Terms & Conditions Warranty & After-Sales Service
- Preamble: These terms (Terms) constitute a binding agreement between Badog CNC Boyko (variously referred to as “I, We, Us, Our”) and its customers (referred to as “You, Your, Yours or the User”) that applies to all purchases of items by You. You agree not to modify or contest these terms on the form presented by Us. This document supersedes and supersedes in its entirety any prior written or oral agreements. All other terms and conditions, including those submitted by You in any order, and any communications made by Us to date are expressly excluded and shall not affect these Terms, which supersede in its entirety any prior written or oral agreements.
- INDEMNITY AND FORCE MAJEURE and LOSS OF RIGHTS: You agree to indemnify Us against any and all suits, costs, fees, expenses, payments, losses and damages arising out of Your breach or negligent performance of any term of these Terms. You agree that in the event of a breach of these Terms, You agree that Our obligations to You regarding the warranty and our contract of sale shall be suspended and any obligations You the customer has to Us shall still be valid. The place of jurisdiction is the registered office of Badog CNC Boyko (Fribourg).
- FIT FOR PURPOSE: All of our equipment is tested and calibrated by us before delivery or put in hand and corresponds to their definitions respectively in accuracy, operation, operation and use. Before ordering, it is Your sole responsibility to determine the fitness for the specific purpose of Your application and to determine whether Our products in their published definition and specifications by Us are acceptable to You, the end user, with respect to accuracy, repeatability, speed, application, price, size, compatibility, noise or any other property that You consider to be specific to Your particular application or use. You agree that requirements, definitions, specifications, tolerances, accuracies, applications that are not noted on Your invoice are not considered and cannot be considered.
- WARRANTY COVERAGE AND LIMITATIONS OF LIABILITY : You agree that Our liability for any warranty repairs shall be limited to Our sole discretion and diagnostic process. New equipment will have a 24-month warranty for manufacturing defects. It will be ‘your’ responsibility to bear the cost of sending and returning the equipment in case it needs repair. All parts which are considered to have been damaged by ‘You’ as determined by Our discretion and are not defective due to a failure of manufacture will be at ‘Your’ charge either for repair or replacement and all work involved. We reserve the right to determine the cause of fault and the original condition of the damaged items and will remain the final governing authority in each matter to determine whether the warranty is applicable and Our fault, in each case. Repairs made without our advice will void these terms and any obligation to You. You agree that any material left with Us for more than 60 days without contact by you shall be deemed to be abandoned worthless and shall not be our responsibility and may be subject to a storage rate equivalent to Our monthly MakerPro subscription. You agree that We shall not be liable for any indirect, incidental or consequential loss or damage arising out of any service related to the warranty claim in time, reputation or money. You agree to indemnify Us against diagnostic work for failures that are not covered by warranty.
- WARRANTY OR SUPPORT PROCEDURES: We do not have on-site breakdown service or telephone service, but our after-sales service is offered free of charge by email firstname.lastname@example.org. All other modes of communication are billed at our regular workshop rate of 165/h. Each warranty claim, request, question or comment is preceded by a procedure, a reflection or a logical diagnosis. Once the request is made, You may be asked to perform a series of remote diagnostic steps or answer Our diagnostic questions so that We can effectively determine the next steps and whether Your equipment is covered by our warranty or repairable. You agree that the repair time will be determined by Us and During the warranty repair,
- TITLE, RISK AND CANCELLATION: Title to the goods shall pass to You when We have received all sums due from You under it. The risk of damage or loss of the goods will pass to You at the time You take possession of the goods. Once You have placed an order, no order in accordance with these Terms may be cancelled by You except with the written consent of an authorized representative of Badog CNC Boyko and on the terms and conditions that You will indemnify in full all costs, damages, losses, fees and expenses including any loss of profit incurred by Us as a result of the cancellation. In all cases of order cancellation, all payments made by You will be used to cover Our costs in the event of loss. However, in some cases a partial refund in the form of the sum of OUR ‘parts cost’ is possible but not promised.
- SOFTWARE LICENSE TERMS: The software is provided with each machine ‘as is’ without warranty of any kind, either express or implied, including but not limited to the implied warranties of merchantability, fitness for a particular purpose, understanding or ease of use. CNC Boyko shall not be liable for any damages, including direct, indirect, incidental, consequential, loss of turnover or special damages. The Badog CAD/CAM is supplied with our machines and for subscription versions, can be renewed annually on our website or by email at the current annual rate indicated on our website.
Other: This document supersedes in its entirety any prior written, telephone, email or oral agreements. Payment terms is 30 days unless otherwise stated in the invoice. It is impossible to purchase Our products without agreeing to these terms. Unless stated on the invoice, all Our products are for professional use and not for private use. You agree that open unpaid invoices suspend Our obligations with respect to after-sales service, warranty and to return Your equipment in the event of a warranty initiation.
These terms and conditions are subject to change at any time, please check our Badog.ch website for the latest updates to the warranty and terms of sale. These Terms shall be governed by and construed in accordance with the laws of Switzerland and subject to the non-exclusive jurisdiction of the courts of Switzerland and specifically Fribourg.