Hydra Research HydraCare Terms of Service
Thank you for purchasing the Hydra Research HydraCare or HydraCare+ (the “Plan”) for your Hydra Research Nautilus 3D printer (the “Product”). The Plan is governed by the following agreement (the “Agreement”) between Hydra Research, LLC. (“Hydra Research”) and you (“Customer” or “you”).
The goal of this Plan is to help you use your Product most successfully and minimize any downtime you might have using the products you purchase from us. The Plan provides you with additional services above and beyond the standard warranty provided by Hydra Research for its products. These terms and conditions apply to both HydraCare and HydraCare+ service plans, with the exception of section 6, which applies exclusively to HydraCare+ plans. The Plan does not extend, replace, or change the terms and conditions of Hydra Research; standard warranty that accompanies the Product or the terms and conditions of Hydra Research; Extended Warranty that may be purchased.
2. Eligibility and Coverage Period
At its sole discretion, Hydra Research may choose to offer, extend, or renew the Plan from time-to-time and on a case-by-case basis. the Plan is offered for a specific identified Product and begins either when the Plan is purchased or when the Product is shipped by Hydra Research to you, whichever is later (“Coverage Start Date”). The Plan continues for one or two years from the Coverage Start Date, depending on the Plan purchased, unless otherwise renewed or extended, (the “Coverage Period”).
Except for Replacement Units, as discussed below, each Plan covers a specific Product and may not be transferred to another Product or to another Customer. The plan may not be resold and is non-transferable and non-refundable, unless the Product is returned in accordance with Hydra Research Return Policy, in which case the cost of the plan is also refundable.
4. Priority Customer Service
Customers under the plan will receive priority access to Hydra Research Customer Support (“Support”) during the Coverage Period. Under the plan, Hydra Research will make reasonable commercial efforts to provide a response to requests for support made by you within 1 business day. (Business hours are 9:30 AM to 5:30 PM Pacific Time, excluding weekends and U.S. Federal holidays.) Support requests under the plan must be made as directed at HydraResearch3d.com/contact, which may be amended from time-to-time without prior notice.
5. Customer Service by Phone
Customers under the plan may contact Support via telephone with support requests (“Hotline Support”) during Hydra Research Customer Support’s operating hours. Telephone numbers, operating hours, and directions may be found at HydraResearch3d.com/contact and may be amended from time-to-time without prior notice. Hydra Research is not responsible for any international or long-distance fees or service charges you may incur by using Hotline Support. Hotline Support may be limited to calls of reasonable length and frequency.
Section 6 applies to HydraCare+ service plans only.
6.1 Video Conference Appointments
In addition to telephone calls to Customer Support, Customers under the plan may contact Support to schedule one video conference appointment during operating hours and subject to availability, to receive support (“Video Conference Appointment”). Video Conference Appointment requests should be made as directed to support@HydraResearch3d.com. Video Conference Appointment may be subject to change based on availability and may be limited to a reasonable length. Hydra Research will initiate Video Conference Appointment by placing a video conference call within the continental United States to a video conference system provided by the Customer.
6.2 “Hot Swap” Service
A. If Support determines that repair may be needed for your Product, and that mail-in service is appropriate, Hydra Research will dispatch a new or refurbished Replacement Product with the same or improved specification as your original Product. Hydra Research will dispatch the Replacement Product by standard courier and will make reasonable commercial efforts to ensure that such replacements are dispatched as soon as possible.
B. Upon receipt of the Replacement Product, you must return the original Product to Hydra Research. The original Product must be properly packaged for shipment as instructed by Hydra Research using the same packaging as the Replacement Product arrived in or the product’s original packaging.
C. If the returned Product requires repairs not covered under the standard warranty or the $200 (or negotiated amount in the case of HydraCare+) replacement parts credit, has been damaged as a result of failure to follow packaging instructions, or if the Product is no longer within the standard warranty period, you shall be responsible for the reasonable costs, including shipping, to make any out-of-warranty repairs to the returned Product, but in no event more than the full retail price of the Product. Service under this Agreement shall be suspended until any such charges are paid in full. If the original product is not returned within seven business days, Hydra Research will charge you the full retail price of the Product.
D. Any Replacement Unit provided by Hydra Research under the plan shall be covered by the plan for the remaining Coverage Period of the original Product.
Hydra Research, at its sole discretion, may terminate this Agreement and refuse to provide further services under the plan for abusive, inappropriate, or unreasonable behavior; failure to comply with Hydra Research’ published policies and procedures; or failure to pay outstanding charges due under this Agreement. In the event that Hydra Research terminates your participation in the plan, Hydra Research may provide you with a prorated refund at its sole discretion.
8. Disclaimers and Limitations on Liability
A. TO THE EXTENT PERMITTED BY LAW, HYDRA RESEARCH SHALL NOT BE RESPONSIBLE FOR DIRECT, INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES RESULTING FROM ANY BREACH OR CONDITION OR ANY OTHER REASON, OR UNDER ANY OTHER LEGAL THEORY, INCLUDING BUT NOT LIMITED TO 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, COMPROMISE, OR CORRUPTION OF DATA; OR ANY INDIRECT OR CONSEQUENTIAL LOSS OR DAMAGE HOWSOEVER CAUSED, INCLUDING THE REPLACEMENT OF EQUIPMENT AND PROPERTY, ANY COSTS OF RECOVERING, PROGRAMMING, OR REPRODUCING ANY PROGRAM OR DATA STORED OR USED WITH HYDRA RESEARCH PRODUCTS AND ANY FAILURE TO MAINTAIN THE CONFIDENTIALITY OF DATA STORED ON THE PRODUCT. TO THE MAXIMUM EXTENT PERMITTED BY LAW, HYDRA RESEARCH’S AGGREGATE CUMULATIVE LIABILITY HEREUNDER SHALL NOT EXCEED THE GREATER OF FIFTY DOLLARS ($50.00) OR THE AMOUNT PAID BY YOU FOR THE PRODUCT THAT CAUSED SUCH DAMAGE.
B. THE FOREGOING LIMITATION SHALL NOT APPLY TO DEATH OR PERSONAL INJURY CLAIMS, OR ANY STATUTORY LIABILITY FOR INTENTIONAL AND GROSS NEGLIGENT ACTS AND/OR OMISSIONS. SOME STATES, COUNTRIES, AND PROVINCES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. SOME COUNTRIES, REGIONS, STATES OR PROVINCES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF REMEDIES OR OF INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES, OR THE APPLICABLE TIME PERIODS, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY. EXCEPT TO THE EXTENT LAWFULLY PERMITTED, THE PLAN DOES NOT EXCLUDE, RESTRICT OR MODIFY STATUTORY RIGHTS APPLICABLE TO WHERE THE PRODUCT IS SOLD BUT, RATHER, IS IN ADDITION TO THESE RIGHTS.
C. Force Majeure. Hydra Research shall not be liable for any failure of or delay in the performance of this Agreement for the period that such failure or delay is due to causes beyond its reasonable control, including but not limited to acts of God, war, strikes or labor disputes, embargoes, government orders or any other force majeure event.
9. Enforcement and Entire Agreement
This Agreement shall be governed by the laws of the State of Oregon, without regard to Oregon’s conflict of laws rules. Any controversy or claim arising out of or relating to this contract, or the breach thereof, shall be settled by arbitration administered by the American Arbitration Association under its Commercial Arbitration Rules, and judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. In the event that any provision of this Agreement conflicts with governing law or if any provision is held to be null, void or otherwise ineffective or invalid by a court of competent jurisdiction, (a) such provision shall be deemed to be restated to reflect as nearly as possible the original intentions of the parties in accordance with applicable law, and (b) the remaining terms, provisions, covenants and restrictions of this Agreement shall remain in full force and effect. No waiver or any breach of any provision of this Agreement shall constitute a waiver of any prior, concurrent or subsequent breach of the same or any other provisions hereof, and no waiver shall be effective unless made in writing and signed by an authorized representative of the waiving party. This Agreement and all expressly referenced documents constitute the entire agreement between the parties with respect to the subject matter hereof and supersedes all prior and contemporaneous agreements or communications, including any reseller or similar agreements previously executed by the parties.