fila3D – General Terms and Conditions of Sale and Services

fila3D offers, among other things:

• The sale of filaments and other 3D printing materials;
• The sale of 3D printers, parts and accessories;
• Diagnostics, repairs and maintenance of 3D printers;
• On-demand 3D printing;
• Series production through its print farm;
• Design, modification or preparation of files when expressly included in the service;
• Training and technical support;
• Rental of printers or other equipment;
• Customized services for businesses, educational institutions and other organizations.

The exact scope of the services provided is defined in the quotation, work order, purchase order or any other written confirmation issued by fila3D.

Unless otherwise indicated, a quotation is valid for the period specified in it.

Any modification requested after acceptance of a quotation may result in adjustments to the price, quantities, materials used and production timelines.

If a project changes significantly after its initial approval, fila3D may suspend work in order to provide the customer with a revised estimate.

Additional work will only be performed with the customer’s authorization when such authorization is required.

All prices are expressed in Canadian dollars unless otherwise indicated.

Applicable taxes, shipping fees, preparation fees, travel expenses and other related charges may be added to the displayed or quoted price.

The applicable price is the price confirmed to the customer at the time the transaction is concluded, subject to rights provided by applicable laws.

For customized projects, pricing may depend on factors including:

• Printing time;
• Amount of material used;
• Type of material;
• Number of parts;
• File preparation time;
• Finishing operations;
• Level of complexity;
• Requested deadlines;
• Specific production or quality control requirements.

Payment terms are those specified at the time of purchase, in the quotation or on the invoice.

fila3D may require a deposit or full payment before:

• Ordering a product specifically for a customer;
• Beginning customized production;
• Reserving significant production capacity;
• Performing design work or preparing files;
• Conducting a training session;
• Undertaking any other work requiring a significant advance commitment of resources.

For commercial, institutional or organizational customers with approved credit terms, invoices are payable according to the conditions agreed upon with fila3D.

Overdue amounts may bear interest at the rate specified on the invoice or in the applicable agreement, within the limits permitted by law.

An order involving a product manufactured, modified, specially ordered or customized for a customer may not be eligible for return or cancellation solely because the customer has changed their mind.

The same applies to 3D printing production that has already begun or for which materials have been specifically committed.

However, this provision does not limit consumer rights when applicable law grants a right of cancellation, contract termination, replacement, repair or refund.

The Return, Exchange and Refund Policy communicated at the time of purchase forms part of the terms of the transaction.

Products must meet fila3D’s applicable return conditions, particularly regarding their condition, packaging and proof of purchase, where such requirements apply.

Products that have been used, damaged after delivery or are no longer in a condition suitable for resale may be excluded from returns due to a change of mind.

Customized orders and 3D prints manufactured according to the customer’s specifications are generally considered final sales once production has begun.

These restrictions do not apply when doing so would deprive a consumer of a mandatory right or remedy provided by law.

Orders placed online, by telephone or through other remote means are subject to the applicable Quebec rules governing distance contracts when those rules apply to the transaction.

fila3D provides customers with the information required for the transaction before it is concluded, including information about the products or services, pricing, applicable fees and delivery terms.

Cancellation and refund rights provided by law for distance contracts remain fully applicable.

Delivery and production timelines provided by fila3D are estimates unless a firm date has been expressly agreed upon.

fila3D takes reasonable measures to meet announced timelines. However, these timelines may be affected by circumstances beyond its control, including:

• Delays caused by a manufacturer or carrier;
• Unexpected inventory shortages;
• Supply delays;
• Equipment breakdowns;
• Service interruptions;
• Force majeure events.

When applicable consumer protection rules provide a right to cancel due to delayed delivery, those rules take precedence over these Terms and Conditions.

The customer must provide a complete and accurate shipping address.

Products sold or rented to consumers are covered by the warranties provided under applicable laws, including legal warranties relating to normal use, reasonable durability, conformity and hidden defects, where applicable.

These warranties apply independently of any warranty offered by the manufacturer.

Certain products may also be covered by a manufacturer’s warranty. The terms, exclusions and duration of that warranty are determined by the manufacturer.

When fila3D acts as a service centre or intermediary under a manufacturer’s warranty, coverage for parts, labour, shipping and other expenses depends on the applicable warranty program.

Any costs not covered by the manufacturer will be communicated to the customer when the customer is responsible for those costs.

Nothing in these Terms and Conditions excludes a legal warranty that cannot be waived by contract.

Customers are responsible for verifying that the filaments, materials, parts, accessories or equipment purchased are suitable for their printer, intended use and operating conditions.

When fila3D makes a recommendation, it is based on the information provided by the customer and the specifications known at the time of the recommendation.

Filament performance may vary depending on several factors, including:

• Printer model;
• Printing settings;
• Temperature;
• Humidity;
• Filament drying;
• Printer condition;
• Nozzle used;
• Build plate;
• Slicing software;
• Part geometry.

A result that differs from one obtained using another material or configuration does not automatically constitute a product defect.

Any equipment entrusted to fila3D may undergo a diagnostic assessment before a repair is proposed.

Diagnostic fees may apply, including when:

• The customer declines the proposed repair;
• No repair is ultimately performed;
• The repair is not economically advisable;
• The reported issue cannot be reproduced;
• The issue is not covered by the manufacturer’s warranty.

Applicable fees are communicated according to the terms in effect at the time of service.

An initial estimate may be revised if an additional issue is discovered during disassembly or repair. fila3D will contact the customer before performing additional work requiring authorization.

The customer must inform fila3D of any known issues that may affect the safety of the equipment or technician, including electrical modifications, previous repairs, short circuits, overheating, the use of non-compliant parts or any other significant modifications.

fila3D may refuse or discontinue a repair if the condition of the equipment presents a safety risk or makes the intervention unreasonable.

When a device has previously been modified, disassembled or repaired by the customer or a third party, fila3D cannot be held responsible for pre-existing problems attributable to those interventions.

A repair, update, reset or component replacement may result in the loss of settings, files, profiles, network configurations or other data stored on a device.

Where possible, the customer is responsible for keeping a backup of important data and configurations before submitting equipment to fila3D.

fila3D takes reasonable precautions during its interventions but does not guarantee the preservation of data that is not directly required for the repair.

This provision does not limit any liability that cannot legally be excluded.

Customers must retrieve their equipment within a reasonable period after being informed that the work has been completed or that the device is ready for pickup.

fila3D may charge reasonable storage fees when equipment remains on its premises for an extended period following notices sent to the customer, provided those fees were previously communicated or agreed upon.

Any subsequent handling or disposition of unclaimed property must comply with applicable laws. Equipment left with fila3D does not automatically become the property of fila3D.

The customer is responsible for verifying the functional requirements of the parts ordered.

3D printing is a manufacturing process with inherent characteristics. Depending on the material, geometry and process used, a part may exhibit:

• Visible layer lines;
• Support marks;
• Minor surface variations;
• Colour variations between different material batches;
• Minor dimensional variations;
• Shrinkage or warping;
• Minor differences between multiple units in the same production run.

These characteristics do not necessarily constitute manufacturing defects.

When precise dimensions, tolerances, mechanical properties, colours or surface finishes are essential to a project, the customer must specify them before production begins.

fila3D may recommend producing a prototype or sample before proceeding with series production.

When a prototype, sample or production proof is submitted to the customer for approval, that approval constitutes authorization to proceed with production according to the characteristics presented.

Any modification requested after approval may result in additional fees and changes to production timelines.

fila3D remains responsible for manufacturing parts in accordance with the agreed specifications, subject to the tolerances and inherent characteristics of the accepted manufacturing process.

Unless otherwise specifically agreed upon in writing, parts produced by fila3D are not certified for use in:

• Medical applications;
• Aeronautical applications;
• Safety-critical automotive applications;
• Food-related applications requiring compliance with specific standards;
• Electrical applications requiring certification;
• Personal protective equipment;
• Safety-critical structural applications;
• Any other regulated application or application that may present a significant health or safety risk.

Customers must inform fila3D before placing an order if a part is intended for a regulated or critical application.

A part intended for prototyping must not be assumed to be suitable for end use simply because it reproduces the requested geometry.

Customers are responsible for the accuracy of the files, dimensions, 3D models, drawings, plans and other information they provide to fila3D.

fila3D is not responsible for production errors directly resulting from errors in files approved by the customer or supplied as production-ready, unless fila3D has expressly agreed to verify the relevant element.

Additional fees may apply when a file must be corrected or modified to make it suitable for manufacturing.

The customer warrants that they possess the necessary rights to use, reproduce and have manufactured the files, models, logos, characters, parts, drawings or other materials submitted to fila3D.

Customers must not request that fila3D reproduce an object in violation of any copyright, trademark, patent, industrial design right or other intellectual property right belonging to a third party.

fila3D may refuse an order when it has reasonable grounds to believe that the requested manufacturing could infringe upon a third party’s rights or violate applicable laws.

When fila3D creates a model, file or design for a customer, the associated usage or ownership rights are determined by the quotation or applicable agreement.

Unless an assignment of rights is made in writing, payment for design services must not automatically be interpreted as a transfer of all of fila3D’s intellectual property rights.

fila3D treats as confidential any files and technical information received in connection with a project that, by their nature or under the circumstances, should reasonably be considered confidential.

These files may be used by team members and suppliers involved in completing the project, to the extent necessary to provide the service.

When a project requires a particular level of confidentiality or the signing of a non-disclosure agreement, the customer must inform fila3D before providing the relevant information.

fila3D will not intentionally publish a confidential file, prototype or part clearly identified as confidential for the purpose of promoting its services.

For non-confidential commercial projects, any identifiable use of a customer’s project for portfolio, photography or communication purposes may be subject to separate authorization where appropriate.

The content and duration of a training session are those described in the proposal or registration confirmation.

When training takes place at the customer’s premises, the customer or institution is responsible for providing a suitable environment and the equipment, facilities or access agreed upon.

Participants must follow safety instructions and the trainer’s directions.

fila3D may interrupt an activity when a situation presents a risk to the safety of participants or equipment.

Cancellation or rescheduling conditions for training sessions are those indicated in the quotation or at the time of registration, subject to any mandatory consumer rights that may apply.

When equipment is rented, the customer must:

• Use it in accordance with the instructions provided;
• Take reasonable care of it;
• Not modify it without authorization;
• Not perform or arrange unauthorized repairs;
• Comply with usage restrictions;
• Return it on the agreed date and in the agreed condition.

The customer may be responsible for reasonable costs related to loss or damage resulting from misuse, negligence or unauthorized modifications.

Normal wear and tear is not considered damage.

Specific terms relating to deposits, transportation, returns, delays and liability are detailed in the rental agreement.

When a customer acts for commercial, institutional or professional purposes, the terms set out in a quotation, master agreement, service agreement or purchase order may supplement or replace certain provisions of these Terms and Conditions.

In the event of a conflict, the written agreement specific to the project takes precedence, except for provisions that cannot legally be waived or modified by contract.

The customer must provide, in a timely manner, the information, files, access, authorizations and decisions necessary to complete the project.

fila3D cannot be held responsible for delays directly resulting from the customer’s failure to provide the required elements.

Production timelines may be recalculated when a project is suspended while awaiting a decision or information from the customer.

To the extent permitted by law, fila3D is not responsible for damages resulting from:

• Use of a product contrary to the manufacturer’s instructions;
• Modifications made by the customer or a third party;
• Improper installation not performed by fila3D;
• Use of incompatible materials;
• Incorrect files or specifications provided by the customer;
• Use of a part outside the intended application declared at the time of manufacturing;
• A pre-existing defect or problem affecting equipment submitted for repair;
• An event beyond fila3D’s reasonable control.

However, nothing in these Terms and Conditions is intended to exclude or limit liability when such exclusion or limitation is prohibited by law, including in cases of intentional or gross fault or in respect of damages for which a limitation of liability is prohibited by law.

fila3D undertakes to provide its services with care and in accordance with reasonable industry practices.

Unless specifically agreed upon in writing, fila3D does not guarantee that a prototype will achieve a particular commercial, technical or industrial objective that has not been expressly defined and validated as part of the project.

Technical recommendations are based on the information available at the time they are provided and on the intended use disclosed by the customer.

fila3D may refuse or suspend an order or service when reasonable grounds exist, including:

• A safety risk;
• Illegal use;
• Potential infringement of third-party rights;
• Technical impossibility of completing the project;
• Non-payment of overdue amounts;
• Failure to comply with an agreement;
• Abusive conduct toward members of its team.

The customer’s rights regarding amounts already paid will then be determined based on the work actually performed, commitments already incurred and applicable laws.

fila3D cannot be held responsible for a failure or delay resulting from an event beyond its reasonable control, including a major breakdown, fire, natural disaster, network outage, unexpected supplier unavailability or an event recognized as force majeure under applicable law.

fila3D will take reasonable measures to minimize the impact of the situation and resume performing its obligations as soon as reasonably possible.

fila3D collects and uses the personal information necessary for its business activities in accordance with applicable privacy laws.

Personal information may be collected for purposes including:

• Processing an order;
• Communicating with a customer;
• Arranging delivery;
• Managing a repair;
• Providing technical support;
• Administering a warranty;
• Issuing an invoice;
• Complying with fila3D’s legal obligations.

fila3D’s detailed personal information practices are described in its Privacy Policy.

The customer agrees that communications necessary to fulfill an order or provide a service may be sent electronically, including confirmations, quotations, invoices, repair updates and order-related notices.

Commercial or promotional communications are handled in accordance with applicable legal requirements.

fila3D may modify these Terms and Conditions for future transactions.

The version applicable to a transaction is the version in effect when the contract was concluded, unless a subsequent modification is expressly accepted by the parties or required by law.

If any provision of these Terms and Conditions is declared invalid, illegal or unenforceable, the remaining provisions shall remain in effect to the extent permitted by law.

These Terms and Conditions are governed by the laws applicable in the province of Quebec and the federal laws of Canada applicable therein.

For consumers, any provision concerning the competent court or applicable jurisdiction must be interpreted in accordance with the rights granted to them by law.

For commercial contracts not subject to mandatory consumer protection rules, the parties agree that the courts of the judicial district corresponding to fila3D’s principal place of business in Quebec shall have jurisdiction, unless otherwise agreed upon in writing.

These Terms and Conditions must be interpreted in a manner consistent with applicable laws.

If any provision grants the customer fewer rights than those mandatorily provided by law, the applicable legal provision shall prevail without invalidating the remainder of these Terms and Conditions.

For any questions concerning an order, product, repair or these Terms and Conditions:

fila3D (9434-6186 Quebec Inc.)
1522 Saint-Charles Boulevard
Drummondville, Quebec J2C 4Z5

Phone: 1-888-499-9299
Email: [email protected]

Make a good impression with fila3D!