TERMS AND CONDITIONS
These Terms and Conditions of Sale (“Terms”) apply to any purchase of Goods or Services by a customer or User (“you”) and supply of Goods or Services by ROBOFACTURING3D (the “Agreement”), being ROBOFACTURING3D the Owner and provider of the Website https://www.robofacturing3d.com.
Please, note that ROBOFACTURING3D reserves the right to modify these Terms and Conditions as we may deem necessary from time to time or as may be required by law, updating the “Last Updated” date at the top of this Agreement. Any changes will be immediately posted on the Website and you are deemed to have accepted the terms of the Terms and Conditions on your first use of the Website following the alterations.
Please read these Terms and Conditions carefully, and in addition to our Privacy Policy, which can be found at:
https://robofacturing3d.com/privacy-policy/
1. DEFINITIONS AND INTERPRETATION OF THIS TERMS AND CONDITIONS
1.1 In this Terms and Conditions, you will find the following definitions:
ROBOFACTURING3D LIMITED, ROBOFACTURING3D, we, us, our or the Owner: ROBOFACTURING3D LIMITED, a company incorporated in England and Wales with registered number 12720486 whose registered office is at Flat 111 Lighterman Point 3 New Village Avenue, London, England, E14 0ND.
Website: the website https://www.robofacturing3d.com, and any sub-domains of this site unless expressly excluded by their own terms and conditions.
User, you or yours: any third party that is using the Website or our Service, and is not employed by ROBOFACTURING3D and acting in the course of their employment.
Terms: Terms and Conditions of Sale, agreed by you after reading this document.
Agreement: Purchase of Goods or Services by a User and supply of Goods or Services by ROBOFACTURING3D.
Goods: part(s) that you order to us, via our Website or other means, in accordance to these Terms.
Order: A request from you to us, to be supplied Goods and/or our Service, in accordance with these Terms.
Services: any type of activity provided from us to you.
Manufacturing Project: CAD files and drawings that you supply to us via our Website or other means for the completion of the Agreement in accordance with these Terms.
Manufacturing Partners: Person or organization that has agreed to work with us in the completion of your Agreement, in accordance with these Terms.
The Program: Network of third party manufacturers who are capable of providing the required services on behalf of ROBOFACTURING3D, for the completion of the Agreement in accordance with these Terms.
1.2 In these Terms, unless the context requires a different interpretation, the headings and sub-headings do not form part of these Terms and Conditions of Sale.
2. WHAT WE DO
ROBOFACTURING3D is an online platform for quoting and ordering of custom manufactured parts, utilising a network of trusted Manufacturing Partners to produce the parts.
3. OUR SERVICE AGREEMENT WITH YOU
3.1 By using our Website and/or our Services, you acknowledge to have read, understood and agreed to be bound by these Terms and you are agreed to this Agreement. If you do not agree with these Terms, please, you should not use our Services and/or access our Website.
3.2 The Agreement is made and entered into between ROBOFACTURING3D and you, in relation to its subject matter and supersedes any prior agreement between us and you, including any non-disclosure agreement. You acknowledge that you have not relied on any statement, promise or representation or assurance or guarantee that is not set out in the Agreement.
3.3 By completing the registration process, you represent that you have:
– read, understood and agreed to be bound by this Agreement;
– you are of legal age to form a binding agreement with ROBOFACTURING3D; and
– you have the authority to enter into this Agreement personally or on behalf of the company you have named as the User when you registered with us.
3.4 In the event of a conflict between provisions contained in the Agreement and these Terms, the Terms will prevail. No addition, alteration or substitution of these Terms will bind ROBOFACTURING3D, even if included within the Agreement, unless explicitly accepted in writing by ROBOFACTURING3D.
3.5 These Terms and the Agreement are made in Spanish and /or English languages.
4. ORDERS AND ITS ACCEPTANCE
4.1 ROBOFACTURING3D hosts and maintains an online platform available at the website www.robofacturing3d.com that enables you to upload your CAD files and drawings for your manufacturing projects (each is a “Manufacturing Project”). In order to offer you the best pricing, efficiency and quality of manufacture, we operate a Manufacturing Partner program that consists of a network of third party manufacturers who are capable of providing the required services on behalf of ROBOFACTURING3D. (the “Program”).
4.2 You may register on our Website, using a valid email address and delivery needed details, to order a Service from us. When you register, you must specify a secure password to use with your account. You must keep your password confidential and not allow your password to be used by anyone else.
4.3 You are responsible to ensure that all information provided in a quotation request is accurate and complete and the specifications for your order are in accordance with any instructions given by ROBOFACTURING3D, and take into account all manufacturing and other limitations as specified by ROBOFACTURING3D on our Website or as otherwise made available to you.
4.4 Any Orders submitted by you are requests and do not bind ROBOFACTURING3D in any way. ROBOFACTURING3D is under no obligation to accept an order and can reject any order at its sole discretion before it has accepted the Order.
4.5 Our acceptance of your order will take place when we contact you to accept it, which may be by email or other electronic notification, at which point the Agreement will come into existence between you and us. Before accepting the Order we will ensure our Manufacturing Partner has agreed to any supply requests.
4.6 Each Order will identify: (a) the parts and items to be delivered (each, a “part”); (b) shipping terms; (c) delivery location; (d) delivery dates; and (e) the CAD file(s) and other written specifications related to the part(s) that have been agreed to by you and ROBOFACTURING3D (the “Specifications”)
4.7 If we are unable to accept your Order, we will inform you of this and will not charge you for the Goods. This might be because parts cannot be produced as requested or others unexpected problems.
4.8 Any changes to an Order after it has been made is subject to ROBOFACTURING3D’s acceptance and may be subject to additional charges.
4.9 Once in production, as the parts are produced for you based on your specifications (made to order), it is not possible for you to cancel your Order.
4.10 If you wish to order Goods on the basis of the quote we have supplied, you can do so by paying online via our Website, by bank transfer as otherwise made available to you. Each Order is an offer by you to buy the Goods specified in the Order subject to these Terms.
4.11 We accept orders from addresses all over the world, but all orders are subject to English law.
5. SPECIFICATIONS OF PARTS
5.1 You are responsible for providing ROBOFACTURING3D with correct and complete 3D and/or 2D technical drawings to produce the parts. All relevant files required for the production of your parts must be uploaded by you to the quote page or, in the event of a specific or special order, provided to ROBOFACTURING3D in the agreed upon manner.
5.2 ROBOFACTURING3D does not have an obligation to review any of the specifications, data or drawings that you provide. We are not responsible for any discrepancy between CAD and .pdf files, and in the event of any such discrepancy designs will be made to the specification as set out in the 2D file to avoid production delays.
5.3 You are responsible for ensuring that the format of the CAD file containing the part that you require, is a single body file and not a multi-body file or an assembly file. We do not accept any liability where parts have been incorrectly produced as the result of a multi-body file. Orders that are placed and where production has begun, where a multi-body file has been provided by email or uploaded to the platform will not be refunded in any circumstances.
5.4 If a part includes threads or specific tolerances it is your responsibility to provide a technical drawing with the relevant specifications, to ensure to indicate this in the quotation request and to check if this is reflected correctly in the Order.
5.5 ROBOFACTURING3D will not be responsible for incorrectly designed parts, parts that do not assemble correctly, parts with thick cross-sections that produce sink marks, warp, or incorrectly provided CAD data or technical drawings.
5.6 The scale and units of any parts transferred or uploaded to us must be metric units (mm).
6. YOUR RIGHTS TO MAKE CHANGES
6.1 If you wish to make a change to the Goods you have ordered, please contact us as soon as possible, with a completed Engineering Change Notice Document. We will let you know if the change is possible. If it is possible, we will let you know about any changes to the price of the Goods, the timing of supply or anything else which would be necessary as a result of your requested change and ask you to confirm whether you wish to go ahead with the change.
7. DELIVERY, INSPECTION, ACCEPTANCE, COMPLAINTS AND RETENTION OF TITLE
7.1 We will usually contact you during the order process with an estimated delivery date. Occasionally our delivery to you may be affected by an Event Outside Our Control. See clause 17 for our responsibilities when this happens.
7.2 Delivery is complete once the Goods have been unloaded at the address for delivery set out in your Order and the Goods will be at your risk from that time.
7.3 You must inspect the parts immediately upon receipt and notify ROBOFACTURING3D within five (5) working days of the date of delivery of the parts, in writing, if you believe any part of an Order is missing, defective, wrong or damaged. After notice of intent to reject is given, ROBOFACTURING3D will cooperate with Manufacturing Partner in determining whether rejection is necessary or justified. Unless you have so notified ROBOFACTURING3D, specifying the nature of what is missing, wrong, or damaged within five (5) working days of delivery, the parts will be deemed accepted, non-returnable and non-refundable. In the event a part or shipment is properly rejected in accordance with the Terms herein, ROBOFACTURING3D agrees to promptly, on receipt of notice of rejection, use best efforts to provide replacement parts.
7.4 If after receiving your Order, you alter the parts in any way without the prior written consent thereto of ROBOFACTURING3D, the parts will be deemed accepted, non-returnable and non-refundable.
7.5 ROBOFACTURING3D shall be entitled to suspend its delivery obligations under an Order or these Terms in the event there are, in ROBOFACTURING3D’ sole discretion, reasonable and objective grounds to doubt whether you are able or willing to fully and timely fulfil your payment obligations or whether you fully comply with the any other terms and conditions of these Terms.
7.6 If we fail to deliver the Goods, our liability is limited to the cost of obtaining replacement goods of a similar description and quality in the cheapest market available, less the price of the Goods. However, we will not be liable to the extent that any failure to deliver was caused by an Event Outside Our Control (see clause 17) or because you failed to provide adequate delivery instructions or any other instructions that are relevant to the supply of Goods.
7.7 You own the Goods once we have received payment in full, including all applicable delivery charges, duties and taxes.
8. INTERNATIONAL DELIVERY
8.1 If you order Goods from us for delivery outside United Kingdom, your Order may be subject to import duties and taxes which are applied when the delivery reaches that destination. Please note that we have no control over these charges. You will be responsible for payment of any such import duties and taxes.
8.2 You guarantee that you will comply with all applicable laws and regulations of the country for which the Goods are destined, and inform us of any applicable export licences. We will not be liable or responsible if you break any such law, and you will indemnify us for any loss or damage (including legal costs) we suffer as a result of your breach of this guarantee.
9. OUR GUARANTEE FOR THE GOODS
9.1 ROBOFACTURING3D uses reasonable endeavors to ensure the quality of our manufacturing supply chain using a documented process. We receive completed inspection reports and certificates of conformity from our Manufacturing Partners for our own internal purposes (not available to buyers). We also request Manufacturing Partners to complete our own inspection reports to confirm the Goods meet your specification, which reports will be supplied to you with the Goods in case you order them. However, we do not inspect Goods ourselves other than for our own internal purpose of monitoring our Manufacturing Partners. If you have bespoke inspection requirements, we will provide a quotation on a case-by-case basis in advance of accepting the Order.
9.2 Subject to clause 5 of these Terms, you acknowledge that Goods are manufactured to specifications and design files supplied by you, and that accordingly we supply such Goods without any guarantee or representation that the Goods will meet your requirements, be fit for any particular purpose, or be of satisfactory quality other than as set out at clause 5.
9.3 We will not be liable for breach of the guarantee set out in clause 5 if:
– you make any further use of the Goods after giving notice to us under clause 7;
– the defect arises as a result of us following any CAD file, drawing, design or specification supplied by you;
– you alter or repair the Goods without our written consent;
– the defect arises as a result of fair wear and tear, wilful damage, negligence, or abnormal storage or working conditions; or
– the Goods differ from their description or specification as a result of changes made to ensure they comply with applicable statutory or regulatory requirements.
10. LIABILITY
10.1 To the maximum extent permitted by law, in no event, you SHALL exclude your liability, even in case of:
– death or personal injury caused by your negligence;
– fraud or fraudulent misrepresentation; or
– any other liability that cannot be limited or excluded by law.
10.2 We will under no circumstances be liable to you, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, arising under or in connection with the Agreement for:
– any loss of profits, sales, business, or revenue;
– loss or corruption of data, information or software;
– loss of business opportunity;
– loss of anticipated savings;
– loss of goodwill; or
– any indirect or consequential loss.
10.3 Our total liability to you for all losses arising under or in connection with the supply of Goods under the Agreement, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, will in no circumstances exceed the manufacturing cost to us of the Goods to which the losses relate.
10.4 The technical data of the materials provided in our Website should be considered as reference data. ROBOFACTURING3D is not responsible for the technical information of the materials.
11. PRICES
11.1 All prices stated by ROBOFACTURING3D are exclusive of value added tax (VAT) or any other taxes, governmental fees, assessments or duties, unless expressly stated otherwise herein. You are responsible for all taxes associated with the Order (other than taxes based on ROBOFACTURING3D’ income).
11.2 Without limiting the foregoing, you shall pay all applicable taxes that ROBOFACTURING3D charges you in addition to the prices quoted.
11.3 The price of the Goods does not include delivery charges. Our delivery charges are as advised to you in the quote, before you confirm your Order.
11.4 In the event of changes to cost price factors, ROBOFACTURING3D reserves the right to charge such costs to you.
11.5 It is always possible that, despite our reasonable efforts, some of the Goods may be incorrectly priced. If we discover an error in the price of the Goods you have ordered, we will contact you to inform you of this error and we will give you the option of continuing to purchase the Goods at the correct price or cancelling your Order. We will not process your Order until we have your instructions. If we are unable to contact you using the contact details you provided during the order process, we will treat the Order as cancelled and notify you in writing. If we mistakenly accept and process your Order where a pricing error is obvious and unmistakable and could reasonably have been recognized by you as a mispricing, we may cancel supply of the Goods and refund you any sums you have paid.
12. PAYMENT
12.1 Payment for the Goods and all applicable delivery charges are in advance, unless otherwise agreed. When we agree that payment is not in advance, you must pay all invoices within 30 days from date of invoice.
12.2 ROBOFACTURING3D is not responsible for any delay in carrying out your Order caused by your delay in making payments.
12.3 The amounts due shall, unless otherwise agreed, be paid by debit/credit card or bank transfer. All costs related to the method of payment shall be your responsibility.
12.4 If any amount due is not made when it becomes due and payable, a late payment interest of two percent (2%) per month, or the highest amount permitted by applicable law, whichever is less, shall be due and payable with respect to such amount to be calculated from the time such amount became due until the time such amount is paid in full.
12.5 ROBOFACTURING3D may, in the event of any overdue payment, suspend any delivery of parts to you or prevent you from placing any future Orders until all amounts due are paid.
13. YOUR OBLIGATIONS
13.1 Without limiting or qualifying your liabilities, obligations or indemnities otherwise assumed by you pursuant to this Agreement, you shall maintain appropriate insurance policies, at your sole cost and expense, in amounts adequate to cover your obligations and responsibilities under this Agreement.
13.2 You must have the right to upload design files. If you upload or email design files you guarantee that the use by us and our Manufacturers Partners of such designs (or any products made to those designs) will not infringe any third party rights. You will be liable to us and indemnify us for any loss or damage (including legal costs) we suffer as a result of your breach of this guarantee.
13.3 You must not deal directly with our Manufacturing Partners or identify who you are to them. Once a quote has been provided or Goods delivered, in no circumstances you must not attempt to deal directly with the Manufacturing Partners concerned for a period of 3 years after your last quote/delivery from us. Any such dealings will breach the terms of this Agreement and will entitle us to claim reasonable compensation for any losses suffered by us as a result of such breach.
13.4 You may only assign or transfer this Agreement, and your rights and obligations to another person with ROBOFACTURING3D prior written consent, and any attempted assignment, subcontract, delegation, or transfer in violation of the foregoing will be null and void.
13.5 You are responsible for configuring your information technology, computer programs and platform to access our site. You should use your own virus protection software. You must not misuse our site or systems by knowingly introducing viruses, trojans, worms, logic bombs or other material that is malicious or technologically harmful. You will be liable to us and indemnify us for any loss or damage (including legal costs) we suffer as a result of your breach of this guarantee.
14. INTELLECTUAL PROPERTY RIGHTS AND MARKETING
14.1 By placing an Order, you grant ROBOFACTURING3D a non-exclusive, royalty-free, worldwide, transferable and sub-licensable license to use, copy, modify, distribute and display the data (including 3D CAD Data), documentation, drawings and specifications you provide for manufacturing the parts as necessary to produce, ship and sell the parts to you and to improve our products and services.
14.2 By placing an Order, you authorize ROBOFACTURING3D to use your trademarks, logos, name or signs for marketing purposes. This means that we may mention you as a customer of ROBOFACTURING3D on our Website and in other promotional material such as advertising, press releases, interviews, promotional materials or presentations. We will not use your name if you are a natural person. The substantive content provided by you continues to be governed by the confidentiality clauses in these Terms and our Privacy Policy, which can be found at: https://robofacturing3d.com/privacy-policy/
If you have any questions, you may contact ROBOFACTURING3D by email at: soporte@robofacturing3d.com
15. OUR WEBSITE
15.1 We do not guarantee that our site, or any content on it, will always be available or be uninterrupted. We may suspend or withdraw or restrict the availability of all or any part of our site for business and operational reasons. We will try to give you reasonable notice of any suspension or withdrawal.
15.2 We do not guarantee that our site will be secure or free from bugs or viruses. You are responsible for configuring your information technology, computer programs and platform to access our site.
16. TERMINATION
16.1 ROBOFACTURING3D has the right to immediately terminate the Agreement in whole or in part if you fail to pay any amount due under the Agreement on the due date for payment.
16.2 Without prejudice to any other rights ROBOFACTURING3D may have under these Terms or the applicable laws, ROBOFACTURING3D has the right to immediately terminate the Agreement in whole or in part upon written notice if:
– you are declared bankrupt, are granted a (temporary) moratorium on payment of your debts, if you have filed a petition for bankruptcy or if a receiver is appointed for you;
– if you go into liquidation or there is a threat of suspension of payments;
– if you cease, or threaten to cease, to carry on your business; or
– if you breach these Terms, our Privacy Policy or the Agreement.
16.3 Upon termination pursuant to clauses 16.1 and 16.2, ROBOFACTURING3D shall not have an obligation to deliver the parts to you. Any amounts that you paid us are non-refundable, and any amounts that you still owe us under the Order become immediately due and payable in full.
16.4 The User has not rights to terminate and Order in whole or in part once the Agreement has been closed, unless the User has our writing consent. The consent will be given once the User has paid a cancellation clause of the Agreement that will cover the expenses incurred to ROBOFACTURING3D, in accordance with our Payment Terms.
17. EVENTS BEYOND OUR CONTROL AND FORCE MAJEURE
17.1 ROBOFACTURING3D will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under the Agreement that is caused by any act or event beyond our reasonable control (Event Outside Our Control) or acts or omissions or any other occurrence commonly known as force majeure, including but not limited to war, pandemic, riots, acts of terrorism, nature disasters, embargoes, strikes, or other concerted acts of workers, casualties or accidents.
17.2 If an Event Outside Our Control takes place that affects the performance of our obligations under the Agreement, we will contact you as soon as reasonably possible to notify you. Our obligations under the Agreement will be suspended and the time for performance of our obligations will be extended for the duration of the Event Outside Our Control.
17.3 Nothing in these clauses 17.1 and 17.2 will excuse you from your payment obligations for amounts due and payable under an order.
18. COMMUNICATIONS
18.1 When we refer to “in writing” in these Terms, this includes email or through our in-platform chat.
18.2 The communications between you and ROBOFACTURING3D use electronic means, whether you visit the ROBOFACTURING3D website or send ROBOFACTURING3D emails, or whether ROBOFACTURING3D posts notices or communicates with you via email. For contractual purposes, you:
– consent to receive communications from ROBOFACTURING3D in an electronic form; and
– agree that all terms and conditions, agreements, notices, disclosures, and other communications that ROBOFACTURING3D provides to you electronically satisfy any legal requirement that such communications would satisfy if it were to be in writing.
19. CONFIDENTIALITY AND USE OF YOUR INFORMATION
ROBOFACTURING3D will use your personal information as set out in our Privacy Policy, which can be found at: https://robofacturing3d.com/privacy-policy/
19.1 You and we must not make each other’s confidential information available to any third party, or use each other’s confidential information for any purpose other than in accordance with these Terms. However, we may disclose your confidential information to our Manufacturers partners for the purposes of obtaining quotes or fulfilling Orders placed by you.
19.2 We will not be responsible for any loss, destruction, alteration or disclosure of confidential information caused by any third party.
19.3 You and we will remain bound by the confidentiality provisions in these Terms and in our Privacy Policy if we cancel the Agreement.
20. MISCELLANEOUS
20.1 The provisions of these Terms shall be severable, and in the event that any provision of the Agreement is found to be legally unenforceable, such unenforceability shall not prevent the enforcement of any other provision of these Terms.
20.2 The Agreement is between you and us. No other person has any rights to enforce any of its terms.
20.3 Your relationship to ROBOFACTURING3D under this Agreement is that of an independent contractor. Nothing in this Agreement is intended or should be construed to create a partnership, joint venture, or employer-employee relationship between ROBOFACTURING3D and you. You agree to take no position with respect to or on any tax return or application for benefits, or in any proceeding directly or indirectly involving ROBOFACTURING3D that is inconsistent with you being an independent contractor (and not an employee) of ROBOFACTURING3D. You are not an agent of ROBOFACTURING3D and are not authorized, and must not represent to any third party that You are authorized, to make any commitment or otherwise act on behalf of ROBOFACTURING3D.
20.4 These Terms are binding upon the parties’ successors, heirs and assigns.
20.5 These Terms, together with an accepted Order, and our Privacy Policy constitute the entire Agreement between the parties relating to the subject matter herein and supersedes all previous agreements, arrangements and undertakings between the parties with respect to that subject matter (including but not limited to provisions in your Order that are rejected).
21. GOVERNING LAW AND JURISDICTION
21.1 These Terms are governed by English law and each party irrevocably agrees to submit all disputes arising out of or in connection with this Agreement to the exclusive jurisdiction of English court without regard to conflict of laws principles.
21.2 The parties agree that in the event that any suit or proceeding is brought in connection to an Order, these Terms or the relationship between ROBOFACTURING3D and you (natural or legal person acting as an entrepreneur), on any basis whatsoever, such suit or proceeding shall be brought in courts located in London, England.
22. QUESTIONS & SUGGESTIONS
If you have any questions, suggestions, complaints or claims with respect to ROBOFACTURING3D or about our Terms and Conditions of Sale, please feel free to contact Us by email at soporte@robofacturing3d.com. We will do our best to address Your concerns. If You feel that Your concerns have been addressed incompletely, we invite You to let us know for further investigation.
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