The following terms and conditions apply
“Carrier” means a common carrier.
“Company” means “ 3dstuffsnl”
“Delivery Date” means the date goods are placed on board a Carrier at the Company’s warehouse, irrespective of who bears the cost of the freight.
“Customer” means a person or company whose order for the purchase of goods is accepted by the Company.
“Maintenance Instructions” means instructions providing the maintenance requirements and instructions for the goods including a maintenance log.
“Order Date” means the date on which an order for goods is received by the COMPANY .
“Receiving Address” means the address provided by the CUSTOMER to which the goods are to be transported and left.
“Receiving Date” means the date goods are left at the Receiving Address.
“Sales Invoice” means a document issued by the COMPANY to the CUSTOMER stating amount(s) charged for the goods delivered.
“Spares parts” means the standard subassemblies and parts used to fabricate and/or repair the Products manufactured by the COMPANY.
“Special Order Goods” means goods packaged or made at the request of the CUSTOMER specifically for the CUSTOMER.
“Terms” means these terms and conditions of sale.
“Products” means the COMPANY’s products and services offered for sale
a) The headings used in this document do not form part of the Terms, but exist for convenience only.
b) Where the context admits or requires, words denoting a singular number shall include the plural number, those denoting a given gender shall include all other genders, and those denoting natural persons shall include corporations.
a) Any order placed by a CUSTOMER will be taken to be an order incorporating the Terms.
b) any terms and conditions of the CUSTOMER’S order deviating from or inconsistent with the Terms are expressly rejected by the COMPANY and the COMPANY expressly rejects any variations to the Terms, unless the COMPANY expressly agrees to the terms in writing
3. PRICES & PAYMENT
3.1. All Prices are subject to change at any time without notice. The CUSTOMER is liable for all costs related to shipping, delivery and insurance, and also bears the risks for bringing the goods to their final destination.
3.2 Prices are exclusive of any national, state or local sales, value added or other taxes, customs duties, or similar tariffs and fees which shall be the responsibility of CUSTOMER. An amount equal to the appropriate taxes, duties or fees will be added to the price by the COMPANY where the COMPANY has the legal obligation to collect such taxes , and this will be paid by the CUSTOMER.
3.3 The COMPANY will not ship any order to a CUSTOMER unless the required payment for the order is received in FULL.
3.4 Any orders received are subject to acceptance by COMPANY and will not be deemed accepted until a written confirmation has been issued to the CUSTOMER normally by email. The COMPANY may accept or refuse any order for goods in its absolute discretion.
4.1) The CUSTOMER does not have a right to cancel or change an order without approval from the COMPANY.
4.2) In the event the COMPANY provides its written consent to the CUSTOMER to cancel or change an order, it does so without prejudice to any other rights the COMPANY may have.
4.3) The CUSTOMER maybe liable to pay the COMPANY for any loss, damage or expense incurred by the COMPANY should the CUSTOMER cancel an order, or any part thereof, without the COMPANY’s written approval.
4.4) In any event the CUSTOMER cancels an order before the order is dispatched from the COMPANY and the order is not a “Special Order Goods”, then there will be a minimum charge of US$35 being for administration and processing fees.
5 . SPECIFICATIONS
The COMPANY makes all reasonable efforts to accurately describe and display the features of its products but makes no representation to the completeness, accuracy and correctness of the information provided. Furthermore, the COMPANY reserves the right to change without notice the construction, design, dimensions and performance of goods and related documentation and packaging.
6. PRODUCT GUARANTEE
6.1 The COMPANY guarantees to CUSTOMER that the Products will be free from defects in material and workmanship under normal use and service for a period of twelve (12) months from the original delivery date.
6.2 The guarantee contained in this clause 6.1 to the full extent permit by Law will not apply if:
(i) the fault has been caused by:
(A) improper use;
(B) improper installation;
(C) improper service;
(F) accidental or intentional damage;
(G) unauthorised repair or modification;
(H) use contrary to instructions provided by the COMPANY;
(I) use of components not manufactured by the COMPANY;
(J) unauthorised repair or modification; or
(K) factors outside the control of the COMPANY;
(ii) maintenance and servicing has not been undertaken according to the Maintenance Instructions provided by the COMPANY with the goods;
(iii) the maintenance log is not properly maintained in accordance with the COMPANY’s instructions; or
(iv) the goods have been used in an environment that:
(A) requires more usage;
(B) is more corrosive; or
(C) is more severe than the environment for which the goods are guaranteed by clause 6.1.
6.3) The guarantee contained in clause 6.1 will not apply to goods which are not accompanied by a copy of the original invoice showing the original date of delivery.
OPERATION OF THE PRODUCT THAT RENDERS THIS WARRANTY VOID WILL BE DEFINED TO INCLUDE ALL OF THE POSSIBILITIES DESCRIBED ABOVE TOGETHER WITH ANY PRACTICE WHICH RESULTS IN CONDITIONS EXCEEDING THE DESIGN TOLERANCE OF THE PRODUCT.
THIS CONSTITUTES THE SOLE WARRANTY MADE BY THE COMPANY EITHER EXPRESSED OR IMPLIED. THERE ARE NO OTHER WARRANTIES EXPRESSED OR IMPLIED WHICH EXTEND BEYOND THE FACE HEREOF, HEREIN, INCLUDING THE IMPLIED WARRANTIES MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE
a) So far as the law permits, the liability of the COMPANY for a breach of a condition or warranty that cannot be excluded is limited, at the COMPANY’s option, to:
(i) the replacement or repair of the goods;
(ii) the supply of equivalent goods; or
(iii) the cost of replacing or repairing the goods or of acquiring equivalent goods
b) The CUSTOMER agrees to release, hold harmless and indemnify the COMPANY to the maximum extent permitted by law from and against any liability whatsoever and howsoever arising (including, without limitation, from negligence or wilful misconduct on the part of the COMPANY or others) in connection with the sale of the goods by the COMPANY.
c) Without limiting the scope of paragraph (b), the CUSTOMER agrees to release, hold harmless and indemnify the COMPANY to the maximum extent permitted by law for the cost of:
(i) removing faulty or defective goods from assemblies in which they have been installed (placed, attached or fixed);
(ii) installing replacement goods into the assemblies from which faulty or defective goods have been removed;
(iii) collecting faulty or defective goods from persons to whom the CUSTOMER has sold goods supplied by the COMPANY;
(iv) delivering replacement goods to persons to whom the CUSTOMER sold faulty or defective goods; and
(v) freight or any other cost incurred in returning faulty or defective goods to the COMPANY’s warehouse.
So far as the law permits, the COMPANY is not liable in any way for any indirect, incidental or consequential loss or loss of profit including, without limitation, any loss by reason of delay, defective or faulty materials or workmanship, negligence or any act or matter or thing done, permitted or omitted by the COMPANY.
REPAIR OR REPLACEMENT IN THE MANNER PROVIDED ABOVE SHALL BE THE SOLE AND EXCLUSIVE REMEDY OF PURCHASER FOR BREACH OF WARRANTY AND SHALL CONSTITUTE FULFILLMENT OF ALL LIABILITIES OF COMPANY WITH RESPECT TO THE QUALITY AND PERFORMANCE OF THE PRODUCTS