Terms and Conditions

            PLEASE READ THESE TERMS OF USE CAREFULLY.  THESE TERMS OF USE CONSTITUTE A LEGAL AGREEMENT BETWEEN YOU (“CUSTOMER”) AND gCreate LLC (“COMPANY”).  IN PURCHASING ANY OF COMPANY’S PRODUCTS, YOU ARE ACCEPTING THESE TERMS OF USE, AND REPRESENT AND WARRANT THAT YOU HAVE THE AUTHORITY AND CAPACITY TO ENTER INTO THIS AGREEMENT.  IF YOU DO NOT WISH TO ENTER INTO THESE TERMS, PLEASE CONTACT COMPANY FOR AN IMMEDIATE RETURN AND REFUND OF THE PRODUCT.

  1. Definitions

            Company – gCreate, LLC, a limited liability company having a corporate address at Bushwick, Brooklyn, NY 11206.

            Customer – Any purchaser of Company’s products, or any entity represented by the purchaser.

            Products – Any device or accessory produced by Company, or purchased from Company or from a Company-authorized reseller, including, but not limited to, the gMax 1.5+ and gMax 1.5XT+ Large Format Desktop 3D Printers.

  1. Limited Warranty

            Company represents and warrants to the Customer that the Products, as defined above, are free of defects and materially conform to the published Product specifications as displayed on Company’s website and associated documentation.  Company shall warrant and replace any 3D printed components for a period of one year after delivery. Company shall warrant and replace mechanical components, electronic components, and non-3D printed structural components for a period of 30 days after delivery.  This warranty applies to all original components installed by gCreate as part of fully assembled gMax 1.5+ and gMax 1.5 XT+ 3D Printers. Hot-ends and printer beds are not covered by warranty and will be replaced within 30 days at company’s discretion. Any after-market additions or modifications are not warranted. Company shall be responsible for any transportation costs within the contiguous United States associated with replacement of parts covered by warranty.  Any valid warranty claim must be substantiated with original proof of purchase of the Product, along with a return of the original defective part or Product for inspection by Company.  Company’s liability is strictly limited to the replacement or cost of the Products purchased by Customer.            

No warranty shall apply: 1) if the Products have been modified by the Customer, including repairs performed without the permission of the Company; 2) if the Products are misused; 3) if the damage to the Product results from intent, negligence, or carelessness on the part of the Customer; 4) damage resulting from the normal wear and tear caused by use of the Product; 5) if the Product was purchased through a third party; 6) if the Product or component was purchased as refurbished by Company; 7) if the Product or the defective portion was lost; 8) if the Product or component has already been replaced under this warranty; 9) if the Product is a previous version that has been upgraded and/or modified by either the Customer or the Company;           

For Products shipped outside of the contiguous United States, Customer is responsible for all costs associated with shipping, duties, taxes, and shipping insurance.

            THIS WARRANTY IS THE SOLE AND EXCLUSIVE REMEDY WHERE PERMITTED BY LAW.  COMPANY MAKES NO OTHER WARRANTIES WHETHER EXPRESS OR IMPLIED BY LAW, COURSE OF PERFORMANCE, USAGE OF TRADE, OR COURSE OF DEALING, WITH RESPECT TO ANY PERFORMANCE OF ANY PRODUCT.  COMPANY MAKES NO WARRANTY OR REPRESENTATION WITH RESPECT TO ANY OTHER MANUFACTURER’S PRODUCT.

            IN NO EVENT SHALL COMPANY BE LIABLE FOR INCIDENTAL, CONSEQUENTIAL, SPECIAL, INDIRECT DAMAGES (INCLUDING, WITHOUT LIMITATION, CLAIMS FOR LOST BUSINESS PROFITS OR REVENUE, OR THE COST OF THE PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES) OR FOR PUNITIVE OR EXEMPLARY DAMAGES WHETHER AS A RESULT OR BREACH OF CONTRACT, WARRANTY, TORT, STRICT LIABILITY, STATUTE OR OTHERWISE.

            Furthermore, any claim against Company can only be brought by the Customer. Customer cannot assign any rights under this Agreement to another party and in no circumstances shall another party who did not obtain the Products from the Company have any rights or claims against Company.

  1. Return Policy

            Company will accept returns of any fully assembled gMax Printers ordered from Company within ten (10) days after the date of delivery.  Company will not accept any returns of individually purchased components or accessories.  To return a Product, Customer must request and obtain an official return authorization form from Company.  After ten (10) days, Customer’s purchase becomes final and no return will be accepted.  Customer will be required to cover shipping costs, as well as a restocking fee equal to 10% of the returned Product’s retail price.  Products must be returned in their original packing material and boxes.  Customer has 48 hours from delivery to notify Company if any portion of the Product was missing from shipment or has arrived damaged or defective.  This also applies to individual components and accessories. Company will ship replacement part without cost to Customer at Company’s discretion.

            Company reserves the right to refuse a return of any Product where an authorization form has not been obtained, where the Product has been damaged by the Customer, or where the return is sought more than ten business days after delivery of the Product.  Alternatively, Company reserves the right to reduce the amount of compensation provided to the Customer for the refund at its discretion upon inspection of the returned Product.  Company is not responsible for any damage to Product caused by the return shipping process, nor is Company responsible for providing insurance on any return shipping.

  1. Indemnification

            Customer agrees to indemnify, defend and hold harmless Company and Company’s parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of Customer’s breach of these Terms of Service or the documents they incorporate by reference, or Customer’s violation of any law or the rights of a third-party.

  1. Limitations

            Customer is prohibited from making unauthorized modifications to the Products. Customer is also prohibited from using the Products in any unauthorized manner including using unauthorized parts and materials.

  1. Severability

            In the event that any provision of these Terms of Use is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Use, such determination shall not affect the validity and enforceability of any other remaining provisions.

  1. Entire Agreement

            The failure of Company to exercise or enforce any right or provision of these Terms of Use shall not constitute a waiver of such right or provision.  These Terms of Use and any policies or operating rules posted by Company on Company’s website or in respect to Products constitutes the entire agreement and understanding between Customer and Company and govern Customer’s use of the Products, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between Customer and Company (including, but not limited to, any prior versions of the Terms of Use). Any ambiguities in the interpretation of these Terms of Use shall not be construed against the drafting party.

  1. Governing Law

            All matters arising out of or relating to the sale of the Products are governed by, and construed in accordance with, the Laws of the State of New York, United States of America, without regard to the conflict of laws provisions thereof to the extent such principles or rules would require or permit the application of the laws of any jurisdiction other than those of the State of New York. Any and all disputes arising under these Terms shall be decided by a binding arbitration in New York using the American Arbitration Association as the arbitrating entity.

  1. Changes to Agreement

            Customer can review the most current version of the Terms of Use at any time at this page.  Company reserves the right, at Company’s sole discretion, to update, change or replace any part of these Terms of Use by posting updates and changes to Company’s website. It is Customer’s responsibility to check our website periodically for changes. Customer’s continued use of or access to Company’s website or Products following the posting of any changes to these Terms of Use constitutes acceptance of those changes.

            Company reserves the right to modify the Product prior to shipping.  Company has the right to change the prices for any Products sold at any time.  Orders placed before any price increase or decrease will not be affected by the price change.