Pro Service Plan Terms of Service for the Form 2.

 

The Form 2 Pro Service Plan (the “Plan”) is applicable for your Formlabs Form 2 (the “Product”). The Plan is governed by the following agreement (the “Agreement”) between CREAT3D Ltd (“CREAT3D”) and you (“Customer” or “you”).

 

Scope

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 or the terms and conditions of Formlabs' Extended Warranty that may be purchased.

 

Eligibility and Coverage Period

At its sole discretion, CREAT3D may choose to offer, extend, or renew the Plan from time-to-time and on a case-by-case basis. The Plan is offered for a specific identified Product and begins either when the Plan is purchased or when the Product is shipped by CREAT3D to you, whichever is later (“Coverage Start Date”). The Plan continues for one or two years from the Coverage Start Date, depending on the Plan purchased, unless otherwise renewed or extended, (the “Coverage Period”). This plan is only available to CREAT3D customers based in the UK. Plan is available to purchase within 30 days of the original Product purchase date.

 

Transferability

Except for Replacement Units, as discussed below, each Plan covers a specific Product and may not be transferred to another Product or to another Customer. The Plan 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 the Plan is also refundable.

 

Priority Customer Service

Customers under the Plan will receive priority access to CREAT3D Technical Support (“Support”) during the Coverage Period. Under the Plan, CREAT3D will make reasonable commercial efforts to provide a response to requests for support made by you within 4 business hours. (Business hours are 08:30 to 18:30 Monday to Friday, excluding Bank Holidays). Support requests under the Plan must be made via the CREAT3D Technical Helpdesk at help@creat3d.co.uk which may be amended from time-to-time without prior notice.

 

Customer Service by Phone Hotline Support

Customers under the Plan may contact Support via telephone with support requests (“Hotline Support”) during CREAT3D Customer Support’s operating hours. Telephone numbers and operating hours may be found at https://www.desktop3dprinter.com/support.html and may be amended from time-to-time without prior notice. CREAT3D 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.

 

Video Conference Appointments

In addition to telephone calls to Customer Support, Customers under the Plan may contact Support to schedule one video conference appointment during operating hours and subject to availability to receive support. Video Conference Appointment requests should be made via help@creat3d.co.uk 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.

 

“Hot Swap” Service

  1. If Support determines that repair is needed for your Product, and that a mailing service is appropriate, CREAT3D will dispatch a Replacement Product with the same or improved specification as your original Product. CREAT3D will dispatch the Replacement Product by standard courier and will make reasonable commercial efforts to ensure that such replacements are dispatched as soon as possible.
  2. Upon receipt of the Replacement Product, you must return the original Product as instructed by Support, with the issued Authorization Number clearly visible on the outside of the package, within 3 working days. The original Product must be properly packaged for shipment as instructed by CREAT3D using the same packaging as the Replacement Product arrived in or the product’s original packaging.
  3. If the returned Product requires repairs not covered under the limited warranty, has been damaged as a result of failure to follow packaging instructions, or if the Product is no longer within the limited warranty period, 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.
  4. If the original Product is not returned for repair within seven working days, or has been damaged as a result of failure to follow packaging instructions, CREAT3D will charge you the full retail price of the Replacement Product.
  5. Following the return of the original Product, you will retain the Replacement Product. Any applicable warranty or Pro Service Plan will be continued on this Replacement Product until its expiry.

International Coverage

This plan is not available outside of the UK.
 

Cancellation

CREAT3D, at its sole discretion, may terminate this Agreement and refuse to provide further services under the Plan for abusive, inappropriate, or unreasonable behaviour; failure to comply with CREAT3D or Formlabs published policies and procedures; or failure to pay outstanding charges due under this Agreement. In the event that CREAT3D terminates your participation in the Plan, CREAT3D may provide you with a partial refund at its sole discretion.

 

Disclaimers and Limitations on Liability

  1. To the extent permitted by law, CREAT3D will under no circumstances whatever be liable to you, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, arising under or in connection with the contract 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 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 of damage howsoever caused, including the replacement of equipment and property, any costs of recovering, programming, or reproducing any programme or data stored or used with Formlabs products and any failure to maintain the confidentiality of data stored on the product.
  2. Nothing in these terms limit or exclude our liability for: death or personal injury caused by our negligence, fraud or fraudulent misrepresentation, breach of the terms implied by section 12 of the Sale of Goods Act 1979 (title and quiet possession) or defective products under the Consumer Protection Act 1987.
  3. Force Majeure. CREAT3D 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 labour disputes, embargoes, government orders or any other force majeure event.

Enforcement and Entire Agreement

A contract and any dispute or claim arising out of or in connection with it or its subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the law of England and Wales.  Both you and CREAT3D irrevocably agree that the courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim arising out of or in connection with a contract or its subject matter or formation (including non-contractual disputes or claims).