4D SYSTEMS TERMS AND CONDITIONS
Customer Acknowledgement. The Customer acknowledges agreement with these Terms and Conditions of Sale by the placement of an order to purchase product from 4D Systems Pty Ltd. 4D Systems Pty Ltd is the trading name of 4D Systems Pty Ltd. This contract of sale is between the entity named on the invoice (the "Customer") and 4D Systems Pty. Ltd. All goods are supplied on these terms and conditions only and no person in the employment or otherwise as agent for 4D Systems has any authority to supply goods on any other terms and conditions or to vary these terms and conditions in any way whatsoever. Previous dealings shall not vary or negate these terms and conditions in any respect. Customer agrees to ensure that all personal and financial details that are provided to 4D Systems are correct. Customer accepts responsibility to ensure that the credit/debit card provided for payment is their own, that the details supplied are correct, and that you have sufficient funds to cover the cost of goods ordered. 4D Systems accepts no responsibility for any omissions or errors, and we reserve the right to change any or all information that relates to listing products or services. It is an illegal act to purchase goods using a false name or a known invalid credit/debit card. Any individual, group, association or company that is found to willingly enter false details to their order information will be subject to prosecution under the full extent of the law. 4D Systems reserves the right to update or amend these Terms and Conditions at any time they so wish. All purchases made will come under the Terms and Conditions that were applicable at the time the order is placed. It is your responsibility to check the Terms and Conditions prior to the placement of each order to ensure that you agree to any amendments that have been made prior to you placing your order. These Terms and Conditions supersede any previous Terms and Conditions.
All sales made in the State of New South Wales, Australia. All sales shall be deemed made in the state of New South Wales, Australia regardless of the location of the Customer. The Customer agrees that any dispute with 4D Systems Pty Ltd shall be brought by the Customer exclusively in the state or federal courts situated in the State of New South Wales, Australia.
Payment. The price shall be paid by the Customer in full without any deduction in respect of any claimed set-off or counterclaim (including any such set-off or counterclaim on account of any delay on the part of 4D Systems in delivering any part of the goods) on or before the payment date. At the sole discretion of 4D Systems can put the Customer account credit on hold and suspend the supply of goods and services.
General. 4D Systems warrants that it has good title to all products it sells. In the event any section or portion of a section of these Terms and Conditions of Sale are deemed unlawful or unenforceable, that section or portion of a section shall be stricken from the Terms and Conditions of Sale, and the remaining terms shall continue in full force and effect.
Title of Goods. The goods shall remain the sole and absolute property of 4D Systems as legal and equitable owner and the Customer shall hold such goods as bailee only until such time as the Customer shall have paid the full price. The Customer shall be liable to 4D Systems in respect of any loss or damage to the goods during such bailment. Return Policy. 4D Systems will gladly refund or credit goods returned within a 7 day period from the time of purchase provided the goods are in original condition, original packaging, current version and not a special order, hardware, peripheral or clearance item. Otherwise, we will make our best effort to arrange for exchange or accept the goods back for resale.
Errors and Omissions. 4D Systems makes no representations about the suitability of this information; it is provided "as is" without warranty of any kind. If an error is made or a product is listed at an incorrect price, 4D Systems shall maintain the right to refuse or cancel any orders placed. If the order has been confirmed and charged to your credit card, 4D Systems shall immediately issue a refund.
Warranty Information. All products sold by 4D Systems are covered by 90 days manufacturers' warranty that accompanies the product unless otherwise stated. 4D Systems makes no additional or independent warranty. 4D Systems does not warrant the performance, compatibility, integrity, merchantability and fitness for a particular purpose of any product, but merely passes through to the Customer whatever end-user warranty the manufacturers or software publishers provide with their respective products. In case of malfunctioning or damaged products customer will observe the following RMA procedure: 1) Customer has 90 days manufacturer’s warranty from time of possession of Products. 2) If customer reports that a 4D Systems product is not working properly, customer will collect all relevant information about the malfunction and share this information with 4D Systems’ technical support team. 3) Based on information provided by customer, 4D Systems shall determine whether the Product(s) can be repaired and whether it can be repaired under warranty. 4) If the Product(s) can be repaired under warranty, and this cannot be done remotely, 4D Systems will provide customer with an RMA number and ask the customer to ship back the malfunctioning item(s) for repair or replacement. 5) Customer must send back all the malfunctioning units with the RMA number(s) clearly visible on the packaging. Packages without visible RMA numbers on the packaging will not be accepted. 6) After examining and testing the returned item(s) 4D Systems will either repair or replace the item(s) to customer at its cost and earliest convenience, but no longer than 30 days after receiving the package.
Limitations of Liability. 4D Systems Pty Ltd shall under no circumstances be liable for special, incidental, or consequential damages including loss of profit or opportunity, even if it has been advised of the possibility of such damages: the maximum liability for all direct damages, if any, arising out of any action shall be limited to an amount not to exceed the purchase price of the product. Subject to any applicable Commonwealth or State Legislation, 4D Systems Pty Ltd's liability for any such breach shall be limited, at its sole discretion, to any of the following: Replacement of the goods or any part thereof; Supply of equivalent goods or any part thereof; Repair of the goods or any part thereof; Payment of the cost of replacing the goods or acquiring equivalent goods or any part thereof; The payment of the cost of having the goods or any part thereof repaired; or Refund of the goods upon return. Governing Law. This Agreement shall be deemed to be negotiated and executed in Sydney, New South Wales, Australia, and shall be governed by the substantive laws of the State of New South Wales and the Commonwealth of Australia.
Indemnification. Customer agrees to indemnify and hold 4D Systems, its Board of Directors, Officers, Employees (collectively and individually) harmless from any and all claims, demands, actions, damages and liabilities, which arise out of or in any manner related to customers failure of performance hereunder. Additionally, In no event shall 4D Systems be liable to the customer or to any third party for any indirect, incidental, special, consequential, punitive or exemplary damages (including without limitation lost profits, lost savings, or loss of business opportunity) arising out of or relating to any product or service provided or to be provided by 4D Systems, or the use or inability to use the same, even if 4D Systems has been advised of the possibility of such damages.
4D Systems shall have no liability for infringement claims of any kind arising from: (i) modifications of these 4D Systems Products other than by 4D Systems; (ii) use of these Products in combination with non-4D Systems software or hardware if a claim would not have occurred but for that combination; (iii) failure to use updated or modified versions of these Products provided by 4D Systems to avoid infringement. Use of 4D Systems’ devices in life support and/or safety applications is entirely at the Customers risk, and the Cusotmer agrees to defend, indemnify and hold harmless 4D Systems from any and all damages, claims, suits, or expenses resulting from such use. No licenses are conveyed, implicitly or otherwise, under any 4D Systems intellectual property rights.
Limited Warranty. 4D Systems makes no warranty, either express or implied with respect to any product, and specifically disclaims all other warranties, including, without limitation, warranties for merchantability, non- infringement and fitness for any particular purpose.

Force Majeure. Neither party will be responsible for any failure or delay in its performance under this Agreement due to causes beyond its reasonable control, including, but not limited to, labor disputes; strikes; lockouts; shortages of or an inability to obtain qualified labor, energy, raw material or finished supplies; war; riot; acts of God or the public enemy; and governmental actions.