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Does using your filament void my printer’s warranty?

The Use of Non-OEM Supplies Does Not Void Your 3D Printer Warranty!

Federal law guarantees you are free to use the supplies of your choice for your printer without worrying about voiding the warranty.
The MAGNUSON-MOSS WARRANTY IMPROVEMENT ACT OF 1975 (15 USC 2301) prohibits a printer manufacturer from conditioning the warranty on the use of a particular brand of supplies. The applicable provision of the Act states: “No warrantor of a consumer product may condition his written or implied warranty of such product on the consumer’s
using, in connection with such product, any article or service (other than [an]article or service provided without charge under the terms of the warranty) which is identified by brand, trade or corporate name.”

You are free to use whatever brand of supplies you believe best suits your 3D printing needs without fear of having the OEM’s warranty voided. However, if the non-OEM supplies you choose damages the 3D printer, then the OEM could legally refuse to repair the 3D printer pursuant to the warranty if the OEM can establish the damage was specifically caused by the non-OEM supplies.

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Terms & Conditions of Purchase

  1. These Purchase Order General Terms and Conditions (the “Purchase Terms”) are incorporated into this purchase order (“Purchase Order”) and shall be deemed accepted by Supplier’s commencement of performance, shipment of products or other indication of agreement, whichever occurs first. As used throughout this Purchase Order, the following terms shall have the meanings set forth below.
  • “Buyer” means the party contracting with Supplier for Products and identified as the purchasing entity on the face of this Purchase Order.
  • “Products” means the product supplied by Supplier under this Purchase Order, including without limitation, all components and raw materials.
  • “Supplier” means the party contracting to perform the work hereunder.
  • “Supply Agreement” means any supply agreement entered into between Supplier and Buyer with respect to the Products.
  1. Complete Agreement. Unless the parties have entered into a Supply Agreement, this Purchase Order, including the Purchase Terms, constitutes the entire agreement between the parties regarding the subject matter of this Purchase Order and supersedes all prior agreement promises and statements, whether written or oral. If the parties have entered into a Supply Agreement, this Purchase Order, including the Purchase Terms, shall be subject to the terms of the Supply Agreement. Supplier’s quotation (if any) is incorporated in and made a part of this Purchase Order only to the extent of specifying the nature and description of the Products ordered and then only to the extent that such items are consistent with the other terms of this Purchase Order. No other terms or conditions shall be binding upon Buyer unless expressly accepted by it in writing. No changes in specifications existing in writing or by custom or usage covering items appearing in the Purchase Order may be made without the written permission of Buyer.
  2. Certificates of Analysis/Inspection/Nonconformance.
  • Unless otherwise expressly stated in a Supply Agreement, a validated test report must accompany all shipments made against each item of this Purchase Order that indicates the percentage of each element that makes up the raw chemical composition and physical properties of all raw materials. The test report must specifically identity the material by reference to the number of the lot, or other similar designation and must indicate the applicable specification, revision and Purchase Order designation. Each part, component, or material quantity furnished shall be identified by lot or batch, traceable to the actual manufacturing process. The lot or batch number may be by date or Supplier order code, but must provide the capability for a lot or batch purge in the event of determination of a condition of discrepancy.
  • Without affecting its other legal rights and/or remedies, Buyer shall have the right to inspect Supplier’s production facilities and to inspect and test the Products at any time during manufacture and prior to shipment and for a final inspection within a reasonable time after the Products’ arrival at the ultimate destination. The Products shall not be deemed accepted until after such final inspection. Buyer may return any Products that are defective, unsatisfactory, or of inferior quality or workmanship, or fail to strictly conform to the Buyer’s specifications and quality control requirements. Such Products to be returned shall remain the property of Supplier and may be returned at Supplier’s risk and expense. Notwithstanding the foregoing, no testing, inspection or acceptance of Products by Buyer will relieve Supplier of its obligation to ensure that Products supplied under this Purchase Order strictly conform to the warranties set forth in Section 6 or relieves Supplier of any liability in connection with defective Products, regardless of whether such defects could have been discovered by Buyer through inspection or testing. The making or failure to make any inspection of, payment for, or acceptance of the Products, shall in no way impair Buyer’s right to reject nonconforming Products or to avail itself of any other remedies to which Buyer may be entitled, nothwithstanding Buyer’s knowledge of the nonconformity, its substantiality or the ease of its discovery. Buyer shall, at its option, either give Supplier a reasonable time to correct the non-conformance or cancel the order as to such materials and retain its rights with respect to cover as provided by the law.
  1. Price and Payment. The price herein specified shall, unless otherwise expressly stated in a Supply Agreement, exclude all sales, use and excise taxes and duties that either party is required to pay with respect to the sale of the Products covered by this Purchase Order, but shall include all charges for packing and loading. Any taxes, freight and duties shall be shown as separate items on invoices. Payment will be made in accordance with the applicable terms of the Purchase Order or in accordance with the terms of any applicable Supply Agreement. Unless otherwise stated in a Supply Agreement, payment terms will be calculated from the date of delivery, or the date of receipt of proper invoices, whichever is later.
  2. Title and Risk of Loss. Unless otherwise expressly stated in a Supply Agreement, title to, and risk of loss of, the Products will remain with the Seller until Buyer accepts the Products.
  3. Product Warranties. Supplier represents and warrants to Buyer that the Products will: (a) conform to the Product specification and quality control requirements provided by Buyer or, if applicable, specified in the Supply Agreement; (b) be free from defects and imperfections in design, material, workmanship and title; (c) be merchantable and fit for their intended purpose; (d) not be manufactured, tested, packaged, labeled, priced, shipped or sold in violation of any applicable international, national, federal, state and local laws, statues, rules, regulations, ordinances or orders (collective “Laws”); (e) shall strictly conform with all representations made by the Supplier in its product literature and/or in communications with representatives of Buyer; and (f) not violate any patent, copyright, trademark or any other intellectual property right or any third party. All Products supplied under this Purchase Order will be supplied with a clean and unencumbered title. All warranties of Supplier with respect to the Products shall survive the expiration, non-renewal or termination of this Purchase Order and any applicable Supply Agreement. The warranties set forth herein are in addition to and not in lieu of any warranty or service guarantee offered by Supplier or implied or provided by law.
  4. Supplier shall defend, indemnify and old harmless Buyer and all of its parents, subsidiaries and affiliate, and their respective directors, officers, employees and agents, successors and permitted assigns, from and against any and all proceedings, claims, liabilities, damage, damages, costs, penalties, expenses, including attorney’s fees and settlements (i) caused by or in any way arising from any failure of the Products to comply with the specifications, warranties and certifications described or referenced in  the Purchase Order and any applicable Supply Agreement; (ii) for damage to property or for injury to or death or any person cause by or in any way arising out of, Supplier’s furnishing of any Products; (iii) arising out  of any claim or allegation of patent infringement, trademark infringement, violation of copyright or trade secret claim against or relating to any of the products; (iv) arising out of any breach of this Purchase Order or nay applicable Supply Agreement by Supplier; or (v) arising out of any act or omission by Supplier in violation of any laws. The indemnification obligations of this Section 7 shall survive the expiration, non-renewal or termination of this Purchase Order or any applicable Supply Agreement.
  5. Choice of Law/Choice of Forum. This Purchase Order shall be interpreted and enforced in accordance with the laws of the State of Ohio, United States, without regard to any conflicts or choice-of-law rules. The parties specifically and expressly waive application of the UN Convention on Contracts for the International Sale of goods. The parties irrevocably consent and agree that any legal action or proceeding relating to this Purchase Order must be brought and maintained in a court located in the State of Ohio, United States of America. By acceptance of this Purchase Order, the Supplier hereby submits to and accepts, with regard to any such action or proceeding, for itself and its property, generally and unconditionally, the jurisdiction of the courts referred to above and waives to the fullest extent possible any defense of an inconvenient form to the maintenance  of such action or proceeding, for itself and its property, generally and unconditionally the jurisdiction of the  courts referred to above and waives to the fullest extent possible for any defense  of an inconvenient form to the maintenance of such action or  The Supplier agrees that a final judgement in action or proceeding in the courts referred to above shall be conclusive and may be enforced in any other jurisdiction or country by suit on such judgment or in any other manner provided by applicable law.
  6. Compliance with Laws.
  • Supplier represents, warrants, certifies and covenant that it shall comply with all applicable Laws in connection with the performance of this Purchase Order and any applicable Supply Agreement and Supplier shall not take any action that would cause Buyer to be in violation of any such Laws. Supplier shall fully cooperate with Buyer including by sharing information and addressing any concerns raised by Buyer or any governmental entity or authority, to assure there is continuous and full compliance by supplier with all applicable Laws.
  1. Miscellaneous
  • Waiver. Failure of Buyer to insist upon strict performance of any of the terms and conditions hereof, or failure or delay to exercise any rights or remedies provided herein or by law, or to properly notify Supplier, in the event of  breach, or the acceptance of or payment for any Products hereunder, shall not release Supplier of any of the warranties or obligations of  this Purchase Order, and shall not be deemed a waiver of any right or Buyer to insist upon strict performance hereof or any of its rights or remedies as to any such orders, regardless of when shipped, received or accepted, or as to any prior or subsequent default hereunder, nor shall any purported oral modification or rescission of this Purchase Order by Buyer operate as a waive of any of the terms hereof.
  • Assignment. Any assignment of or attempt to assign this Purchase Order by Supplier without the prior written consent of Buyer shall be null and void and shall give the Buyer the right to terminate this Purchase Order. Subject to the limitations on assignment set forth in this Section 11(b), this Purchase Order will apply to, be binding in all respects upon, and inure to the benefit of, the successors and permitted assigns of the parties.
  • Severability. If any provision of this Purchase Order is determined to be invalid under the laws of any jurisdiction where used, that provision will be deemed modified to the extent necessary to make it valid while accomplishing the purpose most similar to that contained in the original provision, and will not affect any other provision of this Purchase Order.
  • Exclusive Remedies of Supplier. The Exclusive remedies of Supplier under this Purchase Order are to have the Products not paid for returned and to receive payment of the purchase price for any Products not paid for and not returned.
  • Survival. Neither party shall be relieved of any liability or obligation of such party that accrued, or arose or relates to any period, prior to the effective date of termination of this Purchase Order or any applicable Supply Agreement. All representations, warranties, indemnities and other obligations set forth herein that explicitly survive, or by their nature or context are intended to survive, termination, expiration, or cancellation of this Order shall survive, including but not limited to Sections 6 (Product Warranties), 7 (indemnification), 8 (Choice of Law/Choice of Forum) and 10 (Miscellaneous).
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Terms & Conditions of Sale

The following Terms and Conditions of Sale (the “Terms of Sale”) are applicable to the sale of all products (the “Products”) by MakeShaper, an Ohio corporation (“Seller”), to any purchaser thereof (“Buyer”).  All orders are subject to approval by Seller at its corporate headquarters in [Cleveland], Ohio.  Any amendment, waiver or other alteration of the Terms of Sale by Seller shall be effective only if made in a writing signed by a designated officer or director of Seller, and Buyer’s attempts to alter such Terms of Sale with printed purchase orders, acknowledgments or similar documentation shall be void.

  1. Entire Agreement; Assent to and Acceptance of Terms of Sale. These Terms of Sale constitute a complete and exclusive statement of the agreement between Seller and Buyer with respect to, and shall exclusively govern, the sale of the Products by Seller to Buyer in connection with or as contemplated by Seller’s written or oral proposals, quotations and sales to Buyer (any such item being a “Quotation”) and/or Buyer’s written or oral purchase orders or other communication to Seller related to the Products (any such item, written or oral, being a “Purchase Order”), and shall continue in effect until terminated in writing by Seller.  The sales of Products contemplated by these Terms of Sale are “forward contracts” and Buyer and Seller are “forward contract merchants,” as those terms are used in the United States Bankruptcy Code, as amended.  In the event of a conflict between the terms and conditions contained in a Quotation, invoice or final order acknowledgement and those contained in these Terms of Sale, the terms contained in these Terms of Sale shall govern. Notwithstanding any different or additional terms or conditions contained in a Purchase Order, Seller accepts Buyer’s order only on the condition that Buyer expressly accepts and assents to these Terms of Sale. Buyer’s order shall not be binding upon Seller unless and until such order is accepted by Seller in writing.  In the absence of Buyer’s acceptance hereof, Seller’s commencement of performance or Seller’s acknowledgement of a Purchase Order shall be for Buyer’s convenience only and shall not be construed as Seller’s acceptance of any of different or additional terms contained in a Purchase Order.  In addition, Buyer’s acceptance of any Products shall be deemed to be an acceptance of all of the Terms of Sale.  Seller hereby objects to any additional, contradictory or different terms contained in any initial or subsequent Purchase Order from Buyer pertaining to the Products, including, but not limited to, any indemnification, remedy or warranty provisions.  Seller’s failure to object specifically to provisions contained in any Purchase Order shall not be deemed a waiver of the provisions contained in these Terms of Sale. Without limiting the generality of the foregoing, Seller’s rights and obligations hereunder will not be qualified by or subject to any vendor credentialing, code of conduct, or similar requirements imposed by Buyer upon any of its vendors or suppliers.
  1. Payment. For purpose of payment, each shipment and invoice therefor shall be a separate sale. Payment is due and payable no later than net [thirty (30)] days from date of invoice (the “Due Date”).  All payments shall be made in U.S. dollars.  Buyer’s outstanding unpaid balances shall be subject to a finance charge, until such outstanding amounts are paid in full, at a rate equal to the lesser of (i) eighteen percent (18%) per annum; or (ii) the maximum rate permitted by law.  Buyer shall also pay Seller’s cost of collection (including reasonable attorneys’ fees).  Payments received may be applied by Seller against any obligation owed by Buyer to Seller.  Seller may refuse or delay shipments if Buyer fails to pay promptly any payments due Seller. If Seller shall, in its sole discretion, deem itself to be insecure regarding Buyer’s ability to fulfill the terms of payment herein specified, whether due to Buyer’s financial condition, status as an international account, or any other reason, Seller may by notice to Buyer (i) require full or partial payment in advance of delivery or (ii) reduce the credit terms.  Any authorized early payment discounts must be taken at the time of invoice payment and will be calculated from the invoice date to the date payment is received by Seller.  To secure the payment of the purchase price of the Products sold hereunder, Buyer grants Seller a purchase money security interest in all Products sold hereunder whether constituting equipment, inventory, fixtures and/or general intangibles, including all accessions to and replacements thereof, and all proceeds thereof to perfect or continue the security interest created hereby.  Seller shall have all of the rights and remedies of a secured party under the Uniform Commercial Code, which remedies shall be cumulative and not exclusive.  Time is of the essence and, in addition to any other rights, Seller shall further have the right, at its option, to terminate any sale of Products without notice to Buyer if (i) payment is not made on the Due Date, (ii) Buyer becomes insolvent, or (iii) Buyer’s ability to pay debt in the normal course of business otherwise becomes impaired.
  1. Prices; Taxes, Freight and Other Costs. Unless otherwise specified in a Quotation or other communication from Seller to Buyer, the price of Products shipped hereunder shall be an amount equal to Seller’s price on the date of shipment, and shall not include applicable Federal, State and local transactional costs and expenses, including, but not limited to, freight, taxes, duties, tariffs or other additional costs imposed by reason of the sale of the Products, which costs and expenses shall be the responsibility of Buyer. Prices are established are independent of any pricing or other arrangement that may be in place between Buyer and its customers or any other party.
  1. Title; Risk of Loss; Delivery. Title to and risk of loss shall pass to Buyer upon delivery of Products to carrier.  Choice of carrier and shipping method and route shall be at the election of Seller.  Seller shall have the right to deliver all Products covered hereby at one time or in partial shipments from time to time, within the agreed time for delivery.  All delivery dates are approximate, and Seller shall not be liable for damages or costs which arise in connection with the delivery of goods after the date stated on any Quotation, Purchase Order or other document.  Delivery dates are further dependent upon the prompt receipt by Seller of all information required by Seller to proceed with work immediately and without interruption.
  1. Shipments; Shipment Quantities; Shortages. With respect to each shipment of Products, Buyer shall give Seller reasonable advance notice, which notice shall include date of delivery and shipping instructions.  Seller shall not be required to deliver in any month more than the monthly quantity agreed, or if no monthly quantity is specified, more than the pro-rata amount of the maximum quantity specified, nor shall Seller be bound to tender delivery of any quantities for which Buyer has not given reasonable advance notice.  If Buyer fails to accept delivery of the stipulated or minimum pro-rata quantity in any month, or fails to give such notice, Seller may, at its option, in addition to its other rights and remedies, cancel such deliveries or parts thereof. All Products shipped hereunder shall be subject to Seller’s usual tolerances and variations as to quantity. Unless Seller receives written notification of variances in quantity within sixty (60) days of the invoice date, the invoiced quantity shall be conclusive.
  1. Inspection; Acceptance of Products. Upon receipt of Products, Buyer agrees to immediately inspect and/or test the Products. The Products shall be deemed accepted by Buyer, and all claims with respect to any nonconforming Products shall be deemed waived by Buyer, unless Buyer provides Seller, within ten (10) days of the delivery date, a written notice specifying all defects or discrepancies in the quality or quantity of Products.  Buyer shall permit Seller to inspect any damaged or otherwise nonconforming Products. Seller shall be under no obligation to notify Buyer of any changes to the processing, design, composition, or performance of its products, unless such change cause such products to be non-conforming in accordance with the terms hereof.
  1. Cancellation. Once an order is accepted by Seller, it may not be cancelled or changed by Buyer, nor shall Buyer be entitled to delay shipment or performance, except with the written consent and upon terms and conditions approved by Seller in writing. If Seller consents to the cancellation of an order for Products pursuant to the foregoing sentence, Buyer shall pay to Seller within thirty (30) days of such cancellation, all costs and expenses incurred by Seller in connection with Buyer’s order (including without limitation, any restocking fee and reasonable cancellation charges) of an amount not less than fifteen percent (15%) of the cancelled order.  Any extra cost incurred by Seller to meet Buyer’s request for rescheduling/cancellation will be Buyer’s responsibility.
  1. Force Majeure. Seller shall not be liable for delays in delivery or for failure to perform, and performance shall be excused, if such failure is due to causes beyond the reasonable control of Seller or its subcontractors, including. but not be limited to, force majeure, acts of God, acts or omissions of Buyer, acts of civil or military authorities, fire, strikes, power surges or outages, epidemics, quarantine restrictions, flood, natural disasters, riot, war, delays in transaction or inability to obtain necessary labor, materials or supplies or any cause which renders Seller’s performance commercially impractical under Section 2-615(a) of the Uniform Commercial Code, as amended.
  1. Intellectual Property. Buyer hereby acknowledges and agrees that Seller is the owner of the entire right, title and interest in the Intellectual Property (as defined below).  Buyer further acknowledges and agrees that (i) Seller has exclusive rights to use the Intellectual Property and that any unauthorized use of the Intellectual Property is and shall be deemed an infringement of Seller’s rights; (ii) that Buyer acquires no right, title or interest therein; and (iii) that any and all goodwill associated with the Intellectual Property shall inure exclusively to Seller’s benefit.  For purposes of this Section 9, “Intellectual Property” shall mean: (a) any commercial trademarks, service marks, trade names, slogans, designs, insignia, emblems, symbols, brand names, market identities and other proprietary business identifying characteristics now used or hereinafter used by Seller; and (b) any patents, copyrights, trade secrets, technology, product designs or ideas, or other intellectual property rights owned by Seller. Under no circumstances will Buyer acquire any right, title, or interest in any of such Intellectual Property by virtue of the purchase or sale of Products under this or any other Purchase Order. All work product or other technology or inventions developed by Seller, either alone or with others, under or in connection with this Purchase Order or the Products will remain the property of Seller, and will not be assigned to or constitute property of the Buyer (whether as work product, “work-made-for-hire,” or otherwise).
  1. Confidentiality. Buyer agrees to maintain in strict confidence and will not, directly or indirectly (including through its principals, employees, agents or affiliates), divulge, transmit, publish, release, or otherwise use or cause to be used in any manner to compete with or contrary to the interests of the Seller or its affiliates, any confidential or proprietary information relating to the Seller’s products, services, pricing, technology, business relationship, or customers, or otherwise relating to the Seller’s business operations. Buyer will at all times use the same level of care (but in any event will not use less than commercially reasonable care), to prevent disclosure of the confidential and proprietary information of the Seller that it uses with its own information of similar sensitivity or importance. Buyer acknowledges that all confidential proprietary information regarding the Seller compiled or obtained by, or furnished to Seller, in connection with the Products or the Purchase Order, is confidential information and the Seller’s exclusive property. Buyer shall be responsible for any disclosure of confidential or other information in violation of this Section 10 by any of its principals, employees, affiliates, or agents.
  1. Limited Warranty; Exclusive Remedy. Seller warrants that the Products will conform to Seller’s specifications, as in effect at the time of shipment. Seller’s sole obligation under this warranty shall be at its option to repair or replace any Product or part thereof which proves to be other than as warranted; provided that written notice of the alleged defect shall have been given by Buyer, within ten (10) days after discovery thereof, to Seller prior to thirty (30) days from the date of shipment to Buyer.  EXCEPT AS SET FORTH IN THIS SECTION 11, SELLER MAKES NO REPRESENTATION OR WARRANTY, EXPRESS OR IMPLIED, WITH RESPECT TO THE PRODUCTS.  SELLER DISCLAIMS ANY WARRANTY WITH RESPECT TO THE MERCHANTABILITY OF THE PRODUCTS OR THE FITNESS OF THE PRODUCTS FOR ANY PARTICULAR PURPOSE OR USE OF BUYER AS WELL AS ANY EXPRESS OR IMPLIED WARRANTIES OR CONDITIONS ARISING BY ANY COURSE OF DEALING, COURSE OF PERFORMANCE OR USAGE OF TRADE.  SELLER FURTHER DISCLAIMS ANY WARRANTY WITH RESPECT TO THE CONFORMANCE OF THE PRODUCTS WITH ANY REQUIREMENTS OR SPECIFICATIONS PROVIDED BY BUYER, UNLESS THE CONFORMANCE WITH SUCH REQUIREMENTS OR SPECIFICATIONS HAS BEEN SPECIFICALLY AGREED TO BY SELLER IN WRITING.. Any warranty made by Seller will be expressly subject to proper use of the Products in accordance with any directions for use or other applicable instructions or documentation. [No warranty shall apply in situations of error, omission, or negligence by the product’s operator or custodian]. Further, any course of action for breach of the foregoing warranty shall be brought within one (1) year from the date the alleged breach was discovered or should have been discovered, whichever occurs first.  BUYER’S SOLE REMEDY IN THE EVENT OF A BREACH OF THE FOREGOING WARRANTIES IS THE REPAIR OR REPLACEMENT OF THE AFFECTED PRODUCT BY SELLER. Seller’s repair or replacement of any Products in the manner contemplated by this limited warranty will not be deemed an admission of any fault on the part of Seller or its principals or affiliates, or an admission that the Products are otherwise defective or non-conforming.
  1. Limitation of Liability. IN NO EVENT SHALL SELLER’S LIABILITY ARISING IN CONNECTION WITH OR UNDER THIS AGREEMENT (WHETHER UNDER THE THEORIES OF BREACH OF CONTRACT, TORT LIABILITY, MISREPRESENTATION, FRAUD, WARRANTY, NEGLIGENCE, STRICT LIABILITY OR ANY OTHER THEORY OF LAW) EXCEED THE PURCHASE PRICE OF THE PRODUCTS.
  1. Disclaimer of Consequential Damages; Buyer Indemnity. IN NO EVENT SHALL SELLER BE LIABLE FOR INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY NATURE INCLUDING, WITHOUT LIMITATION, BREACH OF ANY OBLIGATION OR WARRANTY IMPOSED ON SELLER HEREUNDER OR IN CONNECTION HEREWITH.  “CONSEQUENTIAL DAMAGES” FOR PURPOSES HEREOF SHALL INCLUDE, WITHOUT LIMITATION, LOSS OF USE, INCOME OR PROFIT, OR LOSSES SUSTAINED AS THE RESULT OF INJURY TO ANY PERSON, OR LOSS OF OR DAMAGE TO ANY PROPERTY (INCLUDING, WITHOUT LIMITATION, PROPERTY HANDLED OR PROCESSED THROUGH THE USE OF THE PRODUCTS), DAMAGES OR LOSSES RESULTING FROM CLAIMS OF OTHER PERSONS AGAINST BUYER, OR DAMAGES OR LOSSES SUSTAINED AS THE RESULT OF WORK STOPPAGE.  BUYER SHALL INDEMNIFY SELLER ITS OFFICERS, MANAGERS, EMPLOYEES AND AGENTS AGAINST ALL LIABILITY, COST OR EXPENSE WHICH MAY BE SUSTAINED BY SELLER ON ACCOUNT OF ANY SUCH LOSS, DAMAGE OR INJURY.  Without limiting the foregoing, under no circumstances will Seller be responsible for any purchase price reimbursements, costs, penalties, fees, or other amounts associated with Buyer’s purchase or acquisition of any replacement product.
  1. Compliance with Laws; Regulatory Matters. Buyer represents and warrants that Products will not be used, resold, transferred, exported or reused in any way by Buyer in violation of any laws, regulations of any federal, local, state or other governmental entity including export/import controls imposed by the U.S. Government (collectively, the “Regulations”). In the event Buyer knows or is aware of any Regulation that would adversely impact the transaction(s) contemplated by a Quotation and/or a Purchase Order, Buyer shall immediately advise Seller of the same. If Seller, in its sole discretion, determines that the effect of the Regulations is a material increase in Seller’s risk with respect to such transaction, Seller may, without cost, liability or penalty of any kind, withdraw its Quotation and/or revoke its acceptance of a Purchase Order. If Buyer or any of its employees, agents, representatives, or subcontractors are required to enter Seller’s premises to fulfill the requirements of this Purchase Order, Buyer agrees to cause those individuals to abide by Seller’s security and safety procedures and requirements. The safety and health of said individuals while on Seller’s premises is the responsibility of Buyer.
  1. Disputes. Any contract arising hereunder or relating hereto shall be governed by the laws of the State of Ohio, without regard to its conflict or choice of law provisions.  Any dispute arising between Buyer and Seller with respect to the transactions contemplated hereby shall be resolved by arbitration in Cleveland, Ohio, in accordance with the Rules of the American Arbitration Association, and the award of the arbitrator(s) shall be final and binding upon the parties. Notwithstanding the foregoing, Seller may institute an action for collection of any amount due from Buyer hereunder in any court of competent jurisdiction, in which case Buyer hereby consents to the personal jurisdiction and venue of the federal and state courts located in Ohio.  No action, regardless of form, arising out of, or in any way connected with, Products may be brought by Buyer more than one (1) year after the cause of action has accrued.  It is specifically agreed that the United Nations Convention on Contracts for the International Sale of Goods shall not apply.
  1. Early Termination. Seller may immediately terminate this Agreement without notice to Buyer if Buyer (i) makes an assignment for the benefit of creditors, (ii) becomes insolvent or is otherwise unable to pay its debts in the ordinary course of business, or (iii) is the subject of any voluntary or involuntary proceedings in bankruptcy, or under any other insolvency or similar law, or for corporate reorganization or for receivership.
  1. General. Buyer may not assign its right under or interest in any Purchase Order without the prior written consent of Seller.  These Terms of Sale shall be binding upon and inure to the benefit of Buyer and Seller, their successors and permitted assigns.  No waiver by either party of any breach of these Terms of Sale shall constitute a waiver of any other breach. If any provision hereof is held to be invalid or otherwise unenforceable for any reason, all other terms and remaining conditions will continue to be in force.  Any clerical errors are subject to correction.  Buyer shall reimburse Seller for reasonable attorneys’ fees necessarily incurred in order to enforce these Terms of Sale or any provision hereof or to secure cost and/or damages pursuant to any other remedy, legal or equitable, arising from Buyer’s breach hereof. Under no circumstances will Buyer be permitted to publicly disclose or release any advertising or publicity disclosing the existence or terms of any business relationship between Buyer and Seller (including without limitation through the use of Seller as a client reference or the use of the Seller name, likeness, or trademarks).
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Terms & Conditions

  1. US Shipping Terms and Conditions
  2. Shipping Methods
  3. Payment Methods
  4. Product Returns
  5. Prices
  6. Other Terms

1. US Shipping Terms and Conditions

We ship items as soon as possible, but this will not always be the same day as your order. In general, please add 2-3 business days to allow for processing time. If you have any questions about the lead time on a specific item, please contact us at https://makeshaper.com.

Freight paid by customer on all orders.

All pricing is EXW from the MakeShaper warehouse unless otherwise agreed to in writing.

2. Shipping Methods

Most recognized trucking and express shipping companies

3. Payment Methods

Credit cards: *American Express *MasterCard *Visa

(Credit Cards may only be used for payment in full at the time of the transaction unless otherwise agreed, in writing, between Seller and Buyer)

Credits not used within 90 days from credit memo date are null and void.

4. Product Returns –

~No returns for Inventory Adjustments will be accepted.

~No returns on product over 30 days from date of purchase. Returns will not be accepted without a Return Merchandise Authorization (RMA) number.

Please call 330-753-0100 Mon. thru Fri. – 8:00 a.m. to 5:00 p.m. EST/EDT

Product must be received within 30 days from the RMA issue date and must reference the RMA number and the original invoice number.

5. Prices

Prices subject to change without notice

Seller is not responsible for any typographical errors

Prices listed are in U.S. dollars

Subject to minimum order requirements

Other Terms:

1. Price: Price is as listed on the invoice

2. Shipment: Shipment is described as EXW Barberton, OH unless otherwise noted on the invoice

3. Terms of Payment: Payment is due on date of invoice unless otherwise noted on the first page of the invoice. All sums invoiced shall be paid in accordance with the terms noted on the invoice. Any outstanding balance not paid on time shall bear interest at the rate of 1 ½% per month, compounded monthly.

4. Collection Expenses: In the event Buyer fails to pay Seller in a timely fashion and Seller initiates collection or legal action, the Buyer agrees to pay all of Seller’s collection or legal expenses, including but not limited to, court costs and attorney’s fees.

5. Delays: Seller will not be liable for any delay in the performance of orders or contracts, delivery or shipment of goods or for any loss or damage

suffered by the Buyer by reason of such delay, whether or not the delay is the result of Seller’s negligence.

6. Limitations on Damages and Disclaimer of Indemnification: Seller has made a good faith effort to determine that the goods shipped are of

good commercial quality and are not in violation of any patent trademark or copyright. In the event any goods are defective due to faults in their manufacture or packaging or through any other fault of the Seller, Buyer shall notify Seller immediately, stating the full particulars in support of his claim, and Seller will either replace the goods upon return of the defective or unsatisfactory goods, or Seller shall credit the Buyer’s account with the cost of such goods. Under no circumstances shall Seller be liable for, or provide indemnification to buyer for, consequential or other damages, claims, liabilities, losses or expenses (including attorney’s fees) resulting from, in connection with or by reason of, the use or the inability to use goods purchased from Seller for any reason.

7. Warranty: The advice of Seller’s technical staff is available to the trade, but Seller does not control or supervise the subsequent use of such advice or the installation of its products or the use of its products for sale, and therefore does not warrant or guarantee such advice. All products are warranted to be free from manufacturing defects for a period of three (3) months from date of purchase. NO OTHER WARRANTY OR GUARANTEE, EXPRESS OR IMPLIED, INCLUDING WARRANTY AS TO THE MERCHANTABILITY OR FITNESS FOR ANY PURPOSE IS MADE UNLESS THE SAME IS SPECIFICALLY SET FORTH ON THE INVOICE, BUT IN ANY SUCH CASE, SUCH WARRANTY OR GUARANTEE IS LIMITED AS DESCRIBED IN PARAGRAPH 6 ABOVE.

8. Special Orders: If any material shall be manufactured and/or sold by Seller to meet the Buyer’s particular specifications or requirements and is not

part of Seller’s standard line offered by it to the trade generally in the usual course of Seller’s business, Buyer shall defend, protect and save harmless Seller against any suits at law or in equity and from any damages, claims for actual or alleged infringement of any United States of foreign patent, and shall defend any suit or action which may be brought against Seller for any alleged infringement because of the manufacture and or sale of the material covered thereby.

9. Contract: These terms and the terms of the credit agreement, if any, are the entire contract between the parties. Said contract and its terms are the only terms upon which Seller will accept orders and are not subject to any other terms in purchase orders, written agreements or verbal

agreements. Any different or additional terms proposed by Buyer are rejected unless accepted in writing and signed by both parties.

10. Choice of Law and Venue: The laws of the State of North Carolina shall govern and control the interpretation and validity of this agreement without regard to choice of law rules. Any dispute over the terms of this agreement or arising out of this agreement shall be litigated in the Federal or State courts having jurisdiction over Lee County, North Carolina.

11. Seller’s Standard Guarantee: Seller makes every effort to determine its materials shipped are of good commercial quality. In the event any

material Seller ships is defective due to faults in manufacture, packaging, or through some other fault of Seller and its vendors, then Seller will

replace the defective material at no additional cost to the customer. This is the Buyer’s only remedy under this guarantee.

* All trademarks, registered trademarks and brand names within this document are for descriptive purposes only and are the property of their respective owners.

Form No: AP3423 Revised 20150515

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MakeShaper Filament Factory Tour!

We try and accommodate customer visits and plant tours as often as time permits. A while back we had Ben visit and pick up some filament (he was a local), and he was nice enough to chronicle his experience you see below.

A few months ago, I went to a 3d Hubs meetup and found out there is a filament company called MakeShaper that’s located in Sanford NC, just a few towns over from where I live. Naturally, I was interested – I’ve been on the hunt on-and-off for a quality American-made filament source, and if that place happens to be right next door – that’s a bonus!

One of the gentlemen I met at the meetup who worked for MakeShaper provided me a filament sample and was also kind enough to offer me a tour of the facility (his name is Bob). I definitely wanted to take him up on that, but to be honest, I wasn’t expecting much. My inner skeptic was saying loudly that “this is just going to be ten guys renting space in some dirty warehouse with an oversized Filastruder, don’t get your hopes up.”

…Little did I know.

As it turns out, MakeShaper’s parent company is Static Control Components and they are, for lack of more precise details, a pretty big deal. From what I understand, they’re one of the biggest companies making aftermarket laser and inkjet printer parts and toners in the world. I’m skipping ahead a bit, but I learned on the tour that they were involved in a precedent-setting lawsuit against Lexmark whose outcome determined that manufacturing printer cartridges with an aftermarket DRM chip was not a violation of the DMCA. There’s even a Wikipedia article on it! (https://en.wikipedia.org/wiki/Lexmark_I … nents,_Inc.) So, definitely not the small fries I was expecting.

Back to my story, my wife and I are driving along and the GPS tells us we’re getting close and I’m still expecting ten guys in a dirty warehouse. I’m keeping my eyes peeled for a sign that’s obscured by some overgrown bushes or something when suddenly, we realize we’re driving toward this huge industrial campus. My wife and I both say, no way can this place be the place we’re looking for, but yep! It wound up that that’s the place!

Here’s what it looked like when they GPS says we’re close – definitely “sign behind an overgrown bush” territory:
https://www.google.com/maps/@35.444085, … 312!8i6656
And then suddenly we burst onto this – quite a difference!
https://www.google.com/maps/@35.44712,- … 312!8i6656

We go inside after having picked the most likely-looking parking lot – we had at least 5 to choose from and I’m sure more if we kept driving – and get signed in and we meet Bob and a lovely lady from Sales named Erica. Bob asks us “did you have any trouble finding the place?” with a poorly-masked grin. Har har, Bob! I learned that SCC has 12 factories on that campus and employs 800 people. I realize very quickly that I’m totally out of my league, but darn it I’m going to make the best of things anyway while I try not to sound like a complete dunce.

Bob also tells me that they’re still in the middle of moving their filament-making equipment into a different building, so we won’t get a chance to see any of that today – BUMMER – but we can come back later after they’re finished! (You bet your behind I’m taking him up on that offer at the next opportunity.)

before_after_tornado

The first stop on the tour is something of a memorial. About five years back, some severe tornadoes came through the area and caused a lot of damage, *especially* in Sanford. A few of SCC’s buildings were heavily damaged, and a couple were completely destroyed. They got a call from someone who lived 50 miles away because they found some SCC-labeled microprocessors on their front lawn! Fifty miles! Luckily, since the storms came on the weekend, no one was working and no one was injured. The scrap metal sculpture was a tribute to their employees’ dedication to rebuilding, and I’m sure glad they did rebuild, because otherwise I wouldn’t have been on that awesome tour! scc_memorial_sculpture

Next was their R&D area. Essentially, it was a cubicle farm with one or two 3d printers on each person’s desk – and they were tasked with running OEM and competitors’ filaments through each machine and making observations on print quality. They had a pretty good representation there – I saw machines ranging from a low-end Da Vinci machine to a big Stratasys uPrint. I met another gentleman named Stephen (who was also at the 3d Hubs meetup I mentioned earlier) who showed me a Marvin printed on the Da Vinci with some XYZprinting PLA. It was a neat print because it was pretty clear – but it also had some stringing, which honestly I was glad to see, because it made me feel pretty good knowing my printer could do a better job.

us manufacturing, usa filament, american made filament(Side note: I asked Bob if I could take a picture of the R&D area, because I didn’t want to accidentally capture something sensitive on someone’s desk. We decided to play it safe and not take a picture, but then I found that one in MakeShaper’s own twitter feed! Ha! So now Wake Tech is on the hook instead of me!)

One of the things Bob mentioned while on the tour was that they have researchers responsible for reverse-engineering OEM lockout chips. In my head I’m thinking, how on earth do you reverse engineer something that’s made up of about a billion tiny transistors? So I try to ask an intelligent-sounding question to that effect, figuring that if I use the words “electron microscope,” I might sound at least a little bit informed. Bob tells me that the traditional method was to peel back the chips layer by layer and just examine the traces that you found, but nowadays you’ll often see protective measures like specially-designed structures that effectively self-destruct the chip if you try and peel them apart. That was news to me! I figured that reverse-engineering a chip like that would be hard enough by itself, but no, apparently you need physical countermeasures to make it even harder. I guess I shouldn’t have been surprised in retrospect, but at the time it blew my mind. Oh and yes, to my question, they also do have their own electron microscope on site. (Bob told me that so casually that I was wondering if that was actually as big of a deal as I thought it was…)

While we were on the topic of chips, Bob mentioned that he sees the 3d printing industry today looking a lot like what the paper printing industry looked like 25-30 years ago. Lots of new players entering the market, and some manufacturers responding by trying to lock down their machines. I think this is the point in the tour where I learned about the DMCA decision, and Bob mentioned that since MakeShaper has the full resources of SCC behind them, they are uniquely positioned to become a significant player in the 3d print market. I hope they succeed – my thoughts at the time wandered to the Da Vinci machines. I didn’t bring it up, but I remember reading that if you want to use aftermarket filament in a Da Vinci machine, you have to reflash its firmware – but that also voids the warranty of the machine. It would be great to have a third option; a third party chipped filament cartridge that was compatible would be a welcome offering to those customers, I’m sure.

Anyway after that, we walked to an area of their testing facility. I can only describe it as an inkjet/laserjet printer farm – rows and rows of desks upon which sat as many printers as would fit, and as we walked among them I caught some more 3d printers sprinkled in as well. We learned that in that building, there were around 2000 printers available for immediate testing, and about 7500 us manufacturing, usa filament, american made filamentmore in storage “just in case.” Basically any printer that was marketed in a significant quantity, SCC picked up at least one of them to test with.

While we were talking numbers, Bob also mentioned that they go through an enormous amount of paper – I forgot the exact number, but I want to say it was 1,000,000 sheets per week? A MILLION! (per WEEK!!) – so recycling is very important to them. (This also won a huge amount of brownie points with me)! They print on both sides of every sheet, BUT of course it’s not such a simple matter as I would naively assume. After a sheet of paper has been printed on, Bob explains, its properties have changed – it’s dirtier, its moisture content is different, for example – and it needs to be reconditioned before its other side can be used for a second test. My take on that is that I’d hate to be the guy whose job it was to clean an endless mountain of paper, but on the other hand they’re clearly serious about making sure their products work as advertised, and I’ll buy the heck out of their filament based on that alone eight days a week.

We continue on and before long we pass by some windows that look into what resembles (to me) a clean room you might see at a hospital. Bob points at the labels in the corner of the windows and tells us that they’re environmentally-controlled rooms – both temperature and humidity. One is set up at around 60F and 15% humidity; the other is at 85F and 80% humidity – I might’ve gotten the numbers a bit off, but one was supposed to be winter conditions (indoors, obviously) while the other was supposed to emulate the tropics. Anyway I’m sure you can guess, they had printers set up in those rooms too making sure that everything still worked to spec under non-ideal conditions.

As if that weren’t enough, the next thing we saw as we walked by were some big electrical panels. They weren’t too visually engaging – just some metal boxes with conduit coming out of them – but Bob shared that their function was to generate 220v power, and that each desk in the testing lab had both 120v and 220v outlets. They would test all their printers on both, because it exposes quirks in the internal mechanics – the difference in voltage and frequency has an impact on the behavior of the corona wire, the fuser, the drum, as well as a bunch of other parts that I hadn’t heard of before. I did my best to keep everything straight, but the entire tour was filled with so much information that it was like drinking from a firehose, and this was certainly no exception!

My mind wandered back to the paper recycling Bob mentioned earlier and I asked whether or not they did the same sort of recycling/reconditioning with their plastic filaments – and since I was trying to sound smart, I mentioned that I’d heard mixed opinions on filament recyclers because of the extra “stress” the process puts on the filament’s “polymers.” I don’t know if I used all the right words there, but hey! Even if I completely messed it up, I got the spirit of the question across successfully, so score one for me! Bob said I was basically on the right track and took the opportunity to teach us a bit about “heats and heat signature.” He said if you get material from a quality supplier, that filament has only been through 2 heats. You then print with the material and your printer counts as another heat, so that’s 3 heats total. That’s generally the ideal case. If you buy pellets and extrude them yourself, you also wind up with 3 heats in the end – one heat from the supplier to turn the material into pellets, once through your extrusion machine, and then lastly through the printer. And if you’re into recycling prints, then you can mix recycled material with virgin material and wind up with fractional heats for the overall blend. MakeShaper, for one, avoids the issue entirely by only testing with virgin material – afterward, the prints are recycled into bottles for the toner part of their business. Smart, I like it!

We’d been walking while we were chatting and right around this point, we wandered up to another of their Stratasys machines. Bob said he’s been noticing a trend where more and more industrial machines like the Stratasys in front of us were starting to show up on 3d Hubs – and I might be fuzzing on the details here, (drinking from a firehose, remember!) but what basically happens is the lease on the machine expires, and the leasing company then sells the machine, where naturally the employees get first dibs. I thought to myself, hmm, might it be neat to own a Stratasys machine? I wonder how much they cost in that scenario… but before I had a chance to ask, Bob shows me a spool of Stratasys filament. It looked like a half kg maybe, and it’s then I learn that the cartridge costs A HUNDRED AND EIGHTY DOLLARS! ARE YOU FREAKING KIDDING ME?! And I know those machines aren’t cheap to begin with either, but then they get you on the filament too?! I swear, if those guys at Stratasys aren’t swimming in money like Scrooge McDuck and lighting their cigars with hundred dollar bills like in the movies, they are doing something seriously wrong.

So I don’t think I’m interested in owning a Stratasys machine anymore. Then again, MakeShaper IS working on coming up with their own compatible filament, so maybe it wouldn’t be that bad after all…

Afterward, we headed down to the shipping area. It was neat-looking to me, someone who doesn’t get to see that kind of thing every day, but I would imagine it looks like your typical warehouse operation (although probably a lot cleaner). Lots of boxes stacked on lots of forklift shelving units. Bob told us that the forklifts were semi-automated – I didn’t fully understand, but he said there us manufacturing, usa filament, american made filamentwere wires run through the floor and somehow the forklift operator has to only do half the work. I think he said that they just drive it to the right aisle and then the system automatically gets the right box from the right shelf location? And I think each space on each shelf was labeled with a barcode so the machine could make sure it was picking from the correct spot. That was definitely something that scratched my high-tech itch, so that’s a gold star in my book!

That just about wrapped up the tour. We walked past a photo studio where they had a bunch of professional-looking lighting and equipment and a green screen, but I know nothing about photography at all so it was all lost on me. But I sure did notice the filament sitting in the middle of the room! (They had just taken some pictures of it in preparation for their web store). Bob told us that they do all their own product photos, instructional materials and video editing in-house. It seemed like a small detail, but I think having such a nice studio is one more thing that goes to show these guys are really invested in their work.

After that, we sat down in a conference room where we chit-chatted for a bit and I finally bought the spools I had came for! What really struck me though was the labeling on the filament boxes. I us manufacturing, usa filament, american made filamentimmediately noticed that A.) the label sealed the box, so it would be tamper-evident, and B.) there’s a field for Pantone color. Maybe I just haven’t bought filament from the right places yet, but I hadn’t yet seen anything similar until then. Even before you open the box, the filament feels like a premium product. And then on the backside of the package, the MakeShaper logo is watermarked (maybe that’s not the right term… inlaid maybe?) into the cardboard – a nice touch.

Afterward, we said our goodbyes, and my wife and I thanked Bob and Erica for taking time out of their day to show us around. I realized after we left and got into the car that we’d spent an hour and a half walking around their facilities, and that was without even seeing the actual extrusion machines! Time flies when you’re having fun I guess! Before we arrived, I was expecting the tour to take 30 minutes, tops. After all, how much can you possibly expect to see from 10 guys in the corner of a dirty old warehouse…

My closing thoughts are that I was completely blown away by the experience (at least that much should be obvious by now). Even my wife, whose involvement with 3d printing extends only to tolerating my addiction to it, really enjoyed seeing all the equipment and learning about the business! My only criticism is that for now, MakeShaper’s color selection is very basic – red, green, blue, white, black, and natural are the only colors on offer at the moment. (Although if you’ve got deep pockets and want to order 18kg of filament, they’ll make any color you want!) Otherwise, their filament prints extremely well and is reasonably priced, and I’ve seen first-hand how dedicated and enthusiastic they are about their product. It’s one thing to put a blurb on a website about quality, it’s another thing entirely to invite your customers in and bathe them in it.

I know I’ve probably come across as a cheerleader in this review but I swear I’m not affiliated with them and they didn’t pay me to write this. I just had a really fantastic experience, and from now on I’m going to satisfy my filament needs with MakeShaper plastic whenever possible. I think everyone should try at least one of their spools, you won’t be disappointed.

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