Terms of Service
Your MakerCare Preferred Protection Plan for a 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 Preferred Protection Plan (“MakerCare Preferred” or the “Plan”) is additional to the coverage provided by the limited warranty provided by MakerBot for defective parts.
1. CONTRACT TERM
a. Customers can select a MakerCare Preferred 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. A Coverage Period will begin on the date customer purchases the Plan*. Customers who elect to purchase MakerCare Preferred through MakerBot customer financing must have a Coverage Period that matches their lease term. Customer may change or renew the Coverage Period up to a three-year maximum period**. For example, if a Customer’s initial Coverage Period is two (2) years, that Customer may renew the Plan for only an additional one (1) year.
b. MakerCare Preferred is linked to the serial number of your Product found inside the packaging. Every Customer is required to activate MakerCare Preferred using the serial number of the Product.
c. MakerCare Preferred only covers one (1) Product.
d. MakerCare Preferred 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 of Service, in which case the cost of MakerCare Preferred is refundable.
e. MakerCare Preferred is available only in Canada and the 50 United States, plus the District of Columbia, Puerto Rico, United States Virgin Islands and Jamaica.
a. Scope. The Plan provides unlimited Live Chat, email, and phone support from MakerBot Support (“Support”) as well as unlimited replacement parts and return shipping due to normal wear and tear and accidental damage during the Coverage Period.
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.
3. OBTAINING SERVICE
a. The original purchaser of the Product and Plan may initiate contact with MakerBot Support (“Support”) via Live Chat, a phone call, or submit a support case online to: https://www.makerbot.com/support/select
b. Support Hours of Operation: 9:00AM to 8:00PM EST Monday-Friday. Hours of operation are subject to change.
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. 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, but Support will choose and pay for method of return shipment to Customer. If Customer requests expedited shipping, it will be arranged by MakerBot at an additional fee to be pre-paid by Customer.
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.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. Except for Canadian residents, 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 this Contract will be admissible in judicial and administrative proceedings based upon or relating to this Contract to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. For Canadian residents, this Contract is governed by and constructed in accordance with the laws of the Province in Canada in which the Customer has purchased the Protection Plan. For Customers domiciled in Quebec, this Contract is governed by and construed in accordance with the laws of Quebec and the laws of Canada applicable therein.MAKERBOT, DIGITIZER, and MAKERCARE are trademarks or registered marks of MakerBot Industries, LLC. All rights reserved.
* The price for the Coverage Period escalates after the first (60) days after delivery of the Product. Please see: http://www.makerbot.com/makercare for pricing.
** In its sole discretion, MakerBot may offer special promotions from time to time that may extend the Purchase Period.