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1. Applicability

These Terms and Conditions apply to any offer and all purchases submitted or to be submitted by you (the “Client”) for all AMTechniques device or other AMTechniques application (the “Products”), including, but not limited to, (i) hardware devices, accompanying items and accessories including devices, items or accessories containing pre-installed soft- and or firmware (“Hardware”), (ii) AMTechniques software, including content and content programs offered by AMTechniques and all Internet-based downloadable (“Software”) and (iii) services offered by AMTechniques from time to time (“Services”).

These Terms and conditions are not applicable to registered “Resellers”, the applicable terms and conditions for resellers are described in the “Reseller Agreement” provided by AMTechniques B.V.

2. ORDERS

Any purchase order submitted and/or order at amtechniques.com is subject to acceptance by AMTechniques. Only upon acceptance by AMTechniques by way of an order confirmation is the agreement concluded. AMTechniques reserves the right to reject any orders in full or in part.

3. PRE-ORDERS

Down payment or full payment is required at time of placing a Pre-Order. Any Pre-order submitted and/or order at amtechniques.com is subject to acceptance by AMTechniques. Only upon acceptance by AMTechniques by way of an order confirmation is the agreement concluded. AMTechniques reserves the right to reject any orders in full or in part. Once you place your pre-order, your pre-order is final, non­cancelable and non­refundable. If AMTechniques is unable to commence shipping the Product on or before the one-year anniversary of your placing the Pre-Order, you can request a full refund.

The expected shipping date for Pre-Order Products will be clearly noted on each Product page, subject to reasonable delays in manufacturing and/or delivery. Such date is only an estimate, is subject to change, and Company does not represent or warrant that it will be able to ship the Product by the estimated date.  As a result, in the event that a delay arises and the estimated shipment and/or release of the product is not met, AMTechniques is not responsible for any damages that may occur due to the delay, nor shall it be obligated, except as set forth in these Terms, to provide any discounts, refunds or credits due to any such delays. The Products will be shipped in the order in which your Pre-Order is received by AMTechniques.

When ordered items are ready for shipping. Buyers have 2 weeks to settle their unpaid balance. Or we have the right to sell the item to other interested buyers. No refund policy applies.

4. PRICE AND PAYMENT

Prices indicated on the website are including Dutch VAT (21%). The Client is responsible for any such state and local sales and use taxes, and any other taxes and government levies, if any, associated with the order. Shipping and handling charges (if any) will apply in addition.

5. DELIVERY AND RISK OF LOSS

AMTechniques will endeavor to send or activate the Product within the mentioned “shipping time” on the products page at amtechniques.com after order acceptance. If multiple Products are ordered, AMTechniques reserves the right to deliver or activate each Product separately. Products will be delivered either to the Client’s delivery address or possession, or electronically. The risk of loss or damage to the Products will pass to the Client at the moment the Products leave the AMTechniques warehouse. If Client refuses or neglects to take delivery of the Products, AMTechniques reserves the right to charge the Client up to the full order value. In case the wrong Product is delivered, it shall be returned to AMTechniques at AMTechniques expense.

6. RETURN POLICY

If Client chooses to return any Hardware, Client must create a “Return Request” on AMTechniques’s web shop within fourteen (14) days to obtain a RE-number and return the Hardware in its original packaging, free of damages, all interests, liens, or claims otherwise, to the address provided by AMTechniques. AMTechniques will not issue any refunds in response to requests made more than fourteen (14) days following receipt of the item. AMTechniques will only accept returns on items purchased directly from the AMTechniques’s web shop or store. During receipt of the goods at the AMTechniques’s warehouse AMTechniques will perform inspection of the goods. If the goods are badly packed (i.e. the packaging looks like damage to the product could have occurred during shipment), goods are altered or wrong amounts are shipped, AMTechniques withholds the right to reject the shipment. All shipping costs related to the refund are borne by the Client.

If the item has not been opened, AMTechniques will refund the purchase price actually paid minus shipping and restocking fee maximum 30 days after receipt of the goods at AMTechniques’s warehouse. The restocking fee of up to 20% of the total invoice value and will be determined by the sole discretion of AMTechniques after receipt of the Goods. If the item has been opened and/or altered, AMTechniques will charge a fee up to the full order amount in addition to shipping and handling charges to retrieve the products to AMTechniques’s warehouse. AMTechniques will not issue refunds for products that have been altered, used, or damaged in any way. All sales of products sold as Refurbished are final and cannot be returned, refunded or altered in any way.

7. THIRD PARTY SOFTWARE MATERIALS

AMTechniques’s Products may make use of third party software codes, data, information functionality, other content and algorithms (“Third Party Materials”). The use of Third Party Materials included in the Products may be subject to other terms and conditions. The copyright notices and specific license conditions of these Third Party Materials can be obtained from the relevant third party. Client agrees that the submission of any order implies that Client have read and accepted the terms and conditions for any Third Party Materials included in the Products ordered.

8. WARRANTY

AMTechniques offers a limited carry in warranty (“Warranty”) that the Hardware will be free from defects in workmanship and materials under normal use (“Defects”) for a period of one (1) year from the date the Hardware was purchased (“Warranty Period”) unless an extended warranty has been purchased by the Client. With the exception of the duration of the Warranty, all terms and conditions of the Warranty apply to any extended warranty. All sales of products sold as Refurbished will have the same carry in warranty for a period of 90 days from the date the Hardware was purchased.

This Warranty does not cover damage caused by normal wear and tear and does not cover consumables such as the vacuum seal for filament. The warranty does not cover damage as a result of the Hardware being opened or repaired by someone not authorized by AMTechniques, and does not cover damage caused by: misuse, moisture, liquids, proximity or exposure to heat and accident, abuse, non-compliance with the instructions supplied with the Hardware, neglect or misapplication.

During the Warranty Period, the Hardware will be repaired or replaced by without charge for either parts or labor. The customer has the option to either receive the spare parts without charge or to ship the product to AMTechniques for a free repair. Shipping costs, duties, VAT and handling costs are expressly excluded from the Warranty.

The following is expressly excluded from the Warranty:

1. Any unauthorized modification or repair, where tampering/disassembly is evident, or improper disassembly/re¬assembly even if authorized;

2. Damage caused by drying of materials which are not approved by AMTechniques.

3. Damage caused by using 3rd party software, USB cables, or power supplies not certified or sold by AMTechniques;

4. Consumables such as the vacuum seal for filament;

5. Costs of shipping and handling, including duties & VAT if applicable;

6. Damage due to shipping;

7. Incidental or consequential damages such as water, excess heat, electrical discharge, abuse, misuse, neglect, unusual operating conditions or improper storage;

8. Normal wear & tear including scratches and nicks;

9. Problems reasonably repairable by the customer;

In order to make a claim under the Limited Warranty of a Defect, Client must create a “Warranty Request” on AMTechniques’s web shop in order to obtain a RE-number and return the products if applicable. This Warranty does not apply when the proof of purchase cannot be confirmed or is claimed by anyone other than the Client. The Hardware must be returned to AMTechniques as soon as possible following Client’s notification of the Defect, along with an explanation of the Defect, to the address provided by AMTechniques. Client must comply with any other return procedures stipulated by AMTechniques, if any. This Warranty is not transferable.

9. LIMITATION OF LIABILITY

Neither AMTechniques nor its suppliers shall be liable to Client or to any third party for any indirect, incidental, consequential, special, punitive, or exemplary damages (including in each case, but not limited to, damages for the inability to use or access the products, loss of data, loss of business, loss of profits, business interruption or the like) arising out of the use of or inability to use the products, even if AMTechniques has been advised of the possibility of such damages.

10. EXPORT CONTROLS

Client shall comply with all applicable laws and regulations, including without limitation the Dutch Administration Act, regarding the export of technology with respect to the Products.

11. FORCE MAJEURE

Force majeure means circumstances that impede the fulfillment of AMTechniques’s obligations under these Terms and Conditions which are not within AMTechniques’s reasonable control, including late and/or delayed deliveries and incomplete deliveries by AMTechniques caused by circumstances beyond AMTechniques reasonable control. In a force majeure situation, all of AMTechniques’s obligations shall be suspended. Should the period in which AMTechniques cannot fulfill its obligations as a result of force majeure continue for longer than ninety (90) calendar days, both parties shall be entitled to dissolve the purchase agreement in writing without there being an obligation to pay any compensation whatsoever arising out of or in connection with that dissolution.

12. PRIVACY

The information you provide for the Order of Products will be subject to the AMTechniques Privacy Policy.

13. THIRD PARTY RIGHTS

Third parties have no rights under applicable legislation in relation to the rights of third parties to rely upon or to enforce any term of these Terms and Conditions but that does not affect any right or remedy of a third party which exists or is available apart from such applicable legislation.

14. SURVIVAL

Any provisions in these Terms and Conditions which by their nature extend beyond the termination or expiration of any sale or license of the Products will remain in effect.

15. SEVERABILITY

If any provision of these Terms and Conditions is deemed to be void, invalid, unenforceable or illegal, the other provisions shall continue in full force and effect. AMTechniques and the Client are deemed to have agreed to new terms and conditions in substitution for such invalid provisions. These new terms and conditions shall be interpreted, as regards their contents and effect, as closely as possible to the original text as written but in such a way that rights can indeed be derived from them.

16. GOVERNING LAW

These Terms and Conditions and any disputes related to these Terms and Conditions or to the purchase and use of the Products or otherwise are subject to the laws of The Netherlands. The United Nations Convention on Contracts for the International Sales of Goods is hereby excluded from application to these Terms and Conditions. All disputes arising out of these Terms and Conditions shall be settled by courts venues in Den Haag, which will have exclusive jurisdiction in respect of any such disputes.

Last updated 12-10-2019