ALL SALES MADE IN THE STATE OF NEW SOUTH WALES, AUSTRALIA

All sales shall be deemed made in the state of New South Wales, Australia regardless of the location of the Customer. The Customer agrees that any dispute with 4D Systems Pty Ltd shall be brought by the Customer exclusively in the state or federal courts situated in the State of New South Wales, Australia..

GENERAL

4D Systems warrants that it has good title to all products it sells. In the event any section or portion of a section of these Terms and Conditions of Sale are deemed unlawful or unenforceable, that section or portion of a section shall be stricken from the Terms and Conditions of Sale, and the remaining terms shall continue in full force and effect.

TITLE OF GOODS

The goods shall remain the sole and absolute property of 4D Systems as legal and equitable owner and the Customer shall hold such goods as bailee only until such time as the Customer shall have paid the full price. The Customer shall be liable to 4D Systems in respect of any loss or damage to the goods during such bailment.

ERRORS AND OMISSIONS

4D Systems makes no representations about the suitability of this information; it is provided “as is” without warranty of any kind.

ACCURACY OF INFORMATION

We attempt to ensure that information on the 4D Systems Web Site is complete, accurate and current. Despite our efforts, the information on the 4D Systems Web Site may occasionally be inaccurate, incomplete or out of date. We make no representation as to the completeness, accuracy or currentness of any information on the 4D Systems Web Site. Information contained in this publication regarding device applications and the like is provided only for your convenience and may be superseded by updates. It is your responsibility to ensure that your application meets with your specifications.

WARRANTY INFORMATION

All products sold by 4D Systems are covered by 90 days manufacturers’ warranty that accompanies the product unless otherwise stated. 4D Systems makes no additional or independent warranty. 4D Systems does not warrant the performance, compatibility, integrity, merchantability and fitness for a particular purpose of any product, but merely passes through to the Customer whatever end-user warranty the manufacturers or software publishers provide with their respective products. In case of malfunctioning or damaged products customer will observe the following RMA procedure: 1) Customer has 90 days manufacturer’s warranty from time of possession of Products. 2) If customer reports that a 4D Systems product is not working properly, customer will collect all relevant information about the malfunction and share this information with 4D Systems technical support team. 3) Based on information provided by customer, 4D Systems shall determine whether the Product(s) can be repaired and whether it can be repaired under warranty. 4) If the Product(s) can be repaired under warranty, and this cannot be done remotely, 4D Systems will provide customer with an RMA number and ask the customer to ship back the malfunctioning item(s) for repair or replacement.

The customer is responsible for shipping the faulty units to 4D Systems. 5) Customer must send back all the malfunctioning units with the RMA number(s) clearly visible on the packaging. Packages without visible RMA numbers on the packaging will not be accepted. 6) After examining and testing the returned item(s) 4D Systems will either repair or replace the item(s) to customer at its cost and earliest convenience, but no longer than 30 days after receiving the package.

LIMITATION OF LIABILITY

The customer acknowledges and agrees that, in no event, shall 4D Systems Pty Ltd be liable, whether in contract, warranty, tort (including negligence or breach of statutory duty), strict liability, indemnity, contribution, or otherwise, for any indirect, special, punitive, exemplary, incidental or consequential loss, damage, cost or expense of any kind whatsoever, howsoever caused, or for any loss of production, cost of procurement of substitute goods, loss of capital, loss of software, loss of profit, loss of revenues, contracts, business, cost of rework, loss of goodwill or anticipated savings, or wasted management time, even if 4D Systems has been advised of the possibility. 4D Systems total liability on all claims, whether in contract, warranty, tort (including negligence or breach of statutory duty), strict liability, indemnity, contribution, or otherwise, shall not exceed the purchase price of goods or content. These limitations shall not apply where expressly prohibited by law.

GOVERNING LAW

This Agreement shall be deemed to be negotiated and executed in Sydney, New South Wales, Australia, and shall be governed by the substantive laws of the State of New South Wales and the Commonwealth of Australia.

INDEMNIFICATION

Customer agrees to indemnify and hold 4D Systems, its Board of Directors, Officers, Employees (collectively and individually) harmless from any and all claims, demands, actions, damages and liabilities, which arise out of or in any manner related to customers failure of performance hereunder. Additionally, In no event shall 4D Systems be liable to the customer or to any third party for any indirect, incidental, special, consequential, punitive or exemplary damages (including without limitation lost profits, lost savings, or loss of business opportunity) arising out of or relating to any product or service provided or to be provided by 4D Systems, or the use or inability to use the same, even if 4D Systems has been advised of the possibility of such damages.

4D Systems shall have no liability for infringement claims of any kind arising from: (i) modifications of these 4D Systems Products other than by 4D Systems; (ii) use of these Products in combination with non-4D Systems software or hardware if a claim would not have occurred but for that combination; (iii) failure to use updated or modified versions of these Products provided by 4D Systems to avoid infringement.

4D Systems” products are not fault tolerant nor designed, manufactured or intended for use or resale as on line control equipment in hazardous environments requiring fail-safe performance, such as in the operation of nuclear facilities, aircraft navigation or communication systems, air traffic control, direct life support machines or weapons systems in which the failure of the product could lead directly to death, personal injury or severe physical or environmental damage (“High Risk Activities”). 4D Systems and its suppliers specifically disclaim any expressed or implied warranty of fitness for High Risk Activities. Use of 4D Systems’ products and devices in “High Risk Activities” and in any other application is entirely at the Customers’ risk, and the Customer agrees to defend, indemnify and hold harmless 4D Systems from any and all damages, claims, suits, or expenses resulting from such use. No licenses are conveyed, implicitly or otherwise, under any 4D Systems intellectual property rights.

SHIPPING POLICY

International Customers
DHL Express: Choose this option if you require online tracking and security of your purchase. DHL offers 3 to 7 business day delivery worldwide.
Australian Customers
Couriers Please: Next day delivery service Australia wide with tracking. PO Box deliveries are available. Delivery Information

          1.    4D Systems Pty Ltd is unable to guarantee the exact delivery time of any goods ordered, however, we endeavour to always dispatch your order within 24 to 48 hours from the date that you place the order (Business days only, which exclude Saturdays, Sundays and holidays).

          2.    The delivery guidelines and estimates (above) are merely an estimated time for the average delivery to a given area. Orders may arrive sooner, or later than the estimated time shown. Please remember delivery times are given in business days and not calendar days. We are not responsible for delays beyond our control such as postal or customs delays.

           3.    4D Systems Pty Ltd reserves the right to automatically upgrade any selected method of shipping, without additional cost to you, at our discretion.

           4.    All shipping charges are based upon the weight of the goods ordered and are intended to be as fair as possible, and in some cases shipping is actually subsidized. Goods that are lost in transit and have no insurance, the customer agrees that 4D Systems Pty Ltd will not be held responsible. The customer also acknowledges that goods lost with insurance, the insurance cover may be limited.

           5.    4D Systems takes no responsibility or liability for any international (outside Australia) orders placed with 4D Systems Pty Ltd that are likely to incur import taxes or duties, sales taxes, and any other customs-related charges. Importing taxes and charges cannot and will not be quoted/predicted, and they cannot be reimbursed under any circumstances. Please undertake your own research about import regulations and taxes in your country.

PRIVACY POLICY

This privacy policy tells you how we use personal information collected at this site. Please read this privacy policy before using the site or submitting any personal information. By using the site, you are accepting the practices described in this privacy policy. These practices may be changed, but any changes will be posted. You are encouraged to review the privacy policy whenever you visit the site to make sure that you understand how any personal information you provide will be used.

COLLECTION OF INFORMATION

We collect personally identifiable information, like names, postal addresses, email addresses. If you submit information to 4D Systems by registering, purchasing one of our products or by sending us an email, we collect that information and use it for the purposes of providing you with information or advice about our goods and/or services including promotions and for processing an order by you for our goods and/or services. All emails and newsletters from this site allow you to opt out of further mailings.

COOKIE/TRACKING TECHNOLOGY

The Site may use cookie and tracking technology depending on the features offered. Cookie and tracking technology are useful for gathering information such as browser type and operating system, tracking the number of visitors to the Site, and understanding how visitors use the Site. Cookies can also help customize the Site for visitors. Personal information cannot be collected via cookies and other tracking technology, however, if you previously provided personally identifiable information, cookies may be tied to such information.

DISTRIBUTION OF INFORMATION

We may share information with governmental agencies or other companies assisting us in fraud prevention or investigation. We may do so when: (1) permitted or required by law; or, (2) trying to protect against or prevent actual or potential fraud or unauthorized transactions; or, (3) investigating fraud which has already taken place. Please be aware that other web sites that may be accessed through our site may collect personally identifiable information about you. The information practices of those third-party web sites linked to out web site are not covered by this privacy statement. 4D Systems Pty Ltd is not responsible for the privacy practices of the Web sites that it does not operate. You are solely responsible for maintaining the secrecy of your passwords or any account information. Please be careful and responsible whenever you are online. If you post personal information online that is accessible to the public, you may receive unsolicited messages from other parties in return. While we strive to protect your personal information using passwords, cryptographic protocol such as SSL and other available technologies, 4D Systems cannot ensure or warrant the security of any information you transmit to us, and you do so at your own risk. If we decide to change our privacy policy, we will post those changes on this page so that you are always aware of what information we collect, how we use it, and under what circumstances we disclose it.

COMMITMENT TO DATA SECURITY

Your personally identifiable information is kept secure. Only authorized employees, agents and contractors (who have agreed to keep information secure and confidential) have access to this information. All emails and newsletters from this site allow you to opt out of further mailings.