TERMS AND CONDITIONS OF SALE
THESE ARE THE TERMS AND CONDITIONS (“TERMS AND CONDITIONS”) OF QUALUP SAS (“QUALUP”), WHICH APPLY TO ANY SALE OF QUALUP PRODUCTS, ASSOCIATED SOFTWARE LICENSE, AND/OR THE PROVISION OF SERVICES (“PRODUCT”, SOFTWARE” AND “SERVICE” TERMS, AS DEFINED BELOW).
PLEASE READ THE FOLLOWING TERMS AND CONDITIONS CAREFULLY, AS THE PURCHASE, AND/OR USE OF THE ASSOCIATED PRODUCTS, SOFTWARE OR SERVICES INDICATES AGREEMENT WITH, AND ACCEPTANCE OF, THESE TERMS AND CONDITIONS.
YOU, IN YOUR OWN NAME AS A PERSON, YOUR EMPLOYER OR ANOTHER ENTITY (YOU AND THESE ENTITIES, COLLECTIVELY, “CLIENT”), MAY REPRESENT AND WARRANT THAT THE CLIENT HAS THE AUTHORITY TO ACCEPT, AND HAS READ, UNDERSTOOD AND ACCEPTED, THESE TERMS AND CONDITIONS.
QUALUP (or its authorized technical representative) will install the Products (including the Software) or Parts indicated for installation by QUALUP or its authorized technical representative (these Products or Parts “Products/Parts installed by QUALUP”), on the Customer’s indicated premises, after receipt of all associated payments due. Before installation, the Customer must complete at its own expense the preparation of the site intended for the Product for installation, as requested by QUALUP and required by applicable legislation, including, but not limited to, health and safety laws. It must also provide all the assistance, services and premises that QUALUP (or its authorised technical representative) will need to complete the said installation.
After the installation of the Product to be carried out by QUALUP (or its authorised technical representative), and with regard to the payment by the Customer of the costs due, QUALUP may provide the Customer’s qualified personnel with basic training in the use and operation of the Products.
After any installation of the Product, QUALUP may offer and provide these training services at its sole discretion.
3. PRODUCT WARRANTY
3.1 Limited warranty and warranty period.
Only during the QUALUP standard limited warranty period then applicable to the Product, Software, Parts, Consumables expressly identified in the Product Specifications, on the Purchase Order, this document and/or, in the case of Consumables, on the label affixed thereto (each of these periods, if any, the “Warranty Period”), QUALUP warrants the following:
a) the Product (excluding the Software), Parts and/or Consumables must be free from defects in materials and workmanship
(b) the Software must operate substantially in accordance with the published documentation, and
(c) the Services must be provided in a professional and workmanlike manner.
3.2. Use of the limited warranty.
With respect to a valid warranty claim under Section 3.1 (Limited Warranty and Warranty Period) above, QUALUP, as the sole obligation and remedy for the Customer shall:
A) in the case of the Product (except the Software), a Part or Consumable, QUALUP shall replace or repair, at its sole discretion, the Product, Part or Consumable in question with a new one or renovate it in accordance with the Product, Part or Consumable, according to the criteria established by QUALUP, at its sole discretion, given that
i) QUALUP, at its sole discretion, is entitled to recover (free of charge, except as otherwise provided in clause ii) below) the ownership of the replaced Product, Part or Consumable;
ii) upon QUALUP’s request and at its own expense, the Customer must return the replaced Product, Part and/or Consumable to QUALUP within thirty (30) days; and
iii) QUALUP shall be entitled to invoice the Customer for all items not returned within the time limits set above;
B) in the case of the Software, make reasonable economic efforts to resolve inconsistencies between its operation and published specifications; and
C) in the case of the Services, as expressly set out (if any) in the applicable Service Agreement.
3.3 Exclusion of warranty.
QUALUP’s obligations under the Limited Warranty hereunder are hereby cancelled and shall not apply in any event if an alleged defect in the Product or any other breach of the Warranty has been rendered necessary or caused in whole or in part by:
I) inappropriate or prohibited use;
(ii) damage was caused by improper installation or connection to an external device;
iii) catastrophe, fault or negligence caused by the Client;
(iv) the use of third party parts or print heads, other than those that have been pre-tested and pre-authorized in writing by QUALUP;
(v) installation, modification or repair not carried out by QUALUP or its authorised technical representatives;
vi) damage was caused by an external power failure, unusual voltage or power failure;
(vii) maintenance procedures recommended by QUALUP not followed;
(viii) anticipated and non-compliant environmental or other conditions at the installation site or any other failure to comply with the Product’s current instructions and/or documentation.
(ix) damage has been caused by third party software or computer viruses
3.4. Disclaimer of Warranty.
THE WARRANTIES SET FORTH IN SECTION 3 (PRODUCT WARRANTY) ARE EXCLUSIVE AND SUPERSEDE ALL OTHER WARRANTIES, EXPRESS, IMPLIED OR STATUTORY. QUALUP DOES NOT WARRANT THAT THE OPERATION OF THE SOFTWARE WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT THE FUNCTIONS WILL MEET THE NEEDS OF THE CUSTOMER(S). THE REMEDIES SET FORTH IN SECTION 3.2 (USE OF LIMITED WARRANTY) SHALL BE THE SOLE AND EXCLUSIVE REMEDY AVAILABLE TO THE CUSTOMER FOR ANY BREACH BY QUALUP OF SUCH LIMITED WARRANTY, AND THE CUSTOMER SHALL HAVE NO RIGHTS, EXCEPT AS SET FORTH ABOVE, AGAINST QUALUP OR ANY OTHER MANUFACTURER, SUPPLIER OR LICENSOR OF RELATED PRODUCTS, SOFTWARE OR SERVICES, WHETHER ON THE BASIS OF CONTRACT, TORT, PRODUCT OR ANY OTHER STRICT LIABILITY, COMMERCIAL OR OTHER PRACTICES. REPAIR, REPLACEMENT OR REFUND (AT QUALUP’S OPTION) AS DESCRIBED ABOVE CONSTITUTES THE PERFORMANCE OF ALL QUALUP’S RESPONSIBILITIES UNDER ITS LIMITED WARRANTY, AS WELL AS ALL CLAIMS RELATING TO PRODUCT QUALITY AND PERFORMANCE. THE CUSTOMER IS SOLELY RESPONSIBLE IN ALL CASES FOR THE SELECTION OF THE PRODUCT(S), SOFTWARE AND SERVICES INTENDED TO ACHIEVE THE DESIRED RESULTS OR FOR SPECIFIC APPLICATIONS.
3.5. Use of non-certified parts and consumables.
The Customer acknowledges that the use of parts and/or consumables not manufactured or certified by QUALUP (see Appendix 1) may cause damage to the Products. In the event that QUALUP reasonably determines that the damage to a product has been caused by the use of parts and/or consumables not manufactured or certified by QUALUP, QUALUP reserves the right to :
1) cancel all rights of the Customer under the warranty, in particular when using fibre-reinforced materials (glass, carbon, and any other type of fibre, powders or other components) which results in the cancellation of the warranty on heads and extruders including but not limited to: nozzles, extrusion nozzle seals, thermal bridge breaks, extruder gears, filament drive wheels, filament guides, and any other parts that may come into contact with the loaded filament.
2) terminate the post-warranty assistance and maintenance contract, and/or
3) offer to diagnose and repair the Product or its components at the restoration rates applied by QUALUP at that time. The use of parts and/or consumables not manufactured or certified by QUALUP may also deprive the Customer of the right to discounts granted on the QUALUP support and maintenance services, Parts and Consumables.
4. LIMITATION OF LIABILITY.
4.1. Direct Damage Limitation.
IN NO EVENT SHALL MANUFACTURERS, SUPPLIERS BE LIABLE FOR ANY DIRECT DAMAGE OR OTHER LOSS OR LIABILITY DIRECTLY RELATED TO THE PRODUCTS, SOFTWARE OR SERVICES OR OTHERWISE, ARISING FROM, RELATED TO, OR IN ANY WAY ASSOCIATED WITH THE INSTALLATION ITSELF OR ANY OTHER USE OF PRODUCTS OR PROVISION OF SERVICES.
4.2 Exclusion Of Certain Damages.
IN NO EVENT SHALL QUALUP OR ITS SUBSIDIARIES, MANUFACTURERS, SUPPLIERS BE LIABLE FOR ANY LOSS OF INCOME, LOSS OF ACTUAL OR ANTICIPATED PROFITS, LOSS OF CONTRACTS, LOSS OF ENJOYMENT OF SUMS OF MONEY, LOSS OF ANTICIPATED SAVINGS, LOSS OF BUSINESS, LOSS OF OPPORTUNITY, LOSS OF GOOD REPUTE, LOSS OF REPUTATION, LOSS OF PREJUDICE TO OR CORRUPTION OF DATA, OR ANY OTHER DAMAGE OF ANY KIND, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, TRUSTWORTHY, EXEMPLARY, PUNITIVE, OR ANY OTHER SIMILAR, INTENDED OR NOT INTENDED, EVEN IF THE POSSIBILITY OF SUCH DAMAGES WAS KNOWN, AND IS BASED ON A CONTRACT, AN EXPRESS OR IMPLIED WARRANTY, A TORT, A PRODUCT, STRICT LIABILITY, COMMERCIAL PRACTICES, AND IF A REMEDY DEFINED HEREIN FAILS TO ACHIEVE ITS PRIMARY PURPOSE.
4.3. Restriction of the Right of Action.
Any action against QUALUP related to an alleged breach of the warranty or any other alleged breach of the Product must be brought within twelve (12) months of the cause(s) of action.
The Customer shall take out and maintain adequate liability insurance on the Products against loss or damage caused by external causes.
APPENDIX 1 – DEFINITION OF CONSUMABLES
The following elements are considered as “Consumables” and do not fall within the scope of the manufacturer’s warranty:
Coating of the printing plate.
Print head (nozzle, heating block, heating cartridge, temperature sensor, thermal barrier).
Extruder Drive Rollers.
PTFE tubes and pneumatic connections.
Filtration kit and filters.
SD cards, USB stick or other memory media.
Any other accessories indicated as “wear parts” in the commercial offers.
Available accessories :
– PEI printing bed
– Metal printing bed
– Other Print Beds provided by Qualup
– Single head High temperature
– High temperature printing bed
– Delta Carbon Arm + High Temperature Magnetic Heads
– Water pump
– Self closing quick hydraulic couplings
– Radiant Heaters
– High temperature extruder and head elements
a. Brass nozzles from 0.30 to 0.80mm
b. Nozzles Hardened steel 0.30 to 0.80mm
c. Titanium thermal bridge failure
d. Heating block
e. Drive and gear wheels
f. 24V heating cartridges
g. High Temperature Probes