Limitation of liability
Limitation of liability
This policy defines the limitations applicable to the Company's liability in connection with the Website, Products, and Services, to the fullest extent permitted by applicable law.
Different limitations may apply depending on whether the Buyer is a Business Buyer or a Consumer. Nothing in this policy excludes, restricts, or limits any liability, right, remedy, or legal protection that cannot lawfully be excluded, restricted, or limited.
Mandatory and non-excludable liability
Nothing in these Legal Terms excludes or limits the Company's liability to the extent that such liability cannot lawfully be excluded or limited, including, where applicable:
- liability arising from fraud or wilful misconduct;
- liability for death or personal injury where exclusion or limitation is prohibited by applicable law;
- mandatory liability arising from defective Products;
- mandatory Consumer rights relating to conformity, delivery, refunds, remedies, or damages; and
- any other liability that applicable law does not permit the Company to exclude or limit.
Consumers
Where the Buyer qualifies as a Consumer, nothing in this policy limits the Consumer's mandatory statutory rights or remedies.
In particular, this policy does not exclude or improperly limit the Company's responsibility for failure to perform the contract, defective or non-conforming Products, transport risk where legally borne by the Company, personal injury, defective-product liability, or other matters for which mandatory consumer law provides a remedy.
Any limitation contained in this policy applies to a Consumer only to the extent that it is valid and enforceable under applicable consumer law.
Business Buyers
Subject to the mandatory and non-excludable liabilities identified above, the following limitations apply to Business Buyers to the fullest extent permitted by applicable law.
The Company shall not be liable for losses caused by circumstances outside its contractual responsibility or by the Buyer's or Recipient's own acts or omissions, including improper storage, handling, processing, curing, post-processing, modification, contamination, mixing, dilution, use outside the applicable technical documentation, or use of a Product for an application for which compatibility or performance has not been expressly guaranteed by the Company.
The Company shall not be responsible for incompatibility arising from printers, equipment, software, processing parameters, third-party materials, environmental conditions, or application-specific requirements that have not been expressly guaranteed in writing by the Company for the relevant Product and conditions.
Indirect and economic losses for Business Buyers
To the fullest extent permitted by applicable law and except in relation to liability that cannot lawfully be excluded or limited, the Company shall not be liable to a Business Buyer for indirect or consequential economic losses arising from or relating to a Product, Service, or transaction.
Such excluded losses may include, where legally permissible and to the extent they constitute indirect or consequential loss in the circumstances:
- loss of profits or anticipated profits;
- loss of revenue;
- loss of production;
- business interruption;
- loss of business opportunity;
- loss of anticipated savings;
- loss of goodwill;
- loss or corruption of data; and
- reputational or other consequential commercial loss.
This exclusion does not apply where the relevant liability cannot lawfully be excluded or limited.
Aggregate liability to Business Buyers
Subject to the mandatory and non-excludable liabilities identified in this policy, and to the fullest extent permitted by applicable law, the Company's total aggregate liability to a Business Buyer arising out of or in connection with a particular Product, Service, or order shall not exceed the amount actually paid to the Company for the specific Product, Service, or portion of the order giving rise to the claim.
This limitation applies collectively to contractual claims, negligence claims, and other claims arising from the same underlying Product, Service, order, event, or circumstances, except where application of the limitation would be prohibited by applicable law.
Product performance and application-specific results
3Dresyns Products are technical materials whose performance may depend on Product version, printer or equipment characteristics, calibration, exposure or processing parameters, storage, handling, environmental conditions, curing, post-processing, formulation modifications, and the requirements of the final application.
Unless a particular result, compatibility, or performance characteristic has been expressly guaranteed in writing for defined conditions, information provided by the Company does not constitute a guarantee that a Product will achieve every application-specific result sought by the Buyer.
The Buyer is responsible for performing the testing, qualification, validation, and regulatory assessment appropriate to its intended application, except to the extent that the Company has expressly undertaken a specific obligation in writing.
Nothing in this section limits responsibility for an express specification or commitment actually made by the Company or any mandatory statutory conformity obligation.
Modification or misuse of Products
The Company shall not be responsible for damage, failure, loss, or performance issues to the extent caused by:
- use contrary to applicable technical or safety documentation;
- incorrect storage or handling;
- contamination;
- addition of third-party substances;
- unauthorized dilution, mixing, or reformulation;
- use after the applicable expiration or recommended storage period;
- incorrect curing or post-processing;
- use with incompatible equipment or processing conditions; or
- other modification or misuse occurring after the Product has been supplied and that is not attributable to the Company.
Where several factors contribute to a reported loss or failure, responsibility shall be determined according to the actual cause and applicable law.
Website availability and information
The Company seeks to maintain accurate and functional Website content but does not guarantee uninterrupted, error-free, or continuously available access to the Website.
The Company shall not be liable for temporary Website unavailability, technical interruptions, third-party network failures, or similar events outside its reasonable control, except where liability cannot lawfully be excluded.
General Website information does not replace Product-specific Technical Data Sheets, Safety Data Sheets, Instructions for Use, contractual specifications, or other documentation expressly applicable to a particular Product or transaction.
Third-party services
The Website, ordering process, payment process, shipping process, or delivery of Services may involve independent third-party providers, including payment providers, couriers, freight providers, logistics platforms, hosting providers, and other technical service providers.
The Company is not responsible for an independent third party's acts or omissions where responsibility for those acts or omissions has not been assumed by the Company and applicable law does not attribute such responsibility to the Company.
This provision does not transfer to a Consumer any responsibility that mandatory law places on the Company and does not affect the Company's contractual obligations concerning services or providers selected or arranged by the Company where applicable law makes the Company responsible for them.
Transport incidents
Loss, failed delivery, damage in transit, leaking or damaged containers, and short shipments are governed by the Company's Loss, failed delivery, damage in transit, leaks, or short shipment policy and the applicable delivery terms.
The allocation of transit risk may differ between Business Buyers and Consumers and shall be determined in accordance with the applicable contractual delivery terms and mandatory law.
Rejection or discontinuation of supply
Before an order or Service has been contractually accepted, the Company may decline to enter into a transaction for legitimate commercial, technical, regulatory, compliance, availability, destination, payment, fraud-prevention, or other lawful reasons.
Once a contract has been concluded, any cancellation, suspension, refusal to perform, or discontinuation of supply by the Company is subject to the applicable contractual terms and mandatory law.
Nothing in this policy gives the Company an unrestricted right to retain payment for Products or Services that it was contractually required to supply but did not supply.
Duty to mitigate loss
To the extent required by applicable law, a party claiming loss should take reasonable steps to avoid or reduce additional loss after becoming aware of the circumstances giving rise to the claim.
This provision does not impose on Consumers any obligation or burden of proof that cannot lawfully be imposed on them.
Individually agreed terms
Where an individually negotiated written agreement expressly establishes a different allocation or limitation of liability for a particular transaction, that individually agreed provision shall prevail to the extent permitted by applicable law.
Severability
If any exclusion or limitation contained in this policy is held invalid or unenforceable, it shall be limited or disregarded only to the minimum extent necessary, and the remaining provisions shall continue to apply.
Mandatory rights
Nothing in this policy excludes, restricts, or modifies any right, remedy, guarantee, obligation, or liability that cannot lawfully be excluded, restricted, or modified.
Where the Buyer qualifies as a Consumer, mandatory consumer protection law prevails over any conflicting provision of this policy.