Formlabs Pro Service Plan EU – Terms of Service
Thank you for purchasing the Formlabs Pro Service Plan EU phase (“PSP”) for your Formlabs Form 2 (the “Product”).
PSP is governed by the following service level agreement (the “Agreement”) between Formlabs GmbH (“Formlabs”) and you (“Customer” or “you”).
PSP 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. The Plan and all expressly referenced documents do not diminish any rights arising from consumer protection laws.
Priority Customer Service
Customers under PSP will receive priority access to Formlabs Customer Support (“Support”) during the Coverage Period. Under PSP, Formlabs will provide an initial response to requests for support made by you within 5 business hours (Business hours are 9:00 AM to 5:00 PM CET, excluding weekends and German federal holidays.), subject to availability.
Support requests under the Plan must be made as using Formlab’s ticket system directed at formlabs.com/psp/contact/, which may be amended from time-to-time without prior notice.
Customer Service by Phone Hotline Support
Customers under PSP may contact Support via telephone with support requests (“Hotline Support”) during Formlabs Customer Support’s operating hours. RECORDED LINE Telephone numbers, operating hours, and directions may be found at formlabs.com/psp/phone/ and may be amended from time-to-time without prior notice.
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.
Customized Training Sessions (Video Conference Appointments)
In addition to telephone calls to Customer Support, Customers under PSP may contact Support to schedule one thirty minute video conference appointment during operating hours and subject to availability, during the Coverage Period (“Video Conference Appointment”). Video Conference Appointment requests should be made as directed at formlabs.com/psp/training/, which may be amended from time-to-time without prior notice.
Video Conference Appointment may be subject to change based on availability and may be limited to a reasonable length. Formlabs will initiate Video Conference Appointment by placing a video conference call within Europe using Google Hangouts or a similar service provided by Formlabs.
Expedited “Printer Replacement” Service
If Support determines that repair may be needed for your Product, and that mail-in service is appropriate, Formlabs will make reasonable commercial efforts to dispatch a new or refurbished Replacement Product with the same or improved specification as your original Product. 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 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 the product’s original packaging.
If the returned Product requires repairs not covered under the limited warranty, or if the Product is no longer within the limited warranty period, and if statutory warranty rights are no longer in effect, you shall be responsible for the reasonable costs, including shipping, to make any out-of-warranty 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 seven business days, Formlabs will charge you the full retail price of the Product.
Coverage of Replacement Units
Any Replacement Unit provided by Formlabs under the Plan shall be covered by the Plan for the remaining Coverage Period of the original Product.
Unavailability of Replacement Unit
If no replacement unit is available, Formlabs will repair the Product in accordance with the statutory warranty rights and terms and conditions of Formlabs’ limited warranty that accompanies the Product.*
Services that are Subject to Availability
In case one of the above mentioned services is subject to availability, Formlabs will inform you immediately if this service is not available and will reimburse you accordingly if you already paid this service.
Eligibility and Coverage Period
Formlabs may choose to offer, extend, or renew the Plan from time-to-time and on a case-by-case basis. In case Formlabs decides to change the Plan as mentioned before, Formlabs will inform the Customer about this decision. The change becomes effective unless the user contradicts within six weeks.
PSP is offered for a specific identified Product and begins when PSP is purchased (Coverage Start Date). The PSP continues, unless otherwise renewed or extended, for a period of one year from the Coverage Start Date of the Plan (the “Coverage Period”). PSP is only eligible for Customers or Products located inside of Europe.
Except for Replacement Units, as discussed, each PSP covers a specific Product and may not be transferred to another Product or to another Customer. PSP may not be resold and is non-transferable and non-refundable, unless the Product is returned in accordance with Formlabs Return Policy, in which case the cost of PSP is also refundable.
Formlabs, at its sole discretion, may terminate this Agreement and refuse to provide further services under the Plan 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. The Customer’s right to terminate without notice for good cause remains unaffected.
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 contract and as long as Formlabs is required to keep such data in accordance with applicable law.
Formlabs shall not make available any personal data of the Customer to other third parties without the express consent of the Customer, except to the extent that a disclosure is required under applicable law.
Contact partners for questions regarding this contract are:
Formlabs shall not be liable (on whatever legal grounds) for damages which may not reasonably be foreseen, assuming a normal use of the product. Furthermore, Formlabs liability shall be excluded for damages resulting out of a loss of data if their recovery is not possible or impeded due to a failure to perform appropriate data back-up procedures. The foregoing limitations of liability shall not apply in cases of wilful misconduct or gross negligence or in case of a violation of substantial contractual obligations by Formlabs.
The provisions of this Section shall not apply with respect to our liability for guaranteed product specifications (within the meaning of Sec. 444 of the German Civil Code), personal injury or under the German Product Liability Act.
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
Any contracts entered into between Formlabs and a 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 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 Customer may file suit before any court of competent jurisdiction under applicable law.
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.