gMax Printer Pro Support Plan Terms of Service
This page outlines the gCreate Pro Service Plan (the “Plan”) for your gMax 3D Printer (the “Product”). The Plan is governed by the following agreement (the “Agreement”) between gCreate LLC (“gCreate”) and you (“Customer” or “you”).
The goal of this Plan is to help you use your Product most successfully and minimize any downtime you might have using the products you purchase from us. The Plan provides you with additional services above and beyond the limited warranty provided by gCreate for its products. The Plan does not extend, replace, or change the terms and conditions of gCreate’s limited warranty that accompanies the Product or the terms and conditions of gCreate’s Extended Warranty that may be purchased.
Eligibility and Coverage Period
At its sole discretion, gCreate may choose to offer, extend, or renew the Plan from time-to-time and on a case-by-case basis. The Plan is offered for a specific identified Product and begins either when the Plan is purchased or when the Product is shipped by gCreate to you, whichever is later (“Coverage Start Date”). The Plan must be purchased within (7) days of the order being received. No exceptions will be made. The Plan continues for one or two years from the Coverage Start Date, depending on the Plan purchased, unless otherwise renewed or extended, (the “Coverage Period”). Customers or Products located outside of North America (“International Plan Participants”) are not eligible for the Plan at this time but this can be subject to change at any time.
Except for Replacement Units, as discussed below, each Plan covers a specific Product and may not be transferred to another Product or to another Customer. The Plan may not be resold and is non-transferable and non-refundable, unless the Product is returned in accordance with gCreate’s Return Policy, in which case the cost of the Plan is also refundable on a prorated basis.
Priority Customer Service
Customers under the Plan will receive priority access to gCreate’s Customer Support (“Support”) during the Coverage Period. Under the Plan, gCreate will make reasonable commercial efforts to provide a response to requests for support made by you within 1 business day. (Business hours are 9:00 AM to 5:30 PM Eastern Time, excluding weekends and U.S. Federal holidays.) Support requests under the Plan must be made as directed at which may be amended from time-to-time without prior notice.
Customer Service by Phone Support
Customers under the Plan may schedule Support via telephone with support requests (“Hotline Support”) during gCreate Customer Support’s operating hours. Operating hours, submit ticket requests, and directions may be found at https://www.gcreate.com/contact and may be amended from time-to-time without prior notice. Support calls are outgoing only by appointment. gCreate is not responsible for any international or long distance fees or service charges you may incur by using Hotline Support. Hotline Support may be limited to calls of reasonable length and frequency.
Video Conference Appointments
In addition to telephone calls to Customer Support, Customers under the Plan may contact Support to schedule one-on-one video conference appointments during operating hours and subject to availability, to receive support (“Video Conference Appointment”). Video Conference Appointment requests should be made as directed at which may be amended from time-to-time without prior notice. Video Conference Appointment may be subject to change based on availability and may be limited to a reasonable length. General questions about 3D printing and slicing are not eligible for Video Conference Appointments. gCreate will initiate Video Conference Appointments by placing a video conference call within the continental United States to a video conference system.
“Replacement Parts” Service
A. If Support determines that repair may be needed for a specific Product, and that mail-in service is appropriate, gCreate will dispatch a new or refurbished Replacement Product with the same or improved specification as your original Product. gCreate will dispatch the Replacement Product by standard courier and will make reasonable commercial efforts to ensure that such replacements are dispatched as soon as possible. Replacement Parts Service does not apply to consumables such as hotends, print surfaces, and 3D printing materials.
B. You must first return the original Product to gCreate with a gCreate-issued Return Merchandise Authorization Number clearly visible on the outside of the package. Optionally you can pay a fully refundable deposit to have the Replacement Product shipped first. The deposit will be fully refunded when the Original Product is received back to gCreate. The original Product must be properly packaged for shipment as instructed by gCreate using the same packaging as the Replacement Product arrived in or the product’s original packaging. Any damages incurred during shipping will be at the expense of the customer.
C. If the returned Product requires repairs not covered under the limited warranty, has been damaged as a result of failure to follow packaging instructions, or if the Product is no longer within the limited warranty period, you shall be responsible for the reasonable costs, including shipping, to make any out-of-warranty repairs to the returned Product, but in no event more than the full retail price of the Product. Service under this Agreement shall be suspended until any such charges are paid in full. If the original product is not returned within seven business days, gCreate will charge you the full retail price of the Product.
D. Any Replacement Unit provided by gCreate under the Plan shall be covered by the Plan for the remaining Coverage Period of the original Product.
This plan is not available outside of North America at this time. Canada, Mexico, Alaska, and Hawaii Plan Participants taking advantage of the Replacement Parts Service may be required to pay in advance for the reasonable costs of shipment of Products to and from gCreate’s U.S. or international repair facilities, including any duties, taxes, or related fees.
gCreate, at its sole discretion, may terminate this Agreement and refuse to provide further services under the Plan for abusive, inappropriate, or unreasonable behavior; failure to comply with gCreate’s published policies and procedures; or failure to pay outstanding charges due under this Agreement. In the event that gCreate terminates your participation in the Plan, gCreate may provide you with a prorated refund at its sole discretion.
Disclaimers and Limitations on Liability
A. TO THE EXTENT PERMITTED BY LAW, GCREATE SHALL NOT BE RESPONSIBLE FOR DIRECT, INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES RESULTING FROM ANY BREACH OR CONDITION OR ANY OTHER REASON, OR UNDER ANY OTHER LEGAL THEORY, INCLUDING BUT NOT LIMITED TO LOSS OF USE; LOSS OF REVENUE; LOSS OF ACTUAL OR ANTICIPATED PROFITS (INCLUDING LOSS OF PROFITS ON CONTRACTS); LOSS OF THE USE OF MONEY; LOSS OF ANTICIPATED SAVINGS; LOSS OF BUSINESS; LOSS OF OPPORTUNITY; LOSS OF GOODWILL; LOSS OF REPUTATION; LOSS OF, DAMAGE TO, COMPROMISE, OR CORRUPTION OF DATA; OR ANY INDIRECT OR CONSEQUENTIAL LOSS OR DAMAGE HOWSOEVER CAUSED, INCLUDING THE REPLACEMENT OF EQUIPMENT AND PROPERTY, ANY COSTS OF RECOVERING, PROGRAMMING, OR REPRODUCING ANY PROGRAM OR DATA STORED OR USED WITH GCREATE PRODUCTS AND ANY FAILURE TO MAINTAIN THE CONFIDENTIALITY OF DATA STORED ON THE PRODUCT. TO THE MAXIMUM EXTENT PERMITTED BY LAW, GCREATE’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.
B. THE FOREGOING LIMITATION SHALL NOT APPLY TO DEATH OR PERSONAL INJURY CLAIMS, OR ANY STATUTORY LIABILITY FOR INTENTIONAL AND GROSS NEGLIGENT ACTS AND/OR OMISSIONS. SOME STATES, COUNTRIES, AND PROVINCES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION 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, THE PLAN DOES NOT EXCLUDE, RESTRICT OR MODIFY STATUTORY RIGHTS APPLICABLE TO WHERE THE PRODUCT IS SOLD BUT, RATHER, IS IN ADDITION TO THESE RIGHTS.
C. Force Majeure. gCreate shall not be liable for any failure of or delay in the performance of this Agreement for the period that such failure or delay is due to causes beyond its reasonable control, including but not limited to acts of God, war, strikes or labor disputes, embargoes, government orders or any other force majeure event.
Enforcement and Entire Agreement
This Agreement shall be governed by the laws of the State of New York, without regard to New York’s conflict of laws rules. Any controversy or claim arising out of or relating to this contract, or the breach thereof, 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. In the event that any provision of this Agreement conflicts with governing law or if any provision is held to be null, void or otherwise ineffective or invalid by a court of competent jurisdiction, (a) such provision shall be deemed to be restated to reflect as nearly as possible the original intentions of the parties in accordance with applicable law, and (b) the remaining terms, provisions, covenants and restrictions of this Agreement shall remain in full force and effect. No waiver or any breach of any provision of this Agreement shall constitute a waiver of any prior, concurrent or subsequent breach of the same or any other provisions hereof, and no waiver shall be effective unless made in writing and signed by an authorized representative of the waiving party. This Agreement and all expressly referenced documents constitute the entire agreement between the parties with respect to the subject matter hereof and supersedes all prior and contemporaneous agreements or communications, including any reseller or similar agreements previously executed by the parties.