STACKER 500KS USER GUIDE 62
warranty is the only warranty made by Seller, and SELLER DOES NOT WARRANT THAT THE USE OF THE
GOODS OR ANY PARTS THEREOF WILL BE UNINTERRUPTED OR ERROR FREE, AND THERE ARE NO
OTHER WARRANTIES OR REPRESENTATIONS OF ANY KIND WITH RESPECT TO THE GOODS OR ANY
PARTS THEREOF, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, THOSE OF
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NONINFRINGEMENT.
(a) Hardware (including embedded Software therein) is warranted for a period of twelve (12) months from the date of
shipment by Seller.
(b) Notwithstanding the foregoing, the following parts (“Wear Parts”) are warranted for a period of forty five (45) days: 1)
filament drive gears, 2) filament guide tubes and hot ends. Hot ends include the following components: 1) heater
cartridges, 2) heater blocks, 3) thermistors, and 4) PTFE filament guide tubes. Adhesive print bed coatings or sheets and
glass print beds carry no warranty.
(c) Services are warranted for a period of ninety (90) days from the date the Services are provided by Seller.
(d) Notwithstanding any of the foregoing, Goods repaired or replaced during the warranty period, or Goods identified as
rebuilt regardless of when purchased, are warranted for the longer of the remainder of the original warranty period or
ninety (90) days from the date of shipment by Seller.
(e) Software is warranted for a period of ninety (90) days from the date of “shipment”. As used herein, “shipment” shall mean
either: (1) the date the Software is physically shipped by Seller to Buyer (with or without Hardware); or (2) the date the
Software is electronically transmitted to Buyer by Seller.
(f) No warranty is extended with respect to third party owned software. Notwithstanding any language in this limited
warranty to the contrary, Seller shall have the right to discontinue the availability of any Goods or components or
replacement parts therefore, or to make design changes or improvements in the Goods at any time and such
discontinuance or change shall not constitute a breach of warranty, or result in any liability or obligation to Seller
whatsoever, including, without limitation, any obligation to retrofit, change or improve Goods purchased by Buyer prior to
the discontinuance or change.
11.
LIMITATION OF REMEDY AND LIABILITY:
THE SOLE AND EXCLUSIVE REMEDY FOR BREACH OF
WARRANTY HEREUNDER SHALL BE LIMITED TO REPAIR, REPLACEMENT OR REFUND UNDER THE LIMITED
WARRANTY SET FORTH IN SECTION 9 ABOVE. IN NO EVENT, REGARDLESS OF THE FORM OF THE CLAIM
OR CAUSE OF ACTION (WHETHER BASED IN CONTRACT, INFRINGEMENT, NEGLIGENCE, STRICT
LIABILITY, OTHER TORT OR OTHERWISE), SHALL SELLER’S LIABILITY TO BUYER AND/OR BUYER’S
CUSTOMERS EXCEED THE PRICE TO BUYER OF THE SPECIFIC GOODS PROVIDED BY SELLER GIVING
RISE TO THE CLAIM OR CAUSE OF ACTION. BUYER AGREES THAT IN NO EVENT, SHALL SELLER’S
LIABILITY TO BUYER AND/OR BUYER’S CUSTOMERS EXTEND TO INCLUDE INCIDENTAL, CONSEQUENTIAL
OR PUNITIVE DAMAGES. THE TERM “CONSEQUENTIAL DAMAGES” SHALL INCLUDE, WITHOUT LIMITATION,
LOSS OF ANTICIPATED REVENUE OR PROFITS, LOSS OF USE OR DATA, DAMAGES BASED ON ANY DELAY
IN PERFORMANCE, AND CLAIMS OF BUYER’S CUSTOMERS. SELLER AND BUYER AGREE THAT THE
LIMITATIONS SET FORTH IN THIS PROVISION SHALL BE ENFORCED TO THE MAXIUM EXTENT PERMITTED
BY APPLICABLE LAW. TO THE EXTENT PERMITTED BY APPLICABLE LAW, THE LIMITATIONS SET FORTH
HEREIN SHALL EXTEND TO THE BENEFIT OF SELLER’S SUPPLIERS.
12.
CONFIDENTIAL INFORMATION
. Any information disclosed by Seller to Buyer related to this Agreement, including
quotations, pricing, technical information or otherwise, shall be deemed “Confidential Information”. Buyer shall not
disclose any Confidential Information to any third parties without Seller’s prior written consent and shall use such
Confidential Information only for the purposes reasonably related to the purchase and use of Seller’s Goods. Seller
shall, at all times, retain all right, title and interest in the Confidential Information and all copies thereof.
Notwithstanding the foregoing, Confidential Information shall not include information which is or becomes publicly
known through no wrongful act of Buyer.
13.
GOVERNING LAW / DISPUTES:
(a) This Agreement shall be construed, performed and enforced under the laws of the State of Minnesota,
U.S.A.
(b) If Buyer’s address is in the United States, the sole and exclusive venue for any claims or actions under or
related to this Agreement shall be in the applicable court(s) in the city of Minneapolis, Minnesota, U.S.A. If
Buyer’s address is not located in the United States, then Seller and Buyer agree that any controversy or claim
arising out of or relating to this Agreement shall be determined by arbitration in accordance the thencurrent rules
of the American Arbitration Association by one or more arbitrators appointed in accordance with said rules, and