E3D Hotend Thermistor Cartridge

Definitions

​Company – gCreate, LLC, a limited liability company having a corporate address at 141 Flushing Ave., Brooklyn, NY 11205.

Customer – Any purchaser of Company’s products or services, 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+, gMax 2, and gMax 2 PRO Large Format Desktop 3D Printers and Products purchased via 3D Printing Services.

Services – Any service provided by the Company, or purchased from Company, or from a Company-authorized contractor, including, but not limited to, 3D Printing Services, gMax Printer Tech Support, Consulting Services, and gCreate Customer Service.

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 heated pads, solid state relay (SSR), electronic components, BLTouch auto-bed leveling sensor, and other extruder parts for factory defects for ninety (90) days. Company shall warrant all remaining non-consumable components on gMax Printers for any factory defects for a period of one (1) year from delivery. This warranty applies to all original components installed by gCreate as part of fully assembled gMax 1.5+, gMax 1.5 XT+, gMax 2, and gMax 2 PRO 3D Printers. Hot-ends, nozzles, print surfaces (actual build plates, top surfaces, flex plates, adhesives), BLTouch pins, and other consumables are not covered by warranty. Any after-market additions or modifications performed by Customer, or on customer’s behalf by a third party,  are not warranted.

For replacement of damaged Products purchased via 3D Printing Services, the Company will cover standard shipping costs within the Contiguous United States. Notification of damaged Products must be made to the Company within two (2) business days from delivery date. 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 the Company.  Company’s liability is strictly limited to the replacement or cost of the Products purchased by Customer.  Company is not responsible for delays due to shipping, manufacturing, or other issues outside its control.   

For gMax Printer missing or replacement components, the Company must be notified within two (2) business days from delivery. 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 the Company. Company’s liability is strictly limited to the replacement or cost of the Products purchased by Customer.      

No warranty shall apply to any Product: 1) if the Products have been modified by the Customer, including repairs or servicing 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 unless otherwise noted; 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, Value Added Tax (VAT), custom’s fees or charges, 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 the Company can only be brought by the Customer. Customers 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 the Company.

Return Policy

Company will accept returns of any fully assembled gMax Printers in new or like-new condition ordered from Company within thirty (30) calendar days after the date of delivery.  Company will not accept any returns of individually purchased components or accessories.  Pre-orders are fully refundable up to ten (10) calendar days after purchase unless otherwise noted. After ten (10) calendar days, canceled pre-orders will be refunded less ten percent (10%). No exceptions.

To return a gMax 3D Printer, Customer must request and obtain an official return merchandise authorization (RMA) form from the Company.  After thirty (30) calendar days, Customer’s gMax Printer purchase becomes final and no return will be accepted.

To return any other Product purchased from gCreate, Customer must request and obtain an official Return Merchandise Authorization (RMA) form from the Company. Only unused Products in their original packaging will be accepted for return.

Customers will be required to cover shipping costs, as well as a restocking fee equal to twenty five percent (25%) of the returned Products retail price.  All gCreate Products must be returned in their original packing material and boxes. 

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Order Cancellation Policy

​Cancellation of orders paid via credit card on the gCreate Online Store will be charged a 3% cancellation fee to cover the non-refundable processing fee charged to gCreate by its credit card processor. 

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Missing or Damaged Parts

Customer has two (2) business days from delivery to notify the 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 parts without cost to Customer at Company’s discretion. All promotional items must be returned in brand new, unused condition with any return or the retail cost of the promotional item will be deducted from the final refund.

​gCreate allows returns or replacements for Products purchased via 3D Printing Services if Products contain physical defects or arrive in damaged condition. Products purchased via 3D Printing Services have a seven (7) calendar day return policy from date of delivery. To be eligible for a return, all items must be unused, in their original condition, and returned in their original packaging. Customer is responsible for return shipping. After inspection, approved refunds will be given back to the customer in the manner in which original payment was received.

​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 beyond the number of days of the return window allotted for the Product.  Alternatively, the 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.

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​​gMax Pro Support Plan Offer

Customers have the option to purchase a gMax Pro Support Plan with their gMax 2 PRO 3D Printer up to thirty (30) calendar days from the delivery date of their gMax 2 PRO 3D Printer for the duration of one (1) or two (2) years. 

gMax Pro Support Plan offerings include a free, one (1) hour gMax Printer set up video call, unlimited phone and video technical support, and a ten percent (10%) discount on all replacement parts, including consumables, during the duration of the plan. 

Full details of the gMax Pro Support Plan are here: https://www.gcreate.com/pro-support-plan

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gMax 2 PRO 3D Printer Standard Technical Support with Enhancement Option

Customers who do not opt-in to the gMax Pro Support Plan are still eligible to receive technical support from the Company. Company offers free phone and video support by appointment for the first thirty (30) calendar days from delivery of the gMax 2 PRO 3D Printer. Phone and video appointment requests can be made via the gCreate ticketing system at the bottom of this page: https://www.gcreate.com/gmax-resources-and-support

After thirty (30) calendar days, free email support for all gMax 2 PRO 3D Printers will be offered for twelve (12) months from the date of delivery. Support tickets begin via the gCreate ticketing system at the bottom of this page: https://www.gcreate.com/gmax-resources-and-support

If additional phone or video support is requested after thirty (30) calendar days from the delivery date of the gMax 2 PRO 3D Printer and a Pro Support Plan was not purchased during this time, Customers who purchased their machines directly from gCreate or an authorized reseller have the option to purchase enhanced technical support via phone / video call on an hourly basis. The cost for live technical support is one hundred dollars ($100) per hour. While the support technician will do their best to diagnose and troubleshoot any outstanding issue(s) on a call, without having the physical machine in front of them to inspect and work on, results cannot be guaranteed. 

The hourly fee covers the live consultation but does not cover the cost of any suggested or necessary components, and/or shipping. There are no refunds for paid technical support calls or used components*, and all calls must be booked and paid in full in advance. Cancellations and rescheduling requests must be made at least twenty four (24) hours before the scheduled call, otherwise the time will be forfeited and billed in full without refund. 

gMax 2 PRO 3D Printer Servicing & Repair

​Any gMax 2 PRO 3D Printer customers have the option to send their printer(s) back to gCreate for evaluation, servicing, repair, and testing to restore back to factory settings. Upgrades and modifications from original factory settings requested by customer request are subject to gCreate’s approval.

​gMax 2 PRO customers who return their printers to gCreate for servicing / repair are responsible for all shipping and shipping replacement costs. Evaluation, servicing, and repair are billed on an hourly basis of one hundred dollars ($100) per hour and parts replacement is calculated on a per part basis and the responsibility of the customer. There is a ninety (90) calendar day warranty for factory defects on components minus consumables for serviced printers. Printers outside of the thirty (30) calendar day return window of the original gMax 2 PRO purchase cannot return their printers. All sales are final.

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gMax 2 3D Printer Standard Technical Support, Enhanced Phone and Video Support, and Upgrades

​Free, unlimited email support for all gMax 2 3D Printers will be offered for twelve (12) months from the date of delivery. Additional support resources can be found on our Resources and Support page, gMax Articles and Updates page, and the gCreate Online Forum. 

Support tickets begin via the gCreate ticketing system at the bottom of this page: https://www.gcreate.com/gmax-resources-and-support

 Any gMax 2 3D Printer customers who purchased their machines directly from gCreate or an authorized reseller have the option to purchase enhanced technical support via phone / video call on an hourly basis. The cost for live technical support is one hundred dollars ($100) per hour and while the support technician will do the best to diagnose and troubleshoot any outstanding issue(s) on a call, without having the physical machine in front of them to inspect and work on, results cannot be guaranteed. The hourly fee covers the live consultation but does not cover the cost of any suggested or necessary components, and/or shipping. There are no refunds for paid technical support calls or used components*, and all calls must be booked and paid in full in advance.

​Any gMax 2 3D Printer customers, regardless of when or where it was purchased, have the option to send their printer(s) back to gCreate for evaluation and upgrading their machines to a gMax 2 PRO at their own expense. Rebuilt / upgraded printers have a ninety (90) calendar day warranty for factory defects on components with the exception of consumables** for serviced printers. All sales are final. 

gMax 1.5+ and Earlier 3D Printer Support

​The gMax 1.5+ 3D Printer Series became a legacy product in 2019. Free resources for discontinued models prior to 2020 can be found and discussed on the gCreate Online Forum.  

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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.

​This includes, but is not limited to, any 3D Printers, Accessories, 3D Printed Models, and Personal Protective Equipment (PPE) sold by gCreate. 

Limitations

​Customers are prohibited from making unauthorized modifications to the Products. Customers are also prohibited from using the Products in any unauthorized manner including using unauthorized parts and materials.

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 ability to enforce any other remaining provisions.

Confidentiality Agreement for 3D Printing Services

​Your access and use of any website owned by the Company constitutes your consent to be bound by this Agreement. All 3D models uploaded to websites owned by the Company will be kept confidential and will not be shared without Customer’s written consent. This policy also applies to Potential Customers who upload 3D models to websites owned by the Company but do not complete the path to purchase.

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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.

​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.

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​Changes to Agreement

​​Customers 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.

*components include any individual portion of any gMax 3D Printer or accessory 

**consumables include hot-ends, nozzles, print surfaces (actual build plate, top surfaces, flex plates, adhesives), BLTouch pins, and 3D printing materials.

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