General Terms and Conditions – UpNano GmbH

 

1. Object of agreement

UpNano is a manufacturer of high-resolution 3D printing systems, which consist of both hardware and software components. The object of agreement are 3D printers, manufactured by UpNano ("UpNano Hardware"), UpNano accessories, spare parts, UpNano printing materials ("UpNano Supplies"), which are manufactured and/or branded by UpNano and sold by UpNano to Customer, as well as UpNano's 3D printing software "Think3D".

UpNano's 3D printing system requires that the customer software "Think3D" is installed on a PC.

In case UpNano's software "Think3D" is not installed on a PC supplied by UpNano, the customer software has to be installed on a PC with the minimum specifications according to the technical recommendations in the site requirements.

2. Service provision/remote maintenance

In the absence of any other agreement, UpNano's services shall be performed by way of remote maintenance and remote diagnosis. There is no right to immediate troubleshooting.
The customer commits himself in the case of a failure to:

  • document any malfunctions and/or programme errors that occur and report them to UpNano in writing (ea. by email) immediately after they occur, but not later than one (1) month after the defect was noticed first by Customer.
  • enable remote maintenance (via team viewer).
  • in the absence of any other agreement, to enable the performance of services during UpNano's business hours on business days from 9:00 a.m. to 5:00 p.m. CET/CEST, excluding public holidays of Austria.

3. Scope of services hardware maintenance

In the event that the customer commissions hardware maintenance in absence of an SLA, the services of UpNano shall include:

  • Performing necessary maintenance work on the hardware (recommended once per year).
  • Exchange of consumables (e.g., laser diodes, filters) in accordance with manufacturer specifications.
  • Correction of operational faults.

Not covered by the scope of service, if not otherwise agreed upon in writing:

  • Expenses due to notifications that arise due to (i) failure to follow the instructions for maintenance, storage, installation, proper use and/or working conditions (Site Requirements) intended for the use of UpNano Products, (ii) for repairs which are incorrectly carried out by the client, (iii) for alterations (including relocation) made without UpNano's consent.
  • Services that are caused by external influences, climatic influences, and force majeure.

4. Scope of services software maintenance

In the event, that the customer commissions software maintenance in absence of an SLA, the services of UpNano shall include:

  • The elimination of program errors that are reproducible, concern the last unmodified version of the program and are sufficiently documented by the customer in the form provided by the UpNano.
  • The adaptation of the printer control software to changes/updates of the operating system environments released by UpNano.
  • The improvement and/or extension of program functions to any additional hardware components or functions developed and offered by UpNano.

5. Support services

In the event, that the customer orders support services, the services of UpNano shall include:

  • Installation and training
  • Customer support for technical problems
  • Telephone support, remote service support, design, and implementation support – within 2 working days
  • Emergency support in case of malfunctions, whereby malfunctions are to be reported via phone or by email.

6. Costs

If an SLA is established, the running costs result from the scope of services and remuneration as agreed in the SLA.

In absence of an SLA, remote customer support shall comprise up to of 18 hours per year (fair use), and 36 hours per year (fair use) in the event of an SLA.

For 24-hour and Saturday weekend support, a flat rate of 200 Euro net/hour emergency service is payable, for Sundays and public Holidays 300 Euro net/hour. On-site support, travel costs, overnight stays, etc. are not included in the running costs and are to be paid according to actual expenditure, if not otherwise agreed upon.

Other ­services are ­invoiced at UpNano's hourly rates. Additional support time is payable with 125 Euro net/hour, if not otherwise agreed upon. Travel time is time is payable with 100 Euro net/hour.

UpNano reserves the right to change the costs and hourly rates by written notification with 90 (ninety) days' notice, even independently of changes in wages under the collective agreement.
Any costs do not include the value added tax (VAT).

7. Data protection

UpNano will only store and process the data necessary for the execution of the order. Personal data that becomes known in the course of fulfilling the order will be treated confidentially. Data will not be passed on to third parties unless this is necessary for the provision of services (e.g., transport services).

8. Place of performance and jurisdiction

Place of payment and jurisdiction as well as place of performance is Vienna, following Austrian law.

9. Miscellaneous

Unless otherwise provided in the SLA, the General Terms and Conditions of the Austrian Federal Economic Chamber for the Sale and Delivery of Software Support Services (B2B), as well as the General Maintenance and Service Conditions of the Austrian Electrical and Electronics Industry Association (Fachverband der Elektro- und Elektronikindustrie Österreich) shall apply in their currently valid version. These General Terms and Conditions can be accessed at: www.wko.at/service/agb.html

 

UpNano Warranty statement – UpNano GmbH

 

General terms

  1. This Limited Warranty applies to "UpNano Products" only. UpNano Products are hardware products, especially 3D printers, manufactured by UpNano ("UpNano Hardware"), and UpNano accessories, spare parts, especially UpNano printing materials ("UpNano Supplies"), which are manufactured and/or branded by UpNano and sold by UpNano to Customer.

Service contract

  1. Warranty for licensed and pre-installed UpNano software, UpNano services, maintenance and response times, are defined and solely covered by the UpNano Service Level Agreement ("UpNano SLA") which is recommended to be closed.

Repair or replacement

  1. UpNano guarantees to repair and/or replace, at UpNano's option and at its own expense, an UpNano Product that manifests a defect in materials or workmanship, which do not comply with the agreed technical specifications, arising during the Limited Warranty Period, if Customer provides a warranty notification regarding the defect to UpNano.
  2. Any necessary hardware repairs shall take place either at the UpNano's facility, or, at UpNano's sole discretion, onsite at place of installation. Unless otherwise agreed, Customer shall return defect Products to UpNano and UpNano shall return the repaired or replaced Products to the client Delivered At Place (DAP) the place of the Parties specified as per Incoterms® 2023 excluding taxes.
  3. In case of repair or replacement, UpNano guarantees for the repaired or replaced UpNano Products for the remaining Warranty Period, but at least for 6-month days after repair or replacement of defect products.
  4. Replacement can be carried out by refurbished products, which are functionally equivalent in performance and reliability to the original products.
  5. In case of Replacement, the replaced parts or components shall become the property of UpNano.

Warranty period

  1. The Limited Warranty Period for UpNano Hardware starts with the date of Delivery. Unless otherwise agreed, the Warranty Period for UpNano Hardware is twelve (12) months.
  2. The Limited Warranty Period for UpNano Supplies starts with the date of Invoice. Unless otherwise agreed, the Warranty Period for UpNano Supplies is six (6) months.
  3. UpNano's obligation ceases upon the expiration of the Limited Warranty Period.
  4. In case of extension of the Warranty Period for UpNano Hardware by Service Level Agreement ("SLA"), UpNano's obligation ceases with the expiration of the extended period as agreed upon in the SLA, latest after 5 years.

Warranty notification

  1. Any Warranty Notification must be made in writing without delay, not later than one (1) month after the defect was noticed first by Customer, and must have been received by UpNano before expiry of Warranty Period by e-mail to: .
  2. The defect must be described in writing. To register a Warranty Notification, the client is obliged to give UpNano the serial number of affected products. UpNano shall confirm receipt of Warranty Notification without delay.

Limitation of liability

  1. UpNano shall not be responsible or liable, that (i) UpNano Products will run uninterrupted or error-free, (ii) for a defect or damage of Products, which occurs as a result of Customer's failure to follow the instructions for maintenance, storage, installation, proper use and/or working conditions (Site Requirements) intended for the use of UpNano Products, (iii) for repairs, incorrectly carried out by the client, (iv) for alterations (including relocation) made without UpNano's consent, for and/or (v) for consequential, indirect, or incidental damages.
  2. Use of printing materials by Customer, purchased from and/or provided by third parties, does not affect either the UpNano Limited Warranty or the UpNano SLA.
  3. If the reason of failure or damage is outside of warranty or liability of UpNano (clause 14.) and/or attributable to the use of third-party printing materials (clause 15.), UpNano is entitled to charge its standard prices for time and UpNano Supplies, which are necessary to service, repair or replace UpNano Hardware for the particular failure or damage.
  4. UpNano is not liable to compensate Customer either for loss of profit, declining production or any other loss resulting of the goods or services not being able to be used in a way not specified in the contract, except if mandatory law requires otherwise.
  5. UpNano's warranty obligations do not extend to any warranty for services unless agreed upon in SLA.
  6. The statutory warranty and guarantee rights of Customer are not restricted by this warranty regardless of whether the warranty case occurs and whether a claim is made under the warranty.