Corporate Social Responsibility
Corporate Social Responsibility
PodoPrinter BV recognized that to succeed in today’s global marketplace, corporate social responsibility must be embedded in the way we do business. It is our vision to integrate the environmental, social, and economic dimensions of sustainability into our core business strategy by ensuring that throughout our business we have a deep understanding of the megatrends that will affect our company, and society at large, for the next several decades. Our response to these megatrends must be integrated into our business’s processes, tools, and priorities.
These megatrends should not be seen as a threat, but seen as an opportunity to adapt, change and grow our business. We will integrate sustainability into our company DNA by linking it to our core strategy of material development and increasing our B2B reach. It expresses the way we think, behave and act on sustainability – every day, again and again. We are proud to say that we have a Corporate Social Responsibility policy which support the 17 interlinked United Nations global goals designed to be a “blueprint to achieve a better and more sustainable future for all”.
We acknowledge that to achieve long-term sustainable social responsibility we need to work with suppliers, employees, partners and always be customer centric. We describe sustainable social responsibility as a journey for our business that requires continuous learning, adaptation, and improvement of our basic business processes and our response to the priorities of our diverse stakeholders. We are working to optimize our impact, re-evaluate our priorities, and ensure that we are viewing our core business strategy through the lens of social responsibility.
We organize the Corporate Social Responsibility around 6 core subjects:
- 1.#Respect for the Environment
- 2.#Role in the Society
- 3.#Our Company Values
- 4.#Customer Relations
- 5.#Responsible Employer
- 6.#Fair Business Practices
The company values “Eager to learn”, “Passionate” and “Brave” very early shaped PodoPrinter. Thus leading to its successes. This history of successes and the values on which it rests will also shape us in the future. We will master our challenges how big or small they are whilst living these company values in mind and heart.
1. #Respect for the Environment
1.1 Policy
Sustainable Resource Use: we will continuously strive for reduced energy consumption, waste reduction, less water usage and sustainable development of our environmental footprint. We will ensure our waste will be separated and re-used where possible. We will promote a circular economy and drive continual improvement through the implementation of energy management systems.
Climate Change Mitigation and Adaptation: we will prevent and reduce our greenhouse gases emissions CO² continuously by using solar panels, electrify our car fleet and likewise means.
Prevention of Pollution: we shall store hazardous and combustible materials in safe, secure and ventilated areas in such a manner that they cannot escape or be accidentally released into the environment. Incompatible materials should be stored separately. All waste shall be stored to prevent its escape to the environment and disposed of in a safe and legal manner. We will make provisions for notifying the local community / authorities in case of accidental discharge or release of hazardous materials into the environment, or in the case of any other environmental emergency.
Compliance with Applicable Laws: we will comply with all applicable environmental laws, regulations, permits and standards that apply to our business.
1.2 Goal
We strive to reduce our impact on the environment by continuous improvement of our practices around natural resources. Using natural resources more efficiently, we all can live healthier lives, save money and respect the limits of the planet. Objective is to obtain DIN EN ISO14001 (Standards Environmental Management) and ISO50001 (Standards Energy Management) in our company.
2. #Role in the Society
2.1 Policy
We believe that politics are responsible for a sustainable development of the well-being of people living in a weak environment but that companies have a responsibility as well. Because of that, we will work with local administrations and organizations to achieve community goals. We are careful not to trade for short-term profit, but always to keep an eye on the long-term nature of our actions. This is very important to us, whether in the area of the environment and sustainability, in dealing with the resources of the company or in the area of our social commitment.
Future innovators: Help nurture and inspire the next generation to develop skillsets within areas such as 3D technology, engineering craftmanship, material development and CAD/CAM design. We aim to do that by sharing expertise, inviting them to our premises, host events, making our company resources available for clinics and working with research institutes, schools and universities.
Charities and sponsoring: Our projects need to be charitable. Charitable means that the project funds/project resources need to benefit several people and not just a single person. A project is charitable, if a great amount of people benefits from the project and additional donations/earnings, if existing, are used only/exclusively for the project.
Social Projects: We know that we cannot solve all problems at once but that it is important to achieve little improvements constantly. We see ourselves as committed and responsible corporate citizen. As part of its socio-political responsibility, we are committed to non-profit institutions, projects and activities. As a value-based family business, we want to take on responsibility in the social sphere in the context of our social projects. We focus on supporting local communities with our CSR actions. Our commitment does not support a single person, but a community such as organizations for needy families, children and the elderly. We encourage individual employees to active, solidarity-based action. All employees are given the opportunity to contribute within the social projects. Not only can they suggest social projects every year, a participation of our employees within social projects is strongly recommended.
When donations are made, they are bound by criteria. In principle, the following criteria apply to the awarding of donations:
- Neediness
- Lasting impact
- Transparency, that is, the recipient and concrete purpose must be known; the purpose-built use of the donations will be trolled;
- No party donations;
- No grant to organizations or entities that do not have universally accepted goals.
2.2 Goal
We understand that our actions and vision play a foundational role in ensuring the success of future generations. Progress requires that we invest in the regions and locations where we operate, building healthy, resilient communities. We provide financial and societal benefit to our communities through employment, direct and indirect economic stimulation from our business activities, as well as charitable giving and social responsibility initiatives.
Social projects mean much more than just product donations or financial support. We want to engage in projects together with our employees and support volunteer organizations or clubs nearby. This means that we want to become active in areas where we as PodoPrinter expertise is in demand. Our goal is to improve the wellbeing of those in need with a long-term impact.
We ask our employees to develop initiatives to support the „Corporate Citizenship” subject.
3. #Our Company Values
3.1 Policy
Eager to learn
Across different fields of departments, our employees are connected with one another and work as one team, as one corporate entity. This is both for the benefit of our customers and of each individual – for their combined success – and it likewise means optimizing all operations at our company. We want to learn how our customers’ business operates, their needs, their challenges and can provide exactly the right solution at the right time. We want to improve ourselves by learning how to be more sustainable and act more responsible for our environment. We accept consequences from our deeds and are eager to learn from success and failures.
Accepting responsibility plays an essential role in our corporate culture. We are keen to work not only for short-term profit but always to keep in mind the long-term consequences of our actions. That is important for us, whether in the field of the environment and sustainability, when considering the company’s resources as well as where our social commitment is concerned.
As an employee of our company:
- You’d like to learn
- You’re trying to understand what drives us
- You contribute effectively outside of your field
- You enable our customers to maximize their creative potential
- You are looking for simple and practical solutions to complex problems
- You put forward new ideas and break the status quo
Passionate
We get things done. Achieve our objectives, fully dedicated, every day. That is what makes the employees of PodoPrinter a force you can trust.
Where markets change, where new trends emerge and customer requirements –change – we are not only on the scene but always a step ahead. We perceive trends as opportunities. For that reason, we have taken it upon ourselves to digitalize our company and have entirely transformed it within a short space of time. With digital equipment for our sales experts, customer-orientated online sales channels and optimized purchasing and material research & development management, we can reach our customers easily, wherever they are.
As an employee of our company:
- You inspire others with your pursuit of operational excellence
- You are fully committed to making the customer successful
- You celebrate victories with usYou’re t
- enacious
Brave
Courage makes us accept mistakes, dare to undertake something new and achieve our goals together.
We firmly believe that we can only make our customers more successful if we strive for new things and stay in step with the times. Our employees are thus working on new ideas and innovations for our products and solutions every day. Anyone who tries something new may sometimes fail. But this does not scare us, because only the brave will succeed. Thus our motto is always: be brave!
As an employee of our company:
- You say what you think, even if it is controversial
- You are responsible and show ownership
- You are not asking for permission, but for forgiveness
3.2 Goal
Our values empower us to face up to and overcome the challenges of today. They are at the heart of our corporate culture and how we do business every day.
We ask all our employees to live the Company Values as they are at the heart of who we want to be.
4. #Customer Relations
4.1 Policy
Fair Marketing: We will provide education and accurate information, using fair, transparent and helpful marketing information.
Protecting Customer Health & Safety: We will minimize risks from the use of products, through design, manufacturing excellence, damage free distribution, correct and complete information provision, and if needed, provisional recall procedures.
Customer Data Protection: We ensure that we have all insights, processes and systems in place, to successfully be compliant to the EU General Data Protection Regulation (the GDPR). We will limit the collection of personal data to information that is either essential for the provision of products and services or provided with the informed and voluntary consent of the customer. We will only obtain data by lawful and fair means. We will protect personal data by adequate security safeguards.
Product Compliance: We will ensure that customer specific requirements on product safety are fulfilled. Materials supplied will not contain any substance which are prohibited by legislation or regulation applicable in the country of operation. We will review appropriate restricted substance lists and inform our customers of any substances that are prohibited or declarable when contained in material supplied. We will take care, that we will be compliant to all applicable product safety laws, regulations, permits and standards that apply to our business and customers.
Innovation: For the benefit of our customers we carry out innovative research in our certified laboratories daily. We encourage process optimization to improve customer margins through innovative specialist chemicals, right up to high-quality consumables, tools, lubricants and cleaning agents for maintenance, repair and servicing. We support a companywide idea management processes to trigger product and service innovation.
ISO Certifications: Our customers appreciate our companies to have specific ISO certification. Where possible and applicable the ISO 9001;2015 Quality Management System, ISO14001 Environmental System, ISO50001 Energy Management. We strive to obtain and maintain these certifications overtime.
4.2 Goal
We will ensure that our customer requirements are met, and that we are prepared for upcoming market trends. We will adapt and follow all applicable laws. We will monitor and take actions to keep always a one step ahead.
We ask all our employees to be customer centric in every way possible. We expect leaderships teams to manage & steer product and process compliance, facilitate all needed resources.
5. #Responsible Employer
5.1 Policy
Working Conditions and Labor Standards: we comply with all applicable international conventions and national laws regarding working conditions and labor standards.
We ensure that the same conditions are applied to all of our workers including temporary and workers who are employed through labor agencies.
Discrimination and Harassment: we will comply with all local laws and regulations regarding unlawful discrimination. We will not discriminate directly or indirectly against our employees in practices related to hiring, compensation, access to training, promotion, termination or retirement or any other operational activity based on their race, caste, national origin, religion, age, disability, gender, marital status, sexual orientation, union membership, political opinion or affiliation, or HIV/AIDS status or any other characteristics that might give rise to discrimination.
Employee Wellbeing: we will provide safe and accessible drinking water for all workers and allow reasonable access to sanitary toilet facilities throughout the working day. A safe and sanitary place shall be provided for workers’ break periods and, if appropriate, sanitary facilities for food storage shall be provided. Where accommodation is provided for workers, conditions should be in accordance with legislation.
Employee Satisfaction: we will frequently ask our employees how they feel and think about their workplace, leadership and the company. The results will be reviewed, and corrective action taken where possible.
Health & Safety Compliance with Applicable Laws: we will comply with all applicable laws regarding working conditions, including worker health and safety, hygiene and sanitation, fire safety, risk protection, and electrical, mechanical and structural safety, by implementing a structured health and safety management system.
Health & Safety Management Commitment: we will appoint a competent qualified health and safety responsible person who shall report to an appropriate level within our organization.
Investigation and Reporting of Accidents and Incidents: we will put in place processes to record and investigate accidents, near misses and first aid events. Fining employees for having or reporting accidents or near misses is prohibited.
Safe Working Environment: we will assess our work environments for health and safety hazards and eliminate, control or otherwise mitigate identified risks. These assessments shall consider all activities that have the potential to impact any person having access to the workplace or other areas owned or controlled by us. Design of work areas, processes, installations, machinery, equipment, operating procedures and work organization are considered, in relation to protecting the safety, health and well-being of their workers.
Equipment Management: we will ensure that production and associated machinery is equipped with appropriate operational safety devices, and shall be maintained, inspected and serviced on a regular basis. We practice a lockout-tagout program such that all machinery and equipment is to be shut off, locked and tagged as appropriate when maintenance or service work is performed.
Emergency Preparedness and Response: we will provide and clearly identify adequate building exits, according to the size of the buildings and number of workers present, to allow for the evacuation of buildings in an orderly fashion in the event of a fire or other emergency. We will provide fire alarms and adequate fire suppression equipment for each area of their site used by people working for or visiting us.
Provision of Personal Protective Equipment: appropriate personal protective equipment will be used where applicable, as identified through a’s risk assessment, and to meet the needs of legal compliance. This equipment will be made available to workers at no cost and maintained in a suitable condition. Provisions will be made for storing such equipment in a hygienic manner.
5.2 Goal
To meet and exceed the expectations of our stakeholders, we have made a commitment to create a supportive culture, with strong harmonized systems and processes. PodoPrinter strives to promote a culture where protection of human capital is built in our DNA. We need to work on our Health & Safety practices to do our outmost to establish a 100% safe and satisfying workplace with rigorous EHS risk management procedures and a supporting EHS facility performance, and a supportive HR department on employee satisfaction. We are commitment to eliminate hazardous substances from our products to minimize impact on human capital at our customers, our companies, our employees and suppliers.
We ask all our employees to develop initiatives to support this important core subject “Protect Human Capital” and live up to its requirements.
6. #Fair Business Practices
6.1 Policy
Applicable laws: We shall conduct our business in an ethical and fair manner and operate in full compliance with international, national and local laws and regulations that are applicable to our business operations including, but not limited to:
- Anti-bribery and corruption
- Anti-trust and fair competition
- Export and trade
- Property rights
Substances of Very High Concern & conflict minerals: our policy is that we ask our suppliers not to provide us with products which contain conflict minerals (tin, tungsten, tantalum or gold) directly derived from conflict regions. We ask our suppliers to make the appropriate review of any restricted substances and inform us of any substances that are prohibited or declarable when contained in products supplied to us. We will provide upstream suppliers on restricted substances and possible alternatives.
Code of Conduct Suppliers: we are dedicated to exceeding our customer expectations and recognizing our social responsibility. We accomplish this goal through strong collaborative partnerships with suppliers who share values of integrity, fairness, sustainable, responsible ethical principles and compliance to legislation and regulation. Our suppliers are committed, and all signed the ”Code of Conduct Supplier”.
No Forced or Child Labor: we will not use enslaved or involuntary labor of any kind, including prison labor or debt bondage. We will not be involved in human trafficking. We will not use corporal punishment, physical or psychological abuse, threats of violence, or other forms of physical or mental coercion. No original copies of employee identification documents (e.g. identity papers or passports) will be held by us. There will not be unreasonable restrictions on the ability of workers to enter or exit the workplace.
We comply with all laws preventing child labor. Only workers who meet the applicable minimum legal age requirements in the country where they are working or are at least 15 years old and are over the age for completion of compulsory education, whichever is greater, may be hired by us. We will not allow workers under the age of 18 to work during the night shift or be involved in any hazardous work as specified in ILO Convention 182 and as determined by national law.
Wages, Benefits and Working Hours: we will adhere to all applicable laws regarding working hours, wages, social security payments and overtime payments. Workers shall be paid at least the minimum legal wage. Where there is no legislated minimum wage, a wage that meets local industry standards shall be paid. Wages shall be paid promptly and in full.
We shall conduct operations in ways that limit working hours and overtime to a level that ensures humane, safe and productive working conditions.
6.2 Goal
We will ensure that we will promote social responsibility in the value chain, upstream and downstream. We ask all our employees to act responsible and fair in any business contact, partnership and transaction.
7. #CSR Governance
7.1 Governance Structure and Execution
We believe these core subjects help us to prioritize our activities, allocate resources, and decide where we need to develop key processes and metrics to track our performance today and in the future. We will periodically review and assess these subjects through an ongoing analysis to ensure that we are concentrating our work in areas that address changing risks, opportunities, and stakeholders’ expectations.
The responsibility for Corporate Social Responsibility at PodoPrinter rests with the CSR Council, which is chaired by the OWNER. Together, the members of the council ensure that social responsibility is integrated throughout our business, and that we take a consistent, high-level approach to sustainability in all businesses.
The CSR Council is responsible for setting our social, environmental and economical sustainability development. It determines CSR strategy, priorities, and goals. CSR council is accountable for the overall CSR agenda and its deliverables.
In the CSR Council, we will periodically review and assess these focus areas through an ongoing analysis to ensure that we are concentrating our work in areas that address changing risks, opportunities, and stakeholders’ expectations.
The CSR Council meets twice a year to review the CSR policy and strategy, assesses performance metrics, and reviews CSR initiatives. Each year a CSR report will be made available, containing an evaluation of our CSR initiatives, CSR performance results, CSR strategy and its organization.
We ask all stakeholders to work together with us to enable actions, that contribute to a sustainable environment, economy and society, both now and into the future.
General Terms & Conditions
General terms and conditions OF SALES AND DELIVERY
Version March 2024
These are the General Terms and Conditions of Sale and Delivery (“Terms”) of PodoPrinter B.V. (“PodoPrinter”), a limited liability company incorporated under the laws of the Netherlands, registered in the Dutch Chamber of Commerce under number 75275333, having its registered address at Zwaanstraat 31F, 5651 CA Eindhoven, the Netherlands.
These Terms constitute the general terms and conditions governing any Offer and Agreement between PodoPrinter and Buyer relating to the sale by PodoPrinter and purchase by Buyer of Products or Services and/or the licensing of Software. Any terms and conditions set forth on any document issued by Buyer are hereby explicitly rejected by PodoPrinter and any such document shall be wholly inapplicable to any Offer, Agreement, sale or licensing made by PodoPrinter and not be binding in any way on PodoPrinter.
1. Definitions
Agreement the agreement between PodoPrinter and Buyer regarding the delivery of the Product, Software and/or Services by PodoPrinter of which these Terms form an inseparable part. This includes all accepted Purchase Orders.
Buyer PodoPrinter’s contracting party that desires to purchase or purchases Products, Software and/or Services from PodoPrinter, or that desires to acquire Products, Software and/or Services under a lease agreement.
Terms these Terms of sales and delivery which govern all Offers, Purchase Orders and Agreements of whatever nature between PodoPrinter and Buyer.
IP rights all intellectual and industrial property rights including, but not limited to, patents, designer rights, copyrights and other forms of protection afforded by law to inventors, designers or technical information as well as applications for any such rights vested in the name of one of the Parties.
Offer all quotations and offers by PodoPrinter to Buyer.
Parties PodoPrinter and Buyer.
Product(s) the good(s) including embedded firmware if not excluded in the Agreement, (to be) supplied by PodoPrinter under these Terms of Sale and Delivery.
Purchase Order a request from a Buyer to PodoPrinter for the delivery of Products, Software and/or Services.
Services services such as development, integration, training or support, provided by PodoPrinter in connection with Products and/or Software.
Software computer programs licensed by PodoPrinter for use in connection with the Products, excluding firmware embedded in Products.
Writing written communication including emails when send to an email address which is regularly used for conversations between Parties.
2. Applicability, Offers and Agreements
2.1 Unless explicitly agreed upon otherwise in Writing, these Terms apply to all legal relationships in which PodoPrinter acts as the vendor and/or supplier of Products and/or Services within the context of its business activities. In case of lease, PodoPrinter or its designated legal entity will act as lessor and Buyer will act as lessee and will agree on specific additional lease conditions in a lease agreement.
2.2 In addition to these Terms, other (additional) terms and conditions may apply to certain Services and/or Products. Should there be deviations between these Terms and the additional terms and conditions, the additional terms and conditions will prevail, unless explicitly stated otherwise.
2.3 An Agreement between PodoPrinter and Buyer is only concluded once PodoPrinter has accepted a Purchase Order from Buyer in Writing. In principle, PodoPrinter accepts a Buyer’s Purchase Order by signing a written document in which the Purchase Order, including the expected delivery period, is confirmed.
2.4 Based on mutual consultation, the Parties may amend the content of a concluded Agreement. An amendment of the Agreement is only binding for PodoPrinter once it has agreed to the amendment in Writing.
2.5 Offers are open for acceptance within the period stated by PodoPrinter in the Offer or, when no period is stated, within two (2) weeks from the date of the Offer, but any Offer may be withdrawn or revoked by PodoPrinter at any time prior to PodoPrinter’s receipt of Buyer’s acceptance related thereto.
2.6 For goods or work for which no Offer or Purchase Order is sent based on their nature and scale, the invoice and/or delivery slip is likewise considered to be an Agreement, which is also deemed to correctly and completely reflect the Agreement.
2.7 Buyer shall be responsible for compliance with all applicable laws, regulations and orders, including any and all national and international sanctions, import and export controls and bans, anti-bribery, anti-slavery, data privacy, environmental, health, safety, child welfare, wage and hour, labour and other workplace laws and regulations in all jurisdictions involved in the sale and purchase of the Products. Buyer shall also be responsible for obtaining all permits and approvals as necessary in connection with the use of the Products and the Software, including import and export licenses and other permits or approvals required. Buyer shall provide PodoPrinter with applicable export classification numbers related to the Products and Software, complete end use statements reasonably requested by PodoPrinter for Products and/or the Software. Buyer shall provide PodoPrinter with applicable export classification numbers related to any IP rights or other information or materials provided by PodoPrinter, and reasonably assist PodoPrinter with any export licenses required by the European Union as it relates to the Products and/or the Software, IP rights, information or materials.
2.8 Buyer is not entitled to add or remove any item to a Purchase Order that has already been placed. Purchase Orders cannot be combined before or after they are placed, unless agreed upon in Writing by PodoPrinter.
2.9 Information, images, oral announcements, records, etc. regarding all offers and the most relevant characteristics of the Products, Software or Services that are provided by telephone or e-mail are always as accurate as possible. PodoPrinter does not guarantee that all offers and Products completely correspond to the information provided. Deviations can never lead to reimbursement or dissolvement of the Agreement.
3. Prices and Payment
3.1 Prices in any Offer, Purchase Orders or Agreement are in Euro’s unless explicitly indicated or agreed upon otherwise and do not include any freight, insurance and delivery charges or any taxes, duties, tariffs, or similar levies, now or hereafter enacted, applicable to the Products, Software, or Services.
3.2 Where it is necessary or desirable to convert any sum from one currency to another, this is at the sole risk of Buyer. This means among others that Buyer shall bear all exchange risks, reasonably incurred losses, commission, fees and charges which may thereby arise.
3.3 Errors in any Offer can be corrected by PodoPrinter even after concluding the Agreement.
3.4 In the event of an amendment to the Agreement implemented at Buyer’s request, PodoPrinter is entitled to charge any additional costs caused by the amendment to Buyer.
3.5 At any time prior to the delivery of Products, Software, or Services, PodoPrinter reserves the right to vary the price to take account of any increase in the cost of Products, Software, or Services which is beyond PodoPrinter’s control, including but not limited to, increases in materials, labour and other manufacturing costs, delivery charges, increases in taxes, duties, tariffs and foreign exchange fluctuations.
3.6 Unless agreed otherwise 50% of the price of the total Purchase Order is paid upon signing the Agreement between Parties or when a Purchase Order is accepted, the remaining 50% shall be invoiced upon shipment of the Product. Services shall be invoiced in accordance with article 7 of this Agreement.
3.7 All payments to be made by Buyer must be received by PodoPrinter within the term stated on the invoice. Unless the Parties have made deviating arrangements in Writing, the term of payment will be twenty one (21) days after the invoice date.
3.8 Buyer will take responsibility for timely payment of the amounts due by transferring these to PodoPrinter’s bank account as indicated on the invoice.
3.9 If Buyer has any objections to the invoice, Buyer must send the Written and documented objections to PodoPrinter within eight (8) days of receipt of the invoice.
3.10 Buyer may not set off any amounts owed to PodoPrinter against any claim Buyer might have against PodoPrinter.
3.11 PodoPrinter may require security for payment of Buyer’s payment obligations.
3.12 If Buyer fails to pay within the agreed term, Buyer will be in default by operation of law without a notification of default being required. From the moment that Buyer is in default, Buyer will owe compensation for interest of 1,5% per month or part thereof by which the due date is exceeded.
3.13 If the unpaid invoice is not paid in full on the due date, all judicial and extrajudicial costs incurred for collection will be borne by Buyer. The extrajudicial costs amount to fifteen percent (15%) of the unpaid amount due with a minimum of EUR 150 (hundred fifty Euro).
3.14 In the event of non-payment, after notifying Buyer, PodoPrinter may suspend performance of its contractual obligations until PodoPrinter has received full payment. This right shall be in addition to, and not in lieu of, any other rights and remedies available under these Terms or at law or in equity.
3.15 Buyer irrevocably authorizes PodoPrinter to pledge or assign PodoPrinter’s existing and future claims against Buyer to third parties as security.
3.16 In the event that a Product, Software or Service is mistakenly listed at an incorrect price, PodoPrinter reserves the right to refuse or cancel any Purchase Orders placed for the Product, Software or Service listed at the incorrect price.
4. Delivery
4.1 PodoPrinter aims to deliver the Products within thirty (30) days after sending the order confirmation, or, when a down payment is agreed upon, within thirty (30) days after receiving the down payment. An agreed delivery term is always indicative and never a deadline, nor can any rights be derived from exceeding the agreed delivery term. PodoPrinter can announce information regarding delivery terms on its website or by other written means. Such information is always indicative.
4.2 In the exceptional case that items cannot be shipped in the desired period, PodoPrinter will contact Buyer to try to arrive at an agreement on how to process, including the option to cancel the Purchase Order.
4.3 Unless agreed upon otherwise, the delivery condition shall be Ex Works (EXW – Incoterms 2020) PodoPrinter’s warehouse in the Netherlands. PodoPrinter shall not be responsible for loading the Product on the vehicle provided by Buyer or for clearing the Products for export, unless otherwise agreed. Buyer bears all costs and risks involved in taking the Product from the ‘PodoPrinter’s premises to the desired destination.
4.4 When Parties agree that PodoPrinter arranges any additional services, like shipping, packaging, export clearance and insurance, these services will be invoiced separately to Buyer. Furthermore, Buyer shall indemnify PodoPrinter for the costs of recovery and recycling of any transportation or packaging of Products which it does not choose to dispose of itself. This indemnification obligation shall also apply where PodoPrinter is under a statutory obligation to recover and/or recycle packaging.
4.5 If PodoPrinter undertakes at Buyer’s request to ship the Product to its destination, the risk will transfer to Buyer upon transfer of the Product to the first carrier, even if the transport documents indicate otherwise. If requested in Writing by Buyer, PodoPrinter will arrange for insurance on the Product while in transit at Buyer’s additional expense.
4.6 Delivery dates communicated or acknowledged by PodoPrinter are approximate only, and PodoPrinter shall not be liable for, nor shall PodoPrinter be in breach of its obligations to Buyer, because of any delivery made within a reasonable time before or after the stated delivery date. PodoPrinter will use commercially reasonable efforts to meet the delivery dates communicated or acknowledged by it on the condition that Buyer provides all necessary order and delivery information sufficiently prior to the agreed delivery date.
4.7 The term of shipment or delivery indicated commences once (all of the following conditions have been met):
• the Agreement has been concluded;
• all official formalities have been met;
• the payments due from Buyer upon conclusion of the Agreement have been made; and
• all other terms and conditions have been met.
4.8 With the exception of intent or gross negligence on the part of PodoPrinter, PodoPrinter is not liable for the consequences of exceeding the term of delivery or shipment indicated.
4.9 If PodoPrinter experiences Product shortages, or production is curtailed for any reason, PodoPrinter may allocate its available production and Products, in its sole discretion, among its customers and as a result may sell and deliver to Buyer fewer Products than specified in Offer or Agreement, without liability to Buyer, as the case may be.
5. Inspection, acceptance and complaints
5.1 Buyer shall inspect the Products on arrival at the delivery destination and shall within seven (7) calendar days inform PodoPrinter in Writing of:
i. any damage to the Products;
ii. any discrepancy between the Products and PodoPrinter’s specification which is, or should be, apparent from inspection; or
iii. any discrepancy between the quantity of Products received and the quantity specified on the paperwork accompanying the delivery,
otherwise the Product will be deemed to be accepted by Buyer.
5.2 Should a Product(s) delivered by PodoPrinter fail to comply with the acceptance criteria, Buyer must notify PodoPrinter of this in Writing. This notification must contain a clear description of Buyer’s complaint. Buyer shall give PodoPrinter reasonable opportunity to inspect the Products concerned and propose a solution in case of actual nonconformity. In case damage has been inflicted to the Products, Buyer will take all possible provisions to obtain compensation from the transporter.
5.3 PodoPrinter does not take back any assembled machine or opened kit. Products in a total value below EUR 50 cannot be returned to PodoPrinter.
5.4 Operational use or processing of the Product shall be deemed to be an unconditional acceptance of the Product and a waiver of all claims in respect of the Product. After the Product is accepted in accordance with this article and if the warranty still applies, PodoPrinter will only be obliged to deal with any complaints if PodoPrinter receives such complaints as soon as possible but no later than eight (8) days after the discovery of any fault by Buyer or after Buyer should reasonably have discovered the fault. Irrespective of the eight-day period, Buyer must always complain within fifteen (15) days after the invoice date. PodoPrinter will extend the time period for filing a complaint upon showing of good cause.
5.5 In the event Buyer contests that Products were delivered, Buyer must request a proof of delivery from PodoPrinter within ninety (90) days of the date of PodoPrinter’s invoice, otherwise delivery shall be deemed completed. Buyer will give PodoPrinter Written notice of failure to deliver and thirty (30) days within which to cure. If PodoPrinter does not cure within thirty (30) days, Buyer’s sole and exclusive remedy is to cancel the affected and undelivered portions of the Agreement.
6. Warranty
6.1 PodoPrinter warrants within the limits of the applicable statutory law and the period as defined in the Agreement, that the Products at the time of delivery and subjected to normal use are free of defects and the use of the Products by Buyer in accordance with this Agreement shall not infringe the IP rights of any third parties. All other statutory, implied or other warranties are hereby excluded.
6.2 In the event of any defect of a Product, including material deviation from agreed specifications and/or any violation of rights of third parties (collectively “Defects”) Buyer may, within the warranty period, exercise the agreed remedies for repair, return or replacement of the Products.
6.3 Except as provided in subsection 6.4 below, Products (excluding embedded software) are warranted for a period of one (1) year from date of delivery to Buyer. Filament performance (e.g. quality insole production) is guaranteed one (1) year after production date of filament. Third party Software shall, insofar possible, be warranted as indicated by the third party Software provider which warranty shall be passed on “as is” to Buyer.
6.4 The following Products, Software and Services are provided “as is” and are not covered by the above warranties: (i) development Products (including without limitation prototypes and pre-production samples, whether or not paid for by Buyer), (ii) experimental Products; (iii) beta testing Products, (iv) reference designs, (v) Software, (vi) Services, and (vii) information and technology external to the Product.
6.5 Defect Products may be returned on the expense of PodoPrinter. Buyer shall pay for returned Products that are not found to be Defect together with associated freight, testing and handling costs.
6.6 Notwithstanding the foregoing, PodoPrinter shall have no obligations for breach of warranty if the alleged Defect is found to have occurred as a result of normal wear and tear, environmental or stress testing, misuse, neglect, improper installation, accident, improper repair, alteration, modification, improper storage, improper transportation or improper handling of the Products, after the risk of loss in the Products has passed to Buyer. This warranty will not be expanded, and no obligation or liability will arise, due to technical advice or assistance, referrals, qualification/testing data, facilities or any Services in connection with Buyer’s purchase.
6.7 PodoPrinter makes no representations or warranties that the Products, Services or the Software will meet Buyer’s requirements, that the Products or Software will be free of security vulnerabilities, or that the use of the Software will be uninterrupted or error-free.
6.8 The express warranty granted above will extend directly to Buyer and not to Buyer’s customers, agents or representatives. Except as expressly set forth in these terms, all Products, Software, and Services are furnished by PodoPrinter and accepted by Buyer “as is”. The express warranty granted above is in lieu of all other warranties, whether express or implied, including without limitation (i) any implied warranties of fitness for a particular purpose, merchantability, or non-infringement of IP rights, (ii) that any Products, Software, or Services will conform to any demonstration or promise by PodoPrinter, or (iii) or that may arise through any course of dealing between the Parties. All other warranties are hereby specifically disclaimed by PodoPrinter.
6.9 PodoPrinter’s sole and exclusive obligation, and Buyer’s sole and exclusive right, with respect to claims under this warranty is limited, at PodoPrinter’s option, either to (a) the replacement or repair of a defective or nonconforming Product, or (b) an appropriate credit for the purchase price of the defective Product. PodoPrinter will have a reasonable time and a reasonable amounts of attempts to repair, replace or credit, at PodoPrinter’s sole discretion. The non-conforming or defective Products shall become PodoPrinter’s property as soon as they have been replaced or credited for.
6.10 Return shipment is the responsibility of the Buyer. All returns are credited as store credit upon receipt. A return merchandise authorization (RMA) is required for returns.
6.11 Return shipment is only possible if PodoPrinter has been informed beforehand with a clear definition of the reason of returning the Product, partially or completely. Buyer cannot claim any rights if the Product arrives unannounced.
7. Services
7.1 Services will be provided on a time and materials basis at PodoPrinter’s then current hourly rates or at rates mutually agreed to in Writing. PodoPrinter will use commercially reasonable efforts to provide any agreed deliverables in accordance with the delivery schedule as agreed by PodoPrinter.
7.2 PodoPrinter will invoice Buyer on or after the date of performance of the relevant (part of the) Services.
7.3 PodoPrinter owns and will continue to own all worldwide right, title and interest in any materials, documentation, and software that are used in performing the Services, as well as any deliverables created during the performance of or resulting from the Services. Title to all IP rights created by or on behalf of PodoPrinter in performing Services shall vest in PodoPrinter, including without limitation IP rights created by PodoPrinter in the design, development and manufacture Products or Software and no transfer of title to, or license in favor of, Buyer of any IP rights used by or on behalf of PodoPrinter in the provision of Services shall occur.
8. Software
8.1 Unless explicitly described otherwise in the Agreement Software is licensed and not sold by PodoPrinter. PodoPrinter grants Buyer a non-transferrable, non-exclusive license to use the Software in machine-readable form, only in combination with or as part of the Product for which the Software has been provided and only one copy for each unit of Product. No rights or licenses with respect to any Software source code are granted to Buyer.
8.2 PodoPrinter does not guarantee that the Software functions faultlessly and without interruptions (for example if non-common or out-of-date operating systems, browsers, plugins, scripts, other software and hardware are used). Buyer accepts the Software as is at the moment of delivery, with all observable and non-observable deficiencies. PodoPrinter shall spend reasonable endeavours to remedy the defects or malfunctions in the Software of which Buyer properly informs it in writing by sending a letter by registered mail within fourteen (14) days after the delivery of the Products, or if it concerns a deficiency that was not immediately observable upon delivery within fourteen (14) days after the defects or malfunctions were first discovered, within a reasonable period of time if it concerns Software developed by PodoPrinter itself. This remedy may be suspended until a new version of the Software is released.
8.3 PodoPrinter shall not be liable if the operating system of Buyer is incompatible with the Software, or if the relevant computer system of Buyer does not have the minimum specifications with which the Software normally works or operates.
8.4 Notwithstanding another written Agreement, PodoPrinter is not obligated to perform maintenance or provide support with respect to the Software. If and to the extent that support has been agreed between PodoPrinter and Buyer, PodoPrinter shall endeavour to conduct this under the agreed conditions.
8.5 To the extent that firmware is embedded in a Product, the sale of the Product shall not constitute the transfer of ownership rights or title in the firmware, and all references to “sale” or “sold” of any firmware shall be deemed to mean a license to use the firmware with the Product.
8.6 PodoPrinter and its licensors own all right, title, and interest (including, without limitation all IP rights) in and to the Software, any technical requirements and end-user documentation for the Software made available to Buyer by PodoPrinter and any content provided by PodoPrinter and used in connection with the Product. PodoPrinter may also license rights owned by third parties with whom it has agreements.
8.7 If applicable, Software or third party software (including any open source software) may be provided under different or additional license terms if specified to Buyer accordingly in the documentation, Software, or otherwise.
8.8 If Buyer is in default of any of the terms in an Agreement, Buyer’s license to Software and documentation will automatically terminate. Buyer shall indemnify PodoPrinter against and hold PodoPrinter harmless from any damage or costs arising from or in connection with any breach of the provisions of this Section and Buyer shall reimburse all costs and expenses incurred by PodoPrinter in defending any claim, demand, suit or proceeding arising from or in connection with such breach. Upon any termination Buyer will no longer be permitted to use the Software of PodoPrinter. All licenses granted hereunder will terminate.
8.9 PodoPrinter has no responsibility or liability for damages or claims relating to any use of the software of any third parties connected to or put forward by PodoPrinter.
8.10 In accessing or using the Software, Buyer agrees not to (or permit anyone else to) do or attempt any of the following:
• use distribute, rent, loan, lease, sell, sublicense, or otherwise transfer or offer the Software for any commercial purpose outside the purposes described in or explicitly compatible with the Agreement;
• modify, translate, adapt, arrange, or create derivative works of the Software;
• decompile, disassemble or reverse engineer, or determine any source code, algorithms, methods, or techniques of the Software;
• interfere with, damage, or disrupt the operation or any security-related features of the Software, gain unauthorized access, or restrict or inhibit use by others;
• use the Software, any feature thereof in a way that could or does violate any law or the rights (including without limitation, the copyright, trademark, patent, trade secret other intellectual property, proprietary or other rights) of any person, firm or entity or expose to PodoPrinter a legal liability.
8.11 PodoPrinter reserves the right at all times to monitor, review, retain and/or disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request.
8.12 Buyer is responsible for Buyer’s use of the Software and for any consequences thereof.
8.13 PodoPrinter shall not be liable to you or third parties for any loss or damage resulting from any use of the Software or the Software of third parties, except in cases of wilful intent or gross negligence on the part of PodoPrinter.
8.14 Buyer is responsible for establishing the adequacy of independent procedures for testing the reliability, accuracy and completeness of Buyer’s designs, output, products or materials used and/or developed in connection with the Software.
8.15 Buyer allows PodoPrinter to collect information obtained for the purpose of improving its Software and Products.
9. Intellectual Property Rights
9.1 All IP rights owned or obtained by PodoPrinter with regard to the Product, Software, Service, documentation, technical information and drawings will remain vested in PodoPrinter or any third party from whom PodoPrinter has a license to use the IP-rights.
9.2 Buyer acquires the right to use the PodoPrinter IP rights embodied in the Product. Therefore, as part of the Agreement and subject to the payment of all amounts due under the Agreement, PodoPrinter grants Buyer a non-exclusive and non-transferable license to use the PodoPrinter’s IP rights as incorporated in the Product. Buyer is not allowed to act in a way that violates the IP rights of PodoPrinter. Thus, it is, inter alia, prohibited to:
• design, manufacture or sell any product which makes use of or incorporates the PodoPrinter IP that is not compatible with the Agreement between Parties;
• disassemble or reverse engineer the Products or determine any methods, or techniques of the Products;
• modify Software embedded in the Products;
• share, without Written permission of PodoPrinter, technical information which is protected by IP rights with third parties;
• remove logos, trade names or trademarks of PodoPrinter from the Products or add logos, trade names or trademarks from Buyer to the Products.
9.3 All right and title worldwide in or to any upgrades modifications, alterations or derivate works of a Product, even if discovered, developed or created by or for Buyer, shall exclusively be owned by PodoPrinter. Buyer hereby transfers such right and title to PodoPrinter who accepts such transfer.
9.4 If Buyer becomes aware of an infringement of IP rights belonging to PodoPrinter, Buyer will inform PodoPrinter accordingly as soon as possible.
9.5 If any Product is, or in PodoPrinter’s opinion is likely to become, the subject of a claim of infringement, PodoPrinter shall have the right, without obligation and at its sole option, to: (i) procure for Buyer the right to continue to use or sell the Product, (ii) replace or modify the Product in such a way as to make the modified Product non-infringing, or (iii) terminate any Agreement to the extent related to the Product. If PodoPrinter terminates the agreement based on this section, Buyer may return to PodoPrinter all affected Products in Buyer’s possession at the time of the termination, which are then subject to the claimant’s continuing claim of infringement; and upon return PodoPrinter will credit Buyer the sum paid to PodoPrinter by Buyer for returned Products, less appropriate depreciation.
9.6 The foregoing indemnity is personal to Buyer and is not assignable, transferable or subject to passthrough to any third party including Buyer’s customers.
9.7 PodoPrinter’s liability for damages under this Section are limited by the limitation described under Section 11.
9.8 Upon request by PodoPrinter, Buyer shall execute a joint representation agreement and waiver of conflicts of interests that will allow counsel retained and directed by PodoPrinter to represent both PodoPrinter and Buyer in the suit, and that will also allow counsel retained and directed by PodoPrinter to represent PodoPrinter in the future and be averse to Buyer in the future.
9.9 If any IP right infringement claim against any Product or Software is asserted prior to completion of delivery of the Product, PodoPrinter may decline to make further shipments.
10. Confidentiality
10.1 Buyer may have access to information that is confidential to PodoPrinter and its licensors or suppliers (“Confidential Information”). Such Confidential Information shall include, but is not limited to, the knowhow and software embedded in the Products, features and design of the Products, the Software, Services, Documentation, formulas and methods, knowhow, processes, designs, new products, developmental work, marketing requirements, marketing plans, customer names, prospective customer names, the terms and pricing under the Agreement, all information clearly identified in writing at the time of disclosure as confidential and all information which Buyer ought reasonably to regard as confidential.
10.2 PodoPrinter’s Confidential Information shall not include information that:
i. is or becomes a part of the public domain through no act or omission of Buyer;
ii. was in Buyer’s lawful possession prior to the disclosure and had not been obtained by Buyer either directly or indirectly from PodoPrinter;
iii. is lawfully disclosed to Buyer by a third-party without restriction on disclosure; or
iv. is independently developed by Buyer without use of or reference to PodoPrinter’s Confidential Information.
10.3 Buyer agrees, unless required by law, not to make PodoPrinter’s Confidential Information available in any form to any third party or to use PodoPrinter’s Confidential Information for any purpose other than in the performance of the Agreement. Buyer agrees to take all reasonable steps to ensure that Confidential Information is not disclosed or distributed by its employees or agents in breach of the Agreement.
10.4 Buyer agrees to hold PodoPrinter’s Confidential Information in confidence as from disclosure, during the term of the Agreement and for an unlimited period thereafter. Buyer acknowledges and agrees that, due to the unique nature of Confidential Information, there can be no adequate remedy at law for breach of this article 10 and that such breach would cause irreparable harm to PodoPrinter; therefore, PodoPrinter shall be entitled to seek immediate injunctive relief, in addition to whatever remedies it might have at law or under the Agreement.
10.5 This article 10 will not be construed to prohibit disclosure of Confidential Information to the extent that such disclosure is required by law or valid order of a court or other governmental authority; provided, however, that Buyer shall first have given notice to PodoPrinter and shall have made a reasonable effort to obtain a protective order requiring that the Confidential Information so disclosed be used only for the purposes for which the order was issued.
11. Liability
11.1 PodoPrinter’s liability for direct damage and indirect damages, such as consequential damages, consequential losses, lost profits, lost savings, loss of goodwill, damages through business interruptions, damages ensuing from claims by Buyer’s buyers, mutilation or loss of data, damages relating to the use of objects, materials or software of third parties prescribed by Buyer for PodoPrinter, damage relating to engagement of suppliers prescribed by Buyer for PodoPrinter and all other forms of damage or injury on any account whatsoever, shall be excluded. This restriction of liability does not apply in the event of intent or wilful recklessness on the part of PodoPrinter.
11.2 In so far as PodoPrinter is liable, irrespective of the grounds for such liability, PodoPrinter’s aggregated liability for Products, Software and Services including defects or malfunctioning and late delivery or non-delivery of Products, Software and/or Services, shall be limited at all times to the amount paid out under PodoPrinter’s liability insurance policy and shall never exceed an aggregate total amount of EUR 250,000 (two hundred and fifty thousand Euros) per calendar year, including but not limited to liability with respect to alleged infringement of any IPRs by Products or any part thereof, Software, or Service, or liability based in contract, tort (including negligence), product liability, or otherwise.
11.3 The limitations set forth above are essential elements of each Agreement and shall apply notwithstanding the failure of essential purpose of any exclusive or limited remedy, and whether or not PodoPrinter has been advised of the possibility of such damages. Buyer understands and agrees that the foregoing liability limitation allocates the risks and is an essential element under all Agreements and PodoPrinter’s pricing reflects this allocation of risk and the above liability limitations.
11.4 PodoPrinter’s liability because of an imputable failure to perform an Agreement shall in all cases only arise if Buyer immediately and properly provides a Written notice of default to PodoPrinter, with a reasonable time period for remedying the failure being given and PodoPrinter still imputably failing to perform its obligations after that period as well. The notice of default must contain a description of the breach which is as complete and specific as possible, so that PodoPrinter can respond adequately.
11.5 For any right to damages to exist, Buyer must always report the damage or injury to PodoPrinter in Writing as soon as possible after it occurs sufficiently substantiated by evidence. Any claim to damages against PodoPrinter shall be deemed waived by the mere lapse of three (3) months after the claim arises or when no lawsuit is filed within one (1) year of its occurrence.
11.6 Unless agreed upon otherwise, Buyer indemnifies PodoPrinter for all claims from third parties for damages they have suffered. In particular, Buyer indemnifies PodoPrinter against all third-party claims on account of product liability resulting from a fault or defect in a Product and/or Software delivered by Buyer to a third party that consisted entirely or partly of Products and/or Software delivered by PodoPrinter.
11.7 PodoPrinter does not bear any liability for damage or loss of whatever nature arising from incorrect, careless, improper or incompetent use of Products and/or Software or from any use of Products and/or Software for other than the purpose for which the Product and/or Software is intended.
12. Retention of title
12.1 Ownership title to Products will not pass to Buyer until Buyer has met all of its payment obligations under the Agreement.
12.2 If Buyer fails to meet its payment obligations, PodoPrinter will be entitled to collect its property or to have such collected. Costs related to the collection of its property by PodoPrinter will be borne by Buyer.
13. Termination
13.1 Each of the Parties shall only be entitled to – partially or entirely or only for the future – dissolve the Agreement if the other Party imputably fails to perform material obligations under the Agreement, but in all cases, only after having sent a proper Written notice of default which is as detailed as possible and in which it has been given a reasonable time period to remedy the breach.
13.2 In addition to dissolution grounds that exist under the applicable law, PodoPrinter shall have the right to dissolve the Agreement and every claim that PodoPrinter has against Buyer will then become immediately due and payable in full, in the event:
i. Buyer does not meet its payment obligations or otherwise materially breaches any term hereof and fails to cure such breach within ninety (90) days after written notice of such breach; or
ii. Buyer fails to accept ordered Products, Software and/or Services; or
iii. if Buyer becomes insolvent, or if Buyer makes an assignment for the benefit of its creditors, or if proceedings in bankruptcy or under any insolvency or similar law or for reorganization, receivership or dissolution are instituted by or against Buyer, which proceedings if involuntary are not dismissed within sixty (60) days of filing thereof, or
iv. Buyer is prevented by a Force Majeure Event from full performance under this Agreement for more than sixty (60) days.
14. Force Majeure
14.1 Parties shall not be liable for any failure or delay in performance in case a failure is not attributable to that Party, the performance of the relevant part(s) of the Agreement will be suspended while the failure continues, without that Party being responsible or liable to the other party for any damage resulting from the failure.
14.2 The expression “Force Majeure” means and includes any circumstances or occurrences beyond a Parties reasonable control (whether or not foreseeable at the time of the Offer or Agreement) as a result of which PodoPrinter cannot reasonably be required to execute its obligations. Such circumstances or occurrences include but are not restricted to: acts of God, war, civil war, terrorism, insurrections, strikes, fires, floods, earthquakes, labour disputes, pandemics, epidemics, governmental regulations and/or similar acts, freight embargoes, non-availability of any permits, licenses and/or authorizations required, defaults or delays of suppliers or subcontractors and/or inability or impracticability to secure transportation, facilities, fuel, energy, labour, materials or components. If the Force Majeure extends for a period of three (3) consecutive months (or if the delay is reasonably expected by PodoPrinter to extend for a period of three (3) consecutive months), PodoPrinter may cancel all or any part of the Agreement without any liability of PodoPrinter towards Buyer.
15. Use of the website
15.1 Use of PodoPrinter’s website and portal shall always be subject to specific terms and conditions published on that website or portal.
15.2 Harassment in any manner or form on PodoPrinter’s website, e-mail, chat, or use of obscene or abusive language, is strictly forbidden. Impersonation of others, including employees or representatives of PodoPrinter as well as other members or visitors on PodoPrinter’s website is prohibited.
15.3 Buyer may not upload to, distribute, or otherwise publish through the website any content which is libellous, defamatory, obscene, threatening, invasive of privacy or publicity rights, abusive, illegal or other behaviour which may constitute a criminal offense, violate the rights of any party or which may otherwise give rise to liability or violate any law.
15.4 Buyer may not upload commercial content on PodoPrinter’s website or use PodoPrinter’s website to solicit others to join or become members of any other commercial online service or other organization.
16. Participation Disclaimer
16.1 PodoPrinter does not and cannot review all communications and materials posted to or created by users accessing the website, and is not in any manner responsible for the content of these communications and materials.
16.2 Buyer acknowledges that by providing the ability to view and distribute user-generated content on the website, PodoPrinter is merely acting as a passive conduit for such distribution and is not undertaking any obligation or liability relating to any contents or activities on the website. However, PodoPrinter reserves the right to block or remove communications or materials that it determines to be abusive, defamatory, obscene, offensive, fraudulent, deceptive, misleading or in violation of a copyright, trademark or other intellectual property rights or otherwise unacceptable to PodoPrinter in its sole discretion.
17. Privacy
17.1 For the terms and conditions regarding personal data protection, PodoPrinter refers to the privacy policy on its website which can be found on https://podoprinter.com/podoprinters-privacy-policy/.
18. Miscellaneous
18.1 This English version of the Terms will be the only official and legally binding version, regardless of whether a translation into another language is or will be made.
18.2 Buyer shall not assign any rights or obligations under these Terms or any Agreement without the prior Written consent of PodoPrinter. PodoPrinter may assign, in whole or in part, any rights or obligations under these Terms and any Agreement (i) to its Affiliates, or (ii) in connection with a corporate reorganization or restructuring, business combination, or sale of all or a substantial portion of the assets of a division, business unit or entity, in one or a series of related transactions. Any attempted assignment in violation of this Section will be void.
18.3 The failure or delay by PodoPrinter to exercise any right or remedy arising from any Offer or Agreement, or these Terms, shall not operate as a waiver of the right or remedy; and no single or partial exercise of any right or remedy will preclude any other or future exercise of the right or remedy or the exercise of any other right or remedy arising from any Offer or Agreement, or these Terms or by law.
18.4 Specific provisions in any Agreement deviating from these Terms prevail over the provisions of these Terms.
18.5 The applicability of Buyer’s general purchasing or other Terms is herewith explicitly excluded.
18.6 The Parties intend to establish a relationship of buyer and seller and as such are independent contractors with neither party having authority as an agent or legal representative of the other to create any obligation, express or implied, on behalf of the other.
18.7 The invalidity or nullity of any provision of these Terms of Sale and Delivery will not affect the validity of the remaining provisions of these Terms of Sale and Delivery.
19. Changes
19.1 PodoPrinter reserves the right to modify these Terms at any time.
19.2 Such modifications shall have effect:
iv. on all Offers and Agreements referring to the modified Terms from the date of the Offer or Agreement; and
v. (b) on any existing Agreement thirty (30) days from notification of the modifications by PodoPrinter to Buyer, unless Buyer has notified PodoPrinter within the thirty (30) day period that it objects thereto.
20. Applicable law and Disputes
20.1 All Offers, Agreements and their performance are construed in accordance with and shall be governed by the laws of the Netherlands.
20.2 The applicability of the Vienna Sales Convention is expressly excluded.
20.3 All disputes arising in connection with Offers, Agreements and their performance shall be finally settled in accordance with the Rules of the Netherlands Arbitration Institute (Nederlands Arbitrage Instituut). The arbitral tribunal shall be composed of three arbitrators. The place of arbitration shall be Amsterdam, the Netherlands. The arbitral procedure shall be conducted in the English language.
20.4 Nothing in this Section shall be construed or interpreted as a limitation on either PodoPrinter’s or Buyer’s right under applicable law for injunctive or other equitable relief or to take any action to safeguard its possibility to have recourse on the other party.
20.5 Any claim the Buyer has in relation to the Offer, Terms, Agreement or further agreements between Parties, must be commenced within one (1) year after the cause of the claim arises.
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Our solution
How does a 3D insole printer work?
Our SOLE by PodoPrinter solution is a unique combination of a 3D belt printer, dedicated foaming filament and specialized insole CAD software. You can scan with almost any device, 2D or 3D scanners, and use our integrated easy workflow without knowledge of 3D printing. Simply with the push of a button. Black is the color we started with, but in the meantime, our 3D print filament is also available in colors like red, green and blue. The top of the insole can be provided with a cover, in case your customer prefers to have insoles with his own design.
What are the benefits of a SOLE by PodoPrinter, 3D insole printer compared to the traditional milling method?
The list of benefits is almost non-exhaustive. From loads of waste to almost no waste, when you compare this production method with the traditional milling machine. Imagine no longer needing to wear any safety clothing and there being no dust at all! The design time per pair is 2-3 minutes and a 24/7 unmanned production gives you extra time for your client. And yes, you can apply conventional glue and other materials to our 3D insole.
What can our 3D insole printer do for your client?
If you are a doctor, a podiatrist or a sports physical therapist, you will benefit from our innovative method of detailed production. A 3D printed insole can correct foot deformities, helping the foot or ankle function better or providing support to the ankle. It even reduces the risk of injury. Specialists may prescribe orthotics to treat a number of medical conditions. Examples are: Arthritis, which can cause discomfort in the feet and ankles or poor positioning that orthotics may help to correct. When poor positioning of the feet causes back pain due to a lack of cushioning or arches that roll inward, orthotics can lessen the pain. A person diagnosed with diabetes can lose sensation in their feet, also called diabetic neuropathy. Orthotics can help to reduce excess stress and pressure that can lead to foot ulcers. So, whether your client has a condition with a medical cause, or perhaps desires increased comfort, or even an improvement in their sport performance, SOLE by PodoPrinter is your solution.
How much does a SOLE by PodoPrinter cost?
Your financial Return On Investment of SOLE by PodoPrinter is an increase of turnover and a decrease of expenses. It is dependent on your business plan, country regulations and local health insurance. We provide support in developing your financial plan if needed. In addition, the 3D SOLE printer gives an ultimate professional look and feel to your practice. Show it to your client, be proud of your innovative working style!
Software PodoCAD
Our 3D Printer comes with dedicated software called PodoCAD. This software sends the data for the actual insole print from your scan device to the 3D printer. During the lifetime of your 3D printer, we will keep the firmware, needed for your print device, continuously up-to-date. New features based on customer requirements will be developed, and on a regular basis provided to the whole SOLE by PodoPrinter community. The moment you start working with your SOLE 3D printer, we will guide you through the process of installation and activation if required.
Let’s talk numbers!
The average weight of a 3D printed insole is 44g. Within 24 hours you can print 10 pairs of insoles, with a cycle time printing time per insole of 68 minutes. The SOLE by PodoPrinter prints 192 hours without loading filament and one spool of filament of 4.2 kg equals 43 pairs of insoles.
Distributors
If possible, we sell the SOLE by PodoPrinter straight from our HQ in the Netherlands. Our aim is to provide first line support, and therefore we depend on a network of regional independent distributors throughout Europe and worldwide. SOLE by PodoPrinter is booming and we are constantly enlarging our distributor network. If you are interested in cooperation with PodoPrinter in your country, please send us your request. If you would like to purchase our 3D insole printer for your personal practice, you can find your local distributor here or send us your inquiry.
Want to know more about our sales network?
Why become a distributor?
Our distributors
We at PodoPrinter will
Europe
The Netherlands
Poland
Belgium
United Kingdom
Italy
France
Foot Facilities B.V.
Mercuriusplein 5
5971 LW Grubbenvorst
Netherlands
Barry Wojciech Barycz
ul. Sportowa 11
43-100 Tychy
Poland
OMD3D
Karel v.d Slotenstr. 12
9308 Hofstade
Belgium
Ortho3D Ltd
Kemp House 160 City Road
EC1V 2NX London
United Kingdom
PEDSAN S.R.L.
Via Sandro Penna 112
06132 Sant’Andrea delle Fratte (PG)
Italia
Crispin Medical
ZI La Bergerie 2 rue Edouard Branly
49280 LA Seguiniere
France
Spain
Portugal
PodoPrinter Spain
Ramiro Sirvent
Calle Ercilla 41 – 7A
CP 28005 Madrid
España
+34690109162
Instagram: @ramiro_podoprinter
Ortoiberica S.L.
Parque Tecnológico de Asturias
Parcela 1 – 33428 Llanera
Principado de Asturias
España
PodoPrinter Spain
Ramiro Sirvent
Calle Ercilla 41 – 7A
CP 28005 Madrid
España
+34690109162
Instagram: @ramiro_podoprinter
Ortoiberica S.L.
Parque Tecnológico de Asturias
Parcela 1 – 33428 Llanera
Principado de Asturias
España
Rest of the world
Australia LATAM
PodoPrinter Spain
Ramiro Sirvent
Calle Ercilla 41 – 7A
CP 28005 Madrid
España
+34690109162
Instagram: @ramiro_podoprinter
Home
Zero Waste compared to milling methode
No 3D printing knowledge required
More time available for customers
100% Dust-free production. No dust extraction system needed
Enables inhouse production, making you independent
Minimal product modification due to efficient production process
Privacy Policy
Privacy Policy
1 Collecting, processing and storing personal data
Personal data is processed whenever this is necessary for the IT involved in the technical operation of the website or linked services (apps) or whenever such processing guarantees ease of use of the website or such services, such processing is necessary for the purpose of initiating or performing a contract and the personal data is usually provided by you for this purpose, or (generally for the purpose of maintaining the business relationship, e.g. for sending information material.
If it is necessary to forward your data to other Group companies for the above-mentioned purposes, your data can be passed on to them. Beyond that, your data will not be passed on. Your data will not be sold, rented out or made available to third parties in any other way. Personal data is only transferred to government agencies or authorities if this is necessary for compliance with mandatory national statutory provisions.
1.1 Data which we process when you use the website
Data is either recorded by you yourself or, for technical IT reasons, are generated automatically when you visit our website. In particular, technical IT data is stored temporarily in a logfile and is deleted automatically when the purpose for which they have been stored no longer applies.
- The IP address of the requesting computer
- Date and time of access
- Name and URL of the file accessed
- Website from which access was made (referrer URL)
- Browser used and, where applicable, the operating system of your computer and the name of your access provider
We process the data stated for the following purposes:
- To ensure that the connection to the website is established smoothly,
- To ensure that our website is convenient to use,
- To evaluate system security and stability.
This data processing is lawful under Article 6 (1) (f) GDPR. We have a legitimate interest to collect data for the purposes listed above. There are no situations in which we use the data collected for the purpose of drawing conclusions about you personally. In addition to this, we use cookies when you visit our website. You can find further explanations on this under item 4 of this data protection statement.
This data processing is lawful under Article 6 (1) (f) GDPR.
1.2 Transfer of data to a third country or international organization
Subject to suitable guarantees to achieve an appropriate level of data privacy, data may be transmitted to recipients in states outside the European Union (third countries) and such data is transmitted on a case-by-case basis when data is used to provide IT support within the corporate group.
2 Contact and request forms
We offer you extensive personal support. If you contact us using , we will collect your first and last names for this purpose together with your email address so that we can send you a fast and personalized response to your request. The data is used to answer your request and, in cases where you may wish to become a customer, to send information on PodoPrinter BV products and services.
3 Registration on your PodoPrinter login account
PodoPrinter BV provides customers and partners with a central access point for all applications and services for collaboration purposes. Access is only available to those users who have been registered beforehand.
4 Use of Cookies
4.1 Definitions
Cookies are small files created automatically via your browser which are stored on your terminal device (laptop, tablet, smart phone or similar). Cookies do not contain viruses, Trojans or other malware.
Information is stored in cookies in connection with the specific terminal device used. This does not mean that we have immediate access to your identity. The purpose of cookies is to make it easier for you to use our services. The following types of cookies are used.
A) Cookies which are absolutely essential (technical IT cookies) are needed for the operation of a website and are essential in order to navigate on and use the functions of the website. These cookies are not stored permanently on your computer or device and are deleted when you close your browser (session cookies).
B) Statistical, analytical cookies (performance cookies) enable the number of visitors and sources of traffic to be recorded and counted in order to measure and improve the performance of the website. They are also used to find out whether any problems or errors occur on certain websites, which websites are most popular and how visitors navigate through the website. Analytical / Performance cookies are deleted after a defined retention period.
C) Tracking cookies: We don’t set so called tracking cookies on our websites.
4.2 Cookies used
We use the following cookies according to the legal basis set out in Art. 6 (1) (f) GDPR. We have a justified interest in the optimization and efficient operation of our internet presence.
We use web analysis services.
- The IP address is anonymized immediately after it is collected via the server for collecting the tool web service provider’s data and before it is processed further.
- The data collection server’s data is deleted within 24 hours.
- Your full IP address is therefore not permanently stored and it is not combined with other usage data.
- This data is stored separately from other data that you enter in the course of using our offering.
- We cannot associate this data to a particular individual. It is collected and used solely for the purpose of making statistical analyses, such as improving the offering.
- The web service provider’s server is in an EU member state.
By using our digital offerings you agree to your use of our website being analyzed in the manner described above.
5 Social Media
PodoPrinter BV offers you the option to recommend parts of this homepage via various external social media sites (e.g. Facebook, Twitter, Instagram, TikTok, LinkedIn YouTube etc.). Clicking on the associated button sends the Internet address of the page on which the button was clicked to the operator of the social media website. Additional data is not transmitted by PodoPrinter BV. The operator of the external social media site may collect additional data about you (e.g. set cookies or request that you log in), so please read the data protection statement of the respective provider in this regard.
6 Right of data subjects
Upon request we will inform you in writing of whether we are storing any of your personal data and, if so, which data this is. If the information stored by us is incorrect, despite our efforts to maintain accurate and up-to-date data, we will correct it upon your request. You may also request your data to be deleted or handed over and any consent you may have given for your personal data to be processed may be revoked at any time with effect for the future. You also have the general right to lodge a complaint with a supervisory authority. We would however ask you, if possible, to contact PodoPrinter BV’s Data Protection Officer (Email: , Telephone: +31 40 3410900) to clarify the matter directly with us first. Our Data Protection Officer is always open to hearing suggestions on how we can improve our data protection standards.
7 Storage period
The criterion for the storage of personal data is the applicable statutory retention period or the cessation of the purpose, in particular if processing is lawfully based on the balance of interests addressed by Art. 6 (1) (f) GDPR. The data are routinely erased at the end of this period.
8 Data Security
We use the common SSL (Secure Socket Layer) procedure on our website in connection with the highest encryption level which is supported by your browser. You will recognize whether specific pages on our website are transmitted in encrypted form from the closed image of a lock or the lock symbol in the lower status bar of your browser.
We also employ technical and organizational security measures in order to protect your personal data against accidental or intentional manipulations, partial or total loss, destruction or unauthorized access by third parties. Our security measures are continuously upgraded in line with technological progress.
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About Us
Our Team
Our energistic team is focused on your growth strategies and process improvements.
Our Mission
Innovate and disrupt the insole industry.
Our Focus
We understand high quality, custom & medical insoles are mission-critical to you. Our focus is delivering you a revolutionary solution.
Our Priority
Research & development is key to innovation. We are proud to have a partnership with Fontys University of Applied Sciences via Program PITCH.
Inspiring Quote
“What makes innovative thinking happen?… I think it’s really a mindset. You have to decide.”
- Elon Musk -