MAKERCARE EXTENDED SERVICE PLAN: MAKERBOT METHOD SERIES

LAST DATE UPDATED: August 10, 2021

Your MakerCare Extended Service Plan (“MakerCare” or the “Plan”) for MakerBot Method, MakerBot Method Carbon Fiber Edition, and MakerBot Method X (the “Product”) is governed by these Terms and Conditions (the “Terms”) and constitutes the service contract (the “Contract”) between MakerBot Industries, LLC (“MakerBot”) and you (“Customer”). MakerCare is additional to the coverage provided by the MakerBot Limited Warranty for defective parts.

1. CONTRACT TERM

(a) Customers must make the initial purchase of MakerCare during the Warranty Period of the Product, as defined and detailed in the MakerBot Limited Warranty. At such time of purchase, Customers can select an initial MakerCare coverage period of one (1), two (2), or three (3) years (“Initial Coverage Period”). A Coverage Period will begin on the date the Customer purchases the Product covered by the Plan. Customers can renew their Coverage Period for additional one (1) year periods (each a “Renewal Coverage Period” and together with the Initial Coverage Period, the “Coverage Period”) at any time during the Initial Coverage Period. The maximum Coverage Period available is five (5) years from the date the Customer purchases the Product covered by the Plan.

(b) MakerCare is linked to the serial number of your Product found inside the packaging. Every Customer is required to activate MakerCare using the serial number of the Product. MakerCare automatically activates for those Customers who purchase digital MakerCare.

(c) MakerCare only covers one (1) Product.

(d) MakerCare may not be resold and is non-transferable and non-refundable, unless Product is returned in accordance with the thirty (30) day Return Policy outlined in the MakerBot Terms and Conditions of Sale, in which case the cost of MakerCare is refundable.

(e) MakerCare is available only in all of the 50 United States, plus the District of Columbia, Canada, Puerto Rico, and the United States Virgin Islands*.

2. WHAT IS COVERED

a. Scope. The following scope of the Plan is subject to the limitations described in Section 2.b.:

i. Support. The Plan provides unlimited Live Chat, email, and phone support from MakerBot Support during Business Hours (defined below) with a response time of up to eight (8) Business Hours (“Support”).

ii. Service Level. The Plan provides replacement parts and return shipping** due to normal wear and tear and accidental damage during the Coverage Period, repair of the Product by MakerBot, or a Hot-Swap***. A “Hot-Swap” means (i) MakerBot MakerBot ships a replacement Product† to the Customer before MakerBot receives the defective Product from Customer, and (ii) Customer returns the defective Product within thirty (30) days of receipt of the replacement Product. Customer will be charged the full retail price of the Product and the Plan will be cancelled if Customer does not return the defective Product within thirty (30) business days of receipt of the replacement Product.

b. Limitations.

i. Customers will only be covered for up to four (4) incidents under the Plan per year in a Coverage Period. An “incident” means that a Customer either receives (a) a replacement part from MakerBot or (b) mail-in, physical service on a Product performed by MakerBot.

ii. Accidental damage only includes a dropped build plate (preventing the Customer from printing), a nicked build plate from print removal (preventing the Customer from printing), and a misaligned gantry from the initial shipping of Product from MakerBot to Customer.

iii. The Plan will cover the following non-consumable parts: motherboards, LCD displays and user interface components (buttons and dials), touch pads, power supplies, cables and wire harnesses, motors and mechanical components.

iv. In addition to the non-consumable parts described in Section 2.b.iii. above, a Plan with a three (3) year Initial Coverage Period will cover Model and Support extruders during the Initial Coverage Period of such Plan.‡

c. Exclusions.

i. Except as otherwise stated herein, the Plan does not cover the following consumable parts: extruders, build plates damaged for reasons other than accidental damage described in Section 2.b.ii. above, filament, including those parts used in troubleshooting.

ii. The Plan does not cover any damage due to liquid.

iii. The Plan does not cover damage due to abuse, neglect or misuse, extreme environment, unusual physical or electrical stress or interference, exposure to moisture, flooding, fire, or electrical problems associated with incoming power or other acts not the fault of MakerBot.

iv. The Plan does not cover a Product with an altered or removed serial number, or a lost or stolen Product.

v. The Plan does not cover damage resulting from hardware, software, or firmware modifications to the Product.

vi. The Plan does not cover damage due to failure to comply with Product shipping instructions and/or packing documentation.

vii. The Plan does not cover accessory parts.

viii. The Plan does not cover defective parts. For replacement of a defective part that existed at the time of purchase, see the MakerBot Limited Warranty.

3. OBTAINING SERVICE

a. The original purchaser of the Product and Plan may initiate contact with Support via Live Chat, a phone call, or submit a support case online to: https://www.makerbot.com/support/select.

b. Support Hours of Operation: 9:00AM to 6:00PM ET Monday-Friday (“Business Hours”). Business Hours of operation are subject to change.

c. Support determines course of action. The decision to issue replacement parts or have Product or parts of Product returned for servicing is at Support’s discretion. If replacement parts are deemed necessary, Support will coordinate shipment to you. If replacement parts are deemed unnecessary by Support, Customer may purchase a replacement part at a cost. For service requiring return of Product or parts of Product, Support will issue a Return Merchandise Authorization (“RMA”) Number to Customer. Unauthorized returns will not be accepted under any circumstances. MakerBot will cover shipping both ways, but Support will choose and pay for method of return shipment to Customer.

4. PRIVACY; USER INFORMATION

Other than personally identifiable information, which is subject to the Privacy Policy of www.makerbot.com (the “Website”), any material, information, suggestions, ideas, concepts, know-how, techniques, questions, comments or other communication you transmit in any manner (“Communications”) is and will be considered non-confidential and non-proprietary. We and our respective affiliates and our or their designees may use any or all Communications for any purpose whatsoever, including, without limitation, reproduction, transmission, disclosure, publication, broadcast, development, manufacturing and/or marketing in any manner whatsoever for any or all commercial or non-commercial purposes. We may, but are not obligated to, monitor or review any Communications. We will have no obligation to use, return, review, or respond to any Communications. We will have no liability related to the content of any such Communications, whether or not arising under the laws of copyright, libel, privacy, obscenity, or otherwise. We retain the right to remove any or all Communications that includes any material we deem inappropriate or unacceptable.

5. DISCLAIMERS

MAKERCARE IS NOT A SEPARATE WARRANTY OR LIMITED WARRANTY. MAKERCARE IS IN ADDITION TO MAKERBOT’S LIMITED WARRANTY. MAKERCARE IS AN OPTIONAL PROTECTION PLAN FOR SERVICE AND TECHNICAL SUPPORT THAT MUST BE PAID FOR BY CUSTOMERS IN ADDITION TO THE PURCHASE PRICE OF THE PRODUCT.

6. LIMITATIONS OF LIABILITY

TO THE FULLEST EXTENT PERMITTED BY LAW, NEITHER MAKERBOT NOR ITS SUPPLIERS SHALL BE RESPONSIBLE OR LIABLE WITH RESPECT TO ANY SUBJECT MATTER OF THIS AGREEMENT OR TERMS OR CONDITIONS RELATED THERETO UNDER ANY CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHER THEORY FOR (A) LOSS OR INACCURACY OF DATA OR COST OF PROCUREMENT OF SUBSTITUTE GOODS, SERVICES OR TECHNOLOGY, OR (B) ANY INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES INCLUDING, BUT NOT LIMITED TO LOSS OF REVENUES AND LOSS OF PROFITS. TO THE MAXIMUM EXTENT PERMITTED BY LAW, MAKERBOT’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.

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, THIS LIMITED WARRANTY DOES NOT EXCLUDE, RESTRICT OR MODIFY STATUTORY RIGHTS APPLICABLE TO WHERE THE PRODUCT IS SOLD BUT, RATHER, IS IN ADDITION TO THESE RIGHTS.

7. SEVERABILITY

In the event that any of the provisions of this Contract shall be held by a court or other tribunal of competent jurisdiction to be unenforceable, the remaining portions of this Contract shall remain in full force and effect, provided that in such event the parties agree to negotiate in good faith substitute enforceable provisions which most nearly effect the parties’ intent in entering into this Contract.

8. CHOICE OF LAW; JURISDICTION

This Contract shall be governed by and construed in accordance with the laws of the State of New York, U.S.A., without regard to the choice-of-law principles thereof that would result in the application of the laws of a State other than New York. Any dispute between the parties arising under or relating to this Contract shall be subject to the exclusive jurisdiction of the United States District Court for the Southern District of New York state or the State courts sitting in the Borough of Manhattan, City of New York. A printed version of these Terms will be admissible in judicial and administrative proceedings based upon or relating to these Terms to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.

MAKERBOT, METHOD and MAKERCARE are trademarks or registered marks of MakerBot Industries, LLC. All rights reserved.