3D Printing Systems Terms and Conditions of Sale

1.) GENERAL

These Terms and Conditions of Sale and any attachments govern the sale of products purchased hereunder prevail over any conflicting or inconsistent terms and conditions appearing on any the purchase order submitted by the buyer. No change or modification of these Terms and Conditions shall be valid or binding on either party unless in writing and signed by an authorized representative of each party, as part of or modification to the quotation.

2.) DELIVERY

3D PRINTING SYSTEMS will see to it that reasonable means will be exhausted to meet the shipment dates quoted, although we will not be liable for any special, incidental, or consequential damages resulting from delivery delays or inability to deliver. Deliveries are F.O.B. 3D PRINTING SYSTEMS shipping dock and the prices quoted include customs duties and delivery insurance. If the buyer chooses to contract their own freight carrier, title and risk of loss shall pass to the buyer upon pick-up of the freight carrier. In the absence of specific written instruction from the buyer, 3D PRINTING SYSTEMS will select the common carrier. The buyer shall be responsible for any freight charge and any insurance charge. Buyer is responsible for lowering machine off the truck or indicating proper delivery instructions with 3D PRINTING SYSTEMS, misinformation given to 3D PRINTING SYSTEMS regarding proper delivery instructions, and as a result extra shipping fees are incurred, these fees will pass on to the Buyer. If the products are shipped freight prepaid, the buyer shall pay 3D PRINTING SYSTEMS the appropriate freight and insurance charges, which will be shown as separate items on the invoice. Allow 2-3 weeks from purchase date and/or check clearance to ship out the product. Delivery of product date will depend on the reasonable means of the carrier and the distance of the drop-off location. In certain cases, additional time may be needed for holidays and weekends. 3D PRINTING SYSTEMS will make every attempt to keep the buyer informed prior to making a purchase if additional time is needed. 3D PRINTING SYSTEMS WILL ONLY REFUND THE BUYER FOR LIFTGATE AND/OR RESIDENTIAL DELIVERY IN THE EVENT THE CARRIER HAS FAILED TO PROVIDE THESE ADDITIONAL SERVICES THAT WERE PRE-PURCHASED FROM THE BUYER. IN THE EVENT THE BUYER CHOOSES TO PICK UP PRODUCTS OR MACHINE AT CARRIER’S DROP OFF LOCATION “AFTER” PURCHASING LIFT-GATE AND/OR RESIDENTIAL SERVICE-BE AWARE THAT A REFUND WILL NOT BE GIVEN BY THE CARRIER OR 3D PRINTING SYSTEMS AS THE ORDER FOR THESE SERVICES HAS BEEN PRE-PAID AND ARE INCLUDED IN THE CARRIER’S ITINERARY FOR DELIVERY. IF THE BUYER CHOOSES TO PICK UP AFTER PURCHASING SAID ADDITIONAL TRANSPORTATION SERVICES, THE BUYER WILL RELEASE 3D PRINTING SYSTEMS AND CARRIER FROM ANY LIABILITY ONCE THE BUYER OBTAINS THE MACHINE.

3.) DAMAGE AND SHORT SHIPMENT

In the event products are received damaged, keep all packaging material and contact both the carrier and 3D PRINTING SYSTEMS in writing within THREE working days. In the event 3D PRINTING SYSTEMS 3d printers and other machinery is noticeably damaged, this may include broken crating or torn wrap, the buyer MUST indicate in writing on the driver’s release records: “SHIPMENT PACKAGING IS DAMAGED, AND TIME FOR FURTHER INSPECTION OF PRODUCT WILL BE NEEDED TO FILE A CLAIM IN THE EVENT THE PRODUCT IS ALSO DAMAGED.”

This will give the buyer time to unwrap or unbox the machine for inspection. The buyer should also take additional precautions by taking pictures of the noticeable damage prior to examining the machine. Signing the driver’s form without adding this statement will release the driver or the shipping company from taking responsibility for any damage caused to the machine. 3D PRINTING SYSTEMS in this case cannot help the buyer to file a claim to recover the loss of the machine. If the machine without a doubt is visibly damaged, refuse to accept the machine on the grounds that it is damaged. Please call 3D PRINTING
SYSTEMS immediately to file a claim.

4.) PRICES, TAXES, AND PAYMENT

All prices are per unit (except where indicated) are in AU or NZ dollars. All prices are subject to change without notice. Taxes, such as Federal, State, or local, which is the obligation of 3D PRINTING SYSTEMS to collect in connection with the sale or delivery of products described on any attachment shall be paid by the buyer and will appear as separate items on the invoice unless your tax exemption certificate is on file with 3D PRINTING SYSTEMS (Please send the certificate with the first order.) All orders are pre-paid, 3D PRINTING SYSTEMS. Management reserves the right to change or alter prices quoted due to currency fluctuations or human/printing error (as well as Typo’s). Prices are subject to change without notice.

5.) RETURNS

A “Return Authorisation” number must be issued by 3D PRINTING SYSTEMS prior to the return of any goods. Goods returned are to be referenced by this number, or they will not be accepted. All returns are to be sent to 3D PRINTING SYSTEMS, freight prepaid. If payment of product was done by credit card, there is a 3% re-stocking fee. Returned items after 30 days are not allowed. Returned items must be clean, and remain in new condition. Proper packaging for shipping will be the responsibility of the customer for any goods returned within 30 days from the date the machine or products are received. A refund will be given after inspection has been made and goods remain in new condition and are not damaged. If there is any visible shipping damage to the machine, 3D PRINTING SYSTEMS will refuse to accept the machine or other accessories from the carrier. All claims for this matter shall pass on to the buyer to be dealt with the carrier he/she has hired. Any shipping costs (including discounted or free shipping in some cases) incurred by 3D PRINTING SYSTEMS additional shipping, and/or crating charges will be subtracted from the refund. If the buyer discovers that he/she has missing accessories that were purchased, the buyer must notify 3D PRINTING SYSTEMS within THREE business days.

6.) SOFTWARE LICENSE

All software furnished hereunder is licensed by 3D PRINTING SYSTEMS to the buyer on a nonexclusive basis for use by the buyer. The usage by the software is restricted to equipment for which or with which was acquired. Title to the software shall remain with 3D PRINTING SYSTEMS Acquisition of 3D PRINTING SYSTEMS software requires the execution of a separate license agreement.

7.) WARRANTY

7.1 Refer to 3D Printing Systems Warranty
7.2 Refer to 3D Printing Systems Warranty Terms
7.3 Refer to 3D Printing Systems UP Printer Extended Warranty Terms

8.) SAFETY PRECAUTIONS

Buyer shall require customers, employees to use all safety devices, guards, and proper safe operating procedures as set forth in manuals and instruction sheets furnished by 3D PRINTING SYSTEMS. Buyer shall not remove or modify any such device, guard, or sign. It is Buyer’s responsibility to provide all the means that may be necessary to effectively protect him/herself, all people around the machine and employees from serious bodily injury which otherwise may result from the method of particular use, operation, set-up or service of the equipment. If Buyer fails to comply with such provisions of this paragraph or the applicable standards or regulations aforementioned, Buyer shall indemnify and save 3D PRINTING SYSTEMS harmless from and against any and all claims, losses, or damages arising therefrom. It is the responsibility of the Buyer to comply with any and all local codes.

9.) DESCRIPTIONS OF EQUIPMENT

All weights given are estimates, stated as correctly as possible, and any minor deviations shall not invalidate this purchase order. Brochures, photographs, and other illustrations representing the equipment offered are not binding in detail, as improvements are constantly being made in the design. Brochures and web site are subject to change without notice.

10.) ASSIGNMENT

This agreement may not be assigned without the express written consent of the parties hereto. Any attempted assignment of rights or delegation of duties shall be void.

11.) GOVERNING LAW

This agreement shall be construed in accordance with the laws of New Zealand and will govern any disputes regarding the interpretation and or validity of these Terms and Conditions hereof. Any dispute relating to the products sold from 3D PRINTING SYSTEMS hereunder shall be subjected to the jurisdiction of the courts within New Zealand. The provisions of this agreement are divisible and the invalidity or unenforceability of any provision or provisions contained herein shall not in any way affect the validity of this agreement without the invalid or unenforceable provision or provisions.

12.) MERGER CLAUSES

The entire contract is embodied in this writing. There are no understandings, agreements, representations, or warranties, either oral or written, relative to the products, including statements made in or conduct implied from past dealings that are not fully expressed herein. No oral or any another form of statement subsequent to the acceptance of the purchase order purporting to modify the said terms and conditions shall be binding unless consented to in writing by a duly authorised officer of 3D PRINTING SYSTEMS in a document making specific reference to this transaction or after a the transaction has been made.

3D Printing Systems Warranty

In these terms and conditions, 3D Printing Systems refers to the issuer of Your Warranty as ‘3DPS‘.

Definitions

Breakdown – means a breakdown of a covered Item, whether a result of mechanical issues or electrical issues that affects the functionality or operation of the Covered Item.

Covered Item – means the item identified on Our Tax Invoice, being an UP Product which You purchased from 3DPS or a 3DPS Authorised Reseller.

3DPS Warranty – means warranty for the Covered Item, the terms, conditions and Exclusions of which are set out in this document.

Dollar Limits – the maximum amount payable by Us under this 3DPS Warranty will be the original Purchase Price of Your Covered Item (inclusive of GST) per claim.

Exclusions – means the circumstances that are not covered by the 3DPS Warranty as set out in these terms and conditions.

Purchase Price – means the purchase price of the Covered Item specified on the Tax Invoice, inclusive of GST.

Replacement Terms – means the paragraphs in this document under the heading “Replacement Terms”.

Tax Invoice – means the tax invoice that 3DPS or it’s Authorised Reseller issued to You for the Covered Item You have purchased.

3DPS – means 3D Printing Systems or one of their authorised resellers from whom You purchased the Covered Item.

You, Your – means the purchaser to whom 3DPS or their authorised Reseller has issued a Tax Invoice.

Warranty

Subject to the Exclusions and Dollar Limits, 3DPS Warranty provides You with peace of mind for any Breakdown of Your Covered Item, whether as a result of mechanical issues or electrical issues that affect the functionality or operation of Your Covered Item. This means that, under the 3DPS Warranty, if a Covered Item suffers a Breakdown at any time during the term of Your warranty period, the Covered Item will be repaired or replaced. Your remedies under 3DPS Warranty During the period of 3DPS Warranty, if You choose to make a claim under the 3DPS Warranty and it suffers a Breakdown that does not fall within the categories of Exclusions, then 3DPS will, at Our discretion:

Repair the Covered Item; or
Replace the Covered Item in accordance with our Replacement Terms.

Kit Warranty

Most kits are successfully constructed with few problems; however, once the kit is under

construction all warranty is void, as we cannot guarantee assembler’s workmanship or components that have been used.

Repair

3DPS will usually attempt to repair the Covered item in the first instance, in which case 3DPS will work with you to identify the nature of the issue by phone or email and where possible supply the replacement parts to you. Alternatively, 3DPS will direct You to the nearest service centre. However, 3DPS will not always elect to repair the Covered Item (for example, if 3DPS determine that repairs are unlikely to be effective or economical) and in those cases, 3DPS will replace the item in accordance with the Replacement Terms.

Repair Notice: You should be aware that, in some circumstances, goods presented for repair may be replaced by refurbished goods of the same type rather than being repaired. Refurbished parts may be used to repair the goods.

Replacement Terms

If 3DPS elect to replace the Covered Item then 3DPS will replace the Covered Item with an identical item or, if an identical item is not available, an item with equivalent specifications to the Covered Item. The cost of replacement will not exceed the original Purchase Price of the Covered Item.

Note: The replacement product 3DPS supply may have a lower selling price than the Covered Item and is a replacement based on equivalent specifications. Replacement of a Covered Item is not limited to the original manufacturer’s brand due to availability of products and changes in technology. Where the original brand is no longer available for any reason, 3DPS may supply an equivalent product.

What is the duration of the 3DPS Warranty?

3DPS Warranty commences on the date of purchase of the product and ceases when either of the following occurs:

The date that is twelve (24) months after the date of purchase for printers; or
The date is three (3) months after the date of purchase for parts, consumables and accessories and the like.

The original warranty period of any product, which has been either repaired or replaced, will not be extended beyond the original warranty period.

What if I sell the Covered Item?

If You sell the Covered Item, 3DPS Warranty cannot be transferred to the new owner.

What are the limits to Our liability under the 3DPS Warranty?

Dollar Limits

The maximum amount payable by Us under the 3DPS Warranty will be the original Purchase Price of Your Covered Item (inclusive of GST) per claim. 3DPSmay avoid or reduce a claim under the 3DPS Warranty if You make any misrepresentation or any fraudulent or dishonest act or omission in connection with the claim.

Exclusions

The following ITEMS, COSTS, and CLAIMS are excluded from cover. There are some costs that are not covered by the 3DPS Warranty and You will have to pay in the event of a claim unless You are able to recover those costs from another person. These are as follows:

If required, you must deliver the Product to the Service Agent at your cost, 3DPS will cover the return cost back to you freight paid. It is at your risk to transport the product to the nearest service centre. If you don’t have the original packaging, this can be purchased at $85+GST + freight. 3DPS do not accept liability for loss or damage;
Any cost associated with access, repair, removal, replacement, installation or reinstallation of the Covered Item, unless this has been approved by Us and where the cost is in addition to the costs of assessment and any freight costs;
Normal maintenance costs, including costs relating to the cleaning, lubrication, alignment, tuning, reprogramming or adjustment to the Covered Item;
Any loss, damage, cost or expense in relation to loss of use or consequential loss resulting from any Breakdown of the Covered Item.

CLAIMS: what are the Exclusions?

3DPS Warranty does not cover any of the following components or specific conditions:

1. Normal Wear and Tear

○ Normal wear and tear is not covered, that is, problems with the operation or functionality of the Covered Item as a result of normal usage within manufacturer’s recommendations; or

○ Nozzles, extruder blocks (part of the print head), platform heaters, perfboards, filament, scrapers, cutters, knives, included tools, accessories, or any part that is affected by wear and tear.

2. Misuse

○ Breakdown as a result of improper or unauthorised modification or repair;

○ A breakdown caused by a failure to follow the manufacturer’s installation or operating instructions; or

○ A breakdown caused by, but not limited to, accidental or deliberate damage, neglect, abuse, wilful act, misuse, theft, foreign particles, liquid damage, abnormally corrosive conditions, rust, mildew and mould; excessive heat, moisture or dampness.; or

○ Breakdown of speakers as a result of overloading.

3. Consumable products and accessories

○ Breakdown or consumption of consumable products such as cables, cords, software items, filters, filaments, tools, perfboards, nozzles, and the like; or

○ Breakdown of any accessories provided by the manufacturer with the Covered Item; or

○ Breakdown of any accessories not provided by the manufacturer with the Covered Item.

4. External sources

○ Breakdown resulting from external sources including but not limited to infestation, flood, fire, interference, external wiring, and connections, or non-compatibility of accessory equipment, electrical interference, power surges, and voltage fluctuations; or

○ Loss of software, data as a result of viruses, malfunction or damage of an operating part. 5. Non‐operating or cosmetic deterioration

○ Any issues arising as a result of nonoperating or cosmetic deterioration that do not affect the functionality or operation of the Covered Item.

6. Inherent defects announced by the manufacturer

○ A breakdown caused by inherent defects such as date noncompliance, pre-existing defects, recalls or design defects where the manufacturer has notified the public of such defects; or ○ A Covered Item that is subject to a manufacturer recall.

7. Serial number is damaged or illegible

○ If the Covered item’s serial number is damaged or illegible the warranty may be void.

8. Third-party accessories

○ The use of nonapproved third party accessories may result in damage to the covered item will not be covered by this warranty.

What do You do if Your item breaks down?

Review the manufacturer’s product manuals and instructions, as this will often pinpoint what is wrong and advise You how to remedy the issue.

You can choose to:

make a claim with 3DPS and bear the costs;
make a claim against 3DPS or the manufacturer if there has been a breach of a consumer guarantee under Australian Consumer Law; or
make a claim under the 3DPS Warranty.

To make a claim under the 3DPS Warranty, You will need to lodge a claim through one of the following methods:

Online at 3dprintingsystems.freshdesk.com/support/tickets/new
Call the Us on 03 9099 0225
Email Us at support@3dprintingsystems.com

Please provide your name and address, model, serial number, date of purchase, a copy of your Tax Invoice, and a complete description of the problem. This information will help 3DPS provide fast assistance.

Remember, any costs associated with the repair, removal, or installation of the Covered Item will not be paid unless first approved by Us.

Your privacy

By requesting and accepting this 3DPS Warranty, You will be supplying Us with personal information that 3DPS will hold so that 3DPS can administer Your 3DPS Warranty, including processing claims and responding to Your queries. The information is held by 3DPS and may be disclosed to the company who covers 3DPS liability to You under 3DPS Warranty and to other companies to enable the administration and management of 3DPS Warranty or to service providers such as assessors and loss adjusters in the event of a claim. With some exceptions, You have rights of access to and correction of information upon request.

Australian Guarantees

Our goods come with guarantees that cannot be excluded under the Australia Consumer Law. You are entitled to a replacement or refund for a major failure and for compensation for any other reasonably foreseeable loss or damage. You are also entitled to have the goods repaired or replaced if the goods fail to be of acceptable quality and the failure does not amount to a major failure.