Fuel3D, Inc. Terms of Sale

Terms of Sale

This page (together with our privacy policy and terms of use) tells you information about us and the legal terms and conditions (Terms) on which we sell any of the products (Products) listed on our website (our site) to you. Our Products include scanners and accessories (Hardware Products) and licences to use our software (Software).

These Terms will apply to any pre-order, order or sale of Products to you in the United States from the Fuel3D WebShop. Please read these Terms carefully and make sure that you understand them, before pre-ordering or ordering any Products from our site.

If you do not accept these Terms, you will not be able to order any Products from our site. If you do accept these terms you will have entered into a Contract with Fuel3D, Inc. with respect to the Terms. You should print a copy of these Terms or save them to your computer for future reference. If you are ordering Software, you will also be required to accept the terms of our licence agreement (Licence Agreement)  before activating the Software. Please also read the Licence Agreement carefully and make sure that you understand it, before ordering any Software from our site.

We may amend these Terms from time to time as set out in section 6. Every time you wish to order Products, please check these Terms to ensure you understand the terms which will apply at that time. These Terms were most recently updated on 10/1/2017.

These Terms, and any Contract between us, are only in the English language.

  1. INFORMATION ABOUT US

1.1 We operate the website; http://www.fuel-3d.com/usa. We are Fuel3D, Inc., a company registered in North Carolina with our registered office at 1800 North Greene Street, Suite J, Greenville, NC 27834. Our main trading address is at the same address.

1.2 To contact us, please see our Contact page: https://www.fuel-3d.com/usa/contact/.

  1. OUR HARDWARE PRODUCTS

2.1 The images of the Hardware Products on our site are for illustrative purposes only. Although we have made every effort to display the colors accurately, we cannot guarantee that your computer’s display of the colors accurately reflect the color of the Hardware Products. Your Hardware Products may vary slightly from those images.

2.2 The packaging of the Hardware Products may vary from that shown on images on our site.

2.3 All Hardware Products shown on our site are subject to availability. We will inform you by e-mail as soon as possible if the Hardware Product you have ordered is not available and we will not process your order until the Hardware Product becomes available, except in the case of Hardware Products shown on our site as under development/production and not yet in stock but available for pre-order (Pre-Ordered Hardware Products).

2.4 The images of Pre-Ordered Hardware Products on our site are for illustrative purposes only and their design and colour may vary during the course of development. We take all reasonable care to give you notice of any variations by updating the images on our site regularly.

  1. USE OF OUR SITE

Your use of our site is governed by our terms of use: https://www.fuel-3d.com/usa/terms-of-use. Please take the time to read these, as they include important terms which apply to you.

  1. HOW WE USE YOUR PERSONAL INFORMATION

We only use your personal information in accordance our privacy policy: https://www.fuel-3d.com/usa/privacy. Please take the time to read this, as it includes important terms which apply to you.

  1. HOW ORDERS ARE MADE AND ACCEPTED; DELIVERY

5.1 For the steps you need to take to place on order on our site, please see our Fuel3D WebShop.

5.2 Our order process allows you to check and amend any errors before submitting your order to us. Please take the time to read and check your order at each page of the order process.

5.3 After you place an order, you will receive an e-mail from us acknowledging that we have received your order. However, please note that this does not mean that your order has been accepted. If you order Hardware Products, our acceptance of your order will take place as described in clause 5.4.
 If you order Software, our acceptance of your order will take place as described in clause 5.5.

5.4 If you order Hardware Products:

(a) We will confirm our acceptance to you by sending you an e-mail that confirms that the Hardware Products have been dispatched (Dispatch Confirmation) (except in the case of Pre-Ordered Hardware Products, when clause 5.4(b) will apply). Our obligation to ship the Product to you will only be fixed when we send you the Dispatch Confirmation.

(b) Subject to the provisions of Section 5.7 below, in the case of Pre-Ordered Hardware Products, we will confirm our acceptance to you by sending you an e-mail confirming that they will be dispatched when in stock (Dispatch Confirmation). Your order will be complete and our obligation to ship the Product to you will only be fixed when we send you the Dispatch Confirmation. Our estimated delivery date will be as shown on our site at the time of your order (Estimated Delivery Date).

5.5 If you order Software or upgrades to Software, we will confirm our acceptance to you by sending you an e-mail that confirms our acceptance (Dispatch Confirmation) and includes a licence key to enable you to accept the licence terms and download the Software or activate your upgrade (Licence Key).  For the steps you need to download the Software, please see our Fuel 3D web-shop.

5.6 If (except in the case of Pre-Ordered Hardware Products, when clause 5.7 will apply) we are unable to supply you with a Hardware Product for any reason within 30 days of you placing an order, for example because that Product is no longer available or because of an error in the price on our site as referred to in clause 11.5, we will inform you of this by e-mail and we will not process your order. If you have already paid for the Hardware Products or have paid any deposit, we will refund you the full amount you have paid as soon as possible.

5.7 In the case of Pre-Ordered Hardware Products, if it is apparent to us at the time you place your order that we will be unable to supply you with a Hardware Product for any reason within the Estimated Delivery Date, for example because that Product will not be available or because of an error in the price on our site as referred to in clause 11.5, we will inform you of this by e-mail and we will not process your order. IF HOWEVER WE HAVE CONFIRMED OUR ACCEPTANCE OF YOUR ORDER FOR A PRE-ORDERED Hardware PRODUCT AS DESCRIBED IN CLAUSE 5.4(b), AND IT SUBSEQUENTLY BECOMES APPARENT TO US THAT WE WILL BE UNABLE TO SHIP THE PRODUCT WITHIN FOURTEEN DAYS AFTER THE ESTIMATED DELIVERY DATE, WE WILL, WITHIN A REASONABLE TIME OF BECOMING AWARE OF THIS, CANCEL THE ORDER AND PROVIDE TO YOU PROMPT REFUND OR GIVE YOU THE OPTION TO CONSENT TO A REVISED DELIVERY DATE OR TO CANCEL THE ORDER AND RECEIVE A PROMPT REFUND OF THE FULL AMOUNT YOU PAID, BY CONTACTING US AT ORDERS@FUEL-3D.COM. WHERE WE HAVE PROVIDED A REVISED DELIVERY DATE WHICH IS THIRTY (30) DAYS OR LESS AFTER THE INITIAL ESTIMATED DELIVERY DATE, UNLESS WE HAVE RECEIVED, PRIOR TO SHIPMENT AND PRIOR TO THE EXPIRATION OF THE REVISED DELIVERY DATE, A RESPONSE FROM YOU REJECTING THE DELAY AND CANCELLING THE ORDER, YOU WILL BE DEEMED TO HAVE CONSENTED TO A DELAYED SHIPMENT ON OR BEFORE THE REVISED DELIVERY DATE.

5.8 Delivery will be completed when we deliver the Hardware Products to the address you gave us.

5.9 The Hardware Products will be your responsibility from the completion of delivery.

5.10 You own the Hardware Products once we have received payment in full, including all applicable delivery charges, and delivered the Products to you.

  1. OUR RIGHT TO VARY THESE TERMS

6.1 We may revise these Terms from time to time in the following circumstances:
(a) changes in how we accept payment from you; or
(b) changes in relevant laws and regulatory requirements.

6.2 Every time you order Products from us, the Terms in force at that time will apply to the Contract between you and us.

6.3 Whenever we revise these Terms in accordance with this clause 6, we will give you notice of this by stating that these Terms have been amended and the relevant date at the top of this page.

  1. IF YOU ARE A BUSINESS CUSTOMER

This clause 7 only applies if you are a business.

7.1 If you are not a consumer as defined in clause 8.1, you confirm that you have authority to bind any business on whose behalf you use our site to purchase Products.

7.2 We only supply the Products for internal use by your business, and you agree not to use the Product for any re-sale purposes.

  1. CONSUMER RIGHTS

This Section 8 only applies if you are a consumer.

8.1 You are a consumer if you are a buyer of a consumer product. The product is a consumer product if the product is being purchased for personal, family or household purposes or if the products can be used for both personal and commercial purposes. Products which are purchased solely for commercial or industrial use are not consumer products.

8.2 If you are a consumer, you may only purchase Products from our site if you are at least 18 years old.

  1. INTERNATIONAL DELIVERY

9.1 Products purchased from the Fuel3D WebShop (including hardware, software and software downloads) may be subject to customs and export control laws and regulations of the United States and/or other countries. By purchasing, licensing, downloading or using such products, you agree to comply with all international and national laws and regulations that apply to such products, including, without limitation, the U.S. Export Administration Act and the Arms Export Control Act.

9.2 If you order Products from our site for delivery outside the United States, your order may be subject to import duties and taxes which are applied when the delivery reaches that destination. Please note that we have no control over these charges and we cannot predict their amount. You will be responsible for payment of any such import duties and taxes. Please contact your local customs office for further information before placing your order. You must comply with all applicable laws and regulations of the country for which the Products are destined. We will not be liable or responsible if you break any such law.

  1. DOWNLOADING OF SOFTWARE AND ACCESS TO UPGRADES

10.1 If you have ordered Software from our site, you can use the Licence Key to download the Software in order to complete your purchase of the Software. For the steps you need to take download the Software, please see our Fuel 3D web-shop.

10.2 You will also be required to accept the terms of our licence agreement (Licence Agreement) before activating the Software. If you do not agree the terms of the Licence Agreement, we will not licence the Software to you and you will not be able to activate the Software.

10.3 If you have ordered Software which you have already downloaded on a free trial basis, you can complete your purchase by using the Licence Key. For the steps you need to take to do this, please see our Fuel3D web-shop.

10.4 If you have ordered an upgraded version of Software which you have previously purchased and downloaded, you can complete your purchase by using the Licence Key. For the steps you need to take to do this, please see our Fuel3D web-shop.

  1. PRICE OF PRODUCTS AND DELIVERY CHARGES

11.1 The prices of the Products will be as quoted on our site from time to time. We take all reasonable care to ensure that the prices of Products are correct at the time when the relevant information was entered onto the system. However if we discover an error in the price of Product(s) you ordered, please see clause 11.5 for what happens in this event.

11.2 Prices for our Products may change from time to time, but changes will not affect any order which we have confirmed with a Dispatch Confirmation.

11.3 The price of a Product does not include State sales, use or excise tax which may be required to be paid by applicable law. Any such price shall be your responsibility and added to the price of a Product.

11.4 The price of a Hardware Product does not include delivery charges.

11.5 It is always possible that, despite our reasonable efforts, some of the Products on our site may be incorrectly priced. If we discover an error in the price of the Products you have ordered we will inform you in writing of this error and we will give you the option of continuing to purchase the Product at the correct price or cancelling your order. We will not process your order until we have your instructions. If we are unable to contact you using the contact details you provided during the order process, we will treat the order as cancelled and notify you in writing. Please note that if the pricing error is obvious and unmistakable and could have reasonably been recognised by you as a mispricing, we do not have to provide the Products to you at the incorrect (lower) price.

11.6 Product prices and availability are subject to change at any time and without notice. The Fuel3D WebShop may place a limit, at any time and for any reason, on quantities that may be purchased per order, per account, per credit card, per person, or per household. The Fuel3D WebShop may also refuse, reject or cancel any order at any time and for any reason. If your credit card expires between when you place your order and when we process the transaction, we will cancel the order. We also reserve the right, in our discretion, to restrict or prohibit sales to dealers or resellers.

  1. HOW TO PAY

12.1 You can only pay for Products using a debit card or credit card. We accept the cards listed on our Fuel3D WebShop.

12.2 Payment for Hardware Products and all applicable delivery charges is in advance. In the case of Pre-Ordered Hardware Products, we will charge your debit or credit card with a deposit of ten per cent (10%) of the price of the Product (excluding applicable State Taxes and delivery charges) (or such other amount as stated during the order process and as confirmed on your Dispatch Confirmation), but otherwise we will not charge your debit card or credit card until we dispatch your order.

12.3 Payment for all Software is on an annual subscription basis, paid either annually or monthly in advance with automatic renewal. The first year of your subscription starts on the day you receive the Dispatch Confirmation and Licence Key. We will send you an email at least 7 days before the end of each year starting with the date you receive the Dispatch Confirmation and Licence Key (Renewal Date) to notify you that your subscription is due for automatic renewal and giving you instructions on how to cancel your subscription from the Renewal Date, if you wish to do so. If you cancel, the Software will be disabled from the relevant Renewal Date and you will not be able to use it after that date. If automatic renewal is not successful you will be able to renew your subscription from within the website customer portal once the renewal date has been reached.

12.4 If you have previously purchased Software and you buy a Licence Key for an upgraded version of the Software part way through a subscription year, we will give you credit for the time remaining under your existing subscription for the original Software from the date you receive the Dispatch Confirmation and Licence Key for the upgraded Software. Your annual subscription for the upgraded Software will run from the date you receive the Dispatch Confirmation and Licence Key for the upgraded Software.

  1. LIMITED WARRANTY UNTIL DECEMBER 31, 2017

If your product does not work properly because of a material defect in materials or workmanship, or does not conform in all material respects with the Product Description as described in the Fuel3D website, we will, for a period of
Until December 31, 2017 refund the price of the product and any delivery charges paid by you. The refund will be made on the credit or debit card on which the purchase was initially made. Alternatively, at our option, we will replace the product.
This warranty is extended only to the original purchaser of a new product. However, if you are a consumer, the recipient of your gift of a product will have the benefit of this warranty.

Warranty limits and exclusions
This warranty only covers material failures in products due to defects in materials or workmanship and does not cover the following:
• fair wear and tear or cosmetic damage;
• wilful damage, abnormal storage or working conditions, accident, negligence by you or by any third party;
• failure to operate or use the product in accordance with the user instructions;
• any alteration or repair by you or by a third party who is not authorized by us;
• any specification provided by you.

EXCEPT AS PROVIDED BY OUR LIMITED WARRANTY OUR PRODUCTS ARE PROVIDED ‘AS IS’ WITHOUT WARRANTIES OR CONDITIONS OF ANY KIND, WHETHER ORAL OR WRITTEN, EXPRESS OR IMPLIED. WE, ON BEHALF OF OURSELVES, OUR SUBSIDIARIES, AFFILIATES AND SUPPLIERS SPECIFICALLY DISCLAIM ANY IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, SATISFACTORY QUALITY, NON-INFRINGEMENT AND FITNESS FOR A PARTICULAR PURPOSE.
IN NO EVENT SHALL WE BE LIABLE FOR ANY INCIDENTAL OR CONSEQUENTIAL DAMAGES RESULTING FROM THE USE OF THE PRODUCT OR ARISING OUT OF ANY BREACH OF OUR WARRANTY, INCLUDING BUT NOT LIMITED TO LOSS OR CORRUPTION OF DATA, INFORMATION OR SOFTWARE, OR ANY LOSS OF PROFIT, LOSS OF BUSINESS, BUSINESS INTERRUPTION, OR LOSS OF BUSINESS OPPORTUNITY.
SOME JURISDICTIONS DO NOT ALLOW EXCLUSIONS OF IMPLIED WARRANTIES OR CONDITIONS, OR LIMITATION OR EXCLUSION OF INCIDENTAL AND CONSEQUENTIAL DAMAGES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. THIS WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS AND YOU MAY ALSO HAVE OTHER RIGHTS WHICH VARY ACCORDING TO APPLICABLE MANDATORY LAW.

If you purchased the product from our website, the terms of sale at the time of purchase apply.

Mail-in service
For warranty assistance for sales made from the USA please contact 252-702-5411 or login to your account on the Fuel3D US website and submit a support request. When instructed to do so, your product should be shipped prepaid to the address provided.

  1. LIMITATIONS OF LIABLILITY

IN NO EVENT SHALL WE BE LIABLE FOR ANY INCIDENTAL DAMAGES WHATSOEVER, INCLUDING BUT NOT LIMITED TO, INDIRECT, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING OUT OF OR RELATED TO THE OPERATION, USE OR PERFORMANCE OF THIS SITE, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR THE INFORMATION AVAILABLE FROM THIS SITE OR SERVICES, OR WITH RESPECT TO THE SALE OF ANY PRODUCT ON THIS SITE. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.

  1. COMMUNICATIONS BETWEEN US

15.1 When we refer, in these Terms, to “in writing”, this will include e-mail.

15.2 If we have to contact you or give you notice in writing, we will do so by e-mail or by pre-paid post to the address you provide to us in your order.

15.3 If you wish to contact us in writing for any reason, you can do so by e-mail or by pre-paid post to info@fuel-3d.com or 1800 North Greene Street; Ste J; Greenville, NC 27834. To cancel an Order under clause 5.7, where applicable, please use the “Manage your order” facility referred to in the Dispatch Confirmation email or contact us by email at orders@fuel-3d.com.

15.4 If you are a business, please note that any notice given by you to us, or by us to you, will be deemed received and properly served immediately when posted on our website, 24 hours after an e-mail is sent, or three days after the date of posting of any letter. In proving the service of any notice, it will be sufficient to prove, in the case of a letter, that such letter was properly addressed, stamped and placed in the post and, in the case of an e-mail, that such e-mail was sent to the specified e-mail address of the addressee. The provisions of this clause shall not apply to the service of any proceedings or other documents in any legal action.

  1. OTHER IMPORTANT TERMS

16.1 We may transfer our rights and obligations under a Contract to another organization, but this will not affect your rights or our obligations under these Terms.

16.2 You may only transfer your rights or your obligations under these Terms to another person if we agree in writing. However if you are a consumer and you have purchased a Product as a gift, you may transfer the benefit of our warranty in clause 13 to the recipient of the gift without needing to ask our consent.

16.3 This contract is between you and us. No other person shall have any rights to enforce any of its terms. However, if you are a consumer, the recipient of your gift of a Product will have the benefit of our warranty at clause 13, but we and you will not need their consent to cancel or make any changes to these Terms.

16.4 Each of the paragraphs of these Terms operates separately. If any court or relevant authority decides that any of them are unlawful or unenforceable, the remaining paragraphs will remain in full force and effect.

16.5 If we fail to insist that you perform any of your obligations under these Terms, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you and will not mean that you do not have to comply with those obligations. If we do waive a default by you, we will only do so in writing, and that will not mean that we will automatically waive any later default by you.

16.6 All intellectual property rights in Products offered for sale in the Fuel3d WebShop are the intellectual property of Fuel3D, Inc., its affiliates, or its suppliers.

16.7 Any software or technical data which is provided for or on behalf of the United States of America, its agencies and/or instrumentalities (“U.S. Government”) is subject to the following provision. Software and technical data rights granted to the U.S. Government include only those rights customarily provided to the general public as defined in any applicable license agreement and standard technical documentation. This customary commercial license is provided in accordance with Federal Acquisition Regulation 12.211 (Technical Data) and 12.212 (Computer Software) and, for Department of Defense purchasers, Department of Defense FAR Supplement 227.7202-3 (Rights in Commercial Computer Software or Computer Software Documentation) and 252.227-7015 (Technical Data – Commercial Items).

16.8 When you purchase software, you are actually purchasing a license to use the software rather than purchasing the software itself. Software licenses purchased at the Fuel3D site are subject to the license agreement that accompanies the software product. You will be required to agree to the terms and conditions of the license agreement at the time you install the software.

16.9 Fuel3D may terminate your account or use of the Fuel3D WebShop at any time and for any reason. By using the Fuel3D WebShop, you agree to be responsible for any orders you make or charges you incur prior to such termination. We may change, discontinue, or otherwise suspend the Fuel3D WebShop at any time, for any reason, and without prior notice to you.

16.10 These Terms and our privacy policy and terms of use together constitute the entire agreement between you and us. You acknowledge that you have not relied on any statement, promise or representation made or given by or on behalf of us which is not set out in these Terms or our privacy policy and terms of use.

16.11 North Carolina state law governs the interpretation of the Terms of Sale and the Contract formed between you and us and applies to claims for breach of them regardless of conflict of laws principles. The laws of the state where you live govern all other claims, including claims under state consumer protection laws.

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