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Customer Terms of Purchase

Markforged 

Product and Material Terms and Conditions

Last Revised: October 18, 2024

 

1. HOW THESE TERMS APPLY TO YOU 

These Product and Material Terms and Conditions (these “Terms”) apply to the purchase and use of any Product and/or Materials, whether purchased directly from Markforged or via a Markforged authorized reseller. Markforged cannot control, and therefore is not responsible for, the transactional activities of Our resellers or of Third-Party Suppliers (as defined herein). 

Please read these Terms carefully before purchasing or using Products or Materials. By making such a purchase, You agree to be bound by these Terms. If You do not agree to all the terms and conditions of these Terms, then You shall not purchase or use Products or Materials. To the extent that these Terms conflict with any order form, transactional document, purchase order, or purchasing terms and conditions presented by You to Us or to a reseller, these Terms will take precedence and any such other instrument shall be void and of no effect. 

Any offer made on a Website is void where prohibited by law. If these Terms are considered an offer, Our acceptance is expressly limited to your agreement to these Terms in full. If You are purchasing or using Products or Materials on behalf of an organization, You represent and warrant that You have the authority to bind the organization on whose behalf You are making the purchase and such entity will be subject to all terms and conditions of these Terms. Further, You represent that You are at least the age of majority in your state or province of residence. Children under the age of 18 may not accept these terms, use Our Websites, or purchase Products or Materials.

These Terms do not cover any other type of Markforged technology or offering, including Cloud Service, Offline Software, Markforged University, or Professional Services, each of which is subject to its own terms and conditions (the “Additional Terms”). You must accept the Additional Terms prior to access or use of such Markforged technology or offering. You acknowledge and agree that Products can be used only: (i) in conjunction with: (a) Our proprietary software or Third-Party Software approved by Us for Your Use with Products; and (b) Materials approved by Us for Your Use with Products; and (ii) in accordance with the Documentation and Our instructions. 

If You have any questions about these Terms, please write to us at legal@markforged.com.

 

2. DEFINITIONS

These Terms use certain words and phrases in a specific manner.  These words or phrases have been capitalized, and each is bolded where the definition is first provided. Some definitions are provided in close proximity to the initial use of the word or phrase, and for convenience, some are defined in this Section. 

For purposes of these Terms, “You” and “Your” refer to the person or organization that is purchasing or using one or more Products and/or Material(s). 

“Markforged", “We”, “Us,” and “Our” refers to Markforged, Inc. and includes any affiliate of Markforged, Inc. (any entity that directly or indirectly, through one or more intermediaries, controls, is controlled by, or is under common control with, Markforged, Inc.) that is identified on an Order.“Cloud Service” means a software-as-a-service platform made available by Markforged for use with the Product(s) via a Website.

“Consumable Parts” means the items identified as ‘Printing Consumables’ and as ‘Other Consumables’ in the Markforged Global Service Plan, available at: https://markforged.com/markforged-global-service-plan.

“Firmware” means any pre-installed software embedded on a Product, as updated from time-to-time.

“FFF Printer Materials” means materials that are used to print items with FFF Printer Products, including, but not limited to, any and all filaments or powders, plastics, composites, and carbon fiber filament fabrication materials that are made available by Markforged, as well as other Consumable Parts that are provided by Markforged for use with FFF Printer Products, excluding: (i) Metal Binder Jetting Solutions Materials; and (ii) Third-Party Materials.

“FFF Printer Products” means Markforged 3D printers, excluding: (i) any Firmware that is installed on Markforged 3D printers; (ii) Metal Binder Jetting Solutions Products; and (iii) Third-Party Products.

“Markforged Materials” means, collectively, FFF Printer Materials and Metal Binder Jetting Solution Materials.

“Markforged Products” means, collectively, FFF Printer Products and Metal Binder Jetting Solution Products.

“Materials” means, collectively, Markforged Materials and Third-Party Materials.

"Metal Binder Jetting Solution Materials” means materials that are used to print items with Metal Binder Jetting Solution Products, including, but not limited to, any and all filaments or powders, plastics, composites, and carbon fiber filament fabrication materials that are made available by Markforged, as well as other Consumable Parts that are provided by Markforged for use with Metal Binder Jetting Solution Products, excluding Third-Party Materials.

"Metal Binder Jetting Solution Products” means Markforged metal binder jetting solution products, excluding: (i) any Firmware installed on such products; and (ii) Third-Party Products.

“Offline Software” means a software platform made available by Markforged for use with the Product(s) via installation on Your own device.

“Order” means an order placed by You, to Us or to an authorized Markforged reseller, for Product(s) and/or Materials.

“Products” means, collectively, FFF Printer Products  Metal Binder Jetting Solution Products, and Third-Party Products. 

"Professional Services” means Your use of and access to any Markforged non-Cloud Service services provided to You in-person or electronically, and any other professional services that Markforged performs.

"Third-Party Materials” means materials that are used to print items with Products, including, but not limited to, any and all filaments or powders, plastics, and composites and carbon fiber filament fabrication materials, which are made available by a Third-Party Supplier.

"Third-Party Products” means any product, part, or component (including without limitation any powder bin, pre-separator, tubing, filter, de-powdering station, print box, print box handler, table, powder container or bin, powder mixer, print box, vacuum, heating cabinet, cabinet stand, shaker, bowl, scoop, cube, lid, clamping device, clamping ring, container, outlet adapter, powder handling equipment, oven, sinter, furnace, valve, gas supply, flow controller, or powder handling setup) made available by a Third-Party Supplier.

"Third-Party Software” means software approved by Markforged for use with a Product, which software is provided or otherwise made available by a Third-Party Supplier.

“Third-Party Supplier” means any non-Markforged third party that makes available any Third-Party Product, Third-Party Materials, and/or Third-Party Software.

The “Websites” include any website that is owned or controlled by Markforged including without limitation www.markforged.com, Eiger.io, and any online store hosted by Markforged.

 

3. CHANGES 

Markforged reserves the right, at any time and from time-to-time, to update, to revise, to supplement, or otherwise to modify these Terms (and the Additional Terms) and to impose new or additional rules, policies, terms, or conditions. Your purchase is subject to these Terms as they appear on our Website on the date that you place an Order. No Markforged employee or agent (including Markforged reseller) is authorized to make any modification, extension, or addition to these Terms.

 

4. PURCHASE TERMS

The following two subsections apply only if You purchase Products or Materials directly from Markforged. Our authorized resellers set their own prices at will, and We are not responsible for their pricing or invoicing practices.

Prices. The prices listed on Our Websites are subject to change at any time with or without notice at Our sole discretion and We reserve the right to correct any pricing errors. Prices posted to Our Websites or listed on an order form do not include shipping, tax, duties, or tariffs, unless specifically stated otherwise. You will be charged separately for such amounts and are responsible for paying such amounts. All amounts are payable in U.S. Dollars and are nonrefundable, except as specifically provided in these Terms. 

Payment. Terms of payment are within Our sole discretion and, unless otherwise agreed to by us, payment details must be received prior to Our acceptance of an Order. We may allow You to make purchases using credit or debit cards. When You provide your card information, We may obtain a preapproval from the card company for the amount of Your Order, which may result in a corresponding block on Your available credit while pre-approval remains in place. We will bill your card when Your Order is processed.

The following three subsections apply to all purchases, both directly from Markforged and from any authorized reseller:

Orders. Once We receive your Order, We will provide You or Your reseller with an email order confirmation. An order confirmation, however, does not signify Our acceptance of an Order, nor does it constitute confirmation of Our offer to sell. We reserve the right at any time after receiving Your Order to accept, to decline, or to cancel any portion of Your Order, or Your entire Order, for any reason. We may, in Our sole discretion, limit or cancel quantities purchased per Order. These restrictions may include Orders placed by or under the same customer account, the same credit card, and/or Orders that use the same billing and/or shipping address. In the event that We modify or cancel an Order, We will attempt to notify You by contacting You via the email and/or billing address/phone number provided at the time the Order was placed. We reserve the right to limit or prohibit Orders that, in Our sole judgment, appear to be placed by unauthorized dealers, resellers, or distributors. If We cancel an Order, or a portion of an Order, for which We have already received Your payment, We will refund You a pro-rata portion of the amount paid. Unless We agree in a signed writing with You to procure any Third-Party Product, Third-Party Materials, and/or Third-Party Software on Your behalf, You are responsible for placing any order for Third-Party Products, Third-Party Materials, and/or Third-Party Software directly (or indirectly via a Markforged authorized reseller or distributor) with the relevant Third-Party Supplier. Markforged has no responsibility or liability whatsoever with respect to any Third-Party Product or Third-Party Material, including without limitation any order placed for or not placed for, or availability of, such item(s).

Shipping and Delivery. If We accept Your Order for Markforged Products and/or Markforged Materials, We will ship Your Order upon availability. We do not guarantee that We will have the quantity of Markforged Products or Markforged Materials that You order immediately available, and availability may be delayed. We reserve the right to change quantities available for purchase at any time, even after You place, and We accept, an Order. If We learn that We cannot fulfill all or any portion of an Order, We will cancel or modify Your Order and refund the price of the unfulfilled portion of the Order that You paid. Unless You make other arrangements with us, We use common carriers for shipping. We have no control over these common carriers and are in no way liable or responsible for the acts or omissions of these common carriers, including without limitation late deliveries. You are solely responsible for damage or loss in transit. The relevant Third-Party Supplier is responsible for shipping and delivery of any Third-Party Products and/or Third-Party Materials. Markforged has no responsibility or liability whatsoever with respect to any Third-Party Product or Third-Party Material, including any late or failed shipping or delivery of such item(s).

Descriptions, Availability. All descriptions of Products and Materials are subject to change at any time, with or without notice, at Our sole discretion. We reserve the right to modify or discontinue any Products or Materials at any time, and to discontinue compatibility between or among any Markforged Product, any Third-Party Product, and/or any Third-Party Material, with or without notice in Our sole discretion. The information provided on Our Websites with respect to Products or Materials may be out of date, and We make no commitment to update this information.

 

5. RESTRICTIONS ON USE AND LEGAL COMPLIANCE

Illegal Activities. You agree that You will not use Products or Materials in a manner that violates any law or regulation. For clarity, and not in limitation, You further agree that You will not directly or indirectly use or encourage, assist, permit, or direct any third party to use, Products or Materials for the development, production, sale, or distribution of manned or unmanned aircraft, watercraft, landcraft, medical devices, firearms, weaponry, or munitions, or any component thereof (collectively, “Prohibited Manufactured Items”), except where You have obtained and maintained as current all required licenses and permissions, and where You are in full compliance with all applicable laws. At Markforged’s request, You shall produce licenses and permissions certifying compliance with any laws or regulations as may be applicable to the purchase or use of Products or Materials, or to the development, production, sale, or distribution of any Prohibited Manufactured Item with the use of any Product or Material, in each case in form and substance satisfactory to Markforged. Markforged has no liability whatsoever with respect to items manufactured with Products or Materials.

Notification to Authorities. You agree that Markforged may provide any information to any law enforcement or other governmental agency regarding Your purchase or use of Products or Materials (including, without limitation, information relating to Your identity and the nature of Products or Materials purchased or used by You), and, notwithstanding any provision herein to the contrary, such information shall not be confidential under these Terms. Such information may be provided by Markforged to any law enforcement or other governmental agency even if Markforged is not legally obligated to do so.

Further Restrictions on Use. You agree that You will not, directly or indirectly, nor will you encourage, assist, permit, or direct any third party to: (a) modify, tamper with, repair, translate, adapt, arrange, or create derivative works that are based on Products, Materials, or any Firmware or any component thereof; (b) decompile, disassemble, or otherwise reverse engineer Products, Materials, or Firmware or any component thereof, or determine or attempt to modify, translate, determine, discover, or recreate any designs, source code, algorithms, methods, structure, interfaces, protocols, messaging, or techniques used or embodied in Products, Materials, or Firmware or any component thereof; (c) remove, alter, or obscure any copyright, trademark, patent, confidentiality, or other proprietary notice, label, or mark from, on, or pertaining to Products, Materials, or Firmware; (d) use Products or Materials in a manner that is in violation of any obligation or restriction imposed by any third party; (e) make or permit use of any trademark, trade name, service mark, or other commercial symbol of Markforged without Our prior written consent; (f) use Products or Materials for benchmarking or competitive analysis; and/or (g) take or permit any other action which could reasonably be expected to impair Markforged’s rights, or to damage the image or reputation of quality inherent in Products, Materials, or in Markforged’s business, reputation, intellectual property, or other valuable assets or rights.

 

6. EXPORT 

You acknowledge and agree that Your use of Products and Materials may be subject to United States and other applicable country export control and trade sanctions laws, rules, and regulations, including without limitation the regulations promulgated by the United States Department of Commerce and the United States Department of the Treasury (collectively, the “Export Control Laws”).  You shall be solely responsible for complying with the Export Control Laws regarding Your purchase and use of Products and Materials, and You are responsible for monitoring and complying with modifications to the Export Control Laws. You represent and warrant that: (a) You are not a citizen of, or located within, a nation or region that is subject to United States trade sanctions or restrictions; (b) You are not identified on any United States government restricted party lists (including, without limitation, the United States Treasury Department's List of Specially Designated Nationals and Other Blocked Persons, the United States Department of Commerce’s: Denied Party List, Entity List, or Unverified List; or the United States Department of State’s proliferation-related lists), or owned or controlled by any such person; (c) You will not, unless otherwise authorized under the Export Control Laws, use Products or Materials for any restricted end use, including, without limitation, design, analysis, simulation, estimation, testing, or other activities related to nuclear, chemical/biological weapons, rocket systems, or manned or unmanned air, water, or land vehicles applications; and (d) anything You create with or use in connection with Products is subject to any restriction on disclosure, transfer, download, export or re-export under the Export Control Laws.  You agree that You will not use Product(s) to disclose, transfer, download, export, or re-export, directly or indirectly, the content You use or create in connection with Products, third-party materials, or any other content or material to any country, entity, or other party that is ineligible to receive such items under the Export Control Laws or under other applicable laws or regulations.

 

7. EXCLUSIVE LIMITED WARRANTY

No Markforged reseller is authorized to make any modification, extension, or addition to this Exclusive Limited Warranty or any other provision of these Terms. 

Applicability. Please review the “Documentation” available at: https://support.markforged.com/portal/s/ before requesting warranty service. If the Markforged Product does not function properly after You have consulted the Documentation, You may contact Us. However, if You purchased through a reseller, We may refer You to that reseller for assistance.  We may restrict service to the fifty states of the United States of America and the District of Columbia. If any Third-Party Product does not function properly after You have consulted the relevant Third-Party Supplier’s documentation, You must contact such Third-Party Supplier directly for assistance.

Exclusive Limited Warranty. Consistent with the Documentation, except as provided in the Exclusions section below, We warrant Markforged Products against workmanship defects for the time periods set forth below, provided that the Markforged Product was subject only to normal use (each, a “Warranty Period”). If a valid claim is received by Us within the Warranty Period, at Our sole option, as Our sole and exclusive obligation, as Your sole and exclusive remedy, and to the extent not prohibited by applicable law, We may provide any of the following:

90-Day Markforged Product Warranty. For a period of ninety days from the date of shipment of a Markforged Product to the original purchaser, We may, at Our option: (a) repair a hardware defect at no charge, using new or refurbished replacement components (a “Warranty Repair”); or (b) provide You with new or refurbished user-installable replacement components for You to attempt to repair the Markforged Product (a “Warranty Component Replacement”); or (c) exchange the Markforged Product with a Markforged Product that is new or reconditioned or that has been manufactured from new or serviceable used components and is at least functionally equivalent to the original Markforged Product (a “Warranty Product Exchange”); or (d) refund the purchase price of the Markforged Product. If We elect to repair a Markforged Product after this Warranty Period has expired but while the components warranty below is still in effect, We will do so and charge you for the labor associated with such repair (a “Warranty Refund”).

12-Month Markforged Product Component Warranty. For a period of twelve months from the date of shipment of a Markforged Product to the original purchaser, We will supply You with new or refurbished replacement Markforged Product components in exchange for Markforged Product components determined by Markforged to be defective (a “Warranty Product Component Exchange”). A replacement component, including a user-installable component that has been installed in accordance with instructions provided by Us, assumes the remaining warranty of the original Markforged Product, or ninety days from the date on which We shipped user-installable replacement components to You, whichever provides longer coverage. Components provided by Us in fulfillment of the Exclusive Limited Warranty must be used only in the Markforged Product for which You have claimed warranty service. 

Third-Party Suppliers. Nothing in these Terms intends to negate any manufacturer warranty that You may receive from any Third-Party Supplier from which You obtain any Third-Party Product, Third-Party Materials, and/or Third-Party Software. To the extent that We agree in a signed writing to procure on Your Behalf of Third-Party Product, Third-Party Material, and/or Third-Party Software, we intend to pass along any applicable manufacturer’s warranty to You, to the extent permitted and practical.

Warranty Claims. Any warranty claim for a Markforged Product or a Markforged Product component under the Exclusive Limited Warranty is conditioned upon You: (a) assisting us in diagnosing any issues with your Markforged Product or Markforged Product component, as applicable; (b) furnishing, if requested by Us, proof of purchase details and complying with registration requirements; and (c) following the Process for Warranty Claims, Returns, and Exchanges below.

Effect on Stored Information. You acknowledge and agree that any information stored on a Product that is repaired or replaced will be deleted, and the storage media will be reformatted in the course of warranty service. Your Product will be returned to You configured as originally purchased, subject to applicable updates.

Warranty Limitations. Availability and response times may vary. Service options are subject to change at any time.

 

8. DISCLAIMERS OF WARRANTY; LIMITATION OF LIABILITY

DISCLAIMERS. TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE LIMITED WARRANTY IN THESE TERMS IS EXCLUSIVE AND IN LIEU OF ALL OTHER 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 YOUR PURCHASE OR USE OF PRODUCTS OR MATERIALS, INCLUDING WITHOUT LIMITATION IMPLIED WARRANTIES OF MERCHANTABILITY, NONINFRINGEMENT, FITNESS FOR A PARTICULAR PURPOSE, TITLE, OR WARRANTIES OTHERWISE IMPLIED BY STATUTE OR FROM A COURSE OF DEALING OR USAGE OF TRADE.  WITHOUT LIMITING THE FOREGOING, MARKFORGED DOES NOT WARRANT THAT PRODUCT(S), OR MATERIAL(S), OR ANY ITEMS PRODUCED BY PRODUCTS AND/OR MATERIALS WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS. NO WARRANTIES, WHETHER EXPRESS OR IMPLIED, WILL APPLY AFTER THE EXPIRATION OF THE WARRANTY PERIOD. EXCEPT FOR THE EXPRESS REMEDIES SET FORTH IN THIS SECTION, NEITHER MARKFORGED NOR ITS SUPPLIERS WILL BE LIABLE FOR ANY DAMAGES (WHETHER DIRECT, INDIRECT, CONSEQUENTIAL, SPECIAL, PUNITIVE OR EXEMPLARY) IN CONNECTION WITH THESE TERMS. 

Exclusions. The exclusive limited warranty in these Terms applies only to hardware Markforged Products that are: (a) manufactured by or for Markforged that bear a “Markforged” trademark, trade name, or logo; and (b) used only with Markforged Materials approved by Us for Your Use with Markforged Products, in accordance with the Documentation and Our instructions, and with Markforged proprietary software. Further, the foregoing exclusive limited warranty does not apply to: (a) damage caused by use with materials, products, or software not developed by Markforged; (b) damage caused by Your negligence or abuse, a catastrophe, a power failure, unusual stress, or by Your failure to follow Our instructions relating to the Markforged Product’s use; (c) damage caused by operating the Markforged Product outside the permitted or intended uses described in the Documentation; (d) damage caused by service (including upgrades and expansions) performed by anyone who is not an authorized representative of Markforged; (e) a Markforged Product or Markforged Product component that has been modified to alter functionality or capability without Our prior written permission; (f) Consumable Parts, unless damage has occurred as a direct result of a defect in workmanship; (g) cosmetic damage, including without limitation scratches and dents; or (h) if a Markforged serial number has been removed or altered. This exclusive limited warranty does not apply to the Cloud Service or the Offline Software, regardless of whether they are provided free-of-charge or for a fee, and even if they are packaged or sold together with a Product. This exclusive limited warranty also does not apply to Firmware (whether installed by Markforged or a third party acting on Markforged’s behalf), third-party hardware, or to any third-party software or firmware.

Limitation of Liability. TO THE MAXIMUM EXTENT PERMITTED BY LAW, MARKFORGED IS NOT RESPONSIBLE FOR DIRECT, INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL DAMAGES RESULTING FROM ANY BREACH OF WARRANTY, TORT, PERSONAL INJURY, PROPERTY DAMAGE, ANY OTHER REASON OR CONDITION, OR UNDER ANY OTHER LEGAL THEORY, INCLUDING WITHOUT LIMITATION LOSS OF USE; LOSS OF REVENUE; LOSS OF ACTUAL OR ANTICIPATED PROFITS (INCLUDING LOSS OF PROFITS ON CONTRACTS); LOSS OF THE USE OF MONEY; LOSS OF ANTICIPATED SAVINGS; LOSS OF BUSINESS; LOSS OF OPPORTUNITY; LOSS OF GOODWILL; LOSS OF REPUTATION; LOSS OF, DAMAGE TO, OR CORRUPTION OF, DATA; REPLACEMENT OF EQUIPMENT OR PROPERTY; COSTS TO PROCURE SUBSTITUTE GOODS; COSTS OF RECOVERING, PROGRAMMING, OR REPRODUCING ANY PROGRAM OR DATA STORED OR USED WITH A PRODUCT; ANY FAILURE TO MAINTAIN THE CONFIDENTIALITY OF DATA STORED ON A PRODUCT; AND/OR DAMAGES OR LOSSES RESULTING FROM THE SALE OR USE OF ITEMS THAT ARE MANUFACTURED WITH PRODUCTS OR MATERIALS. 

THE FOREGOING DISCLAIMERS AND 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.

 

9. 30-DAY RETURN OR EXCHANGE POLICY

You may request to return or to exchange Markforged Products purchased directly from Markforged only during the thirty days following the date on which they were shipped by Markforged to You (such date, the “Return or Exchange Deadline”), and only in accordance with the  Process For Warranty Claims, Returns, and Exchanges section below.

 

10. PROCESS FOR WARRANTY CLAIMS, RETURNS, AND EXCHANGES

Return Merchandise Authorization. If You are submitting a claim under the Exclusive Limited Warranty, You must contact us as set forth herein prior to the expiration of the applicable Warranty Period. If You are initiating a request for a return or an exchange, You must contact us as set forth herein prior to the Return or Exchange Deadline. In either case, You must contact us by emailing support@markforged.com and requesting that We verify the eligibility of the item for warranty claim, return, or exchange. If We determine, in Our sole and absolute discretion, that the item is eligible, We will provide You with a “Return Merchandise Authorization” or “RMA” number. You must package with the item the RMA number and a copy of the original Order information. We do not accept Markforged Products or Markforged Product components for which an RMA has not been issued. If You have a reseller, We may refer You to that reseller for assistance.

Condition. Products must be in the same condition in which they were received, undamaged (to the extent the item is not being submitted as a claim against the Exclusive Limited Warranty), and repacked in the original packaging.

Shipping. You must pack the Markforged Product or Markforged Product component to prevent damage in transit and insure the package for its value. You are responsible for damage or loss in transit. We recommend You use a shipping service that allows You to track the package. You are responsible for paying all shipping and insurance costs for the warranty, return, or exchange shipment, including, if applicable, taxes, duties, tariffs, and similar charges. For warranty claims: (a) if We determine that the Markforged Product or Markforged Product component is eligible for warranty coverage, We will ship the refurbished or replacement item back to You at Our expense; but (b) if We determine, in Our sole and absolute discretion, that the Markforged Product or Markforged Product component is not eligible for the warranty, We will return it to You at Your sole cost and expense and may require You to pay such costs prior to shipping. If You are seeking an exchange, You will also be responsible for all costs of shipping the new item to You and for any difference in price, plus any taxes, duties, tariffs, and similar charges. You should make yourself familiar with Your region’s customs policies and shipping providers.

Completion of Transaction. We will send You an email to notify You that We have received the item and whether Your request for warranty claim, return, or exchange has been approved. If Your warranty claim is approved, We will process Your warranty claim in accordance with the Exclusive Limited Warranty (e.g., a Warranty Repair, a Warranty Component Replacement, a Warranty Product Exchange, a Warranty Refund, or a Warranty Product Component Exchange), If a return is approved, a credit will be applied to Your credit card or original method of payment. We may charge a fee for missing or used accessories. For non-defective items, We charge a restocking fee equal to 10% of the original purchase price, which fee will be deducted from the amount of Your refund, or, if You have requested an exchange, You must pay the restocking fee before We will ship the replacement item. If an exchange is approved, We will ship the replacement item to You, after your payment of any applicable restocking and shipping fees and any difference in price, plus any taxes, duties, tariffs, and similar charges. When a Markforged Product or Markforged Product component is exchanged, any replacement item becomes Your property upon Our shipping such replacement item to You, and the replaced item becomes Our property upon our receipt of such item from You. You agree to follow Our instructions, including, if required, arranging for the return of the original Markforged Product or Markforged Product component to us in a timely manner. If We do not receive the original Markforged Product or Markforged Product component in a timely manner, We reserve the right: (a) to block the original Markforged Product or any Markforged Product associated with an exchanged Markforged Product component from accessing the Cloud Service; and/or (b) to decline any and all future Orders from You until the Markforged Product or Markforged Product component is returned to Us; and/or (c) to engage a collections agency for assistance, at Your sole expense.  When a credit is issued, the item to which the credit relates must first be received by Us before We will issue the credit.

 

11. YOUR ACCOUNT INFORMATION

Your Account Information. When placing an order, You agree to provide current, complete, and accurate purchase and account information. You agree to update your account and other information promptly, including Your mailing address, phone number, email address, and credit card numbers and expiration dates, so that We can complete your transaction(s) and contact You as needed.

Use of Your Data. You acknowledge and agree that it is necessary for Markforged to collect, to process, and to use the personal data that You provide to us when You place an Order. This personal data is required for us to perform Our obligations under these Terms, to process and to ship Orders, to communicate with You regarding Orders and other Products, Materials, and/or Professional Services in which We believe You may be interested, to perform administrative tasks, to fulfill Our legal and regulatory responsibilities, and to provide You with other similar service and support. You can learn more about Our Privacy Policy and exercise Your rights regarding Your personal data here.

 

12. INDEMNIFICATION

You agree to indemnify, defend, and hold harmless Markforged and its affiliates and their respective officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, and employees from and against any suits, claims, investigations, demands, allegations, actions, losses, damages, expenses, costs, settlement amounts, and any and all other liabilities, including without limitation reasonable attorneys’ fees and costs, arising out of or related to: (a) Your breach of these Terms, (b) any item produced by You using a Product; (c) Your violation of any law, rule, regulation, or guideline (including without limitation export control law); or (d) Your violation, misappropriation, or infringement of the rights of a third party.

 

13. THIRD PARTIES

Software and Tools. We may provide You with access to third-party software and/or tools that We do not monitor and over which have no control. You acknowledge and agree that We provide access to such software and tools “as is” and “as available” without any warranty, representation, or condition of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to Your access to or use of any third-party software or tool. Any use by You of optional software or tools offered through a Website is entirely at your own risk and discretion and You should ensure that You are familiar with and approve of the terms on which software and tools are made available or provided by the relevant third-party provider(s).

Links. Third-party links on Our Websites may direct You to third-party websites that are not affiliated with Markforged. We are not responsible for examining or evaluating the content or accuracy of any third-party website, and We do not warrant and will not have any liability or responsibility for any third-party content or website, or for any other content, product, or service of any third party.

Websites. We are not liable for any harm or damage related to any transaction for purchase of any Product or Materials, or any other transaction made, via any third-party website, including the protection or processing of any personal or sensitive data that You may provide to any third party. We assume no liability for the acts or omissions of any third-party common carriers engaged for shipping, whether engaged by Us or by You. Complaints, claims, concerns, or questions regarding third-party products and/or third-party transactions should be directed to the third party.

 

14. INTELLECTUAL PROPERTY

Protections. Products and Materials are protected by United States and international intellectual property rights protections, including without limitation trade secret, patent, and copyright laws. All rights not expressly granted herein to Our Products and Our Materials are reserved by Markforged. Likewise, all rights not expressly granted, in a signed writing between Us and You or in an agreement between the relevant Third-Party Supplier and You, to Third-Party Products, Third-Party Materials, or Third-Party Software are reserved by the relevant Third-Party Supplier. You gain no interest in or right to any Markforged or third-party intellectual property via these Terms or via Your purchase or use of Products or Materials. You acknowledge and agree that Markforged and its licensors own all right, title, and interest in and to all intellectual property that relates to Products and Materials and their use. 

Feedback. You may from time to time, make known to us suggestions, enhancement requests, techniques, know-how, comments, feedback, or other input with respect to Products or Materials (collectively, “Feedback”) and You hereby grant to Us a royalty-free, worldwide, irrevocable, fully-paid-up, perpetual license to use, to disclose, to distribute, to display publicly and to perform, to reproduce, to license and to sublicense, to create derivative works, to make and to have made, and otherwise to exploit any Feedback without restriction or obligation of any kind, on account of confidential information, intellectual property rights, or otherwise. We may incorporate into Products or Materials any service, product, technology, enhancement, documentation, or other development incorporating or derived from any Feedback.

Unlocking License. You hereby grant to Markforged and to authorized users of Products and Materials a fully-paid-up, royalty-free, worldwide, non-exclusive, irrevocable, transferable right and license in, under, and to any patents and copyrights enforceable in any country, issued to, obtained by, developed by, or acquired by You that incorporate, are derived from, and/or improve upon the intellectual property of Markforged; are developed using Markforged’s Cloud Service, Offline Software, Products, or Materials; and are applicable to Products, Materials, or software, or use. 

Your Marks. You agree that Markforged may use, on a Website and/or in printed embodiments, mark(s) and/or logos owned by You identifying You as a customer; the fact of Your purchase of a Product and Your being a Markforged customer are not confidential. Markforged will not use such mark(s) and/or logos in any way that is prejudicial to the protection of Your mark(s) or logos. Markforged acknowledges that Your mark(s), logos, and all goodwill associated with them are Your exclusive property, and undertakes to exercise commercially reasonable efforts to cease to use them within a reasonable time following Our receipt of Your written request.

 

15. ERRORS, INACCURACIES, AND OMISSIONS

Occasionally, there may be information on Websites or in Product documentation that contains typographical errors, inaccuracies, and/or omissions that may relate to Product and/or Materials and/or Professional Services descriptions, pricing, promotions, offers, shipping charges, transit times, or availability. We reserve the right, at any time and with or without prior notice (including after You have submitted Your Order), to correct any errors, inaccuracies, or omissions, and to change or to update information or to cancel Orders. Notwithstanding the foregoing, We undertake no obligation to update, to amend, or to clarify information on Websites or in Product documentation, including without limitation, pricing information, except as required by law. We are not responsible if information made available on Websites is not accurate, complete, or current. The material on Websites is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more-accurate, more-complete, or more-timely sources of information. Any reliance on the content on Websites is at Your own risk.

 

16. GENERAL

Entire Agreement. These Terms and the documents referenced herein constitute the entire agreement and understanding between You and Us regarding your purchase and use of Products and/or Materials. These Terms supersede any prior or contemporaneous agreements, communications, and proposals, whether oral or written, between You and Us (including, but not limited to, any prior version of these Terms). We object to and reject any additional or different terms proposed by You, including those contained in Your purchase order or other ordering document, acceptance, or website. Our failure to object to any provision of any subsequent document, communication, or act of Yours shall not be deemed a waiver of any of the terms hereof. Your decision to purchase a Product or Materials is neither contingent upon the delivery of any future functionality or features of the Product or Materials nor dependent on any oral or written public comments made by us (including without limitation on Websites) regarding future functionality or features. Any ambiguities in the interpretation of these Terms shall not be construed against the drafting party.

Notices. Markforged may send You information about Products, Materials, any information We are required to provide to You by law, and certain other additional information. Markforged may provide required information to You by email at the address You provided when You placed an Order, or such other email address used by You in connection with a Markforged account. Notices emailed to You will be deemed given and received when the email is sent. You must provide legal notices to Markforged via email to legal@Markforged.com, with a duplicate copy sent via registered mail, return receipt requested, to the following address: Markforged, Inc. Attn: Legal, 60 Tower Road, Waltham, MA, USA 02457. Any such notice, in either case, must specifically reference that it is a notice given under these Terms.

Headings and Language. The section headings used in these Terms are for convenience only and will not be given substantive effect. The words “includes'' or “including” mean “including but not limited to” or “include but are not limited to.” The English language version of these Terms is legally binding in case of any inconsistencies between the English version and any translations. The parties confirm that it is their wish that these Terms, as well as other documents relating hereto, including notices, have been and will be written in the English language only.  

Basis Of the Bargain. You agree that the releases, waivers, exclusive limited warranty, and limitations of liability in these Terms are a fundamental basis of the bargain between You and Markforged, and are a material part of the consideration received by Markforged for entering into these Terms with You and providing You with Products and/or Materials, and that Markforged would not have entered into these Terms or provided You with Products and/or Materials in the absence of such releases, waivers, exclusive limited warranty, and limitations of liability. You and Markforged agree that the disclaimers and limitations of liability set forth herein are reasonable in light of the fees paid for Products and/or Materials.

Waiver. Our failure to exercise or to enforce any right or provision of these Terms shall not constitute Our waiver of such right or provision.

Force Majeure. Neither party shall be responsible or have any liability for any delay or failure to perform to the extent resulting from unforeseen circumstances beyond its reasonable control, including, without limitation, acts of God; earthquake; fire; flood; embargo; strike; pandemic; lockout or other labor disturbance; civil unrest; failure, unavailability, or delay of any supplier or licensor; riot; terrorism or terrorist acts; war; failure or interruption of the Internet or third-party Internet connection(s) or infrastructure; power failure; act of civil or military authority; and severe weather. The affected party will give the other party prompt written notice (when possible) of the failure to perform and use its reasonable efforts to limit the resulting delay in its performance. 

Relationship of the Parties. We and You agree that no joint venture, partnership, employment, or agency relationship exists between us as a result of these Terms and that We are acting as an independent contractor only. ​​Neither party will have the authority to obligate or to bind the other party in any manner, and no provision of these Terms gives rise to, or is intended to give rise to, any right of any kind to any third party. Neither party will represent to the contrary, either expressly, implicitly, or otherwise.

Severability. If any part of these Terms, including, but not limited to, the warranty disclaimers and liability limitations set forth above, is determined by a court of competent jurisdiction to be invalid or unenforceable, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision so that the terms shall remain in full force and effect, and the remainder of these Terms shall continue in full force and effect.

Assignment. You will not assign or transfer Your rights or obligations under these Terms, including any assignment or transfer by operation of law or otherwise, without Our express prior written consent. We may freely without Your prior consent: (a) assign these Terms, including without limitation to a successor in a merger, acquisition, or other change of control, including without limitation the sale of all or substantially all of Our assets, stock, or business to which these Terms relate; and (b) delegate Our obligations under these Terms.

No Third-Party Beneficiaries. These Terms shall not be interpreted or construed to confer any rights or remedies on or to any third party.

Survival. Sections 2 (“Definitions”), 5 (“Restrictions on Use and Legal Compliance”), 6 (“Export”), 7 (“Exclusive Limited Warranty”), 8 (“Disclaimers of Warranty; Limitation of Liability”), 12 (“Indemnification”), 13 (“Third Parties”), 14 (“Intellectual Property”), 15 (“Errors, Inaccuracies, and Omissions”), and 16 (“General”) of these Terms, as well as any other provision that, in order to give proper effect to its intent, should survive such expiration or termination, will survive the expiration or earlier termination of these Terms.

Governing Law and Venue. These Terms shall be governed by the laws of the Commonwealth of Massachusetts, without regard to the conflict of laws provisions thereof. In no event shall either the United Nations Convention on Contracts for the International Sale of Goods or any adopted version of the Uniform Computer Information Transactions Act apply to or govern these Terms.  Any and all disputes arising out of or related to these Terms or performance hereof shall be brought exclusively in the Federal or state courts in Boston, Massachusetts and the parties hereby waive any objection thereto.

Jury Trial Waiver. Each party hereby waives any right to a jury trial in connection with any and all disputes arising out of or related to these Terms. 

Limitation on Claims. Notwithstanding any law providing a longer statute of limitations, any claim or cause of action arising out of or related to these Terms and/or Your use of Products or Materials must be filed within one year after such claim or cause of action arose, without regard to the date such claim or cause of action was discovered; otherwise, such claim or cause of action shall be forever barred.