Terms of service
1. TRAINING
After purchase, CobraFlex or its Dealers will provide training on proper operations and common practices and a digital user manual or user's guide and training for the proper operation of the equipment listed in this document, hereinafter “Machine”. CobraFlex will train you on the proper printer operation of the machine and provide you with a training checklist, maintenance, and replacement of consumable parts. Customers not participating in the training will void any warranties.
In addition, CobraFlex will provide the Customer with All instructions, in adherence to the proper operation of printer consumables; and proper handling of the end product created by the Machine; it will be the Customer’s responsibility to properly operate and adhere to instructions as well as provide proper handling instructions to the end-user of the products created by the machine. Please see (Section 4, Liability), below.
2. SERVICE
CobraFlex will provide remote (not onsite) service support for the Machine for “12 months” with an optional “12 months” (with an extended warranty package see your dealer) after the installation date on printer mechanisms and components covered by the limited warranty. Customers have the option of purchasing an extended service warranty after the initial warranty expires. We will try to complete remote services as quickly as possible, (callbacks typically within 6 hours). We are not responsible for delays caused by factors beyond our control, including but not limited to manufacturer’s delays, shipping to a regional service facility, or acts of God. Our support hours are Monday through Friday 8 am – 5 pm PST emergency and after-hours support can be scheduled on the help desk or from CobraFlex if needed and is dealt with on a case-by-case basis. After the “12 or 24 months” install date, remote service will be billed to the customer at CobraFlex standard rate. The warranty does not cover any onsite services or travel-related expenses to the customer site. On-Site repairs that require technicians to travel to perform repairs or services, please contact CobraFlex for pricing and costs related to travel. All on-site repairs must be paid for at the time of service. Any travel expenses must be paid for prior technicians leaving CobraFlex. No payment terms will be given. NO EXCEPTIONS.
Service and support is strictly tied to the use of only CobraFlex-approved inks and chemicals for 24 months. Using third-party inks and chemicals will void your warranty. NO EXCEPTIONS. We cannot guarantee the performance of other equipment if we don’t know what chemicals are being run through it for that reason service is billed at our standard rates if a customer chooses to use 3rd party chemicals or products on or in CobraFlex equipment.
3. LIMITED WARRANTY
CobraFlex warrants to the Original Purchaser of the machine against defects in material and workmanship, except for wear and tear, and except for consumable parts for “One or Two Years” from the date of original purchase. During the warranty period, we will substitute, repair, or, at our option, replace any parts covered by the limited warranty. The limited warranty covers 1 print head prorated for 12 months from the date of installation. The warranty of the print head does not go against head clogging because of head drying out. The Wet Cap and cleaning procedure mut be used on a daily basis.
For example, if your machine is installed on January 1, 2022, you will have until December 31, 2022, for one print head to be replaceable at a prorated amount. The one print head will be prorated per month from the install date. Please contact CobraFlex for the prorated amount based on your model print head. The bad print head and any replaced parts covered by the warranty must be returned to CobraFlex at the customer’s expense within 30 days of the replacement head or parts being sent out.
If the customer does not return the print head or parts, they will be responsible for the entire retail cost of the replacement print head or parts. The one-prorated print head will be sent out to the customer via ground shipping at no cost. Any additional print heads are not covered under the warranty. NO EXCEPTIONS. The print head is replaceable once for the first year and coverage ends after 12 (twelve) months.
Full tests on the print head will be conducted and if it’s deemed it’s clogged because of improper maintenance or use or head strike damage, the customer will be responsible for the expenses related to repairing.
The limited warranty does not cover consumable items due to normal wear such as dampers, filters, sensors, valves, pump/capping stations, ink, ink lines, ink train, encoder strip head carriage and anything that comes in contact with ink or capping station does not apply if the product has been damaged by accident or misuse, forces of nature or as the result of service or modification performed by anyone other then a certified CobraFlex service Tech. The print head is not covered if the head is damaged by the result of the head surface hitting the media. The limited warranty does not cover or provide service support for any defects or damages or failure to the printer or any of its components, or accessories ET all, caused by or resulting from:
a. Extended downtime of over 1 week. At this point you must completely flush the printer and leave the cleaning solution in the ink path. Although the use of the wet cap system prevents the print head from drying and clogging, the ink has inherent pigments that start to settle all through the printer over time.
It is in your best interest to contact us and completely flush out your printer if it will be unused for more than 2 weeks. Failure to flush out your printer will be considered neglect and improper or inadequate maintenance which is not covered under any warranty.
b. Improper site preparation or site conditions that do not conform to machine site specifications.
c. Improper use or operation outside of the Specifications for the Product.
d. Unauthorized modification.
e. Unauthorized maintenance or repair other than operator maintenance or warranty repair with the help desk
f. Abuse, neglect, improper use or maintenance, accident, fire or water damage, electrical disturbances, loss, or damage in transit, work, or modification by people or other than CobraFlex employees or subcontractors, or other causes beyond CobraFlex control.
g. Use of non-CobraFlex media, ink, supplies, and other products.
h. Customer or third party supplied software, interfacing, or supplies,
i. Improper established communication between the machine and the customer's chosen computer. Please refer to the product specifications to fully understand the system requirements of your computer system to adequately run the machine.
j. Operators not properly trained and certified can cause damage to your printer. Ensure every operator is trained with a training certification on file with CobraFlex. Failure to properly train your users or employees will leave you exposed to damage to your printer that is not covered under warranty.
k. CobraFlex LLC. has a very professional support staff which is eager to help you and we want to keep it that way and fully support our staff. We adhere to strict abuse policy on any type of abuse or threats. If you abuse your support person with foul language, cursing, threats or some other harm we reserve the right to cancel your service and all warranties in this document would be voided.
l. Moving the equipment. If you move the equipment and do not notify CobraFlex or its dealer your warranty will be voided immediately you must follow a proper shut down and start up.
4. LIABILITY
The customer accepts 100% responsibility for properly notating any and all receiving remarks on the BOL, especially damage to the shipment at the time of delivery. Any damage upon receival is required to be documented to the driver before the driver leaves, and must be informed in writing with photos, to the Dealer immediately. The customer understands that any undocumented damage or potential damage, may not be covered by CobraFlex or their Dealer. CobraFlex and its Dealers do not offer a guarantee on delivery claims if all information is not properly provided and documented and may result in the customer being responsible for a portion or the entirety of replacement costs.
CobraFlex, its affiliates, subcontractors, suppliers, subsidiaries, or agents are released from any liability in connection to, consequential, incidental, or special damages, including but not limited to damages for bodily injury or harm caused by the printer, damages for bodily injury or harm caused by the operation of the printer and or use of consumables (i.e., adhesives powders or ink), damages for bodily injury or harm caused by the end product created with the printer and, or the consumables ( i.e., white inks adhesives, CMYK, or fluorescent ink), loss or damages to the property of the Customer, facility proprietor, or the end user of the products created by the machine, damage or loss due to improper adherence to all supplied instructions, loss of use, loss of business, downtime costs or loss of profits, charges for time and effort, damages relating to Customer's procurement of substitute products or services (i.e., "cost of the cover"); or damages for loss of data, software restoration, or any other legal theory. CobraFlex does not imply a warranty on our products for any particular purpose; it is up to our users to fully identify and test to ensure our products are right for you. CobraFlex is not responsible for the application of all products. There are recommendations on our website. It is the responsibility of the customer to test products prior to selling.
5. RETURNS
All sales are final, and down payments are non-refundable. Once an order for a DTF printer or accessory machine is placed and confirmed, it is considered final. Due to the complex and customized nature of DTF machinery production, we do not accept cancellations or returns under any circumstance. This includes, but is not limited to, dissatisfaction with the product, changes in business needs or finding an alternative supplier.
While returns and cancellations are not permitted, we stand behind the quality and reliability of our machines. We offer a limited warranty, see 3. LIMITED WARRANTY for details. We do have a DOA on defective parts. We have a DOA (Dead on Arrival) period of 10 business days after installation starting when the customer signs off on the printer. This means that if the product you purchased dies or parts fail, we will cover ground shipping to replace the product or parts. After 10 business days, the customer is responsible for the shipping charge per the warranty agreement. It is the customer's responsibility to get the parts back to CobraFlex Printers safely. The warranty does not cover parts damaged in shipping due to inadequate packing.
6. DISPUTES AND ATTORNEYS FEE’S
If a dispute arises between Cobraflex (including but not limited to Cobraflex’s employees, owners, Dealers, affiliates, subcontractors, affiliates, supplies, subsidiaries, and agents) and a purchaser of any machine or supplies, attorneys’ fees are only recoverable by the prevailing party. If the purchaser fails to succeed on any claim in contract or in tort, purchaser shall be responsible for the attorneys’ fees and costs of Cobraflex (including the attorneys’ fees and costs of Cobraflex’s employees, owners, Dealers, affiliates, subcontractors, affiliates, supplies, subsidiaries, and agents).
7. CONDITIONS OF SALE
7.1 Buyer and Seller agree that the following terms and conditions constitute full and complete agreement between Buyer and Seller with respect to this transaction. These terms and conditions may only be modified by written document signed by both parties. Products received by Buyer from Seller shall be deemed to have been delivered only upon the terms and conditions contained in this document.
7.2 The prices quoted are exclusive of any present or future federal, state or local taxes. Any such tax will be added to the price and paid by Buyer. NuCoat is happy to accept all major credit cards, however, as of October 1, 2015, a credit card purchase fee of 3.5% will apply to orders above $3000, multiple credit card payments under $3000 for orders above this dollar amount are not accepted.
7.3 All sales are final. In the event a product return of unused and unopened product is authorized, a 25% restocking fee will be applied.
7.4 All custom material orders (defined as anything unique to a customer need) are non-cancelable. The total order quantity is subject to a +/- 8% adjustment at NuCoats discretion.
7.5 Interest is charged on past due accounts at 2% per month. Payment on this fee may not be applied to an open balance.
7.5 Seller shall not be liable for any expense, loss or damage resulting from any delay or prevention of performance not excluding causes by fires, floods, acts of God, strikes, event of any such delay, production time shall be extended by a period of time equal to the time lost.
7.6 NuCoat will exercise all efforts to deliver product within a reasonable time. Due to our on demand manufacturing, NuCoat does not offer guaranteed delivery options.
7.7 Seller warrants that title to the goods sold to Buyer is free of defects and is in conformity with Seller's standard specifications for the goods sold hereunder. SELLER AND BUYER AGREE THAT IN CONSIDERATION OF THE EXPRESS WARRANTY ABOVE, ALL OTHER WARRANTIES, EITHER EXPRESSED OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE ARE EXCLUDED FROM THIS CONTRACT. The sole and total liability of Seller and the exclusive remedy of Buyer arising out of the sale or furnishing of goods hereunder or their use, whether arising under warranty, tort (including negligence), strict liability or otherwise, shall not exceed the price of the goods sold hereunder. In no event shall Seller be liable for any special, incidental or consequential or liquidated damages. All claims must be made within thirty (30) days after receipt of the goods by Buyer.
7.8 Goods sold hereunder are sold F.O.B. Seller's facility. Title to and risk of loss to the goods sold hereunder shall pass to Buyer or common carrier at point of origin. Seller reserves the right to ship from any factory or shipping point and to select routing.
7.9 The sale shall be governed by the laws of the Commonwealth of Minnesota. Any claims arising out of this sale or the furnishing of goods hereunder shall only be instituted in the state or federal court having jurisdiction over Seller's business office located in Plymouth, Minnesota.
7.10 In the event the seller incurs additional shipping expenses due to international shipping preparations, the seller reserves the right to pass along these expenses to the buyer.
7.11 Any legal work required by the seller to enforce this contract or to collect past due receivables will be the financial responsibility of the buyer.
8. TERMS OF SERVICE: SUBMISSION OF CONTENT FOR PRINTING
By submitting content (including but not limited to images, designs, or text) to NuCoat for printing, you agree to the following terms:
8.1 OWNERSHIP & PERMISSIONS You affirm that you own or have obtained all necessary rights, licenses or permissions to use, reproduce and distribute the content you submit. You acknowledge that it is your sole responsibility to ensure the content does not infringe upon any copyright, trademark, privacy rights or other proprietary rights of any third party.
8.2 PROHIBITED CONTENT You agree not to submit content that: i) violates any applicable local, state or federal Laws, 2) contains copyrighted materials for which you do not have proper authorization, and iii) is offensive, defamatory, obscene or promotes hate speech.
8.3 LIMITED LIABILITY NuCoat operates as a service provider and does not assume responsibility for verifying the legal ownership or authorization of submitted content.
In the event of a legal dispute or claim regarding the content you submit, you agree to indemnify and hold NuCoat, its owners, employees and agents harmless from any and all claims, damages or liabilities arising from the use of such content.
8.4 RIGHTS TO REFUSE SERVICE NuCoat reserves the right to refuse to process orders that deems, its sole discretion to violate these terms or pose a risk of legal liability.
8.5 COMPLIANCE WITH INTELLECTUAL PROPERTY LAWS While NuCoat will make every effort to adhere to intellectual property laws, it is your responsibility as the customer to ensue the legality of the materials submitted for reproduction. If NuCoat is notified of alleged copyright infringement, we reserve the right to pause or cancel the order until the matter is resolved.
8.6 CUSTOMER WARRANTIES By placing an order, you warrant that: i) you have the legal right to submit the content of reproduction, and ii) you will not hold NuCoat liable for any misuse of reproduced materials.
8.7 RECORD-KEEPING & AUDITS NuCoat may retain a copy of your order for quality control and record-keeping purposes but will not use your submitted content for any purpose other than fulfilling your order.
8.8 DISPUTE RESOLUTION Any disputes related to the content you submit or these terms will be resolved through mediation or arbitration in accordance with the laws of the ship-to State/Region.