1a. 5AXISWORKS warrants to the Buyer that for 12 months from the date of delivery the Goods will (a) be free from material defects caused by poor workmanship or faulty materials; and (b) conform to their published specification in effect at the date of shipment. Under this warranty, the 5AXISWORKS’s liability shall be limited solely to delivering replacement goods, making good such defective Goods or issuing a credit note (for any monies already paid to the 5AXISWORKS in respect of the Goods) at the 5AXISWORKS’s option provided that:

i.     the Buyer notifies the 5AXISWORKS in writing within 14 days of discovering such defects;

ii.     the defective Goods or a representative sample are returned to the 5AXISWORKS for inspection at the Buyer’s expense; and

iii.    the 5AXISWORKS determines that the Goods affected are non-conforming with the above warranty and were not damaged as a result of misuse, neglect, accident, improper storage, installation, handling or repair or any other reason which is not attributable to the 5AXISWORKS.

iv.    The Buyer shall pay to the 5AXISWORKS the cost (as certified by the 5AXISWORKS) of any examination and investigation of returned Goods where in its reasonable opinion the 5AXISWORKS does not believe that such Goods are defective.

1b.     The warranty in Condition applies only to Goods which have been purchased through authorised sales channels.

Warranty (Below section 2a. applies only to our CNC Machines)

2a.   Scope

5AXISWORKS products are designed and manufactured in the UK to the highest quality standard. However, if something does go wrong with a product, 5AXISWORKS will repair or replace such product in accordance with this warranty policy. This warranty (the “Warranty”) applies to all new 5AXISWORKS Product (CNC Machines and Parts) sold by 5AXISWORKS or one of our authorised distributors. Proof of purchase is required to validate the warranty

2b.  Coverage

The Warranty covers:

·         Any failure of a Product, under normal use and service, which results solely from a defect in material or workmanship except for consumables (end-mills, milling stock, filament).

The Warranty does not cover:

·         Any parts damaged through misuse; any parts that become worn or damaged through general wear and tear and the software.

The warranty does not cover:

any non-5AXISWORKS hardware products or any software, even if packaged or sold with 5AXISWORKS hardware. Manufacturers, suppliers, or publishers, other than 5AXISWORKS, may provide their own warranties to the end user purchaser, but 5AXISWORKS in so far as permitted by law, provides their products “as is”. Software distributed by 5AXISWORKS with or without the 5AXISWORKS brand name (including, but not limited to system software) is not covered under this Limited Warranty. Refer to the Terms and Conditions for the software for details of your rights with respect to its use.

This warranty complements any national or regional law obligations of dealers or national distributors.

If the Company accepts responsibility for a warrantable Failure, its sole and exclusive liability shall be to pay for

·         Reasonable transportation costs to transport the Product to a suitable repair facility, designated by the Company

·         All parts and labour needed to repair the Product (or at the Company’s option replace the defective Product)

·         Any reasonable transportation costs to return the repaired or replacement Product to the owner (via sea/air freight if outside Europe).

2c.   Warranty Period

The Warranty period for any Product is 15 (fifteen) months from the date of despatch by the Company or 12 (twelve) months from the date of installation, whichever occurs first (“Warranty Period”).

Distributors have 3 months to hold stock before warranty starts i.e., if they sell a product 12 months after receiving it in stock, there will only be 3 months warranty remaining.

Any repaired or replaced Product shall benefit from the same Warranty with the warranty period being the remainder of the original unexpired Warranty Period. If the repaired product is already out of Warranty, the replacement parts shall benefit from the standard spares warranty of 3 months to cover for any issues arising from workmanship.

2d.       Owner’s Obligations

To set up and use the product according to the instructions.

2e.       How to claim repairs under the Warranty

Should you have any concerns regarding the performance of your product, please use the following procedure:

Contact the 5AXISWORKS representative you originally purchased your product from. If you are unable to contact your local 5AXISWORKS representative then please contact the support team via our website with the description of the Product, the serial number of the Product, full particulars of the defect, the date of purchase, date of installation, and the reasons why the owner holds the Company responsible for failure.
You should not return the Product to 5AXISWORKS unless you are requested to do so.
To validate your warranty, you will need to produce the original sales invoice/proof of purchase or other proof of ownership and date of purchase.
·         The “Claim” must be made within 28 (twenty-eight) days of the Warrantable Failure occurring.

2f.       Suspension of Warranty

The Warranty shall be suspended automatically if the Product is not stored, installed, operated, and maintained in compliance with the service instructions

2g.       Limitations and Exclusions

5AXISWORKS’s liability for a Warrantable Failure shall be fully discharged by either repair or replacement of the Products as stated above, and in any event, shall not exceed the unit price of the affected Products. 5AXISWORKS is not responsible for the loss of profits, downtime, property damage, loss of revenue, loss of business, indirect or incidental losses or damage. Also, 5AXISWORKS do not guarantee, represent, or warrant, that use of 5AXISWORKS products will be uninterrupted, timely or error-free.

5AXISWORKS will not be responsible for any Warrantable Failure which results from:

·         abuse, neglect, or accidental damage

·         misapplication

·         normal wear and tear

·         unauthorised repair, servicing, or alterations

·         damage caused in transport (unless arranged by the Company)

·         improper storage or failure to install, commission, operate or service the Products in accordance with the 5AXISWORKS’s published manuals.

Warranty service procedure is performed by 5AXISWORKS technician from 5AXISWORKS premises, no on-site service is provided. The fault will be diagnosed through a video call, and if possible, repairs performed. If repairs require replacement parts these will be shipped at the earliest convenience of 5AXISWORKS. Follow up video call may be required to provide instruction for replacement part installation.

Exclusions from and Limitations to Warranty

This Limited Warranty applies only to hardware products manufactured by or for 5AXISWORKS that can be identified by the “5AXISWORKS” trademark, trade name, or logo affixed to them. The Limited Warranty does not apply to any non-5AXISWORKS hardware products or any software, even if packaged or sold with 5AXISWORKS hardware. Manufacturers, suppliers, or publishers, other than 5AXISWORKS, may provide their own warranties to the end user purchaser, but 5AXISWORKS in so far as permitted by law, provides their products “as is”. Software distributed by 5AXISWORKS with or without the 5AXISWORKS brand name (including, but not limited to system software) is not covered under this Limited Warranty. Refer to the Terms and Conditions for the software for details of your rights with respect to its use.
5AXISWORKS does not warrant that the operation of the product will be uninterrupted or error-free. 5AXISWORKS is not responsible for damage arising from failure to follow instructions relating to the product’s use.
This warranty does not apply: (a) to damage caused by use with non-5AXISWORKS products; (b) to damage caused by accident, abuse, misuse, flood, fire, earthquake, or other external causes; (c) to damage caused by operating the product outside the permitted or intended uses described by 5AXISWORKS; (d) to damage caused by service (including upgrades and expansions) performed by anyone who is not a representative of 5AXISWORKS; (e) to a product or part that has been modified to alter functionality or capability without the written permission of 5AXISWORKS; (f) to consumable parts, unless damage has occurred due to a defect in materials or workmanship; (g) to cosmetic damage, including but not limited to scratches, dents; or (h) if any 5AXISWORKS serial number has been removed or defaced. 5AXISWORKS’ RESPONSIBILITY FOR HARDWARE DEFECTS IS LIMITED TO REPAIR OR REPLACEMENT SERVICE AS DETERMINED BY 5AXISWORKS IN ITS SOLE DISCRETION.

Disclaimer of Warranties; Limitation of Liability

Except as explicitly provided in these Terms, we do not guarantee, represent or warrant that your use of our service or any 5AXISWORKS product will be uninterrupted, timely, secure or error-free. We do not warrant that the results that may be obtained from the use of the service or the product will be accurate or reliable. You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you.
You expressly agree that your use of, or inability to use, the service is at your sole risk. The service and all products and services delivered to you through the service are (except to the extent otherwise expressly stated by us) provided ‘as is’ and ‘as available’ for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.

All express and implied warranties, including but not limited to any implied warranties and conditions of merchantability and fitness for a particular purpose, are limited in time to the term of this limited warranty. No warranties, whether express or implied, will apply after the expiration of the limited warranty period.No 5AXISWORKS reseller, agent, or employee is authorized to make any modification, extension, or addition to this warranty. If any term is held to be illegal or unenforceable, the legality or enforceability of the remaining terms shall not be affected or impaired.

Except as provided in this warranty and to the extent permitted by Law, 5AXISWORKS is not responsible for direct, indirect, special, incidental or consequential damages resulting from any breach of warranty or condition or any other reason, or under any other legal theory, including but not limited to loss of use; loss of revenue; loss of actual or anticipated profits (including loss of profits on contracts); loss of the use of money; loss of anticipated savings; loss of business; loss of opportunity; loss of goodwill, loss of reputation; damage to or corruption of data; or any indirect or consequential loss or damage howsoever caused, including the replacement of equity and property, any costs of recovering, programming, or reproducing any program ornate stored or used with 5AXISWORKS products and any failure to maintain the confidentiality of data stored on the product.

Obtaining Warranty

Please access and review the online help resources referred to in the documentation accompanying this hardware product before requesting warranty service. If the product is still not functioning properly after making use of these resources, please contact 5AXISWORKS at info@5axismaker.com. You must assist in diagnosing issues with your product and follow 5AXISWORKS ‘ warranty processes.
Service options, parts availability, and response times may vary. Service options are subject to change at any time. In accordance with applicable law, 5AXISWORKS may require that you furnish proof of purchase details and/or comply with registration requirements before receiving warranty service. Please refer to the accompanying documentation for more details on this and other matters on obtaining warranty service.
5AXISWORKS will maintain and use customer information in accordance with the 5AXISWORKS Privacy Policy. The contents of your product will be deleted and the storage media reformatted in the course of Warranty Service.Your product will be returned to you configured as originally purchased, subject to applicable updates.

Indemnification

You agree to indemnify, defend and hold harmless 5AXISWORKS and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.

Severability

In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.

Termination

The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.
These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Service, or when you cease using our site.
If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Service (or any part thereof).

Miscellaneous Terms

ENTIRE AGREEMENT
These Terms of Service and any policies or operating rules posted by us on this site or in respect to The Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service). The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision. Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.

CHANGES TO TERMS OF SERVICE
You can review the most current version of the Terms of Service at any time at this page. We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.

APPLICABLE LAW
To the maximum extent permitted by law, These Terms of Service and any separate agreements whereby we provide you Service or products shall be governed by the laws of England and Wales.

FORCE MAJEURE
Neither party shall be responsible for failure or delay of performance if caused by: an act of war, hostility, or sabotage; Force majeure; electrical, internet, or telecommunication outage that is not caused by the obligated party; government restrictions (including the denial or cancellation of any export or other license); or other event outside the reasonable control of the obligated party. Each party will use reasonable efforts to mitigate the effect of a force majeure event.

ACTIONS PERMITTED
Except for actions for non-payment or breach of a party’s proprietary rights, no action, regardless of form, arising out of or relating to the Agreement may be brought by either party more than one year after the cause of action has accrued.

RELATIONSHIP OF THE PARTIES
5AXISWORKS and you agree that no joint venture, partnership, employment, or agency relationship exists between you and 5AXISWORKS as a result of these Terms of Service or your use of the Service or purchase of any product.

SEVERABILITY
If any part of these Terms of Service is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of these Terms of Service shall continue in effect.

ENTIRE AGREEMENT
Unless otherwise expressly stated herein, these Terms of Service constitute the entire agreement between you and 5AXISWORKS with respect to the Service and any product you purchase from 5AXISWORKS and supersedes all prior or contemporaneous communications, proposals and agreements, whether electronic, oral or written, between you and 5AXISWORKS. 5AXISWORKS objects to and rejects any additional or different terms proposed by you, including those contained in your purchase order, acceptance or website. 5AXISWORKS’ failure to object elsewhere to any provisions of any subsequent document, communication, or act of you shall not be deemed a waiver of any of the terms hereof. 5AXISWORKS’ obligations hereunder are neither contingent on the delivery of any future functionality or features of the Service nor dependent on any oral or written public comments made by 5AXISWORKS regarding future functionality or features of any product.

ASSIGNMENT
You will not assign or transfer your rights and obligations under these Terms of Service, including any assignment or transfer by reason of merger, reorganization, sale of all or substantially all of its assets, change of control or operation of law, without 5AXISWORKS’ prior written consent. 5AXISWORKS may assign or transfer this agreement to any successor.

EXPORT
You agree to comply with all applicable export/import laws.

AUTHORITY
You represent and warrant to you have full power and authority to enter into any agreement to purchase a product under these Terms of Service and that these Terms of Service are binding upon you and enforceable in accordance with their terms.

Contact Information
Questions about these Terms of Service should be sent to us through info at 5axismaker.com