TERMS & CONDITIONS
CONFIDENTIALITY & PRIVACY
The customer acknowledges the following limitations of the prototypes supplied by “Additive Experts, LLC”: (a) a prototype is not a precise replica, but only a geometric representation that is not exact in terms of size, material composition and surface quality; (b) each prototype is for visual purposes only and is not intended for functional testing, tooling, use as a fixture, or any actual use; and (c) any uses that the customer makes of a prototype are entirely the customer’s responsibility unless otherwise acknowledged by “Additive Experts, LLC” in writing. All prototypes guaranteed to be free of manufacturing defects. Orders may be canceled only if the production of prototypes has not begun. “Additive Experts, LLC” should be notified as soon as possible in the event of a desired order cancellation. Best attempts are made to produce prototypes within the estimated ship date but, because of the nature of custom part fabrication, occasionally the manufacturing of the prototype(s) can take longer. If “Additive Experts, LLC” is unable to meet customer’s reasonable satisfaction, and the customer notifies “Additive Experts, LLC” within two business days of receiving such prototype, the customer may return the prototype at his or her own expense and receive an updated, corrected version approved by the customer with no cost for the replacement.
Once “Additive Experts, LLC” have received confirmation, electronic or otherwise, of an order, the order is binding. Due to the complex nature of prototypes and other printed/manufactured parts, “Additive Experts, LLC” reserves the right to reject any order for any reason.
CUSTOMER OWNERSHIP OF PROTOTYPE PARTS
The entire right, title and interest, including all copyright, patent, trade secret, mask work, and trademark rights (“Intellectual Property”), in and pertaining to any specifications and the applicable prototype shall be owned solely by the customer. “Additive Experts, LLC” hereby assigns and agrees to assign to the customer all-intellectual property created in the production of a prototype.
The Customer hereby warrants that (a) it has the right to provide the specifications to “Additive Experts, LLC” and its affiliates; (b) the affiliates’ use of the specifications and such other materials provided by the customer to produce a prototype will not violate or infringe any intellectual property of any third party; and (c) any software delivered by the customer to “Additive Experts, LLC” and any affiliates will be free of any viruses, time bombs and other harmful data.
The customer shall indemnify, defend and hold harmless “Additive Experts, LLC” and their directors, officers, employees, and affiliates from all losses, liabilities, damages, and expenses (including reasonable attorneys’ fees and costs) that they may suffer as a result of any claims, demands, actions or other proceedings made or instituted by any third party against any of them and arising out of: (i) any claim that any specifications, prototypes or any other materials provided to an affiliate in connection with an order infringe the intellectual property of any third party; or (ii) any use of a prototype by the customer or its employees, agents or contractors.
Neither the customer, “Additive Experts, LLC”, or its affiliates shall be held responsible for the disclosing of confidential information to the extent that such breach is caused by factors outside its reasonable ability to foresee and avoid (provided that such party makes diligent good faith efforts to remedy the breach as soon as possible), including without limitation war, acts of God, terrorism, natural disaster, or third party communications or encryption failure.
This agreement and any accompanying orders embody the entire understanding between the parties and supersede any prior understanding and agreements between and among them respecting the subject matter hereof. “Additive Experts, LLC” may at any time change or modify the terms of this agreement by providing the customer with 30 days written notice of such change or modification. If the Customer does not agree with any change or modification, the customer may terminate this agreement on notice to “Additive Experts, LLC”.
The parties hereto are independent contractors and are not, and shall not represent themselves as, principal and agent, partners or parties to a joint venture. No party shall attempt to act, or represent itself as having the power, to bind another party or create any obligation on behalf of another party. Each party shall be solely responsible for the employment, direction and control of its employees and their acts.
Whenever possible, each provision of this agreement will be interpreted in such manner as to be effective and valid under applicable law. The parties agree that (a) the provisions of this agreement shall be severable in the event that any of the provisions hereof are for any reason whatsoever invalid, void or otherwise unenforceable, (b) such invalid, void or otherwise unenforceable provisions shall be automatically replaced by other provisions which are as similar as possible in terms to such invalid, void or otherwise unenforceable provisions but are valid and enforceable, and (c) the remaining provisions shall remain enforceable to the fullest extent permitted by law.
ASSIGNMENT AND RESPONSIBILITY
The Customer shall not assign the rights and obligations under this agreement without the written consent of “Additive Experts, LLC”. Any assignment in breach of this provision shall be void
PLEASE READ THESE TERMS CAREFULLY. USING THE WEB SITE www.addexp.com INDICATES THAT YOU ACCEPT THESE STANDARD TERMS SET FORTH BY “Additive Experts, LLC”. IF YOU DO NOT ACCEPT THESE TERMS, DO NOT USE THIS WEB SITE.
Agreement to use the Site www.addexp.com Additive Experts, LLC” authorizes viewing and downloading of the materials at this site only for personal and non-commercial use, provided that all copyright and other proprietary notices contained in the original materials are retained on any copies of the materials. Materials at this site may not be modified in any way, reproduced, publicly displayed, performed, distributed, or otherwise used for any public or commercial purpose. For purposes of these terms, any use of these materials on any other web site or networked computer environment for any purpose is prohibited. The materials at this site are copyrighted and any unauthorized use of any materials at this site may violate copyright, trademark, and other laws. If any of these terms are breached, authorization to use this site automatically terminates and any downloaded or printed materials must immediately be destroyed.
Customer Responsibility: You, the customer agree to provide accurate, complete and non-counterfeit information when using this site. You agree that you are 18 years or older. You are responsible for any order you place on this site.
Quotes: Quotes are good for 30 days. On quotes that have multiple files or multiple quantities of file(s) the individual price per part reflects a “batch” price and does not reflect the individual price for any part. “Additive Experts, LLC” reserves the right to adjust pricing formulas periodically however varying combinations of files and part quantities will result in a different per part price. Separate grouped parts that exist within the same STL file are not allowed and will be quoted as separate parts/files. All quotes are subject to final inspection of 3D CAD data and or 2D drawings.
Special Conditions: At the time of sale, customers of “Additive Experts, LLC” may be required to agree to additional order specific terms and conditions that are applicable to that unique transaction. Payment: Quoted prices are in US dollars. “Additive Experts, LLC” can start an order with either an approved purchase order, a signed quote or with a valid credit card. By default all payments placed on terms are due NET 30 from the ship date. Orders that exceed $2,500 USD are subject to a 50% down payment. Orders placed using a purchase order will require an approved purchase order or a signed quote faxed back to 860-378-4359 before the job is started.
Shipments: All shipments are sent from New Britain, Connecticut. Unless otherwise specified, in writing, “Additive Experts, LLC” will ship using our account and will add shipping and handling charges to your invoice. All orders are considered accepted and final after 5 business days of receipt of completed order.
Disclaimer: THE MATERIALS AND INFORMATION PROVIDED AT THIS SITE ARE PROVIDED “AS IS” WITHOUT ANY WARRANTIES OF ANY KIND INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF INTELLECTUAL PROPERTY. “Additive Experts, LLC” further does not warrant the accuracy and completeness of the materials at this site. “Additive Experts, LLC” may make changes to the materials at this site, or to the products and prices described in them, at any time without notice. The materials at this site may be out of date and “Additive Experts, LLC” makes no commitment to update the materials at this site.
Limitation of Liability: IN NO EVENT WILL “ADDITIVE EXPERTS, LLC” ITS SUPPLIERS, OR OTHER THIRD PARTIES MENTIONED AT THIS SITE BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOST PROFITS, LOST DATA OR BUSINESS INTERRUPTION) ARISING OUT OF THE USE, INABILITY TO USE, OR THE RESULTS OF USE OF THIS SITE, ANY WEB SITES LINKED TO THIS SITE, OR THE MATERIALS OR INFORMATION CONTAINED AT ANY OR ALL SUCH SITES, WHETHER BASED ON WARRANTY, CONTRACT, TORT OR ANY OTHER LEGAL THEORY AND WHETHER OR NOT ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IF USE OF THE MATERIALS OR INFORMATION FROM THIS SITE RESULTS IN THE NEED FOR SERVICING, REPAIR OR CORRECTION OF EQUIPMENT OR DATA, YOU ASSUME ALL COSTS THEREOF. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY.
Applicable Laws: ”Additive Experts, LLC” administers this site from its office in New Britain, Connecticut, USA. “Additive Experts, LLC” makes no representation that materials at this site are appropriate or available for use outside the United States, or can be accessed from territories where their contents are illegal is prohibited.