EU and UK Terms and Conditions

LAST UPDATED - OCTOBER 15, 2024

1.1 These terms and conditions (the “Terms”) apply to any and all business between Formlabs Inc. or Formlabs GmbH (collectively “Formlabs”) and you (the “Customer”), regarding products or services purchased from Formlabs. These Terms are in force at the time an order is placed. Any different, complementary, or conflicting Terms introduced by the Customer are not part of the contractual relationship between Formlabs and the Customer and are expressly refused by Formlabs, unless they have been explicitly recognized by Formlabs and their inclusion has been permitted. Fulfillment of a purchase order shall not constitute explicit recognition for the purposes of these Terms.

1.2 Formlabs Offers are addressed exclusively to Merchants or professionals and entrepreneurs according to § 14 BGB, legal entities under public law, or public separate estates. Formlabs reserves the right to require proof of industrial or commercial registration or other compliance with § 14 BGB prior to accepting any registration or order.

2.1 To order using the Formlabs Online Store, Customer may need to register as a user. Registration is free.

2.2 In order to register, Customers must fill out the registration form and designate a username and password. Customers are obliged to keep their password confidential and shall be fully liable for any unauthorized orders from their account if they made the password available due to their or their employee’s fault (negligence or intent). Customers may make their password available to their employees only on a need-to-know basis.

2.3 Customers are under no obligation to purchase products or services based solely on registration. Customers may terminate or cancel their registration at any time at formlabs.com/dashboard.

2.4 Customers are responsible for updating and changing their personal information. Changes to settings may be made at formlabs.com/dashboard. If Customer is unable to update or remove personal information, please contact [email protected] for assistance.

2.5 Formlabs reserves the right to remove or delete registrations, including stored data, due to inactivity or use that is contrary to these Terms.

3.1 The Products and Services for sale on the Formlabs Website or other advertising materials are merely an invitation to Customers to submit an offer (“invitatio ad offerendum”) (“Formlabs Products”).

3.2 Customers are responsible for confirming, prior to the completion of their order, that the Formlabs Products are consistent with their requirements. Prior to submitting an order, Customers have the opportunity to review the order and the individual items.

3.3 By clicking the ”Confirm Payment” button, a Customer is submitting their order, which constitutes a legally binding offer to conclude a contract with Formlabs. Formlabs must explicitly accept the offer to create a legal agreement between the Customer and Formlabs. Formlabs is entitled to accept the offer provided by the Customer within two (2) weeks of receipt. In case of an order via phone or email, we will send Customer a non-binding offer incorporating these Terms. Customer’s confirmation of such non-binding offer is a legally binding offer to conclude a contract, which has to be accepted accordingly as stated above.

3.4 After the submission of an offer, Customers will receive a confirmation of the receipt via email. Unless otherwise and explicitly provided, such automatic confirmations do not constitute an acceptance of the offer.

3.5 Formlabs reserves the right to refuse an offer at its sole discretion for any reason or no reason at all. If an offer is not accepted, Formlabs may attempt to notify the Customer by contacting them via the email address, billing address, or phone number associated with the order. If an offer is refused, any payment made prior to Formlabs’ acceptance will be returned and the Customer shall have no further right to demand delivery. Formlabs does not offer its products or services to resellers under these Terms. Customer is obliged to inform us in case Customer intends to resell our products or services. We do not accept reseller orders without a separate reseller agreement.

3.6 The offer is accepted and the contract is formed when Formlabs either accepts the offer in writing or delivers the ordered Formlabs Products.

4.1 Unless otherwise indicated, Formlabs will deliver the ordered Formlabs Products Ex Works from the Origin address (EXW, according to Incoterms 2020), whereby the place of performance for the delivery of the goods owed by Formlabs is the Address of Formlabs' warehouse.

4.2 Customers may choose from shipping modes or delivery options offered by Formlabs. Formlabs shall not be responsible for any other delivery methods unless the parties have agreed otherwise. Customers are responsible for the cost of the shipping method chosen.

4.3 The place of performance for any warranty claims is the same place as for the delivery.

4.4 If a Customer requires the shipment of the goods to a place other than the place of performance under Section 4.1, the risk of accidental loss, accidental deterioration, or delay to the Customer shall pass to the Customer or subsequent carrier (Freight Forwarder) once goods are available on the warehouse dock for pickup by the Freight Forwarder or, if picked up by the Customer, the Customer. If the Customer is in default of acceptance the risk of accidental loss, accidental deterioration, or delay passes to the Customer.

4.5 If there is a default of acceptance by a Customer, or any delay in delivery for which the Customer is responsible, Formlabs may demand compensation for the resulting damage as well as the additional expenditure required to fulfill the order. This includes the storage and maintenance of the Formlabs Products.

5.1 The estimated delivery time of an order will be provided by Formlabs with the acceptance of the order. Unless expressly stated otherwise, such estimated delivery time does not constitute a binding commitment to an exact delivery date.

5.2 From time to time, circumstances outside of Formlabs’ control and without fault of Formlabs may prevent delivery according to the estimated time. Formlabs may notify the Customer in case of such circumstances using the contact information associated with the order. In case of delayed availability, Formlabs will notify the Customer of a new expected delivery period. If the Formlabs Products originally ordered are no longer available, Formlabs may offer to provide an equivalent good or service. If the Customer does not agree to the replacement Formlabs Products or if the Formlabs Products are not available in the newly established delivery time, both parties may rescind the contract.

5.3 Formlabs may make partial deliveries where some of the ordered Formlabs Products are not immediately available, unless such partial delivery is not of reasonable use by the Customer.

5.4 Notwithstanding the relevant statutory provisions, Customers must notify Formlabs of a delay in the Delivery for Formlabs to be in default.

5.5 Notwithstanding Customer’s rights according to 11.13, Formlabs maintains all legal rights to exclusion of liability as permitted by law.

6.1 Formlabs Products must be used according to the operating instructions and relevant safety and maintenance requirements, as listed on the Formlabs Website, including the Privacy Policy.

6.2 Unless a product description or associated materials contain a specific indication, Formlabs is not a manufacturer of medical devices. Formlabs provides tools and materials that may be used in many applications, but does not make any claims as to the safety or effectiveness of any specific devices made using Formlabs Products. Certain Formlabs Products, such as some of its dental resins, are clearly indicated as medical devices as defined by regulatory health agencies. These products have specific scopes and indications and should be used in accordance with their instructions for use.

Formlabs’ “biocompatible” resins, such as Surgical Guide and Dental LT Clear resins, have been engineered to comply with the industry standards specifically identified within the respective technical data sheets and have been tested according to relevant testing protocols for those standards. Biocompatible resins are a specialty Formlabs Product, developed for use by medical professionals, and should be used in accordance with the instructions for use. The final performance characteristics of cured photopolymer resin may vary according to Customer compliance with the instructions for use, application, operating conditions, material combined with, end use, or other factors.

6.3 Formlabs Products are not intended for use with materials or hardware provided by third parties. Use of third-party materials or Products is not recommended and may result in damage or inferior results. Formlabs is not liable for any damages or defects that result to Formlabs Products due to use with non-Formlabs materials or Products.

6.4 Unless explicitly stated otherwise on the Formlabs Product pages, Formlabs Products and Services should not be used in situations that support, sustain, or put human life at a significant risk. This includes medical devices, aids, implants, weapons, or the manufacture of machine parts whose failure could cause considerable damage. For Formlabs Products that are intended for use in such applications, Customers must follow all stated instructions and limit use to the applications intended.

7.1 In order to use select Formlabs Hardware Products, Customers must download the Preform® software. For the purpose of these Terms, "Hardware Products" means Form 3®, Form 3L®, Form 3B®, Form 3BL, Form 4™, Form 4B™, Form 4L™, Form 4BL™, Fuse 1®, Form Wash®, Form Cure®, Form Wash L™, Form Cure L™, Fuse Sift®, Fuse Blast™, Form Auto™, and/or any certified refurbished or reconditioned version of the aforementioned Products. This software is available and free to download from the Formlabs website.

7.2 Unless expressly agreed otherwise, Formlabs grants Customer the non-exclusive, worldwide, and perpetual right to use the software embedded in the Formlabs Products, if any, and/or Preform Software provided separately in accordance with Clause 7.1, limited to the purposes of using and operating the Formlabs Products in accordance with their designated uses and any related user manuals.

7.3 Formlabs owns all of the rights in the software it is allowing Customer to use, except for components such as open source libraries that have their own licenses and rules. Customer is only granted a non-exclusive right to use the software and only in the state the software is provided to Customer by Formlabs. Customers may not break Formlabs software down to analyze it, modify it, use it with non-Formlabs Products, or redistribute it without explicit consent. Customers may not rent, lease, or copy the software to others. Section 69e of the UrhG remains unaffected. Customers will be responsible for the actions and omissions of any of their employees or agents who use Formlabs software in accordance with these Terms.

7.4 Formlabs Software may not be used on computers that are used for security or energy supply.

7.5 Customers will continue to own all rights in the data, information, 3D geometries, part files, and other materials provided to Formlabs by the Customer or on its behalf in the course of using Formlabs software (“Customer Data”). Customers are responsible for ensuring the accuracy and legality of its Customer Data, and warrant that they have all the rights and consents necessary to allow Formlabs to use such Customer Data for the purposes of providing the Formlabs software. Customers grant Formlabs a royalty-free, non-exclusive, sub-licensable, worldwide right to use and process their Customer Data solely for the purpose of providing the Formlabs software and for any other activities to which the Customer expressly consents. Customer agrees that Formlabs may collect, use, and disclose quantitative data derived from its use of Formlabs software for industry analysis, benchmarking, analytics, marketing, and other business purposes, provided that such data is in aggregate form and does not identify the Customer or the Customer’s employees or agents. 

7.6. Formlabs reserves the right to suspend or terminate a Customer’s access to any Formlabs software if any applicable payment for the software is overdue or if the Customer’s use of the software violates these Terms or applicable law. Any suspension or termination shall not excuse the Customer’s obligation to make payment for the software, if applicable.

7.7 Notwithstanding the foregoing, the purchase and use of our Fleet Control software is subject to additional terms and conditions. By purchasing a Fleet Control license, Formlabs grants the Customer the non-exclusive, non-transferable, and non-sublicensable right to access and use Fleet Control during the term set forth in the Customer’s order (“Fleet Control Term”) solely for its internal business purposes and pursuant to these Terms. Unless otherwise stated in the Customer’s order, Fleet Control licenses are printer-specific and the Customer must purchase one Fleet Control license for each printer that it wishes to connect to its fleet. 

The Fleet Control Term will begin on the day that the Fleet Control license is delivered to the Customer. Once the Fleet Control Term has expired, the Customer’s access to Fleet Control will terminate. Fleet Control licenses do not auto-renew; the Customer must order a new Fleet Control license prior to the expiration of the Fleet Control Term in order to continue using Fleet Control.

7.8 PreForm Print Settings Editor is a free settings editor panel available to all users of PreForm that allows users to control certain print settings to tailor print performance. Customer’s use of PreForm Print Settings Editor is subject to these additional terms.

Customer’s use of PreForm Print Settings Editor is at Customer’s own risk. Formlabs does not assume any liability and provides no representations or warranties with respect to Customer’s custom print settings. Customer acknowledges and agrees that creating custom print settings through PreForm Settings Editor may affect part accuracy, part quality, printer reliability, printer speed, printer smell and odor, and printer and related hardware lifetime. The use of such custom print settings may cause Customer’s part to not print in accordance with Customer’s specifications and may also cause Customer’s hardware – including printers, build chambers, tanks, and build platforms – to fail unexpectedly. Use of PreForm Print Settings Editor may also increase the risk of property damage, including to Customer’s printer and workspace. PreForm Print Settings Editor should only be used by advanced users who understand how to modify print parameters and debug any resulting issues. Customer is solely responsible for testing and validating Customer’s custom print settings and parts printed with custom print settings to ensure that they meet Customer’s specifications. Formlabs’ service team will not provide assistance with custom print settings developed through PreForm Print Settings Editor.

Customer may also be restricted in editing certain settings depending on the material being printed, including materials that are FDA-registered medical devices. If Customer uses PreForm Print Settings Editor to edit the print settings for biocompatible materials, Customer acknowledges and agrees that editing the print settings may impact the biocompatibility of Customer’s printed parts. Formlabs makes no representations or warranties that any part printed with custom print settings will be biocompatible. Customer is solely responsible for testing and validating Customer’s custom print settings and parts printed with custom print settings to ensure that they meet Customer’s biocompatibility requirements.

Formlabs retains all rights, title, and interest in any custom print settings developed with PreForm Print Settings Editor and grants Customer the right to use such print settings solely for Customer’s internal business purposes and pursuant to these Terms.

7.9 Open Material Mode (f/k/a Open Material License) is a paid software license that allows users to print with materials not produced or sold by Formlabs (“Non Formlabs Materials”). Customer’s use of Open Material Mode is subject to these additional terms.

Customer’s use of Open Material Mode, Non Formlabs Materials is at Customer’s own risk. Formlabs does not assume any liability and provides no representations or warranties with respect to Non Formlabs Materials or the accuracy or reliability of product descriptions or safety information thereof. Customer acknowledges and agrees that using Non Formlabs Materials may affect part accuracy, part quality, printer reliability, printer speed, printer smell and odor, and printer and related hardware lifetime. The use of Non Formlabs Materials may cause Customer’s part to not print in accordance with Customer’s specifications and may also cause Customer’s hardware – including printers, build chambers, tanks, and build platforms – to fail unexpectedly. Use of Non Formlabs Materials may also increase the risk of property damage, including to Customer’s printer and workspace.  Customer acknowledges and agrees that Customer is solely responsible for creating print settings for Non Formlabs Materials, using the free Print Settings Editor feature in PreForm. 

Open Material Mode should only be used by advanced users who understand how to print with Non Formlabs Materials, modify print settings, and debug any resulting issues. Customer is solely responsible for testing and validating Customer’s custom print settings and parts printed with Non Formlabs Materials to ensure that they meet Customer’s specifications. Formlabs’ service team will not provide assistance with printing Non Formlabs Materials.

Formlabs makes no representations or warranties that any part printed with Non Formlabs Materials will be biocompatible. Customer is solely responsible for testing and validating Customer’s custom print settings and parts printed with Non Formlabs Materials to ensure that they meet Customer’s requirements, including any biocompatibility, compliance, regulatory, and safety requirements.
Customer’s purchase of any Non Formlabs Materials may be subject to a separate agreement with the supplier of such Non Formlabs Materials. Any such agreement is solely between Customer and the supplier of the applicable Non Formlabs Material. Formlabs is not responsible, and disclaims all liability for, any representations, warranties, guarantees, or obligations contained in any such agreements.

7.10 Supplier Certified Materials are third-party materials not produced or sold by Formlabs that are supplier-certified to be compatible with the Fuse Ecosystem (“Supplier Certified Materials”). Customer’s use of Supplier Certified Materials is subject to these additional terms.
Customer’s use of Supplier Certified Materials is at Customer’s own risk. Formlabs does not assume any liability and provides no representations or warranties with respect to Supplier Certified Materials or the accuracy or reliability of product descriptions or safety information thereof. Customer acknowledges and agrees that using Supplier Certified Materials may affect part accuracy, part quality, printer reliability, printer speed, printer smell and odor, and printer and related hardware lifetime. The use of Supplier Certified Materials may cause Customer’s part to not print in accordance with Customer’s specifications and may also cause Customer’s hardware – including printers, build chambers, tanks, and build platforms – to fail unexpectedly. Use of Supplier Certified Materials may also increase the risk of property damage, including to Customer’s printer and workspace. Customer acknowledges and agrees that Formlabs is not liable or responsible for any print settings associated with Supplier Certified Materials, including the suitability, accuracy, and reliability thereof. 
Customer is solely responsible for testing and validating Customer’s parts printed with Supplier Certified Materials to ensure that they meet Customer’s specifications. Formlabs’ service team will not provide assistance with printing Supplier Certified Materials.
Formlabs makes no representations or warranties that any part printed with Supplier Certified Materials will be biocompatible. Customer is solely responsible for testing and validating Customer’s parts printed with Supplier Certified Materials to ensure that they meet Customer’s requirements, including any biocompatibility, compliance, regulatory, and safety requirements.
Customer’s purchase of any Supplier Certified Materials may be subject to a separate agreement with the supplier of such Supplier Certified Materials. Any such agreement is solely between Customer and the supplier of the applicable Supplier Certified Material. Formlabs is not responsible, and disclaims all liability for, any representations, warranties, guarantees, or obligations contained in any such agreements

7.11 Formlabs may modify or provide additional Software from time to time. These Terms will continue to apply to future Software licenses.

8.1 Formlabs may provide Customers with public forums and social media for discussion and potential for collaboration with other customers. These forums are free, but Formlabs is under no obligation to continue to support or offer public forums or social media. Formlabs takes no responsibility and assumes no liability for any comments or User-Generated Content (defined below) posted by a Customer or any third-party.

8.2 Customers are responsible for their own content, data, or information posted in these public forums (“User-Generated Content”). User-Generated Content may be used by all Formlabs Customers. Formlabs is entitled to limit or remove User- Generated Content at any time and for any reason.

8.3 By publishing User-Generated Content in the community forums or on social media, the Customer grants Formlabs a worldwide, perpetual right to use the User-Generated Content. This right includes the right to use, modify, delete, publish, publicly perform, and/or reproduce the User-Generated Content in connection with the Formlabs Products, the community forums, and through other channels that are related in content and which are operated by Formlabs or on behalf of Formlabs by third parties. Formlabs is not entitled to sell User-Generated Content to third-parties or to rent or use the public forums in a context independent of the Formlabs Products or the community. Formlabs is not obligated to delete User-Generated Content or require other Customers to delete their User-Generated Content unless compelled to do so by statute.

8.4 Customers are not entitled to compensation for the rights for use granted to Formlabs for their User-Generated Content.

8.5 Formlabs has the right to sublicense its right to use User-Generated Content. The scope of such sublicensing cannot expand the rights in Section 8.3.

8.6 Customer agrees that any User-Generated Content they post will not violate any right of any third-party, including copyright, trademark, privacy, personality, or other personal or proprietary right. Customer further agree that any User-Generated Content will not contain libelous or otherwise unlawful, abusive, or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. Customer may not use false e-mail addresses, pretend to be someone other than themselves, or otherwise mislead Formlabs or third-parties as to the origin of any User-Generated Content. Customer is solely responsible for any User-Generated Content they post.

8.7 Customer shall hold Formlabs harmless of and shall indemnify Formlabs from any costs (including reasonable costs for legal defense), third party claims, including claims for damages, and damages resulting from any infringement by any User-Generated Content posted by Customer. This does not include any infringement not caused by Customer’s negligence or intent.

8.8 Customer is responsible for all User-Generated Content that is posted or published. Formlabs has no obligation to review or revise User-Generated Content prior to publishing. Notwithstanding the above, Formlabs reserves the right to refuse or remove User-Generated Content, in Formlabs’ sole discretion, at any time, without notice, and for any reason. Formlabs may also revoke the right to post or publish User-Generated Content at any time for any reason.

8.9 Customers are prohibited to post commercial content advertising any third party products or services or to harass other Customers, e.g. by sending spam messages, chain mails, or unrequested advertisements.

9.1 The price for Formlabs Products shall be the price listed at the time of order, including applicable taxes and shipping fees. If a Customer is VAT exempt, Formlabs may require the Customer’s VAT exemption ID during the Order or Registration. If the Customer does not provide their VAT exemption ID, Formlabs is entitled to invoice for the full VAT.

9.2 Unless otherwise explicitly agreed to in writing, the purchase price is due upon acceptance of the Order and receipt of a respective invoice. Formlabs reserves the right to withhold delivery until the payment is complete. Formlabs may return payment and cancel the order any time prior to acceptance.

9.3 If Customer does not pay as above or as otherwise agreed to, Customer shall be in default of this agreement. Formlabs does not have an obligation to provide warning or notice. Any amount owed is subject to interest at the statutory interest rate as under § 288 BGB. Formlabs has the right to claim any and all further damages.

9.4 Customer may only demand retention and set-off where the claim is undisputed or legally established. Notwithstanding the above, Customer retains the rights granted by § 320 BGB as well as their legal rights in the case of defective Products.

10.1 Formlabs reserves all title to Products sold until the full payment has been received. Prior to full payment, Customers are not entitled to pledge the Products to third parties or assign them as security. Customers agree, through writing, to inform Formlabs immediately of any application or filing of insolvency proceedings. Customers are obligated to provide Formlabs with all requested documentation related to an insolvency proceeding.

10.2 Formlabs rights and title shall continue even if a Customer has used the printer or materials in fabrication until the Customer has fully paid. The reservation of title includes any cases of processing, mixing, or combination with other products. Formlabs is deemed to be the producer of such results. If such processing, mixing, or combination is made with third party goods and the title of such third parties is reserved as well, Formlabs shall become a co-owner in an amount equal to the proportion of the amounts due in relation to each other.

10.3 If the value of the securities reserved by Formlabs hereby is more than 30% higher than the amounts due to Formlabs, Formlabs will release any reserved title up to such percentage upon request of the Customer. The choice of which title is to be released shall be in Formlabs’ sole discretion.

10.4 If a Customer breaches these Terms prior to paying Formlabs for the Products in full, such Customer is required to return the Products to Formlabs at the Customer’s cost. A reasonable payment period may apply as per the applicable statutory regulations prior to Formlabs withdrawal.

11.1 All Formlabs Products must be used and maintained in accordance with any and all operating and safety instructions. Any other uses or maintenance may result in damage to the Formlabs Products. These damages do not constitute defects according to the warranty obligations herein.

11.2 Where not otherwise addressed or specified, the statutory provisions regarding the remedy of defects (“Warranty Service”) shall apply in case of material deficiencies or defects to the Products.

11.3 Notwithstanding § 434 para. 1 sentence 3 BGB, Formlabs is not responsible or liable for any public statements made by third parties where the defects asserted are due to the usual and expected nature of the Products.

11.4 When you use Print Settings Editor, have Open Material Mode installed, or use Supplier Certified Materials, the following failure modes are additionally excluded from this Limited Warranty a) material spills; b) any type of tank damage, wear, or leak; c) wiper damage, wear, decoupling, or slow speeds; d) build platform damage; e) any damage to Hardware Products caused by the reaction of volatile ingredients in materials; and f) any other damage to Hardware Products caused by Customer’s use of Print Settings Editor, Non Formlabs Materials, or Supplier Certified Materials.

11.5 Any assertion of warranty claims by Customers who are Merchants, according to the German Mercantile Act, must be made in accordance with § 377 HGB, including timely inspection for completeness and recognizable deviations or defects. If the Customer does not provide notification of obvious defects within a reasonable period, but no more than fifteen (15) business days after receipt, the delivered Products shall be deemed approved. Any concealed defects discovered later shall be brought to Formlabs’ attention immediately upon discovery.

11.6 Formlabs may make any Warranty Service conditional to a Customer’s payment of any outstanding amounts due, subject to an offset in proportion to the defect. Customers are responsible for the full payment once the Warranty Service has been completed.

11.7 Formlabs will bear the cost of Warranty Service. However, if Formlabs determines that the Product is not defective or the Customer knew or should have known of a defect or was otherwise grossly negligent, Formlabs shall be entitled to charge the Customer for any costs arising from the Warranty Service including the inspection and transportation costs.

11.8 If any Products are defective, Formlabs, at its sole option, may provide Warranty Service by i) remedying the defect (Repair) either at a designated Service center, or, at Formlabs' sole discretion, through on-site repair Services, ii) by delivering a defect-free item (Replacement), or iii) subject to the Customer’s consent, by providing the appropriate parts and instructions to enable the Customer to service their Product (DIY Service). Formlabs will not choose an option requiring disproportionately high costs for the Customer. The Warranty Service will be deemed failed if, after the second attempt to rectify, the defect persists, the required improvement is unreasonable to Formlabs, or the improvement is refused. In case of failure to repair, the Customer is entitled to cancel their contract and return the Formlabs Product for a full refund or to a partial refund in proportion to the limitation of use.

11.9 If, with Customer’s consent, we opt to send Customer a new or refurbished replacement Hardware Product or part, upon receipt of the replacement Hardware Product or part, the original Hardware Product or part becomes the property of Formlabs, and Customer agrees to follow instructions, including, if required, arranging the return of the original Hardware Product or part to Formlabs in a timely manner.

11.10 Where Hardware repairs may not be performed at a service location or through DIY Service, We may elect to provide on-site Service or technical support for covered Hardware Products. In the absence of a separate service plan, Formlabs reserves the right to bill for the reasonable transportation costs associated with the on-site Services. On-site services will be conducted by an authorized representative of Formlabs or a designated third party Service Provider, at Formlabs’ sole discretion. After they arrive, representatives will deliver on-site service, as determined by representatives, until the products are repaired. Work may be suspended temporarily if parts or additional resources are required, and will resume when they become available. Formlabs reserves the right to charge an additional fee for any on-site repair or service that is not covered by this Warranty or an active service plan. 

11.11 Customers are responsible for the backup or removal of any data stored on the Formlabs Products when returning Products for Warranty Service. Formlabs is not liable for any loss of data unless caused by intentional or grossly negligent actions on behalf of Formlabs.

11.12 All Warranty claims expire after one (1) year unless the Customer purchases the service plan or Extended Warranty option as available. In the case of an Extended Warranty, the coverage will extend for an additional period denoted by the product purchased ("Extended Warranty Period") to run consecutively with the initial Warranty Period and may be subject to additional terms and conditions. Any Extended Warranty or service plan is offered independently from this Warranty and does not modify these terms. Each Extended Warranty or service plan may only be purchased and applied to a specific covered Hardware Product(s) and are not applicable to any other Hardware Products Customer may own. The limitation periods of the applicable statutes (e.g. § 438 BGB) apply to any contractual or non-contractual claims for damages based on defects in the goods, unless application of the statutory period of limitation would result in a shorter statutory limitation in individual cases (§§ 195, 199 BGB). Any claims for damages by the purchaser pursuant to Sections 11.1 and 11.3 as well as under the Product Liability Act shall become statute-barred exclusively according to the statutory limitation periods. To the extent that Formlabs offers an Extended Warranty or service plan as an additional service, the terms of the Extended Warranty or service plan apply.

11.13 In addition, the limitations in liability listed in Section 11 apply.

11.14 When you have Open Material Mode installed on your Formlabs printer, the following failure modes are additionally excluded from this Limited Warranty a) resin spills; b) any type of resin tank damage, wear, or leak; c) wiper damage, wear, decoupling, or slow speeds; d) build platform damage; e) any damage to Hardware Products caused by the evaporation of volatile ingredients in resin; and f) any other damage to Hardware Products caused by Non Formlabs Resins.

11.15 The details for Repair or Replacement service will be provided at the time of use or listed on the Formlabs website. To request service, Customers should submit a ticket at support.formlabs.com.

11.16 With the exception of Fuse 1®, Fuse Sift®, and Fuse Blast™ (the “Fuse Ecosystem”) hardware products, Formlabs has a thirty (30) day return policy. Within thirty (30) days from delivery, the Customer may withdraw from the Contract by contacting [email protected] and requesting a return. After thirty (30) days, we do not accept returns. Formlabs will refund the amount paid minus the costs of shipping and 10% restocking fee (if applicable) once the returned Product has been received. SLA Printers may be returned in any condition; provided that Formlabs will not accept the return of any printers that have been intentionally damaged. All other Products must be unused, undamaged, complete with all parts and accessories, in the same condition Customer received them, and in their original, unopened packaging. All sales including or related to the Fuse Ecosystem are final. 

12.1 Formlabs shall be liable for damages caused by gross negligence or intentional damage by Formlabs, its legal representatives, or vicarious agents in accordance with § 278 BGB. Formlabs is only liable up to the amount of damages as typically foreseeable at the time of entering the Terms in respect of damages caused by a slightly negligent breach of a material contractual obligation, i.e. a contractual duty the fulfillment of which is essential for the proper execution of the contract, the breach of which endangers the purpose of the Terms and on the fulfillment of which Customer would customarily rely on.

12.2 In the case of damages resulting from injury to life, limb, and health as well as under the Product Liability act, Formlabs shall be fully liable in accordance with the applicable legal provisions.

12.3 Formlabs shall not be liable for damages caused by a slightly negligent breach of a non-material contractual obligation. Formlabs shall never be liable for damages resulting from improper use, faulty operation, improper repair or maintenance, or any other interventions done on behalf of Customer by Third Parties or by Customer not according to instruction from Formlabs. This exclusion applies to any disregard of installation or operation instructions, failure to maintain the Products according to Formlabs instruction, use of inappropriate equipment, and any use of Third Party materials, hardware, or software. This exclusion further applies to any avoidable chemical, electrochemical or electrical influences, and the like.

13.1 If any conditions of the present Terms are held invalid or ineffective, the validity and effectiveness of the remaining provisions shall remain in force and unaffected to the extent possible.

13.2 Formlabs is entitled to modify or change these Terms for any reason or without reason, as far as this does not disadvantage Customer in good faith. Changes apply to all future purchases. Changes will be announced by publication at formlabs.com/eu/terms-of-service/ or notification via the email address associated with the account. Changes to the terms of this Agreement are permissible if changes to the Products or Services offered result in new regulatory requirements. In particular, changes are acceptable where new Products or Services are offered or if changes in legislation or jurisdictions affect the terms. So long as Customer does not object to the validity of the new Terms within two (2) weeks of notification, the modified Terms shall be deemed accepted. In announcing any changes, Formlabs will include reference to the option to object, the deadline in place, and any resulting legal consequences, in particular those consequences attaching to an acceptance. In the case of an objection, the original Terms shall apply until termination.

13.3 With respect to any use of the Services, including the registration on formlabs.com, either party may terminate this agreement at any time.

13.4 The exclusive place of jurisdiction for all disputes arising from or in connection with this contract is Berlin-Pankow, so far as Customer is a Merchant in accordance with the German Commercial Code, a legal entity under public law, or a public separate estate under public law. The same applies if Customer does not have a general place of jurisdiction in Germany.

13.5 Customer is not entitled to assign any claims under this Agreement.

13.6 This contract shall be Governed under the laws of Germany, to the exclusion of the application of the UN Sales Convention and the conflicts of law rules of private international laws.

13.7 The EU Commission provides an internet platform for the online settlement of disputes (“OS-Platform”). The OS-Platform is intended as an initial point of contact for the out-of- court settlement of disputes concerning contractual obligations arising from sales contracts. The OS-Platform can be reached at the following link: ec.europa.eu/consumers/odr/.

13.8 Formlabs, is not obliged to and will not participate in out-of-court dispute resolution between Formlabs and Customer, within the meaning of the Consumer Dispute Settlement Act.

13.9 Formlabs products are subject to U.S. and local export control and sanctions laws. Customer agrees to comply with all applicable export and sanctions laws and will not receive, use, transfer, export, or re-export any Formlabs products in violation of such laws or in any way that would cause Formlabs to violate such laws. Customer represents and warrants that it is not, and that is not owned or controlled by or acting on behalf of any other person or entity that is, (i) located, organized, or resident in any jurisdiction subject to comprehensive U.S. or local trade sanctions; or (ii) identified on any export- or sanctions-related restricted party list, including but not limited to the Specially Designated Nationals and Blocked Persons List maintained by the U.S. Department of the Treasury’s Office of Foreign Assets Control and the Entity List maintained by the U.S. Department of Commerce’s Bureau of Industry and Security. Customer agrees not to provide any information, data, technology, models, documents, or other materials (collectively, "Materials") to Formlabs that are restricted by any United States or international export control law, including the International Traffic in Arms Regulations and Export Administration Regulations, other than Materials classified as “EAR99” under the Export Administration Regulations.

13.10 Customer agrees not to use Formlabs' website or Products to transmit data concerning health, as defined in the GDPR or other similar laws. Formlabs shall not be liable for any transmission of data concerning health in violation of the preceding sentence.

13.11 If Customer is or becomes aware of a situation regarding Formlabs or its products that Customer believe involves unlawful or suspected unlawful acts or omissions, as well as other abuses, Customer may make a confidential report by emailing [email protected] or sending a letter to:

Formlabs Inc.
Attn: Legal Department
35 Medford Street
Somerville, Massachusetts 02143
USA