Terms of Service
Your MakerCare Protection Plan for the MakerBot Digitizer Desktop 3D Scanner (the “Product”) is governed by these Terms and Conditions (the “Terms”) and constitutes the service contract (the “Contract”) between MakerBot Industries, LLC (“MakerBot”) and you (“Customer”). The MakerCare Protection Plan (“MakerCare” or the “Plan”) is additional to the coverage provided by the limited warranty provided by MakerBot for defective parts.
1. Contract Term
a. MakerCare is only available at the time of purchase or within sixty (60) days of the delivery date (“Purchase Period”)**. Customers can select a MakerCare coverage period of one (1), two (2), or three (3) years (“Coverage Period”) from the delivery date or retail store purchase date as shown on Customer’s shipping confirmation or receipt, respectively. Customer may not change Coverage Period after purchasing MakerCare nor renew the Plan at the end of the Coverage Period**.
b. MakerCare is linked to the serial number of your Product found inside the packaging. Every Customer is required to activate MakerCare using the serial number of the Product.
c. MakerCare only covers one (1) Product.
d. MakerCare may not be resold and is non-transferable and non-refundable, unless Product is returned in accordance with the thirty (30) day Return Policy outlined in the MakerBot Terms and Conditions of Sale, in which case the cost of MakerCare is refundable.
e. The Plan is only available in the 50 United States, plus the District of Columbia and Puerto Rico.
2. What is Covered
a. Scope. The Plan provides unlimited Live Chat, email, and phone support from MakerBot Support (“Support”) as well as replacement parts and return shipping due to normal wear and tear and accidental damage during the Coverage Period, subject to the following limitations:i. Customers will only be covered for up to four (4) incidents under the Plan per year in a Coverage Period. An “incident” means that a Customer either receives (a) a replacement part from MakerBot* or (b) mail-in, physical service on a Product performed by MakerBot. ii. The Plan will cover the following non-consumable parts: motherboards, power supplies and power cord, cables and wire harnesses, motors, camera (not including the camera filter), and laser modules.
b. Exclusions and Limitations. The Plan does not cover the camera filter, calibration tool or 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. The Plan does not cover damage due to failure to comply with Product shipping instructions and/or packing documentation. The Plan does not cover defective parts; for replacement of a defective part that existed at the time of purchase, please see the MakerBot Limited Warranty.
3. Obtaining Service
a. The original purchaser of the Product and Plan initiates contact with Support via Live Chat, an email to: email@example.com, a phone call, or by submitting a support case online to https://www.makerbot.com/support/select.
b. Support Hours of Operation:9:00AM to 9:00PM EST Monday-Friday Hours of operation are subject to change.
c. 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. If replacement parts are deemed unnecessary by Support, Customer may purchase a replacement part at a cost. 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. MakerBot will cover shipping both ways and Support will choose method of shipment. If Customer requests expedited shipping, it will be arranged by MakerBot at an additional fee to be pre-paid by Customer.
d. Shipments must be made in the original packaging. MakerBot will determine the method by which your Product is shipped back to you and will cover shipping costs.
5. DISCLAIMERS. MAKERCARE IS NOT A SEPARATE WARRANTY OR LIMITED WARRANTY. MAKERCARE IS IN ADDITION TO MAKERBOT’S LIMITED WARRANTY. MAKERCARE IS AN OPTIONAL PROTECTION PLAN FOR SERVICE AND TECHNICAL SUPPORT THAT MUST BE PAID FOR BY CUSTOMERS IN ADDITION TO THE PURCHASE PRICE OF THE PRODUCT.
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.SOME COUNTRIES, REGIONS, STATES OR PROVINCES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF REMEDIES OR OF INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES, OR THE APPLICABLE TIME PERIODS, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY. EXCEPT TO THE EXTENT LAWFULLY PERMITTED, THIS LIMITED WARRANTY DOES NOT EXCLUDE, RESTRICT OR MODIFY STATUTORY RIGHTS APPLICABLE TO WHERE THE PRODUCT IS SOLD BUT, RATHER, IS IN ADDITION TO THESE RIGHTS.
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, DIGITIZER and MAKERCARE are trademarks or registered marks of MakerBot Industries, LLC. All rights reserved.** In its sole discretion, MakerBot may offer special promotions from time to time that may extend the Purchase Period.