the original Covered Product, except for the build chambers of Fuse Series machines, which are only covered by our non-renewable one (1) year standard warranty from the date of shipment of the original product.
Coverage Outside Formlabs Shipping Zones
Unless otherwise expressly agreed to in writing, Service Plans are not available to Customers and products outside of our shipping zones, as listed at formlabs.com/support/shipping/.
Not all features, products, or services discussed, referenced, provided, or offered through the Service Plans may be available in all geographic locations. Formlabs reserves the right to limit, in its sole discretion, the provision and quantity of any feature, product, or service under the Service Plans to any geographic area.
Customers outside of our shipping zones may be eligible to purchase extended warranty coverage for their Formlabs products, covering printer or part replacement costs if Formlabs customer support determines that replacement may be needed.
Transferability
Each Service Plan covers a specific Covered Product and may not be transferred to other products or customers. Service Plans may not be resold and are non-transferable and non-refundable, other than as may be provided for herein, in connection with Formlabs-approved substitution or equipment replacement, or as otherwise authorized by Formlabs.
From time to time, and at its sole discretion, Formlabs may designate a trusted third party to fulfill its obligations under the Service Plans in whole or in part.
Cancellation
Formlabs may, at its sole discretion, terminate these Hardware Service Terms and refuse to provide further services under any Service Plan for failure to maintain eligibility for the applicable Service Plan as well as for abusive or inappropriate behavior; failure to comply with Formlabs’ published policies and procedures, including failure to appropriately maintain Covered Products; failure to pay outstanding charges due under these Hardware Service Terms; or breach of any of the terms in these Hardware Service Terms, Formlabs Terms of Service, or any other agreement between the Customer and Formlabs. In the event that Formlabs terminates your participation in a Service Plan as set forth in this section, Formlabs may provide you with a prorated refund at its sole discretion.
Changes to Hardware Service Terms
You can review the most up-to-date version of these Hardware Service Terms at any time on this page. Formlabs reserves the right, at its sole discretion, to update, change, or replace any part of these Hardware Service Terms by posting updates and changes to our website. It is your responsibility to check our website periodically for changes.
Disclaimers and Limitations on Liability
ITO 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 U.S. DOLLARS ($50.00) OR THE AMOUNT PAID BY YOU FOR THE PRODUCT THAT CAUSED SUCH DAMAGE.
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.
Formlabs shall not be responsible for failure to provide any on-site service hereunder: (i) at locations deemed hazardous to the health or safety of Formlabs’ 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.
Formlabs shall not be liable for any failure of, or delay in the performance of, these Hardware Service Terms for the period that such failure or delay is due to causes beyond its reasonable control, including but not limited to acts of God, natural disaster, pandemic, war, strikes or labor disputes, embargoes, government orders, or any other force majeure event.
Enforcement and Entire Agreement
These Hardware Service Terms 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. The place of arbitration shall be Boston, Massachusetts and the arbitration shall be conducted in English. In the event that any provision of these Hardware Service Terms 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, (i) 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 (ii) the remaining terms, provisions, covenants, and restrictions of these Hardware Service Terms shall remain in full force and effect. No waiver or any breach of any provision of these Hardware Service Terms 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. These Hardware Service Terms and all expressly referenced documents constitute the entire agreement between the parties with respect to the subject matter hereof and supersede all prior and contemporaneous agreements or communications.
Data Protection
The data you provide to Formlabs is governed by Formlabs’ Privacy Policy, which can be found at formlabs.com/privacy-policy. Formlabs may save and process any data relating to the Customer to the extent necessary for the purpose of the execution and implementation of the Service Plans.
Training and Recording
Remote training sessions, phone calls, and chat logs may be recorded. Each party (i) consents to the recording of training calls, and chats; and (ii) agrees to obtain any necessary consent and give notice of such recording to personnel. At your request, and if available, Formlabs may send you a copy of a recorded training. Formlabs will use any recordings for internal training and analytics purposes only, and will not sell, transfer, license, or otherwise disclose any recordings to the public.
Fuse Series Service Plans
Eligibility and Coverage Period
The Fuse Series Service Plan continues for the period noted in your final quote from Formlabs, unless otherwise renewed, extended, terminated, or canceled pursuant to these Hardware Service Terms.
Service Team and Plans
Customers under the Fuse Series Service Plan have access to the Formlabs customer service team during the coverage period. The customer service team will provide the services included in your Fuse Series Service Plan as set forth below, depending on the tier of the plan (“Complete” or “Basic”) identified in your final quote from Formlabs.
Description of Services
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Training. Customers will be provided self-service training videos, with the option to schedule a remote session with a member of the customer service team. Remote sessions are subject to additional terms in these Hardware Service Terms, including the section titled “Training and Recording” above.
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Worry-Free Warranty Coverage. Subject to additional limitations in these Hardware Service Terms, the Fuse Series Service Plan includes coverage of repair costs, including component or system replacements due to normal wear and tear, during the term of the Fuse Series Service Plan.
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Direct Phone and Email Support. During local business hours, the customer 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 over time. Under the Fuse Series Service Plan, Formlabs will take commercially reasonable efforts to respond to requests for support within one (1) business day.
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Annual Preventative Check-up. The Complete Fuse Series Service Plan includes one (1) annual on-site maintenance visit by a customer service team member to perform routine maintenance . The annual preventative check-up may, at Formlabs’ discretion, overlap with an On-Site Service Visit, as defined below. The Basic Fuse Series Service Plan does not include an annual preventive check-up, but does include Customer-Replaceable Parts that are sent to the Customer free of charge upon request for self-service preventative maintenance.
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On-Site Service Visit. From time to time, Covered Products may require diagnosis, repair, or maintenance services, and such maintenance may require on-site assistance from the customer service team (“On-Site Service Visit(s)”). The need and nature of such maintenance is determined by Formlabs in its sole discretion. On-Site Service Visits are covered under the Complete Fuse Series Service Plan only, and may be limited to a reasonable number per term, each including up to one (1) full business day of maintenance. Formlabs reserves the right to charge for any On-Site Service Visit requested for the maintenance or replacement of Customer-Replaceable Parts. On-Site Service Visits are subject to additional terms in these Hardware Service Terms.
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Maintenance Documentation. The customer service team may provide detailed troubleshooting documentation for advanced Covered Product maintenance procedures upon request, as available.
On-Site Service Visits and Annual Preventative Checkups
For Customers who purchased a Fuse Series Service Plan that includes On-Site Service Visits, upon a Customer’s reasonable request in writing, Formlabs will take commercially reasonable efforts to dispatch a member or members of the customer service team to the Customer’s location during normal business hours within five (5) business days from the date the customer service team approves the On-Site Service Visit. If a Customer requests On-Site Service but has not purchased a Fuse Series Service Plan that includes it, subject to payment of Formlabs’ applicable standard fees and reasonable travel and living expenses, Formlabs will take commercially reasonable efforts to dispatch a member or members of the customer service team to the Customer’s location within ten (10) business days from the date the customer service team approves the On-Site Service Visit. In any case, provision of On-Site Service Visits is subject to the following:
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The Customer acknowledges that Formlabs, at its sole discretion, may subcontract to affiliates or trusted third parties for the performance of On-Site Service Visits, in which case such subcontractor shall be directly and primarily liable to the Customer for performance of such subcontracted services.
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The Customer must maintain the Covered Products in a safe, clean, ventilated room, within the temperature and humidity operating ranges specified for the Covered Product.
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The Customer must provide the customer service team with a primary contact person 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 contact person will make all reasonable efforts to support and cooperate with Formlabs or the customer service team in resolving the problem remotely prior to an On-Site Service Visit, for example, by starting and executing self-tests or diagnostic programs, providing all necessary information, or performing basic remedial activities upon Formlabs’ request.
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The Customer must promptly advise Formlabs and the customer service team of any significant Covered Product malfunction, regardless of the cause.
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Formlabs may limit On-Site Service Visits to Covered Products and a reasonable number per term.
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Formlabs reserves the right to charge for any On-Site Service Visit requested for the maintenance or replacement of a Customer-Replaceable Part.
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On-Site Service Visits attributable to unauthorized attempts by the Customer to repair or maintain the Covered Product, fault or negligence of the Customer, improper use or misuse of the Covered Product by the Customer, external damage 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 applicable standard rates for time and materials.
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Customers located in certain geographic locations may be required to cover the costs of travel and living expenses for customer service team members performing On-Site Service visits or Annual Preventative Checkups.
Costs
The Fuse Series Service Plan does not cover damage as a result of failure to follow packaging instructions (including the failure to clean excess powder prior to shipping), use in violation of the Formlabs limited warranty (including modifications that affect our ability to repair), abuse of the Covered Product, excluded components as expressly provided herein, or if the Covered Product is no longer within the coverage period. In the event service is requested, but the repairs are not covered under your Service Plan, you shall be responsible for the reasonable costs, including shipping or travel for on-site repairs, to make any out-of-coverage repairs to products. Service under these Hardware Service Terms shall be suspended until any such charges are paid in full. Customers shall pay all balances due within thirty (30) days of the respective invoice, unless otherwise specified.
Dental, Medical, and Pro Service Plans
Eligibility and Coverage Period
The Dental Service Plan (“DSP”), Medical Service Plan (“MSP”), and Pro Service Plan (“PSP”) continue for one (1), two (2), or three (3) years from the Coverage Start Date, depending on the Service Plan purchased, unless otherwise renewed, extended, terminated, or canceled pursuant to these Hardware Service Terms.
Priority Customer Service
Customers under the DSP, MSP, and PSP will receive priority access to Formlabs customer support during the coverage period. Customers purchasing a DSP or MSP will have access to our customer service team to provide targeted, solution-oriented support. Under the DSP, MSP, and PSP, Formlabs will take commercially reasonable efforts to respond to requests for support within five (5) business hours. Support requests under the DSP, MSP, and PSP must be made as directed at support.formlabs.com/s/contact-support using your registered email.
Customer Service by Phone
Hotline Support
Customers under the DSP, MSP, and PSP may contact customer support via telephone with support requests (“Hotline Support”) during customer support’s operating hours. Telephone numbers, operating hours, and directions may be found at formlabs.com/services/psp/, which may be amended from time-to-time by updating our website. 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.
Expedited Printer Replacement (“Hot Swap”) Service
If customer support determines that repair may be needed for your Covered Product and that mail-in service is appropriate under the DSP, MSP, or PSP, Formlabs will take commercially reasonable efforts to expediently dispatch a new or refurbished replacement product (“Replacement Product”) with the same or improved specification as your original Covered Product.
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 Covered Product must be properly packaged for shipment as instructed by Formlabs using either the same packaging the Replacement Product arrived in or the product’s original packaging. If the original Covered Product is not returned within thirty (30) days, Formlabs reserves the right to send you an invoice for the full retail price of the Replacement Product. Customers shall pay all balances due within thirty (30) days of the invoice, unless otherwise specified.
Any Replacement Product provided by Formlabs under the DSP, MSP, or PSP shall be covered by the respective Service Plan for the remaining coverage period of the original Covered Product or ninety (90) days, whichever is greater.
Costs
The DSP, MSP, and PSP do not cover damage as a result of failure to follow packaging instructions (including the failure to remove resin tank and cartridge prior to shipping), use in violation of the Formlabs limited warranty (including modifications that affect our ability to repair), abuse of the equipment, excluded components as expressly provided herein, or if the product is no longer within the coverage period. In the event service is requested, but the repairs are not covered under your Service Plan, you shall be responsible for reasonable costs, including shipping or travel for on-site repairs, to make any out-of-coverage repairs to products. Customers shall pay all balances due within thirty (30) days of the invoice, unless otherwise specified.
Enterprise Service Plans
Eligibility and Coverage Period
The Enterprise Service Plan continues for one (1) year from the Coverage Start Date, unless otherwise renewed, extended, terminated, or canceled pursuant to these Hardware Service Terms.
Customers under the Enterprise Service Plan will have access to the Enterprise Service Team (“Enterprise Service Team”) during the coverage period. The Enterprise Service Team is able to provide:
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Video On-boarding and Training. A member of the Enterprise Service Team will conduct a video on-boarding and training session. This session can be used for product orientation, training, and print support.
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Quarterly Fleet Reviews. A member of the Enterprise Service Team will conduct regular check-ins with you to review fleet health and performance and update you on technology updates that may improve your print experience.
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Expedited Repair Diagnosis. Fewer troubleshooting steps will be required before we move to repair or replace your Formlabs printer compared to our standard service.
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Print Support. The Enterprise Service Team is available to perform an examination of your prints to discuss opportunities to reduce material, increase reliability, and improve yield. Examination and modification are done in PreForm only.
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Upgrade Planning Support. The Enterprise Service Team is available to provide guidance and training on upgrading from all our hardware products that are still commercially available and formally serviced.
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Maintenance Documentation. The Enterprise Service Team may provide detailed troubleshooting documentation for advanced maintenance, diagnosis, and repair procedures for all our hardware products as available.
Enterprise Service Agents
Any questions you may have regarding the Enterprise Service 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 Enterprise Service Team agents will review notes and other details regarding your Covered Product and Enterprise Service Team interactions to ensure maximum continuity of service.
Priority Customer Service
Customers under the Enterprise Service Plan will receive priority access to Formlabs customer support during the coverage period. Under the Enterprise Service Plan, Formlabs will take commercially reasonable efforts to respond to requests for support within five (5) business hours.
Hotline Support
Customers under the Enterprise Service Plan may contact customer 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.
Video Conference Appointments
In addition to telephone calls to customer support, Customers under the Enterprise Service Plan may contact customer support to schedule a video conference appointment during operating hours, subject to availability, to receive support.
On-Site Replacement Parts
During the coverage period, Formlabs may provide spare part kits (“On-Site Replacement Part(s)”) for the sole purpose of the repair of Covered Products by the Customer. Customers should contact Formlabs prior to the use of any component of On-Site Replacement Parts.
Expedited Printer Replacement (“Hot Swap”) Service
If a member of the Enterprise Service Team determines that repair may be needed for your Covered Product, and that mail-in service is appropriate under the Enterprise Service Plan, Formlabs will take commercially reasonable efforts to expediently dispatch a new or refurbished replacement product (“Replacement Product”) with the same or improved specification as your original Covered Product by express courier.
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 Covered Product must be properly packaged for shipment as instructed by Formlabs using either the same packaging the Replacement Product arrived in or the product’s original packaging. If the original Covered Product is not returned within thirty (30) days, Formlabs reserves the right to send you an invoice for the full retail price of the Replacement Product. Customers shall pay all balances due within thirty (30) days of the invoice, unless otherwise specified.
Any Replacement Product provided by Formlabs under the Enterprise Service Plan shall be covered by the Enterprise Service Plan for the remaining coverage period of the original Covered Product or ninety (90) days, whichever is greater.
Costs
The Enterprise Service Plan does not cover damage as a result of failure to follow packaging instructions (including the failure to remove resin tank and cartridge prior to shipping), use in violation of the Formlabs limited warranty (including modifications that affect our ability to repair), abuse of the equipment, excluded components as expressly provided herein, or if the product is no longer within the coverage period. In the event service is requested, but the repairs are not covered under your Service Plan, you shall be responsible for the reasonable costs, including shipping or travel for on-site repairs, to make any out-of-coverage repairs to products. Service under these Hardware Service Terms shall be suspended until any such charges are paid in full. Customers shall pay all balances due within thirty (30) days of the invoice, unless otherwise specified.
For Service Plan Participants in the EU and the UK
For Customers located in the European Union (“EU”) or the United Kingdom (“UK”), where the terms specific to the EU and UK below conflict with the applicable Service Plan terms listed above, the terms specific to the EU and UK shall prevail.
Repair and Replacement Services
If, during the initial warranty term, no replacement unit is available, Formlabs will repair covered products in accordance with the statutory warranty rights and terms and conditions of Formlabs’ limited warranty that accompanies such product.
Services may be subject to availability. Formlabs will inform you immediately if a requested service is not available and reimburse you accordingly if you have already paid for the service.
Cancellation
If required under applicable law, the Customer’s right to terminate without notice for good cause remains unaffected.
Contact
The contact partner for questions regarding these Hardware Service Terms in the EU and UK is:
Enforcement and Entire Agreement
Any contracts entered into between Formlabs and an EU or UK 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 EU or UK 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 EU or UK Customer may file suit before any court of competent jurisdiction under applicable law.