THESE ARE THE TERMS OF SALE ("TERMS") OF QUALUP SAS ("QUALUP"), WHICH APPLY TO ANY SALE OF QUALUP PRODUCTS, LICENSE OF ASSOCIATED SOFTWARE, AND/OR PROVISION OF SERVICES (THE "PRODUCTS", "SOFTWARE" AND "SERVICES" TERMS, AS DEFINED BELOW).
PLEASE READ THE FOLLOWING TERMS CAREFULLY, AS THE PURCHASE AND/OR USE OF THE PRODUCTS, SOFTWARE OR ASSOCIATED SERVICES INDICATES AGREEMENT WITH AND ACCEPTANCE OF THESE TERMS.
YOU, ON YOUR OWN BEHALF AS AN INDIVIDUAL, YOUR EMPLOYER OR ANOTHER ENTITY (YOU AND SUCH ENTITIES, COLLECTIVELY, "CUSTOMER"), MAY REPRESENT AND WARRANT THAT THE CUSTOMER HAS THE AUTHORITY TO ACCEPT, AND HAS READ, UNDERSTOOD AND ACCEPTED, THESE TERMS.
Except in special cases, QUALUP (or its authorised technical representative) will install the Products (including the Software) or Parts indicated to be installed by QUALUP or its authorised technical representative (such Products or Parts "QUALUP Installed Products/Parts"), at the Client's premises indicated, after receipt of all due associated payments. Prior to installation, the Client shall complete at its own expense the preparation of the site for the Product to be installed, as requested by QUALUP and required by applicable legislation, including but not limited to health and safety laws. It shall also provide all assistance, services and premises required by QUALUP (or its authorised technical representative) to complete the said installation.
After the installation of the Product to be carried out by QUALUP (or its authorised technical representative), and having regard to the payment by the Client of the fees due, QUALUP may make available to the Client's qualified personnel a basic training in the use and operation of the Products.
After any installation of the Product, QUALUP may offer and provide such training services at its sole discretion.
3. PRODUCT WARRANTY
3.1 Limited warranty and warranty period.
Only during the period of QUALUP's then standard limited warranty applicable to the Product, Software, Parts, Consumables expressly identified in the Product Specifications, on the Order Form, 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), the Parts and/or the Consumables shall be free from defects in materials and workmanship
b) the Software shall function substantially in accordance with the published documentation, and
c) the Services must be performed 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 the sole remedy for the Client shall:
A) in the case of Product (except Software), Part or Consumable, QUALUP shall replace or repair, at its sole discretion, the Product, Part or Consumable in question with a new one or refurbish it in conformity with the Product, Part or Consumable, according to the criteria established by QUALUP, at its sole discretion, provided that
i) QUALUP, at its sole discretion, shall be 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 expense, the Client shall return to QUALUP the replaced Product, Part and/or Consumable within thirty (30) days; and
iii) QUALUP shall be entitled to invoice the Client for all items not returned within the time limits set out above;
B) in the case of the Software, use reasonable economic efforts to resolve inconsistencies between its operation and the published specifications; and
C) in the case of the Services, as expressly set forth (if any) in the applicable Service Agreement.
3.3 Exclusion of Warranty.
QUALUP's obligations under the warranty hereby limited shall be void and shall in no event apply if any alleged defect in the Product or any other breach of warranty was necessitated or caused in whole or in part by:
I) improper or prohibited use;
ii) damage was caused by improper installation or connection to an external device;
iii) disaster, fault or negligence caused by the Customer;
iv) the use of third party parts or printheads, other than those that have been pre-tested and pre-approved in writing by QUALUP;
v) installation, modification or repair not carried out by QUALUP or its authorised technical representatives;
vi) damage caused by external electrical failure, unusual voltage or power failure;
vii) maintenance procedures recommended by QUALUP not followed;
viii) environmental or other conditions foreseen and not respected at the installation site or any other failure to respect the instructions and/or the Product's current 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 IN LIEU OF 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 (LIMITED WARRANTY REMEDIES) SHALL BE THE SOLE AND EXCLUSIVE REMEDIES AVAILABLE TO CUSTOMER FOR ANY BREACH BY QUALUP OF SAID LIMITED WARRANTY, AND CUSTOMER SHALL HAVE NO RIGHTS, EXCEPT AS SET FORTH ABOVE, AGAINST QUALUP OR ANY OTHER MANUFACTURER, SUPPLIER OR LICENSOR OF THE RELATED PRODUCTS, SOFTWARE OR SERVICES, WHETHER BASED ON CONTRACT, TORT, PRODUCT OR OTHER STRICT LIABILITY, TRADE PRACTICE OR OTHERWISE. REPAIR, REPLACEMENT OR REFUND (AT QUALUP'S OPTION) AS SET FORTH ABOVE SHALL CONSTITUTE FULFILLMENT OF ALL OF QUALUP'S RESPONSIBILITIES UNDER ITS LIMITED WARRANTY, AS WELL AS ALL CLAIMS RELATING TO THE QUALITY AND PERFORMANCE OF THE PRODUCTS. THE CUSTOMER IS SOLELY RESPONSIBLE IN ALL CASES FOR THE SELECTION OF THE PRODUCT(S), SOFTWARE AND SERVICES TO ACHIEVE THE DESIRED RESULTS OR FOR THE PARTICULAR APPLICATIONS.
3.5. Use of non-certified parts and consumables.
The Client acknowledges that the use of parts and/or consumables not manufactured or certified by QUALUP (cf. Appendix 1) may cause damage to the Products. In the event 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, the latter reserves the right to :
1) cancel all the Client's rights under the warranty, in particular when using fibre-filled materials (glass, carbon, and any other type of fibre, powders or other components) which results in the cancellation of the warranty on the heads and extruders including but not limited to: nozzles, extrusion nozzle seals, thermal breaks, extruder gears, filament drive wheels, filament guides, and any other part which may be in contact with the filled filament.
2) terminate the post warranty support and maintenance contract, and/or
3) offer to diagnose and repair the Product or its components at the restoration rates charged by QUALUP at that time. The use of parts and/or consumables not manufactured or certified by QUALUP may also deprive the Client of the right to the discounts granted on QUALUP support and maintenance services, Parts and Consumables.
4. LIMITATION OF LIABILITY.
4.1. Limitation of Direct Damages.
IN NO EVENT SHALL QUALUP, THE MANUFACTURERS, SUPPLIERS BE LIABLE FOR DIRECT DAMAGES OR OTHER LOSSES OR LIABILITIES DIRECTLY RELATED TO THE PRODUCTS, SOFTWARE OR SERVICES OR OTHERWISE, ARISING OUT OF, CONNECTED WITH, OR IN ANY WAY ASSOCIATED WITH THE INSTALLATION ITSELF OR OTHER USE OF PRODUCTS OR PROVISION OF SERVICES.
4.2 Exclusion of Certain Damages.
IN NO EVENT SHALL QUALUP OR ITS AFFILIATES, MANUFACTURERS, SUPPLIERS BE LIABLE FOR ANY LOSS OF REVENUE, LOSS OF ACTUAL OR ANTICIPATED PROFITS, LOSS OF CONTRACTS, LOSS OF USE OF MONIES, LOSS OF ANTICIPATED SAVINGS, LOSS OF BUSINESS, LOSS OF OPPORTUNITY, LOSS OF GOODWILL, LOSS OF REPUTATION, LOSS OF INJURY TO OR CORRUPTION OF DATA, OR ANY OTHER DAMAGES OF ANY KIND, 4.2. NO LIABILITY SHALL BE ASSUMED FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, RELIANCE, EXEMPLARY, PUNITIVE, OR OTHER SIMILAR DAMAGES, WHETHER OR NOT FORESEEN, EVEN IF THE POSSIBILITY OF SUCH DAMAGES WAS KNOWN, AND WHETHER BASED ON CONTRACT, EXPRESS OR IMPLIED WARRANTY, TORT, PRODUCT LIABILITY, STRICT LIABILITY, TRADE PRACTICES, AND WHETHER OR NOT ANY REMEDY SET FORTH HEREIN FAILS OF ITS ESSENTIAL PURPOSE.
4.3. Limitation of Right of Action.
Any action against QUALUP related to an alleged breach of warranty or other alleged failure of the Product must be brought within twelve (12) months of the cause(s) of action.
Customer shall purchase and maintain adequate liability insurance on the Products against loss or damage from external causes.
6. DEFINITION OF CONSUMABLES
The following items are considered "Consumables" and are not covered by the manufacturer's warranty:
Print plate coating.
Print head (nozzle, heating block, heating cartridge, temperature sensor, thermal barrier).
Extruder drive rollers.
PTFE tubes and pneumatic fittings.
Filter kit and filters.
SD cards, USB stick or other memory media.
All other accessories indicated as "used parts" in the commercial offers.
Available Accessories :
- PEI / PEEK print bed
- Metal printing bed
- Other print beds supplied by Qualup
- High temperature single head
- High temperature print bed
- Delta Carbon arm + High temperature magnetic bearings
- Water pump
- Self-sealing hydraulic quick couplers
- Radiant heaters
- Extruder and high temperature head elements
a. Brass nozzles from 0.30 to 0.80mm
b. Hardened steel nozzles 0.30 to 0.80mm
c. Titanium thermal break
d. Heating block
e. Drive wheels and gears
f. 24V cartridge heaters
g. High temperature sensors