Agreement
Agreement #: |
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Version: |
1.0 |
Customer: |
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Product: |
ILPD |
Service: |
4D-20 |
This Sales and Service Agreement (the “Agreement”) is entered into and made effective as of the last date on which an authorized representative of the parties signs below (the “Effective Date”) by and between LuxCreo Inc. (“LuxCreo” or “Company), and the CUSTOMER identified below (the “Customer”).
In view of:
- LuxCreo manufactures, sells, licenses, and distributes the Products and Services defined in this Agreement.
- The Customer desires to purchase the Products and Services from LuxCreo in accordance with this Agreement and its attachments.
Therefore, the two parties hereby agree as follows:
[Rest of this page is intentionally left empty]
- Preamble
The headings in this Agreement are for reference only and do not affect the meaning of this Agreement and its interpretation.
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Scope of Product Sales & Service Plan
- Solution: ILPD (the “Product”, detailed specifications of the Product annexed hereto as Appendix A.)
- Supporting Software:
See invoice for software licenses.
- Supporting Accessories:
See accessory packing list document.
- Resins:
See invoice for resins and quantities.
- Service Plan
The Terms and Conditions of Service Plan annexed hereto as Appendix B are incorporated herein by reference as if fully set forth herein and shall be deemed to form an integral part of this Agreement.
- Solution Package: The “Solution Package” is defined in this Agreement as the set of all items under Article 1 to Article 2.5 in aggregate.
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Solution Package Price
- Solution Package Price: The Customer shall pay LuxCreo the net Price, plus any associated local and government tax and fees, for the purchase of the Solution Package per invoice document [xxxxxxx] also noted in Appendix D.
- Shipping and Handling Fees: The Price in Article 1 includes ocean and ground shipping and handling cost of the Solution Package under Article 2 from the LuxCreo warehouse to the Customer receiving site (Article 5.2) at the LuxCreo’s arrangement.
- Site Preparation Cost: The Price in Article 1 does not include the site preparation, if any, nor the on-site installation costs for the Solution Package. The Customer is solely responsible for meeting the Product Operating Environment Requirements in Appendix E prior to commissioning the Product.
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Payment Terms (the “Payment Term”)
- Customer shall pay LuxCreo the Price (1) in accordance to the following payment schedule.
Payment Milestone |
Payment Term |
Amount (Of the Price) |
Due at Signing |
Ex-Work |
xxxxxx |
Remainder |
|
(Appendix D) |
- Both parties agree that the Solution Package Price shall be paid in US Dollar, and the Customer shall perform its payment obligation by means of bank wire transfer or ACH payment to LuxCreo’s bank account indicated below:
Bank Name: Silicon Valley Bank (SVB-USA)
ABA: 121140399
Account Name: LuxCreo Inc.
Account Number: 3302733154
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Product Delivery and Acceptance
- Product Delivery. Upon receiving payment from the Customer in full, LuxCreo shall deliver the Solution Package and the related manuals and documentation (Article 8.2) under this Agreement to the carrier for delivery to the Customer’s designated receiving address (Article 2) within 60 days. This term applies solely to the Solution Package, excluding the Service Plan as outlined in Article 2.5. The delivery of the Service Plan will be agreed upon separately by both parties.
- Customer Receiving Site. Customer designates the following for Product reception.
Receiving Address: __________________
__________________
__________________
Contact Person: __________________
Contact Phone #: __________________
Contact Email: __________________
- Delivery Terms. Unless otherwise agreed in this Agreement, the delivery terms are:
Terms: Delivered at Place (DAP)
Shipment: By the best way
Destination: Customer Receiving Address (Article 5.2)
Payment: Terms (Article 4.1)
- LuxCreo shall use packaging materials to ensure that the Product is not damaged during transportation at best effort. LuxCreo shall bear the packaging and the shipping insurance fees.
- Product Reception. After the Product is delivered, Customer shall immediately conduct an on-site inspection of the Product model, appearance, and quantity.
- If there is any inconsistency with the Agreement, Customer has the right to refuse to receive the Product and request corrective actions from LuxCreo.
- After Customer has verified that the model, appearance, and quantity of the Product are correct, Customer shall sign the delivery receipt or other delivery document as confirmation of receipt. The signing time registered on this delivery document shall serve as the Customer’s Product reception time (the “Product Reception Time”).
- Product Inspection and Acceptance. LuxCreo guarantees that all delivered Product and materials meet the agreed specifications and workmanship under this Agreement.
- Product Inspection and Acceptance. Customer shall complete the Product inspection in accordance with the specifications agreed in this Agreement at the presence of at least one LuxCreo representative within 15days of the Product Reception Time. Customer shall sign the Product Acceptance Report (Appendix C) upon successful completion of the inspection.
- Corrective Actions. If an inspection or test shows that a delivered Product does not meet the specifications under the Agreement, Customer has the right to refuse to accept part or all of the Products delivered. In this case, LuxCreo shall repair, replace, or modify the Product in accordance with the Agreement specifications free of charge. In addition, LuxCreo shall work with Customer on setting a date for re-inspection and bear all expenses incurred. LuxCreo shall bear all costs for the corrective actions.
- Correction Validation. Any corrected Product shall be tested at least 3 times and achieve satisfactory results in succession before declaration of compliance. LuxCreo shall bear all testing costs.
- Report Window. For any quality issue, Customer shall notify LuxCreo in writing within the respected time frame; otherwise, the associated goods shall be deemed as qualified and fully accepted as is.
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Intellectual Property
- LuxCreo has sole ownership and/or intellectual property rights to any technology, data, trademarks, patents and/or intellectual property involved in any part of the Solution Package under this agreement. LuxCreo has not granted Customer the license to use the above rights. For any express or implied authorization, Customer shall not obtain or be deemed to have obtained any of the above-mentioned intellectual property rights owned by LuxCreo as a result of the signing or performance of this Agreement; Customer shall not prohibit or restrict LuxCreo from selling, transferring, or licensing to a third Party on the Product and/or supporting software, accessories, parts, and related technologies, data, trademarks, and patents associated with this Agreement.
- Customer shall not reverse engineer the technology and data in any part of the Solution Package under this Agreement.
- Customer can only use any part of the Solution Package under this Agreement for their own use. Customer shall not sell, lease, or lend any part of the Solution Package under this Agreement to any third Party, unless with a prior written consent from LuxCreo.
- If Customer uses any part of the Solution Package under this Agreement to print items that infringe on the rights and interests of other third Parties, Customer shall fully indemnify LuxCreo from any legal liability resulting from such Customer breach; if the third Party requires LuxCreo to first bear the liability for compensation, LuxCreo has the right to claim full compensation from Customer.
- Customer shall not register, file, or use any trademarks, trade names, words, signs, symbols, or copyrights that are the same as or similar to LuxCreo’s intellectual property rights.
- Customer shall not partake in any action that could lead to any damage of LuxCreo’s intellectual property rights, product reputation, or service reputation.
- The Customer shall not use LuxCreo’s intellectual property rights or expand the use of LuxCreo’s trademarks and logos, unless with a prior written consent from LuxCreo.
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Confidential Information
- The Customer is obliged to keep confidential any information that LuxCreo has not disclosed to the public (including but not limited to trade secrets, technical information, financial information, etc.) and/or the content of this Agreement that is known to the Customer during the process of signing and performing this Agreement.
- The Customer shall not disclose the above information (Article 1) to any third party for any purpose, unless with a prior written consent from LuxCreo. These confidentiality obligations shall survive the invalidity, cancellation, or termination events of this Agreement.
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Post-Sales and Quality Assurance
- Initiation Training. After the Product is accepted by Customer (Article 5.6), Customer will notify LuxCreo in writing to schedule the free initiation virtual training (Appendix F) on installation, commissioning, and end-to-end processing, and maintenance. If Customer fails to set up the Product operating environment in accordance with the requirements in Appendix E, LuxCreo has the right to postpone the commissioning and training of the Product without breaching the Agreement.
- LuxCreo shall provide following document with the Product Delivery
- Product manual
- Product installation guide (including operating environment requirements)
- Other related technical specs and documentation
- Please refer to Appendix F “LuxCreo’s Limited Hardware Warranty Policy."
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Breach of Agreement
- Right to Operate. LuxCreo guarantees that the goods sold to Customer under this Agreement do not infringe any third Party right.
- If LuxCreo is found to be in violation of this clause, Customer has the right to terminate this Agreement and get a full refund of all the payments made upon the return of all the goods received under this Agreement to LuxCreo. In addition, LuxCreo shall actively resolve the third Party dispute and bear all corresponding legal liabilities; if the third Party requires Customer to bear the liability for compensation, Customer shall have the right to claim full amount from LuxCreo.
- Termination Prior to Product Shipment. Unless otherwise agreed in this Agreement, LuxCreo reserves the right to terminate the Agreement prior to the Product shipment. In this case, LuxCreo shall notify Customer in writing 10 days in advance and refund all Customer payments received.
- Ownership Prior to Full Payment. LuxCreo shall retain full ownership of all part of the Solution Package under this Agreement until the Customer completes all payments of in full.
- Termination Returns. In the event when the Agreement is terminated for any reason, Customer shall return within 15 days all parts of the Solution Package received; otherwise, Customer shall be liable to the corresponding expenses and legal responsibilities in accordance to LuxCreo demand.
- The terminating Party shall bear the freight for the return. Both Parties shall share the return freight equally in the termination event due to force majeure.
- Product Exchange. If the Product delivered do not meet the acceptance criteria within 45 days agreed in this Agreement, Customer has the right to request LuxCreo to exchange the Product. LuxCreo shall bear the freight for the exchange. If the acceptance criteria are still not met after the replacement, Customer has the right to terminate this Agreement, and LuxCreo shall refund in full all payments received excluding consumables used by the Customer under this Agreement.
- Termination without Cause. If Customer terminates this Agreement without cause, LuxCreo reserves the right to retain all or part of the Customer payments received.
- Intellectual Property Violation. If Customer violates any term in Article 6 (Intellectual Property) of this Agreement, Customer shall return to LuxCreo all profits gained and pay LuxCreo a penalty equal to the larger of 20% of the total Solution Package Price of this Agreement or the total loss incurred by LuxCreo (including but not limited to: direct economic losses, loss of market share, litigation fees, attorney fees, notarization fees, appraisal fees, insurance fees, preservation fees, etc. paid by LuxCreo to resolve disputes with the Customer).
- Confidentiality Violation. If Customer violates the confidentiality obligations under this Agreement, Customer shall pay LuxCreo a penalty equal to the larger of 20% of the total Solution Package Price of this Agreement or the total loss incurred by LuxCreo (including but not limited to: direct economic losses, loss of market share, litigation fees, attorney fees, notarization fees, appraisal fees, insurance fees, preservation fees, etc. paid by LuxCreo to resolve disputes with the Customer).
- Other Business Violation. If Customer violates this Agreement by selling, renting, financial leasing, lending, or engaging in any other form of business activity with a third Party on any part of the Solution Package, LuxCreo has the right to fine Customer with a penalty equal to 20% of the total Solution Package Price of this Agreement; and LuxCreo shall no longer bear any warranty responsibility; and Customer shall take full responsibility of the loss or damage incurred by this third Party. If this third Party requires LuxCreo to first bear the liability for compensation, LuxCreo shall have the right to claim full amount from the Customer.
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Limitation of Liability
- In no event shall LuxCreo be liable for loss of profit, damages and direct or indirect losses of any kind claimed by the Customer, including printer-stops, failure to produce, downtimes or loss of production. LuxCreo's total liability arising out of and/or relating to this Agreement shall be limited to the Solution Package Price only.
- LuxCreo is responsible for the compliance of the Solution Package with the legislative requirements in force in the country of LuxCreo. The Consumer alone shall be responsible for informing LuxCreo, upon placing the purchase order, of any and all laws, regulations and safety standards required in the country where the Solution Package shall be installed in order to allow LuxCreo to comply with such laws, regulations and standards in relation to the Solution Package to be delivered. The Consumer shall also ensure that, after delivery and installation, the Solution Package complies with the laws, regulations and safety standards of the country in which the Solution Package is finally assembled, and shall hold LuxCreo harmless from any claims arising out of any failure of the Consumer either to inform LuxCreo upon placing the order, or any failure to ensure the compliance of the Solution Package with the laws, regulations and standards of the place of installation of the Solution Package after delivery and installation.
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Force Majeure Events
- “Force Majeure Events” means any unforeseeable event or circumstance which wholly or partly prevents or delays the performance of any material obligation arising under this Agreement, but only if and to the extent (i) such event is not within the reasonable control, directly or indirectly, of the party seeking to have its performance obligation(s) excused thereby, (ii) the party seeking to have its performance obligation(s) excused thereby has taken all reasonable precautions and measures in order to prevent or avoid such event or mitigate the effect of such event on such party’s ability to perform its obligations under this Agreement and which by the exercise of due diligence such party could not reasonably have been expected to avoid and which by the exercise of due diligence it has been unable to overcome, and (iii) such event is not the direct or indirect result of the negligence or the failure of, or caused by, the party seeking to have its performance obligations excused thereby.
- Notwithstanding the foregoing, if a Force Majeure Event continues for thirty (30) consecutive days, either party shall have the right to terminate the Agreement on five (5) days written notice to the other party.
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Applicable Law and Dispute Resolution
- This Agreement shall be construed according to and governed by the laws of the State of Illinois, USA. The exclusive jurisdiction and venue for all disputes or actions arising from this Agreement, whether at law or in equity, shall be the state and federal courts located in Cook County, Illinois.
- If disagreements arise under or relating to this Agreement whether in contract, tort (including negligence), strict product liability or otherwise, but expressly excluding any claims or counterclaims by LuxCreo relating to violation of LuxCreo intellectual property rights or breach of confidentiality provisions of this Agreement, the senior management of both parties shall meet to attempt to resolve such disagreements in good will. If the disagreements cannot be resolved by the senior management, an informal binding arbitration shall be initiated with JAMS and administered by JAMS pursuant to its Comprehensive Arbitration Rules and Procedures (unless the parties mutually agree to select another set of governing arbitration rules). Either party may enforce the award of the arbitration under the Illinois Uniform Arbitration Act (710 ILCS 5/) Section 11. The parties understand that they are waiving their rights to a jury trial.
- During any dispute proceedings, the other terms of this Agreement shall continue to take effect, except for those parts which are under litigation or which are directly affected by the dispute.
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Miscellaneous
- This Agreement shall become effective immediately after the signing of the Agreement by both parties. If the relevant laws and regulations require further certification, such as the application of company seals or additional approval from local authorities, this Agreement shall come into force after obtaining such approval.
- A supplementary agreement by both Parties is required for any modification or addition to this Agreement. All supplementary agreement has the same legal effect as this Agreement. If a supplementary agreement is inconsistent with this Agreement or another supplemental agreement, the last supplementary agreement shall prevail. The terms of this Agreement shall prevail if the supplementary agreement does not stipulate further details.
- Neither party shall assign the rights and obligations in this Agreement without the prior written consent of the other Party. Any transfer that does not comply with this clause is invalid.
- This Agreement is made in duplicate, with each party holding 1 Each copy has the same legal effect.
[Agreement Signing Page]
LuxCreo Inc. CUSTOMER:
350 W. Ontario St. Suite 700 _________________
Belmont, CA 94002 _________________
U.S.A. _________________
X X
Signature of Authorized Representative Signature of Authorized Representative
Name: Name:
Title: Title:
Date: Date:
COMPANY CONTACT PERSON:
LuxCreo: CUSTOMER:
Contact Name: Contact Name: __
Phone: Phone: __
Email: Email: __
- Product Description
- Product appearance: ILPD
- Product Specifications
- Supporting Software
- Supporting Accessories
- LuxCreo 4D AlignerTM-20 Service Plan
- Scope
The goal of LuxCreo 4D AlignerTM-20 Service Plan (the “4D-20” or “Service Plan”) is to provide the Customer who has purchased the Product with LuxCreo 4D AlignerTM Product (the “Aligner Product”) free of charge, for cases with a treatment plan within 20 steps (including one refinement) in exchange for feedback from using the Aligner Product by the patients of the Customer.
- Provision of Aligner Product
B.2.1 The Company agrees to provide the Customer with the Aligner Product, including design, printing, shipping, and after-sales support, free of charge, for _10_ cases per Solution Package purchased with a treatment plan within 20 steps (including one refinement). The customer can choose the treatment plan provided by the Company designated partner, _ SoftSmile_ free of charge. If the Customer chooses to use its own treatment plan, the Company’s obligation is limited to producing the Aligner Product based on the treatment plan provided by the Customer. The Company will not be held responsible for any lost or damaged Aligner Product that is not due to the Company's fault.
B.2.2 Upon exhaustion of free cases, Customer has the option to either print the aligners using the Package Solution purchased in accordance with the terms of this Agreement or to engage LuxCreo to design, print, and ship the aligners for the entirety of the treatment plan at a rate of USD $1250 per case. In the event that the Customer opts for the latter solution, the 4D-20 Service Plan includes one free refinements.
B.2.3 The Company shall comply with the Health Insurance Portability and Accountability Act (HIPAA) with regard to any patient information shared with the Company by the Customer. The Customer shall ensure that appropriate patient consent is obtained for the sharing of treatment information.
B.2.4 The Company shall promptly report any adverse events related to the use of the Aligner Product to the U.S. Food and Drug Administration (FDA) as required by applicable regulations.
B.2.5 The Company promises to properly use, store, and protect any patient information shared by the Customer. The Company will take appropriate measures to ensure the confidentiality and security of patient information. Any patient information shared with the Company will be de-identified and used solely for the purpose of improving the Aligner Product, research, education, or publication in professional journals. The Company will not disclose or use the patient information for any other purposes without the explicit consent of the patient and the Customer.
B.2.6 The Customer shall exercise their best judgment, based on the following recommendation to screen and enroll patients who are deemed suitable candidates for the Service Plan. The Service Plan covers 20 steps (including one refinement) free of charge. For steps beyond the step limitation, the Customer agrees to pay for extra steps at a rate of $22 per step.
Candidate suitable for the Service Plan |
Candidate not suitable for the Service Plan |
Class I occlusion |
Class II/III occlusion |
Minor to moderate malocclusions |
Extractions |
Treatment plan below 20 steps |
Open bites |
|
Crossbites |
|
Difficult cases that may require advanced mechanics |
|
Treatment plan exceeding 20 steps |
- Treatment Feedback
B.3.1 In consideration for receiving the Aligner Product free of charge, the Customer agrees to provide treatment feedback on the Aligner Product, including but not limited to, its usability, effectiveness, and any suggestions for improvement. This treatment feedback may also include information regarding the patient's health and treatment results. The treatment feedback may also include patients’ orthodontic records, including photographs, made in the process of examinations, treatment, and retention. The feedback will be used by the Company for the purpose of evaluating and improving the Aligner Product, research, education, or publication in professional journals. The Customer understands that the treatment feedback may be used in an aggregated and de-identified manner to ensure patient privacy and confidentiality.
B.3.2 The Customer agrees to provide timely and honest feedback to the Company throughout the duration of their use of the Aligner Product. If the feedback is 15 calendar days behind the feedback schedule, the Company reserves the right to terminate the Service Plan immediately without prior notification. Additionally, the Company reserves the right to request the Customer to reimburse the free Aligner Product provided at the rate of $1250 per case.
B.3.3 The Customer shall exercise their best judgment to screen and enroll patients who are deemed suitable candidates for the Aligner Product. The Customer shall ensure that necessary patient consent is obtained in order to share treatment feedback with the Company for the purpose of this Appendix and to utilize the shared treatment feedback as defined in this Appendix.
B.3.4 The Customer shall maintain strict confidentiality of all treatment information and shall not disclose it to any third party without obtaining prior written consent from the Company.
B.3.5 The obligation of the Customer to furnish treatment feedback as stipulated in this section is applicable solely to cases that are provided without charge. In instances of cases procured in accordance with clause B.2.2, the Customer is cordially invited, though not obligated, to offer their expert and candid feedback toLuxCreo.
- Confidentiality
The Customer acknowledges that all information and materials related to the Aligner Product, including any feedback provided, are confidential and proprietary to the Company. The Customer agrees to keep such information confidential and not disclose it to any third party without the prior written consent of the Company.
- Ownership of Treatment Feedback
The Customer acknowledges and agrees that any feedback or suggestions provided to the Company regarding the Aligner Product, excluding any patient health information or privacy-related content which remains the property of patients, shall become the sole and exclusive property of the Company. The Customer hereby assigns all rights, title, and interest in such feedback to the Company, and the Company shall have the right to use, modify, and commercialize the feedback without any further compensation to the Customer. If the Customer wishes to use the feedback for any purpose, including but not limited to presentations, papers, or trade shows, the Customer agrees to obtain prior written consent from the Company, which may be granted or denied at the Company's discretion.
- Compliance with Laws and Regulations
The Customer agrees to comply with all applicable laws and regulations, including but not limited to the Health Insurance Portability and Accountability Act (HIPAA), in relation to the use of the Aligner Product and the provision of any feedback.
- Disclaimer of Warranty
B.7.1 The Customer acknowledges that the Company does not guarantee any specific treatment results or outcomes from the use of the Aligner Product. The Customer understands and agrees that the Aligner Product is provided "as is" and without any warranties or representations of any kind, whether express or implied.
B.7.2 The Customer expressly acknowledges and agrees that the Agreement specifically encompasses a total of 20 treatment steps, inclusive of one free refinement. In the event that the patient's treatment exceeds the designated 20 treatment steps, the Company shall have no obligation to provide any further treatment without charge. However, the Company retains the discretion to offer additional treatment beyond the specified limit, subject to a separate agreement and applicable fees.
- Termination of the Service Plan
This Service Plan shall commence on the date of signing of the Agreement and shall remain in effect until terminated by either party with a written notice of 30 days. The Company reserves the right to terminate this Agreement and the Customer's participation immediately without any prior notification under the following circumstances:
- If the Customer fails to provide the agreed-upon Feedback within the specified timeframe in Article B.3.2.
- If, upon evaluation solely by the Company, it is determined that either the Customer's chosen treatment plan is not suitable for the Aligner Product or the Customer's cooperation is not suitable for the participation.
- If the Company determines, at its sole discretion, that the Customer's actions are detrimental to the Company's interests or reputation.
- If the Customer breaches any terms or obligations outlined in this Agreement.
Upon termination by the Company, the Customer shall return any remaining Aligner Product and cease using the Aligner Product. The termination of the Service Plan shall have no effect on the terms of this Agreement except for those outlined in Appendix B.
- Product Acceptance Report
Acceptance standard defines the complete criteria for Customer Acceptance of the delivered Products.
- Product appearance
- Product nameplate is intact
- Product has no viewable damage or any sign of contamination.
- Product has no appearance blemish.
- Product specifications
- Product meets all specifications in 2
- Supporting software, accessories, and parts
- All supporting software in 23 are delivered and fully functional.
- All supporting accessories in A.4 are delivered in good condition.
- All initiation resins in C are delivered in good condition.
- All initiation parts in C are delivered in good condition.
- Product manual and documentation
- Product operating manual and maintenance manual are delivered.
- Supporting software manual is delivered.
- Supporting accessory manuals are delivered.
- Installation and operating environment guidelines are delivered.
- Product component workmanship
- All components of the Product meet the specification of
Section to be completed and agreed upon.
- Training
- Training time has been scheduled.
- Invoice, Return Policy, Success Criteria
- See Invoices: xxxx
- Return policy: Invoice & agreed upon states
Restocking Fee 15% if returning within 45 days)
Restocking Fee = $17,050.65 ($113,671.00 x 15%)
- Success Criteria: 30 Day
Below is the criteria agreed up on by LuxCreo and Customer for solution acceptance. When ILPD delivers to these criteria, Customer agrees to accept ILPD and continue use.
- Product Operating Environment Requirements
The Customer shall ensure that the Product operating environment meets following requirements prior to operation.
- Electric Power
- Operating Environment
- Ventilation
A ventilator or a central ventilation system is highly recommended to ensure fresh airflow especially for an enclosed workspace.
- Operating Footprint and Logistic Requirements
- Initiation Virtual Training
LuxCreo will provide following trainings to the Customer after full installation of the Product.
Training Module |
Training Content |
Time |
1. Product basics |
· Product Suite introduction (including hardware, software, materials, electrical components) · Basic mechanical structures · Basic operating environment
|
4 hours |
2. Software usage |
· LuxFlow pre-processing |
4 hours |
3. 3DP end-to-end process engineering
|
· Printer operation · Parameter setting · 3DP part production · Post-processing · Common print failures, root cause, and resolution
|
24 hours |
4. Printer calibration & maintenance
|
· Calibration process and frequency · Maintenance process and schedule
|
8 hours |
5. LuxCreo “3DP Engineer” certification
|
· End-to-end print job (including pre-processing, parameter setting, printing, and post-processing) · Printer calibration · Printer maintenance
|
8 hours
|
Appendix G LuxCreo’s Limited Hardware Warranty Policy
LuxCreo’s limited hardware warranty (“Limited Warranty”) commitments for all hardware products retailed by LuxCreo are confined to the conditions detailed herein. To qualify for the Limited Warranty, the hardware products must be acquired either directly from LuxCreo or via an authorized reseller of LuxCreo, accompanied by a valid purchase receipt.
- Warranty Period
LuxCreo guarantees that its branded hardware products will be free from material and workmanship defects under regular usage for a duration of one year from the date of purchase by the original consumer ("Warranty Period"). Hardware products under LuxCreo brand name include 3D printers, post-processing equipment, and any factory-refurbished versions of these. Buyers of these products have the option to acquire any post initial Warranty plan LuxCreo provides, which will run sequentially with the initial Warranty Period.
- Warranty Policy
If a hardware defect emerges and a valid claim is submitted within the Warranty Period or the Extended Warranty Period if applicable, LuxCreo, at its sole discretion and as allowed by law, will either 1) repair the hardware defect at no cost, utilizing new or refurbished replacement parts, 2) swap the hardware product with a product that is new or has been reconditioned by the company, or that has been produced from new or serviceable used parts and is at least functionally equivalent to the original hardware product, or 3) reimburse the purchase price of the hardware product.
LuxCreo may ask that you substitute defective parts with new or refurbished user-installable parts that LuxCreo supplies as part of our warranty commitment. A replacement hardware product or part, including a user-installable part that has been installed following LuxCreo’s instructions, inherits any remaining warranty of the original hardware product or ninety (90) days from the date of replacement or repair, whichever offers you extended coverage. When a hardware product or part is swapped, any replacement item becomes your property and the replaced item becomes LuxCreo's property. Parts provided by LuxCreo in fulfillment of its warranty obligation must be used in hardware products for which warranty service is claimed. When a refund is issued, the hardware product for which the refund is given must be returned to LuxCreo unless specified otherwise.
LuxCreo may fulfill its warranty obligation by either i) performing maintenance on your product at one of its designated service centers (“Repair Service”), or ii) dispatching new or refurbished user-installable replacement hardware products or parts to you, enabling you to perform maintenance or replacement on your own hardware product ("DIY Service").
Repair Service - If LuxCreo opts to service your hardware product at one of LuxCreo’s service locations, you will be responsible for packaging and shipping your hardware product to the service location requested. If you no longer have the original packaging, LuxCreo may send you packaging material. If you are located in the United States, LuxCreo will provide pre-paid shipping way bills. Customers who are outside the United States and purchase from international resellers may be required to cover the cost of shipping to a repair service location.
DIY Service - If LuxCreo opts to send you a new or refurbished replacement hardware product or part, upon receipt of the replacement hardware product or part, the original hardware product or part becomes the property of LuxCreo and you agree to follow instructions, including, if required, arranging the return of original hardware product or part to LuxCreo in a timely manner. When providing DIY Service requiring the return of the original hardware product or part, LuxCreo may require a credit card authorization as security for the retail price of the replacement hardware product or part and applicable shipping costs. If you follow instructions, LuxCreo will cancel the credit card authorization, so you will not be charged for the Hardware Product or part and shipping costs. If you fail to return the replaced hardware product or part as instructed, LuxCreo will charge the credit card for the authorized amount.
- How to Get Warranty Service
LuxCreo requests you to consult support.luxcreo.com and contact support@luxcreo.com before seeking warranty service. The availability of service options, parts, and response times may vary. The service options LuxCreo offers are subject to modifications at any moment. It is necessary for you to aid in identifying problems with your hardware product and adhere to LuxCreo's warranty procedures.
- Warranty Exclusions
This Limited Warranty is applicable solely to hardware products that are manufactured by or for LuxCreo, identifiable by the "LuxCreo" trademark, trade name, or logo attached to them. The Limited Warranty does not extend to any hardware products not produced by LuxCreo or any software, regardless of whether they are packaged or sold alongside LuxCreo hardware products. Manufacturers, suppliers, or publishers, other than LuxCreo, may offer their own warranties to the end user purchaser. However, LuxCreo provides its hardware products "as is", to the extent allowed by law. Software distributed by LuxCreo, whether or not it carries the LuxCreo brand name (including, but not limited to, system software), is not included under this Limited Warranty. Please refer to the Terms and Conditions for the software to understand your rights concerning its use.
LuxCreo’s Limited Warranty obligations hereunder shall terminate and shall not apply in any case where any alleged product failure or other breach of warranty was necessitated or caused in whole or in part by:
- catastrophe, fault or negligence of the customer;
- operation or use of the products in violation of applicable laws or regulations;
- improper or unauthorized uses;
- use of any third party materials, resin tray, part, or consumable, other than those that have been pre-tested and pre-authorized by LuxCreo in writing;
- installation, modification or repair other than by LuxCreo or its authorized agents;
- removal of the products from the original installation site, unless otherwise expressly authorized by LuxCreo in writing;
- unusual stress;
- power failure;
- damages by ordinary wear and tear;
- deviation from LuxCreo' recommended maintenance procedures; or failure to maintain the prescribed environmental or other conditions at the installation site or any other failure to comply with applicable Product instructions and/or documentation;
- consumable parts, unless damage has occurred due to a defect in materials or workmanship.
- EXCLUSION OF CERTAIN DAMAGES AND LIMITATION OF LIABILITY
Unless expressly stated in the Limited Warranty, LuxCreo does not assure or promise that your utilization of our service or any LuxCreo hardware product will be continuous, prompt, secure, or free from errors. LuxCreo does not guarantee that the outcomes derived from the use of the service or the hardware product will be precise or dependable. You acknowledge that LuxCreo may, without prior notice to you, intermittently suspend the service for undefined periods or terminate the service at any moment.
LuxCreo shall not be held accountable for any loss, death, or physical injury that you sustain or inflict on any third party in relation to your use of LuxCreo hardware products. LuxCreo categorically disclaims, to the maximum extent permitted by law, any implied or explicit warranty of suitability for a specific use, given the unpredictable nature and circumstances of such usage.
You explicitly agree that the risk associated with your use of, or inability to use, the service is solely yours. The service and all LuxCreo hardware products and services provided to you via the service are delivered 'as is' and 'as available', devoid of any representation, warranties, or conditions of any sort, either express or implied, including but not limited to warranties or conditions of merchantability, quality, fitness for a specific purpose, durability, title, and non-infringement.
All express and implied warranties, including but not limited to warranties and conditions of merchantability and fitness for a specific purpose, are constrained to the duration of this Limited Warranty. No warranties, whether express or implied, will be applicable after the expiration of the Limited Warranty period or Extended Warranty period, if applicable. Some jurisdictions do not permit limitations on the duration of an implied warranty, so this limitation may not apply to you.
No LuxCreo reseller, agent, or employee has the authority to alter, extend, or add to this warranty. If any provision is deemed illegal or unenforceable, the legality or enforceability of the remaining provisions will not be affected or impaired.
Except as outlined in this warranty and to the extent permitted by law, LuxCreo bears no responsibility for direct, indirect, special, incidental, or consequential damages arising from any breach of warranty or condition, or for any other reason, or under any other legal theory. This includes, but is not limited to, loss of use, revenue, actual or anticipated profits, use of money, anticipated savings, business, opportunity, goodwill, reputation, loss or corruption of data, or any indirect or consequential loss or damage caused in any way, including the replacement of equipment and property, any costs of recovering, programming, or reproducing any program or data stored or used with LuxCreo hardware products, and any failure to maintain the confidentiality of data stored on the hardware product. Some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation may not apply to you.
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Except as outlined in this warranty and to the extent permitted by law, LuxCreo bears no responsibility for direct, indirect, special, incidental, or consequential damages arising from any breach of warranty or condition, or for any other reason, or under any other legal theory. This includes, but is not limited to, loss of use, revenue, actual or anticipated profits, use of money, anticipated savings, business, opportunity, goodwill, reputation, loss or corruption of data, or any indirect or consequential loss or damage caused in any way, including the replacement of equipment and property, any costs of recovering, programming, or reproducing any program or data stored or used with LuxCreo hardware products, and any failure to maintain the confidentiality of data stored on the hardware product. Some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation may not apply to you.
Except as outlined in this warranty and to the extent permitted by law, LuxCreo bears no responsibility for direct, indirect, special, incidental, or consequential damages arising from any breach of warranty or condition, or for any other reason, or under any other legal theory. This includes, but is not limited to, loss of use, revenue, actual or anticipated profits, use of money, anticipated savings, business, opportunity, goodwill, reputation, loss or corruption of data, or any indirect or consequential loss or damage caused in any way, including the replacement of equipment and property, any costs of recovering, programming, or reproducing any program or data stored or used with LuxCreo hardware products, and any failure to maintain the confidentiality of data stored on the hardware product. Some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation may not apply to you.
Except as outlined in this warranty and to the extent permitted by law, LuxCreo bears no responsibility for direct, indirect, special, incidental, or consequential damages arising from any breach of warranty or condition, or for any other reason, or under any other legal theory. This includes, but is not limited to, loss of use, revenue, actual or anticipated profits, use of money, anticipated savings, business, opportunity, goodwill, reputation, loss or corruption of data, or any indirect or consequential loss or damage caused in any way, including the replacement of equipment and property, any costs of recovering, programming, or reproducing any program or data stored or used with LuxCreo hardware products, and any failure to maintain the confidentiality of data stored on the hardware product. Some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation may not apply to you.
Except as outlined in this warranty and to the extent permitted by law, LuxCreo bears no responsibility for direct, indirect, special, incidental, or consequential damages arising from any breach of warranty or condition, or for any other reason, or under any other legal theory. This includes, but is not limited to, loss of use, revenue, actual or anticipated profits, use of money, anticipated savings, business, opportunity, goodwill, reputation, loss or corruption of data, or any indirect or consequential loss or damage caused in any way, including the replacement of equipment and property, any costs of recovering, programming, or reproducing any program or data stored or used with LuxCreo hardware products, and any failure to maintain the confidentiality of data stored on the hardware product. Some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation may not apply to you.
Except as outlined in this warranty and to the extent permitted by law, LuxCreo bears no responsibility for direct, indirect, special, incidental, or consequential damages arising from any breach of warranty or condition, or for any other reason, or under any other legal theory. This includes, but is not limited to, loss of use, revenue, actual or anticipated profits, use of money, anticipated savings, business, opportunity, goodwill, reputation, loss or corruption of data, or any indirect or consequential loss or damage caused in any way, including the replacement of equipment and property, any costs of recovering, programming, or reproducing any program or data stored or used with LuxCreo hardware products, and any failure to maintain the confidentiality of data stored on the hardware product. Some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation may not apply to you.
Except as outlined in this warranty and to the extent permitted by law, LuxCreo bears no responsibility for direct, indirect, special, incidental, or consequential damages arising from any breach of warranty or condition, or for any other reason, or under any other legal theory. This includes, but is not limited to, loss of use, revenue, actual or anticipated profits, use of money, anticipated savings, business, opportunity, goodwill, reputation, loss or corruption of data, or any indirect or consequential loss or damage caused in any way, including the replacement of equipment and property, any costs of recovering, programming, or reproducing any program or data stored or used with LuxCreo hardware products, and any failure to maintain the confidentiality of data stored on the hardware product. Some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation may not apply to you.
Except as outlined in this warranty and to the extent permitted by law, LuxCreo bears no responsibility for direct, indirect, special, incidental, or consequential damages arising from any breach of warranty or condition, or for any other reason, or under any other legal theory. This includes, but is not limited to, loss of use, revenue, actual or anticipated profits, use of money, anticipated savings, business, opportunity, goodwill, reputation, loss or corruption of data, or any indirect or consequential loss or damage caused in any way, including the replacement of equipment and property, any costs of recovering, programming, or reproducing any program or data stored or used with LuxCreo hardware products, and any failure to maintain the confidentiality of data stored on the hardware product. Some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation may not apply to you.
Except as outlined in this warranty and to the extent permitted by law, LuxCreo bears no responsibility for direct, indirect, special, incidental, or consequential damages arising from any breach of warranty or condition, or for any other reason, or under any other legal theory. This includes, but is not limited to, loss of use, revenue, actual or anticipated profits, use of money, anticipated savings, business, opportunity, goodwill, reputation, loss or corruption of data, or any indirect or consequential loss or damage caused in any way, including the replacement of equipment and property, any costs of recovering, programming, or reproducing any program or data stored or used with LuxCreo hardware products, and any failure to maintain the confidentiality of data stored on the hardware product. Some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation may not apply to you.
Except as outlined in this warranty and to the extent permitted by law, LuxCreo bears no responsibility for direct, indirect, special, incidental, or consequential damages arising from any breach of warranty or condition, or for any other reason, or under any other legal theory. This includes, but is not limited to, loss of use, revenue, actual or anticipated profits, use of money, anticipated savings, business, opportunity, goodwill, reputation, loss or corruption of data, or any indirect or consequential loss or damage caused in any way, including the replacement of equipment and property, any costs of recovering, programming, or reproducing any program or data stored or used with LuxCreo hardware products, and any failure to maintain the confidentiality of data stored on the hardware product. Some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation may not apply to you.
Except as outlined in this warranty and to the extent permitted by law, LuxCreo bears no responsibility for direct, indirect, special, incidental, or consequential damages arising from any breach of warranty or condition, or for any other reason, or under any other legal theory. This includes, but is not limited to, loss of use, revenue, actual or anticipated profits, use of money, anticipated savings, business, opportunity, goodwill, reputation, loss or corruption of data, or any indirect or consequential loss or damage caused in any way, including the replacement of equipment and property, any costs of recovering, programming, or reproducing any program or data stored or used with LuxCreo hardware products, and any failure to maintain the confidentiality of data stored on the hardware product. Some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation may not apply to you.
Except as outlined in this warranty and to the extent permitted by law, LuxCreo bears no responsibility for direct, indirect, special, incidental, or consequential damages arising from any breach of warranty or condition, or for any other reason, or under any other legal theory. This includes, but is not limited to, loss of use, revenue, actual or anticipated profits, use of money, anticipated savings, business, opportunity, goodwill, reputation, loss or corruption of data, or any indirect or consequential loss or damage caused in any way, including the replacement of equipment and property, any costs of recovering, programming, or reproducing any program or data stored or used with LuxCreo hardware products, and any failure to maintain the confidentiality of data stored on the hardware product. Some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation may not apply to you.
Except as outlined in this warranty and to the extent permitted by law, LuxCreo bears no responsibility for direct, indirect, special, incidental, or consequential damages arising from any breach of warranty or condition, or for any other reason, or under any other legal theory. This includes, but is not limited to, loss of use, revenue, actual or anticipated profits, use of money, anticipated savings, business, opportunity, goodwill, reputation, loss or corruption of data, or any indirect or consequential loss or damage caused in any way, including the replacement of equipment and property, any costs of recovering, programming, or reproducing any program or data stored or used with LuxCreo hardware products, and any failure to maintain the confidentiality of data stored on the hardware product. Some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation may not apply to you.
Except as outlined in this warranty and to the extent permitted by law, LuxCreo bears no responsibility for direct, indirect, special, incidental, or consequential damages arising from any breach of warranty or condition, or for any other reason, or under any other legal theory. This includes, but is not limited to, loss of use, revenue, actual or anticipated profits, use of money, anticipated savings, business, opportunity, goodwill, reputation, loss or corruption of data, or any indirect or consequential loss or damage caused in any way, including the replacement of equipment and property, any costs of recovering, programming, or reproducing any program or data stored or used with LuxCreo hardware products, and any failure to maintain the confidentiality of data stored on the hardware product. Some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation may not apply to you.
Except as outlined in this warranty and to the extent permitted by law, LuxCreo bears no responsibility for direct, indirect, special, incidental, or consequential damages arising from any breach of warranty or condition, or for any other reason, or under any other legal theory. This includes, but is not limited to, loss of use, revenue, actual or anticipated profits, use of money, anticipated savings, business, opportunity, goodwill, reputation, loss or corruption of data, or any indirect or consequential loss or damage caused in any way, including the replacement of equipment and property, any costs of recovering, programming, or reproducing any program or data stored or used with LuxCreo hardware products, and any failure to maintain the confidentiality of data stored on the hardware product. Some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation may not apply to you.
Except as outlined in this warranty and to the extent permitted by law, LuxCreo bears no responsibility for direct, indirect, special, incidental, or consequential damages arising from any breach of warranty or condition, or for any other reason, or under any other legal theory. This includes, but is not limited to, loss of use, revenue, actual or anticipated profits, use of money, anticipated savings, business, opportunity, goodwill, reputation, loss or corruption of data, or any indirect or consequential loss or damage caused in any way, including the replacement of equipment and property, any costs of recovering, programming, or reproducing any program or data stored or used with LuxCreo hardware products, and any failure to maintain the confidentiality of data stored on the hardware product. Some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation may not apply to you.
Except as outlined in this warranty and to the extent permitted by law, LuxCreo bears no responsibility for direct, indirect, special, incidental, or consequential damages arising from any breach of warranty or condition, or for any other reason, or under any other legal theory. This includes, but is not limited to, loss of use, revenue, actual or anticipated profits, use of money, anticipated savings, business, opportunity, goodwill, reputation, loss or corruption of data, or any indirect or consequential loss or damage caused in any way, including the replacement of equipment and property, any costs of recovering, programming, or reproducing any program or data stored or used with LuxCreo hardware products, and any failure to maintain the confidentiality of data stored on the hardware product. Some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation may not apply to you.