The following terms of sale apply to all direct purchases from 3D Laboratories, LLC (hereinafter “3DLabs”) by phone or the 3DLabs’ website: www.3DLABS.io. These terms do not apply to purchases made through authorized resellers. Please contact authorized resellers for their terms.
PLEASE READ THIS DOCUMENT CAREFULLY! IT CONTAINS VERY IMPORTANT INFORMATION ABOUT YOUR RIGHTS AND OBLIGATIONS, AS WELL AS LIMITATIONS AND EXCLUSIONS. THESE TERMS REQUIRE THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS OR CLASS ACTIONS. IF YOU DO NOT AGREE WITH THESE TERMS, DO NOT ORDER YOUR PRODUCT.
These Terms of Sale (“Agreement”) apply to your purchase of products and/or services and support (“Product”) sold in the United States by 3DLabs. By placing your order for Product, you accept and are bound to the terms of this Agreement.
If you have placed an order but do not wish to be subject to these Terms of Sale, you must promptly cancel your order via phone before it ships and becomes non-cancellable or return your purchase in accordance with 3DLabs’ Return Policy below.
This Agreement may NOT be altered, supplemented, or amended by the use of any other document(s) unless otherwise agreed to in a written agreement signed by both you and 3DLabs. If you do not receive an invoice or acknowledgment in the mail, via e-mail, or with your Product, information about your purchase may be obtained by contacting your sales representative or 3DLabs.
Customer may return their printer within 7 days of the received date for a refund of their purchase price minus shipping, handling, and up to a 25% restocking fee. Customer must contact 3DLabs directly before they attempt to return the qualifying Product. You must return the qualifying Product to us in its original or equivalent packaging. You are responsible for risk of loss, shipping and handling fees for returning or exchanging Product. If you fail to follow the return or exchange instructions and policies provided by 3DLabs, 3DLabs is not responsible for Product that is lost, damaged, modified or otherwise processed for disposal or resale. At 3DLabs’s discretion, credit for partial returns may be less than invoice or individual component prices due to bundled or promotional pricing. If the printer is in any condition other than reasonable wear and tear, as determined by 3DLabs, Customer may be liable for additional repair costs based on a reasonable time and material basis, which costs will be deducted from any credit or refund Customer receives.
Terms of payment are within 3DLabs’s sole discretion, and unless otherwise agreed to by 3DLabs, payment must be received by 3DLabs prior to 3DLabs’s acceptance of an order. Payment for the products will be made by credit card, wire transfer, purchase order or some other prearranged payment method agreed to by 3DLabs in writing. Invoices are due and payable within the time period noted on your invoice, measured from the date of the invoice. 3DLabs may invoice parts of an order separately. Your order is subject to cancellation by 3DLabs, at 3DLabs’s sole discretion. Unless you and 3DLabs have agreed to a different discount, 3DLabs’s standard pricing policy for 3DLabs-branded products allocates the discount off list price applicable to the service portion of the system to be equal to the overall calculated percentage discount off list price on the entire system. 3DLabs is not responsible for pricing, typographical, or other errors in any offer by 3DLabs and 3DLabs reserves the right to cancel any orders arising from such errors. Invoices must be paid within 30 days of the invoice date unless otherwise arranged.
Customer is responsible for payment of shipping, handling, and taxes, which in addition to the product price, unless otherwise expressly indicated by 3DLabs at the time of sale. Title to products passes from 3DLabs to Customer upon shipment to Customer, subject to Customer’s payment in full for the products. Loss or damage that occurs during shipping by a carrier selected by 3DLabs is 3DLabs’s responsibility. Loss or damage that occurs during shipping by a carrier selected by you is your responsibility. You must notify 3DLabs within Three (3) business days after receipt of your ordered product if you believe any part of your purchase is missing, wrong or damaged. Unless you provide 3DLabs with a valid and correct tax exemption certificate applicable to your purchase of Product and the Product ship-to location, you are responsible for sales and other taxes associated with the order. Shipping and delivery dates are estimates only.
3DLABS MAKES NO OTHER WARRANTIES FOR 3DLABS-BRANDED PRODUCTS AND MAKES NO WARRANTIES WHATSOEVER FOR SERVICE, SOFTWARE, MAINTENANCE, OR SUPPORT OR FOR NON-3DLABS BRANDED PRODUCTS. SUCH PRODUCT, SOFTWARE, SERVICE, MAINTENANCE OR SUPPORT IS PROVIDED BY 3DLABS “AS IS” AND ANY THIRD-PARTY WARRANTIES, PRODUCTS, SOFTWARE, SERVICES, MAINTENANCE OR SUPPORT ARE PROVIDED BY THE ORIGINAL MANUFACTURER OR SUPPLIER, NOT BY 3DLABS. SOME STATES DO NOT ALLOW LIMITATIONS OF IMPLIED WARRANTIES, SO THESE LIMITATIONS MAY NOT APPLY TO YOU. 3DLABS MAKES NO EXPRESS WARRANTIES EXCEPT THOSE STATED IN 3DLABS’S APPLICABLE 3DLABS-BRANDED WARRANTY IN EFFECT ON THE DATE OF THE INVOICE, PACKING SLIP, OR ACKNOWLEDGEMENT. 3DLABS-BRANDED WARRANTIES AND SERVICES ARE EFFECTIVE ON PAYMENT IN FULL, AND 3DLABS IS NOT OBLIGATED TO HONOR ANY WARRANTY OR PROVIDE SERVICE UNTIL 3DLABS RECEIVES PAYMENT IN FULL. 3DLABS MAY REQUEST CANCELLATION OF THIRD-PARTY-BRANDED SOFTWARE LICENSES, SERVICES, MAINTENANCE OR SUPPORT IF 3DLABS DOES NOT RECEIVE PAYMENT. IF YOU PURCHASE THIRD-PARTY-BRANDED PRODUCTS, SERVICES, MAINTENANCE, OR SUPPORT, ADDITIONAL THIRD-PARTY TERMS AND CONDITIONS MAY APPLY.
Please review the product documentation before seeking warranty service from 3D Laboratories LLC, also known as 3D Labs. If you encounter any issues with your product despite following the documentation, you may contact us for assistance. However, if you purchased the product through a reseller, we may direct you to them for help. It is important that you assist us in identifying and diagnosing any issues with your product and follow our warranty processes and procedures. Please note that our warranty service is only available within the fifty states of the United States of America and the District of Columbia.
Subject to the exclusions listed below and in accordance with the product documentation, 3D Labs warrants its products against workmanship defects for the duration of the applicable warranty period, provided that the product was used under normal conditions. If you make a valid claim within the warranty period, 3D Labs may, at its sole discretion and to the extent permitted by law, provide one of the following remedies:
Within ninety days from the date of shipment to the original purchaser, 3D Labs may, at its option, repair a hardware defect at no charge using new or refurbished replacement components, provide you with new or refurbished user-installable replacement components, exchange the product with a new or reconditioned one that is functionally equivalent to the original product, or refund the purchase price of the product. If we choose to repair a product after the expiration of this warranty period but while the components warranty below is still in effect, we will do so for the applicable labor charge.
Within twelve months from the date of shipment to the original purchaser, 3D Labs will supply you with new or refurbished replacement product components in exchange for components determined by 3D Labs to be defective. A replacement component, including a user-installable component that has been installed in accordance with our instructions, assumes the remaining warranty of the original product or ninety days from the date of replacement or repair (or the date on which we shipped user-installable replacement components to you), whichever provides longer coverage. Components provided by us in fulfillment of the exclusive limited warranty must be used only in the product for which you have claimed warranty service.
When a product or product component is exchanged under the exclusive limited warranty, any replacement item becomes your property, and the replaced item becomes our property. You agree to follow our instructions, including, if required, arranging the return of the original item to us in a timely manner. If we do not receive the original item in a timely manner, we reserve the right to: (i) block the original product or any product associated with an exchanged component from being operational; and/or (ii) decline any and all future orders from you until the component is returned; and/or (iii) engage a collections agency for assistance. When a refund is issued, the item for which the refund is provided must first be returned to us before we issue the refund, and the item becomes our property upon receipt.
You are responsible for all shipping costs associated with returning a defective product or component to us. If we determine that a product or component is eligible for warranty coverage, we will ship the replacement item back to you at our expense. If we determine that the item is not eligible for the warranty, we will return it to you at your sole cost and expense and may require you to pay such costs prior to shipping.
Please note that any information stored on a product that is repaired or replaced will be deleted, and the storage media will be reformatted as part of the warranty service. Your product will be returned to you configured as originally purchased, subject to applicable updates.
Our service options are subject to change at any time, and availability and response times may vary. To receive warranty service, you may be required to provide proof of purchase details and comply with registration requirements, as required by applicable law.
This limited warranty is exclusive and replaces all other warranties, conditions, terms, undertakings, obligations, and representations, whether oral or written, statutory, express, or implied. 3D Labs expressly disclaims and excludes any and all statutory and implied warranties, conditions, terms, undertakings, obligations, and representations related to or arising in any way out of these terms and your purchase or use of the products, including, without limitation, the implied warranties of merchantability, noninfringement, fitness for a particular purpose, noninfringement of title, or warranties otherwise implied by statute or from a course of dealing or usage of trade. Without limiting the foregoing, 3D Labs does not warrant that the product(s) or any items produced by the products will meet your requirements or expectations. No warranties, whether express or implied, will apply after the expiration of the limited warranty period. Except for the express remedies set forth in this section, neither 3D Labs nor its suppliers will be liable for any damages (whether direct, indirect, consequential, special, punitive, or exemplary) in connection with these terms.
This exclusive limited warranty applies only to hardware products that are (i) manufactured by or for 3D Labs that bear a “3D Labs” trademark, trade name, or logo; and (ii) used only with 3D Labs proprietary software and materials. Further, this limited warranty does not apply to: (i) damage caused by use with materials, products, or software not developed by 3D Labs; (ii) damage caused by your negligence or abuse, a catastrophe, a power failure, unusual stress, or by your failure to follow our instructions relating to the product’s use; (iii) damage caused by operating the product outside the permitted or intended uses described in the product documentation; (iv) damage caused by service (including upgrades and expansions) performed by anyone who is not an authorized representative of 3D Labs; (v) a product or product component that has been modified to alter functionality or capability without our prior written permission; (vi) consumable parts, unless damage has occurred due to a defect in workmanship; (vii) cosmetic damage, including but not limited to scratches and dents; or (viii) if a 3D Labs serial number has been removed or altered. This warranty does not apply to any cloud services, offline software, firmware, third-party hardware, or to any third-party software or firmware, whether installed by 3D Labs or a third-party acting on 3D Labs’s behalf.
THE FOREGOING LIMITATIONS OF LIABILITY SHALL APPLY, EVEN IF 3D LABS AND/OR ITS SUPPLIERS HAVE BEEN ADVISED, OR ARE OTHERWISE AWARE, OF THE POSSIBILITY OF DAMAGES IN EXCESS OF SUCH LIMITATIONS. SOME JURISDICTIONS DO NOT ALLOW EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS ON LIABILITY, SO THE LIMITATIONS AND EXCLUSIONS SET FORTH IN THIS SECTION MAY NOT APPLY. IN SUCH CASES, THE LIABILITY OF 3D LABS AND ITS SUPPLIERS SHALL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW. IF ANY PORTION OF THESE SECTIONS IS HELD TO BE INVALID, THE INVALIDITY OF SUCH PORTION SHALL NOT AFFECT THE VALIDITY OF THE REMAINING PORTIONS OF THE APPLICABLE SECTIONS.
Any software provided with your ordered product(s) is subject to the separate software license agreement accompanying or made available to you in connection with the software and product(s) ordered. With respect to software made available to you by 3DLabs in connection with it products, if no license terms accompany the software, then subject to your compliance with the terms set forth in this Agreement, 3DLabs hereby grants you a personal, nonexclusive license to access and use such software only during the use of the product you have ordered and solely as necessary for you to enjoy the benefit of the product you have ordered. If you have purchased a Service Contract from 3DLabs, the terms and conditions as stated in the applicable Service Contract(s) shall apply in addition to these terms. A portion of the software may contain or consist of open-source software, which you may use under the terms and conditions of the specific license under which the open-source software is distributed. You agree that you will be bound by any and all such license agreements. Title to software remains with the applicable licensor(s).
3DLabs’s seeks to improve, update and revise its products on an ongoing basis. Consequently, 3DLabs may revise and discontinue any of its products at any time without notice to you. 3DLabs will ship a Product that has the functionality and performance of the Product ordered, but changes between what is shipped and what is described in a specification sheet or catalog are possible.
In addition to these Terms of Sale, 3DLabs and/or your third-party service provider (if any you may utilize) may provide such service and support to you in accordance with terms and conditions of 3DLabs Service or as otherwise delivered to you. 3DLabs and/or your third-party service provider may in their discretion revise their general and optional service and support programs and the terms and conditions that govern them without prior notice to you. Your purchase of services is pursuant to this Agreement and the terms and conditions of 3DLabs Service Descriptions, if applicable, published online at the time of your purchase. 3DLabs has no obligation to provide service or support until 3DLabs has received full payment for the Product or service/support contract you purchased. 3DLabs is not obligated to provide third-party branded service or support, or service or support for any products or services that you purchased through a third-party and not 3DLabs. 3DLabs will have no liability for loss or recovery of data, programs, or loss of use of the system(s) arising out of the services or support or any act or omission, including negligence, by 3DLabs or your-third-party service provider. 3DLabs is not responsible for, nor shall it have any liability for actions or service provided by your third-party service provider relative to products purchased from 3DLabs. 3DLabs and/or your third-party service provider are not permitted by law to copy pirated or copyrighted materials or to copy or handle illegal data. Prior to 3DLabs and/or your third-party service provider providing service or support, you represent that your system(s) does not contain illegal files or data. You also represent that you own the copyright or have a license to make copies to all files on your system and do not have any data that would cause 3DLabs or your third-party service provider to be liable for copyright infringement if such data was copied by 3DLabs and/or your third-party service provider. Parts used by 3DLabs in repairing or servicing Product(s) may be new, equivalent-to-new or reconditioned. 3DLabs makes no warranty of any kind relating to parts acquired by or on your behalf from a person or entity other than 3DLabs. Use of third-party parts in your 3DLabs product(s) will void any warranty you have.
In carrying out its obligations, 3DLabs, or its third-party subcontractors, may at its discretion and solely for the purposes of monitoring the quality of 3DLabs’s response, record part or all of the calls between you and 3DLabs. You consent to have your calls with 3DLabs or its third-party subcontractors monitored or recorded.
3DLABS DOES NOT ACCEPT LIABILITY BEYOND THE REMEDIES SET FORTH HEREIN, INCLUDING BUT NOT LIMITED TO ANY LIABILITY FOR PRODUCT NOT BEING AVAILABLE FOR USE, LOST PROFITS, LOSS OF BUSINESS OR FOR LOST OR CORRUPTED DATA OR SOFTWARE, OR THE PROVISION OF SERVICES AND SUPPORT. EXCEPT AS EXPRESSLY PROVIDED HEREIN, 3DLABS WILL NOT BE LIABLE FOR ANY CONSEQUENTIAL, SPECIAL, INDIRECT, OR PUNITIVE DAMAGES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR FOR ANY CLAIM BY ANY THIRD PARTY. YOU AGREE THAT FOR ANY LIABILITY RELATED TO THE PURCHASE OF THE PRODUCT, 3DLABS IS NOT LIABLE OR RESPONSIBLE FOR ANY AMOUNT OF DAMAGES ABOVE THE AMOUNT INVOICED FOR THE APPLICABLE PRODUCT(S). SOME JURISDICTIONS MAY NOT ENFORCE ALL OF THESE LIMITATIONS, AND ONLY THE LIMITATIONS THAT ARE LAWFULLY APPLIED TO YOU IN YOUR JURISDICTION WILL APPLY.
You agree to comply with all applicable laws and regulations of the various states and of the United States. You agree and represent that you are buying for your own internal use only, and not for resale or export. 3DLabs has separate terms and conditions governing the resale of Products by third parties and transactions outside the United States. Only resellers authorized by 3DLabs may offer 3DLabs Products for resale. Product(s), which may include technology and software, is subject to U.S. export laws as well as the laws of the country where it is delivered or used. Product may not be sold, leased, or transferred to restricted countries, restricted end-users, or for restricted end-users. You agree that the Product(s) purchased from 3DLabs will not be used for activities related to manufacture of ghost guns or and form of illegal weapons, parts for illegal weapoons, weapons of mass destruction, including activities related to the design, development, production, or use of nuclear materials, nuclear facilities, or nuclear weapons, or chemical or biological weapons. You further agree that you will not sell, lease, rent, lend, license, or otherwise transfer Products to end-users engaged in these activities.
THE PARTIES AGREE THAT THIS AGREEMENT, ANY SALES THEREUNDER, OR ANY CLAIM, DISPUTE OR CONTROVERSY (WHETHER IN CONTRACT, TORT, OR OTHERWISE, WHETHER PREEXISTING, PRESENT OR FUTURE, AND INCLUDING STATUTORY, CONSUMER PROTECTION, COMMON LAW, AND EQUITABLE CLAIMS) BETWEEN CUSTOMER AND 3DLABS arising from or relating to this Agreement, its interpretation, or the breach, termination or validity thereof, the relationships which result from this agreement, 3DLabs’s advertising, or any related purchase SHALL BE GOVERNED BY THE LAWS OF THE STATE OF FLORIDA, WITHOUT REGARD TO CONFLICTS OF LAW. Venue for any disputes will be in the County of St Johns, State of Florida.
YOU AND 3DLABS ARE AGREEING TO GIVE UP ANY RIGHTS TO LITIGATE CLAIMS IN A COURT OR BEFORE A JURY OR TO PARTICIPATE IN A CLASS ACTION OR REPRESENTATIVE ACTION WITH RESPECT TO A CLAIM. OTHER RIGHTS THAT YOU WOULD HAVE IF YOU WENT TO COURT, SUCH AS ACCESS TO DISCOVERY, MAY ALSO BE UNAVAILABLE OR MAY BE LIMITED IN ARBITRATION.
ANY CLAIM, DISPUTE, OR CONTROVERSY (WHETHER IN CONTRACT, TORT, OR OTHERWISE, WHETHER PREEXISTING, PRESENT OR FUTURE, AND INCLUDING STATUTORY, CONSUMER PROTECTION, COMMON LAW, INTENTIONAL TORT, INJUNCTIVE AND EQUITABLE CLAIMS) BETWEEN CUSTOMER AND 3DLABS, its agents, employees, principals, successors, assigns, affiliates (collectively for purposes of this paragraph, “3DLabs”) arising from or relating to this Agreement, its interpretation, or the breach, termination or validity thereof, the relationships which result from this Agreement (including, to the full extent permitted by applicable law, relationships with third parties who are not signatories to this Agreement), 3DLabs’s advertising, or any related purchase SHALL BE RESOLVED EXCLUSIVELY AND FINALLY BY BINDING ARBITRATION ADMINISTERED BY THE AMERICAN ARBITRATION ASSOCIATION (AAA) or JAMS. Arbitration proceedings shall be governed by this provision and the applicable procedures of the selected arbitration administrator, including any applicable procedures for consumer-related disputes, in effect at the time the claim is filed. Consumer claimants (individuals whose transaction is intended for personal, family, or household use) may elect to pursue their claims in small claims court rather than arbitration. The arbitration or small-claims court proceeding will be limited solely to the individual dispute or controversy between customer and 3DLabs.
You agree to an arbitration on an individual basis. In any dispute, NEITHER CUSTOMER NOR 3DLABS SHALL BE ENTITLED TO JOIN OR CONSOLIDATE CLAIMS BY OR AGAINST OTHER CUSTOMERS OR ARBITRATE ANY CLAIM AS A CLASS REPRESENTATIVE, CLASS MEMBER, OR IN A PRIVATE ATTORNEY GENERAL CAPACITY. If any provision of this arbitration agreement is found unenforceable, the unenforceable provision shall be severed, and the remaining arbitration terms shall be enforced (but in no case shall there be a class arbitration).
The arbitrator shall be empowered to grant whatever relief would be available in court under law or in equity. This transaction shall be governed by the Federal Arbitration Act 9 U.S.C. sec. 1-16 (FAA). Any award of the arbitrator(s) shall be final and binding on each of the parties and may be entered as a judgment in any court of competent jurisdiction. 3DLabs will be responsible for paying any individual consumer’s arbitration fees. If you prevail on any claim that affords the prevailing party attorneys’ fees, the arbitrator may award reasonable fees to you under the standards for fee shifting provided by law. For information on AAA or JAMS, contact the following: American Arbitration Association, (800) 7787879, adr.org; JAMS, (800) 352-5267, www.jamsadr.com.
BY COMPLETING YOUR PURCHASE FROM 3DLABS, YOU ACKNOWLEDGE HAVING READ AND UNDERSTOOD THE FOREGOING TERMS AND AGREE TO THEM AS OF THE DATE OF YOUR PURCHASE.