MARKFORGED GLOBAL SERVICE PLAN

Last Updated: March 21, 2024
 

MARKFORGED GLOBAL SERVICE PLAN

FOR AUTHORIZED RESELLERS

PLEASE READ THE FOLLOWING TERMS CAREFULLY, AS PURCHASING OR USING ANY

SERVICES FROM MARKFORGED, INC. AND/OR ITS AFFILIATES (COLLECTIVELY, “MARKFORGED”)

INDICATES AGREEMENT WITH, AND ACCEPTANCE OF, THESE TERMS.

Markforged is pleased to offer this Global Service Plan (this “Plan”) to our reselling partners (“Partners”) exclusively as part of our Digital Forge Subscription offerings to allow our Partners to offer their customers (“Customers”) an enhanced level of services for certain designated Markforged products (the “Products”). All Partners are required to review this document prior to engaging in marketing or sales activities related to this Plan. Every Partner’s activities are also governed by a written contract between the reseller and Markforged; sales of this Plan are subject to these contracts, as well as to these terms and conditions.

Customers are subject to the terms and conditions posted to www.markforged.com/legal and any other contractual terms and conditions presented by Markforged (the “Terms”). As a reminder, Partners are contractually bound to obtain agreement to the Terms from each of their Customers. Customers must consult the Terms and not this Plan document.

PLAN SCOPE

This Plan is an extension of (and not a replacement for) Markforged’s standard limited warranty as described in the Terms. This Plan allows Partners to obtain certain specified replacement parts for covered Products, expedited shipping for those parts when determined by Markforged to be commercially reasonable, and extended remote support services as further described below.

(See below for exclusions and limitations.)

What is included:

• Partner-only access to phone and online support from the Markforged Technical Support team to assist with troubleshooting and diagnosing parts that may need repair or replacement.
  • For all Covered Products Except for FX20: Partners can contact Markforged on behalf of their Customer for support by submitting a support case online at support.markforged.com or phoning 1.855.600.7395 or 617.315.8159. Markforged attempts to respond to partners within nine business hours of an initial request. Business hours are 9:00 AM to 6:00 PM EST Monday-Friday (except for legal holidays observed by the U.S. government). Hours of operation are subject to change.
  • For Covered FX20 Printers: Support will be provided through an exclusive FX20 hotline. A passcode for the hotline will be provided to Partners at the time of purchase. Markforged attempts to respond to Partners within two business hours of the initial request.
• Unlimited online Customer access to Markforged University and customer support documentation on the Portal during the Subscription Period
• Repair or replacement of certain parts when failure is caused by normal wear & tear as set forth on Appendix A.
• Repair or replacement of certain parts when failure is caused by accidental damage as set forth on Appendix B.
• For FX20 only: one remote consultation ninety days after the installation with a Markforged FX20 Specialist.

Note: Markforged may use new, reconditioned, or remanufactured parts or assemblies of equal or improved quality. Markforged may, at Markforged’s sole discretion, elect to repair, replace, maintain, or service any covered component or subcomponent of a Product or part. All replaced parts, assemblies, components, or subcomponents become the property of Markforged. Markforged, at its option, may request the return of any or all of these parts.

ELIGIBILITY AND SUBSCRIPTION PERIOD

Plans may be purchased for eligible Products solely as part of the Digital Forge Subscription offering. Plans begin on the date set forth on the applicable ordering document (the “Subscription Start Date”) and remain in effect for the term set forth on such order (the “Subscription Period”). Subscription Periods are never shorter than twelve months and always expire on the anniversary of the Subscription Start Date, unless co-termed with existing plans. Subscription Periods may be one or three years in duration; provided, that any Subscription Period for an FX20 Printer must be a minimum of three years.

Any Subscription Term may be extended for additional one-year or three-year periods, provided that such covered Product(s): (i) is currently covered under Markforged’s standard limited warranty; (ii) is currently covered under a Plan; or (iii) was covered under a Plan that expired within sixty calendar days of the renewal order date. In addition, in order to be eligible for an extension period: (y) the Product(s) must be in good working order (for example only, has successfully completed a print in the last 90 days); and (z) if an End of Life notice has been issued for the relevant Product (or any portion of the Product bundle), the extension does not exceed the Last Date of Support in the End of Life Notice.

PARTNER RESPONSIBILITIES

Note: It is the Partner’s responsibility to provide all on-site and direct remote support to Customers. Direct Customer support by Markforged is out of scope of this Plan.

If the relevant printer contains features that enable Markforged Support to diagnose and repair problems with the product remotely, Partner will utilize best efforts to facilitate such remote access to the Product and/or to assist in collecting diagnostic logs.

Partners must work cooperatively with Markforged staff to attempt to repair a part before requesting a replacement. The decision to issue replacement parts or to have a printer returned for replacement or servicing is at Markforged’s sole discretion. If replacement parts are deemed necessary, Markforged Support will coordinate shipment and express shipping will be utilized where possible.

For covered Industrial Printers (X3, X5, X7), partners will receive at least one reference bed for the purpose of this calibration. Calibration reference beds are to be used for Partner and customer calibration purposes only, and cannot be resold. Partners are responsible to conduct an annual on-site device calibration.

As set forth in the Terms, Markforged reserves the right to require return of printers and parts. In such a case, Markforged Support will issue a Return Merchandise Authorization (“RMA”) to Partner. Returns will not be accepted without an RMA. Partner is responsible for ensuring that items are packed according to Markforged Support’s instructions to prevent damage in transit.

TRANSFERABILITY

Each Plan covers a specific Product or Products registered to one Eiger organization at the time of purchase of the Plan and is linked to the serial number(s) of the covered Product(s) within that Eiger organization. Plans may not be transferred to other Products or Customers. In addition, Plans may not be resold and are non-transferable and non-refundable, other than as may be provided for herein or in connection with a Markforged-approved substitution or equipment replacement.

TERMINATION/CANCELLATION

Markforged reserves the right to terminate any Plan in the event that the Partner or the Customer is in material breach of any contract between the relevant party and Markforged (including but not limited to failure to pay outstanding charges due to Markforged) where such breach is not cured within thirty days of the date on which Markforged provides notice of the same. Further, Markforged reserves the right to void any Plan that is associated with a Product (or any device included in a bundle) that is not used and/or installed solely in accordance with the Documentation posted to Markforged’s support website at https://support.markforged.com/portal/s/ (the “Portal”). In either scenario, no refunds will be provided in the event of such a termination.

PLAN EXCLUSIONS AND LIMITATIONS

Plans do not cover:

• Direct access by Customers to Markforged Technical Support, whether in person, online or by telephone.
• Service, repair or replacement of any consumables or printing filaments, including but not limited to the items listed on Appendix C.
• Defective parts or Products that are eligible for replacement or repair under the exclusive limited warranty in the Terms that are applicable to the Products.
• Damage due to liquids or by non-approved or inappropriately handled solvents or other liquids used in a wash unit.
• Any Product or part with an altered or removed serial number.
• Any lost or stolen Product.
• Any Product or part used a manner contrary to an applicable contract, the Terms, or the documentation provided with the Product or part.
• A Product that has been transferred to or used by someone other than the original purchaser.
• Damage or wear due to abuse, neglect or misuse, extreme environment, unusual physical or electrical stress or interference, exposure to moisture, flooding, fire, or electrical problems associated with incoming power, as defined at the discretion of Markforged.
• Damage or wear resulting from unauthorized hardware, software, or firmware modifications to or disassembly of the Product.
• Damage or wear due to failure to comply with shipping instructions and/or packing documentation.
• Damage or wear resulting from attempts by personnel other than Markforged representatives to install, modify, repair or service the printer unless directed by a Markforged representative.
• Damage or wear resulting from connection to incompatible equipment.
• Damage, malfunction or degradation of performance resulting from failure to perform user maintenance and cleaning as prescribed by Markforged.
• Damage or wear caused by use with materials, products or software not developed by Markforged, including third-party printing materials, third-party consumables, solvents, adhesives, cleaners, abrasives, or lubricants.
• Cosmetic damage, including but not limited to scratches, dents, abrasions, streaks, clouding, or paint/finish chipping.
• Software or firmware enhancements or upgrades otherwise available for purchase or licensing.

ORDERS

The purchase price and/or service fees shown on Markforged’s list pricing and pricing quotes are exclusive of all federal, state and local sale, use, excise, privilege and similar taxes, and the Partner shall pay such taxes, unless the Partner furnishes a valid exemption.

Partner’s submission of a purchase order or acceptance of service shall be deemed to be Partner’s agreement to the terms of the Plan in full, regardless of any wording to the contrary on the purchase order, even if such purchase order is expressly made conditional on Markforged’s assent to such additional or different terms.

LEGAL TERMS

In addition to the agreement between Partner and Markforged, the following apply to the maximum extent allowed by law:

MARKFORGED SUCCESS PLANS ARE OPTIONAL PLANS FOR SERVICE AND SUPPORT. SUCCESS PLANS ARE NOT A WARRANTY OR LIMITED WARRANTY. AVAILABILITY AND RESPONSE TIMES MAY VARY. TO THE MAXIMUM EXTENT PERMITTED BY LAW, MARKFORGED DISCLAIMS ALL WARRANTIES, CONDITIONS, TERMS, UNDERTAKINGS, OBLIGATIONS, AND REPRESENTATIONS, WHETHER ORAL OR WRITTEN, STATUTORY, EXPRESS OR IMPLIED AND MARKFORGED EXPRESSLY DISCLAIMS AND EXCLUDES ANY AND ALL STATUTORY AND IMPLIED WARRANTIES, CONDITIONS OF ANY KIND, TERMS, UNDERTAKINGS, OBLIGATIONS, AND REPRESENTATIONS RELATED TO OR ARISING IN ANY WAY OUT OF THESE TERMS AND RESELLER’S OR AN END-USER’S PURCHASE OR USE OF THE PLAN, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OF TITLE, OR WARRANTIES OTHERWISE IMPLIED BY STATUTE OR FROM A COURSE OF DEALING OR USAGE OF TRADE. NEITHER MARKFORGED NOR ITS SUPPLIERS SHALL BE RESPONSIBLE OR LIABLE UNDER ANY CONTRACT, NEGLIGENCE, STRICT LIABILITY, OR OTHER THEORY FOR: (A) LOSS OR INACCURACY OF DATA OR COST OF PROCUREMENT OF SUBSTITUTE GOODS, SERVICES OR TECHNOLOGY, OR (B) ANY INDIRECT, INCIDENTAL, OR CONSEQUENTIAL DAMAGES INCLUDING, BUT NOT LIMITED TO LOSS OF REVENUES AND LOSS OF PROFITS.

WITHOUT LIMITING THE FOREGOING, MARKFORGED DOES NOT WARRANT THAT THE PRODUCT(S) OR ANY ITEMS PRODUCED BY THE PRODUCTS WILL MEET RESELLER OR END-USER’S REQUIREMENTS OR EXPECTATIONS. NEITHER MARKFORGED OR ITS SUPPLIERS ASSUMES ANY LIABILITY WHATSOEVER UNDER THESE TERMS FOR ANY DAMAGES (WHETHER DIRECT, INDIRECT, CONSEQUENTIAL, SPECIAL, PUNITIVE OR EXEMPLARY) IN CONNECTION WITH THE PRODUCTS OR ANY ITEM PRODUCED WITH A PRODUCT.

IN ANY CASE, TO THE MAXIMUM EXTENT PERMITTED BY LAW, MARKFORGED’S AGGREGATE CUMULATIVE LIABILITY HEREUNDER SHALL NOT EXCEED $1,000. THE FOREGOING LIMITATIONS OF LIABILITY SHALL APPLY, EVEN IF MARKFORGED AND/OR ITS SUPPLIERS HAVE BEEN ADVISED, OR ARE OTHERWISE AWARE, OF THE POSSIBILITY OF DAMAGES IN EXCESS OF SUCH LIMITATIONS. SOME JURISDICTIONS DO NOT ALLOW EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS ON LIABILITY, SO THE LIMITATIONS AND EXCLUSIONS SET FORTH IN THIS SECTION MAY NOT APPLY. IN SUCH CASES, THE LIABILITY OF MARKFORGED AND ITS SUPPLIERS SHALL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW. IF ANY PORTION OF THESE SECTIONS IS HELD TO BE INVALID, THE INVALIDITY OF SUCH PORTION SHALL NOT AFFECT THE VALIDITY OF THE REMAINING PORTIONS OF THE APPLICABLE SECTIONS.

CHANGES TO THE PLAN

Markforged may modify the Plans by posting revisions to www.markforged.com/legal.
 

APPENDIX A: NORMAL WEAR AND TEAR ITEMS