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Terms and Conditions
Terms and Conditions
These Standard Terms and Conditions of 3D Systems, Inc. constitute the Agreement governing your use of 3D Systems’ 3Dproparts™ services or printin3d services provided through the websites located at www.3Dproparts.com, www.printin3d.com or otherwise
- GENERAL PROVISIONS – These terms and conditions coupled with any quote that you accept form a legally binding contract between you and 3D Systems, Inc. (the “Agreement”) governing your use of the 3Dproparts™ service or printin3d service. If you choose to use our websites, the terms described below are effective upon your access of 3Dproparts™ and 3D Printing service websites located at www.3Dproparts.com and www.printin3d.com (the “Websites”). If you choose to manually request a quote or place an order via electronic mail, phone or otherwise, the terms described below are effective upon your submission of a quote request. You are deemed to have accepted this Agreement without modification upon the first time you access the Websites or otherwise request a quote. Additionally, we require you to expressly acknowledge your agreement to these terms prior to accepting our quote by submitting an order for a product using the 3Dproparts™ service or printin3d service.
- WEBSITE USE – With respect to users of our Websites, 3D Systems grants to you a limited, non-exclusive license to utilize the services offered by the Websites. Your exercise of this limited license is subject to and conditioned on the terms and conditions of this Agreement. This license terminates immediately if you breach any term of this Agreement. You may not transfer or assign this license to any other party. 3D Systems reserves the right to refuse registration to anyone, for any reason. 3D Systems is the owner or licensee of all rights in the Websites, its content, software and services. 3D Systems is not granting to you any right or license to the Websites, its content, software, or services except as explicitly stated in this Agreement. We may terminate your access and registration if you breach any term of this Agreement, or if we are unable to verify or authenticate any information that you provide to us.
- CUSTOMER RESPONSIBILITIES – As our customer, you are responsible for all orders placed and for ensuring that all information provided in a quotation is accurate and complete. If you use the Websites, you agree that you shall not use any device, software or routine, including but not limited to any viruses, Trojan horses, worms, time bombs or cancelbots, intended to damage or interfere with the proper working of the Websites or to intercept or expropriate any system, data or personal information from the Websites.
- ORDERS AND PAYMENTS – Once you have obtained a quote from the 3Dproparts™ service or printin3d service, you may accept such quote and submit your order requesting that the 3Dproparts™ service or printin3d service produce or provide your desired product. The total fees for each order will include the applicable quote, all applicable taxes and all applicable shipping charges. To submit an order, you must pay all fees either (i) in advance through the use of your credit card or (ii) pursuant to such credit terms as pre-approved by 3D Systems. Once you receive an electronic or other confirmation of your order, such order is binding on both you and 3D Systems and may not be cancelled except by mutual agreement.
- TITLE, RISK OF LOSS AND DELIVERY – If conditions arise which prevent compliance with delivery schedules, 3D Systems will not be liable for any damage or penalty for delay in delivery, or for failure to give notice of delay. However, 3D Systems will use all reasonable efforts to give notice of delays. Delays will not be grounds for cancellation. Delivery occurs Ex Works on the actual shipping date, and title and the risk of loss transfer to you upon shipment.
WARRANTY – All products produced and sold by the 3Dproparts™ service or printin3d service service are warranted to conform with such specifications as mutually agreed upon by the parties. In the event that, within three (3) business days of your receipt of the product, you shall determine that any product is not in conformity with such specifications, you shall return such product to 3D Systems for analysis. We will have five (5) business days to complete our analysis of such product. If the product does not meet the agreed upon specifications, 3D Systems shall, at our sole option, either (i) replace such product with a corresponding product that meets such specifications, or (ii) accept for return such product for credit or refund.
THE FOREGOING WARRANTIES ARE IN LIEU OF ANY OTHER WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY WARRANTIES OF MERCHANTABILITY OR FITNESS FOR INTENDED OR PARTICULAR PURPOSES, EACH OF WHICH IS HEREBY DISCLAIMED. WE ALSO DO NOT GUARANTEE CONTINUOUS, UNINTERRUPTED OR SECURE ACCESS TO OUR WEBSITES OR SERVICES AND HEREBY NOTIFY YOU THAT OPERATION OF THE WEBSITES MAY BE INTEFERED WITH BY NUMEROUS FACTORS OUTSIDE OF OUR CONTROL. USE THE WEBSITES AT YOUR OWN RISK.
- LIMITATION OF LIABILITY – 3D Systems will not be responsible to you for consequential, exemplary or incidental damages (such as loss of profit or employee's time) regardless of the reason. In no event shall the liability and/or obligations of 3D Systems arising out of the purchase of products via the 3Dproparts™ service or printin3d service by you or others exceed the purchase price of the products.
- CUSTOMER INDEMNIFICATION – You agree to indemnify 3D Systems, Inc., its affiliates, parent and subsidiaries and its 3Dproparts™ service or printin3d service from and against any and all claims and damages of any kind (including attorneys fees) resulting from your use of the 3Dproparts™ service or printin3d service, the Websites, or from your breach of any provision of this Agreement.
- CONFIDENTIALITY – 3D Systems is committed to maintaining the confidentiality of the confidential information that you submit in connection with receiving a quote or ordering a product. We acknowledge and agree that any specifications or documentation, including .stl or other build files, that you submit to the 3Dproparts™ service or printin3d service may contain valuable proprietary information, ideas and expressions. Accordingly, 3D Systems will use a reasonable degree of care (and require that its employees use such care) to keep such confidential information confidential, and shall not use or disclose such confidential information except as required to perform the 3Dproparts™ service or printin3d service. The foregoing confidentiality obligation does not apply to information in our possession before your disclosure, information that is generally publicly available, information received by us from a third-party without a confidentiality obligation to you or to any disclosure of information required by law or court order. You recognize that 3D Systems and its 3Dproparts™ service or printin3d service provides similar services to others. We will not, however, use your confidential information in performing those services.
- STORAGE – If the products that you order require master model and casting tooling, any costs related to such tooling will be your responsibility. 3D Systems will store your tooling for a period of 6 months after your project is completed. Orders submitted for similar products after such 6 month period may require new tooling and related costs.
- DISPUTE RESOLUTION – Customer and 3D Systems shall endeavor to resolve any controversy, claim or dispute arising out of or relating to the Agreement, or the performance or breach thereof, by negotiation. Any claim that is not resolved by negotiation within thirty (30) days of notification shall be settled by arbitration administered by the American Arbitration Association under its Commercial Arbitration Rules, and judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. The hearing locale will be held in the AAA office closest to the 3D Systems corporate headquarters.
A. The Agreement shall be governed by and construed in accordance with the laws of the State of New York without regard to conflicts of laws provisions thereof.
B. Both 3D Systems and Customer will comply with all laws applicable to the Agreement.
C. All notices given under the Agreement will be effective when received in writing. Notices to the Customer and 3D Systems will be sent to the address provided in the Agreement.
D. Changes to the Agreement must be in writing and must be signed by both parties.