Terms of Service
Last updated: November 15, 2017
You, defined herein as the customer, purchaser, or buyer (the “Buyer”) agree to the following terms (the “Agreement”) in connection with any proposal, agreement, contract, and/or purchase order between Buyer and Boston 3D Printers, LLC (the “Seller”):
1. Products: The term “Products” collectively refers to Seller's refurbished professional full color 3D printers, post-processing equipment, consumables, spare parts, supplies and/or accessories.
2. Refurbished Equipment: All Products listed as “refurbished” including 3D printers, post-processing equipment, supplies, spare parts and/or accessories sold by Seller are second hand goods, and Seller makes no warranty of any kind, and sells goods on an “As is,” “As inspected,” and “With all faults” basis. Seller makes no warranty of any kind whatsoever, specifically any warranty of merchantability or fitness for a particular purpose. Seller disclaims any reliance by the Buyer on Seller’s skill, or judgment to select or furnish the refurbished equipment for any particular purpose, expressed or implied. Refurbished equipment purchased as is, cannot be returned, nor will we provide parts, after-sale repairs, refunds or reimbursements of any kind.
3. Terms of Payment: 100% prepaid by bank-to-bank (wire) transfer.
4. Terms of Delivery: Delivery shall be Ex Works for all customers located in the United States. The specified place of pickup is the location of the 3D printer within our warehouse. The Buyer is responsible for all shipping arrangements and freight costs for all Products, unless specifically stated to the contrary on your invoice contract, including packing, moving, shipping, rigging and insurance. Freight costs should be quoted from zip code 01801 and include lift gate pickup service with a capacity of at least 1,000 pounds. Buyer must give Seller seven (7) days prior written notice before entering the Seller’s premises to load used equipment or to perform dismantling work. Seller may deny Buyer access to the premises if such notice has not been given.
5. Risk of Loss: Risk of loss in all Products sold hereunder shall pass to Buyer upon Seller’s delivery to carrier at the designated shipping point at Seller's place of business.
6. Inspection: Buyer is invited, urged and cautioned to inspect the Products prior to purchase. The Products will be available for inspection at the places and times specified by Seller.
7. Maintenance and Repair: All maintenance and repair costs to the Products shall be paid by Buyer and Seller is hereby relieved from any responsibility to maintain or repair said Products after the date of purchase.
8. Title: Title shall not pass to Buyer upon delivery of the Products, but shall remain vested in Seller until the entire purchase price and applicable taxes are paid in full.
9. Indemnification: Buyer agrees to indemnify, hold harmless and defend Seller, its subsidiaries, affiliates or agents of and from any and all claims or liabilities involving, or alleged to involve, these Products, which are caused by acts or omissions of the Buyer, his employees, assigns or agents.
10. Machine Use and Safety: Buyer acknowledges that the Products described herein are pre-owned refurbished or used goods, which were neither designed nor manufactured by Seller. Nor does Seller have the knowledge of, or control over the future application of these Products by the Buyer. It is the Buyer’s responsibility to provide proper safety devices and equipment for any particular use, operation, or setup, and to take all necessary steps to conform to all federal, state, and local government safety standards, including OSHA.
11. Force Majeure: Seller shall not be liable to Buyer for any delay or failure in performance caused by acts beyond Seller’s control, including but not limited to: acts of God, war, vandalism, sabotage, accidents, fires, floods, strikes, labor disputes, mechanical breakdown, shortages or delays in obtaining suitable parts or equipment, material, labor, transportation, acts of any unit of government or a governmental agency, or any similar cause.
12. Limitation of Liability: THE MAXIMUM LIABILITY, IF ANY, OF SELLER FOR ALL DIRECT DAMAGES, INCLUDING WITHOUT LIMITATION, CONTRACT DAMAGES AND DAMAGES FOR INJURIES TO PERSONS OR PROPERTY, WHETHER ARISING FROM SELLER’S BREACH OF THIS AGREEMENT, BREACH OF WARRANTY, INDEMNITY, NEGLIGENCE, STRICT LIABILITY, OR OTHER TORT, OR OTHERWISE WITH RESPECT TO THE PRODUCTS, OR ANY SERVICES IN CONNECTION WITH THE PRODUCTS, IS LIMITED TO AN AMOUNT NOT TO EXCEED THE PRICE OF THE PARTICULAR GOODS. IN NO EVENT SHALL SELLER BE LIABLE TO BUYER FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, OR SPECIAL DAMAGES, INCLUDING WITHOUT LIMITATION, LOST REVENUES AND PROFITS, EVEN IF SUCH DAMAGES WERE FORESEEABLE OR SELLER HAD BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE RIGHT TO RECOVER DAMAGES WITHIN THE LIMITATIONS SPECIFIED IS BUYER’S EXCLUSIVE REMEDY.
13. Taxes: Prices shown do not include sales or other taxes imposed on the sale of goods. Taxes now or hereafter imposed upon sales or shipments will be added to the purchase price. Buyer agrees to reimburse Seller for any such tax or provide Seller with acceptable tax exemption certificate.
14. Governing Law and Jurisdiction This Agreement shall be interpreted under, and governed by, the laws of the Commonwealth of Massachusetts. Any suit or proceeding relating to this agreement or the goods may be brought in the courts, state or federal, located in Boston, Suffolk County, Massachusetts. BUYER HEREBY CONSENTS TO THE PERSONAL JURISDICTION AND VENUE OF THE COURTS, STATE AND FEDERAL, LOCATED IN BOSTON, SUFFOLK COUNTY, MASSACHUSETTS.
15. Export Control: Buyer agrees to comply with all export laws, restrictions and regulations of the United States governing or relating to the Products purchased under this Agreement from Seller. Buyer represents and warrants to Seller that Buyer is not procuring the product purchased under this Agreement with the intent to export such product in violation of the United States export control laws and regulations, and that Buyer is not a national or resident of any country subject to a US embargo, including without limitation Iran, Myanmar, North Korea, Sudan or Syria. Buyer will indemnify, defend and hold Seller harmless from and against any and all claims, liabilities and damages incurred by Seller arising out of Buyer's breach of these obligations.
16. Severability: If any provision of the Agreement is found to be invalid, illegal or unenforceable, then, notwithstanding such invalidity, illegality or unenforceability, the Agreement and the remaining provisions shall continue in full force and effect. In this event the parties will agree upon a valid, binding and enforceable substitute provision which shall be as close as possible to the commercial interests of the invalid or unenforceable provision.
17. Dispute Resolution: Buyer and Seller shall endeavor to resolve any controversy, claim or dispute arising out of or relating to the Agreement, or the performance or breach thereof, by negotiation. Any claim that is not resolved by negotiation within thirty (30) days of notification shall be settled by arbitration administered by the American Arbitration Association under its Commercial Arbitration Rules, and judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. The hearing locale will be held in the AAA office closest to the Boston 3D Printers corporate headquarters.
18. Inquiries: If you have any questions about our Terms of Service, you may contact us at email@example.com