MakerCare Service Plan: Replicator 2X

MakerCare Service Plan: Replicator 2X

Terms of Service
Your MakerCare Service Plan for the Replicator 2X (the “Plan”) is governed by these Terms and Conditions (the “Terms”) and constitutes the service contract (the “Contract”) between MakerBot Industries, LLC (“MakerBot”) and you (“Customer”).

1. Contract Term

a. The Plan is only available at the time of purchase or within thirty (30) days of the date the MakerBot Replicator 2X is shipped. Therefore, it has a term of one (1) year from the anniversary of your order ship date (“Coverage Period”) as shown on your Shipping Confirmation.

b. At time of shipment, the serial number of your Replicator 2X (the “Product”) is registered with its associated MakerCare service plan number and covers only that one (1) Product.

c. The Plan may not be resold and is non-transferable and non-refundable, unless Product is returned in accordance with the 14 day Return Policy outlined in the MakerBot Terms of Sale, in which case the cost of the Plan is refundable.

d. The Plan is only available in the 50 United States, plus the District of Columbia and Puerto Rico.

2. Coverage

a. Scope. The Plan provides replacement parts due to defect or normal wear during the Coverage Period for the following non-consumable parts:  motherboards, LCD displays, touch pads, power supplies, cables and wire harnesses, motors and mechanical components.

b. Exclusions and Limitations. The Plan does not cover the following consumable parts: filament, MakerBot Replicator 2 Acrylic Build Surface, including those parts used in troubleshooting, SD card, blue surface tape.  The Plan does not cover damage due to accident, abuse, neglect or misuse, extreme environment, extreme physical or electrical stress or interference, fluctuation or surges of electrical power, acts of God or other external causes.  The Plan does not cover a Product with an altered or removed serial number, or a lost or stolen Product.  The Plan does not cover damage resulting from hardware, software, or firmware modifications to the Product.

3. Obtaining Service

a. The original purchaser of the Product and Plan initiates contact with MakerBot Support (“Support”) via webform [http://support.makerbot.com/anonymous_requests/new] or email to: support@makerbot.com

b. Support availability: 9:00 AM to 6:00PM EST Monday-Saturday

c. Support determines course of action.  The decision to issue replacement parts or have Product or parts of Product returned for servicing is at Support’s discretion.   If replacement parts are deemed necessary, Support will coordinate shipment to you.  For service requiring return of Product or parts of Product, Support will issue a Return Merchandise Authorization (“RMA”) Number to Customer.  Unauthorized returns will not be accepted under any circumstances.  Customer will cover shipping to MakerBot; Support will choose and pay for method of return shipment to Customer.

4. Privacy; User Information. Other than personally identifiable information, which is subject to the Privacy Policy of www.makerbot.com (the “Website”),  any material, information, suggestions, ideas, concepts, know-how, techniques, questions, comments or other communication you transmit in any manner (“Communications”) is and will be considered non-confidential and non-proprietary. We and our respective affiliates and our or their designees may use any or all Communications for any purpose whatsoever, including, without limitation, reproduction, transmission, disclosure, publication, broadcast, development, manufacturing and/or marketing in any manner whatsoever for any or all commercial or non-commercial purposes. We may, but are not obligated to, monitor or review any Communications. We will have no obligation to use, return, review, or respond to any Communications. We will have no liability related to the content of any such Communications, whether or not arising under the laws of copyright, libel, privacy, obscenity, or otherwise. We retain the right to remove any or all Communications that includes any material we deem inappropriate or unacceptable.

5. DISCLAIMERS.  TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, WE HEREBY DISCLAIM ALL WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, WITH RESPECT TO THE PRODUCTS LISTED BY OR PURCHASED FROM MAKERBOT AND THE SERVICES PROVIDED HEREUNDER.

6. LIMITATIONS OF LIABILITY.  TO THE FULLEST EXTENT PERMITTED BY LAW, NEITHER MakerBot NOR ITS SUPPLIERS shall be responsible or liable with respect to any subject matter of this Agreement or terms or conditions related thereto under any contract, negligence, strict liability or other theory FOR (a) loss or inaccuracy of data or cost of procurement of substitute goods, services or technology, or (b) any indirect, incidental or consequential damages including, but not limited to loss of revenues and loss of profits.  TO THE MAXIMUM EXTENT PERMITTED BY LAW, MakerBot’s aggregate cumulative liability hereunder shall NOT exceed the greater of fifty dollars ($50.00) or the amount paid by YOU for the PRODUCT That caused such damage.  Certain states and/or jurisdictions do not allow the exclusion of implied warranties or limitation of liability for incidental or consequential damages, so the exclusions set forth above may not apply to YOU.

7. Severability. In the event that any of the provisions of this Contract shall be held by a court or other tribunal of competent jurisdiction to be unenforceable, the remaining portions of this Contract shall remain in full force and effect, provided that in such event the parties agree to negotiate in good faith substitute enforceable provisions which most nearly effect the parties’ intent in entering into this Contract.

8. Choice of Law; Jurisdiction. This Contract shall be governed by and construed in accordance with the laws of the State of New York, U.S.A., without regard to the choice-of-law principles thereof that would result in the application of the laws of a State other than New York.  Any dispute between the parties arising under or relating to this Contract shall be subject to the exclusive jurisdiction of the United States District Court for the Southern  District of New York state or the State courts sitting in the Borough of Manhattan, City of New York. A printed version of these Terms will be admissible in judicial and administrative proceedings based upon or relating to these Terms to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.

MAKERBOT, THE REPLICATOR and MAKERCARE are trademarks or registered marks of MakerBot Industries, LLC.  All rights reserved.