Terms and Conditions
Terms and Conditions
GENERAL CONDITIONS:
Seller
As set out herein, the “Seller” refers to Product and Process Engineering I-MAS S.L. ( regardless if it operates under its trade names “Proto&Go!” or “www.protoandgo.com”), a company registered in Spain.
Addressed parties
The Parts Manufacturing Service is exclusively addressed to companies, and any natural or legal person acting in the course of their business or professional activity, whether public or private, is considered a company.
Offer and Acceptance
This Seller Document contains all terms and conditions relating to this transaction. Seller Vendor disagrees with terms and conditions that differ from those contained in a Buyer’s Request for Quote, Purchase Order or other document. Such differing or additional terms and conditions shall not be effective or binding on Seller, unless they are agreed to in writing and signed by a representative of Seller. If the Buyer issues a purchase order or other writing on the subject matter of this transaction, such writing shall be for the Buyer’s internal purposes only if the terms and conditions contained herein are not binding or effective.
Selected ítems
Proto&Go! considers the CAD files supplied by the Customer to be validated and therefore assumes no responsibility if they contain errors.
The customer is responsible for ensuring that the properties and performance of the selected material and finishing meet the requirements of its specific application.
Tolerances for prototypes
The general tolerances for process manufactured parts is as follows:
| Stereolithography | (SLA) | ± 0.20 mm per 100 mm |
| Sintering | (SLS) | ± 0.30 mm per 100 mm |
| Fused Deposition Modeling | (FDM) | ± 0.10 – 0.30 mm per 100 mm |
| Polyjet | (OBJ) | ± 0.20 mm per 100 mm |
| Silicone mold | (PUR) | ± 0.20 – 0.30 mm per 100 mm |
| Machining tolerances | Designation | from 0.5 to 6 mm. | from 6 to 30mm. | from 120 to 400mm. | from 120 to 400mm. |
| Metal machining | (CNC-M) | ± 0.05 mm | ± 0.10 mm | ± 0.15 mm | ± 0.20 mm |
| Plastic machining | (CNC-P) | ± 0.10 mm | ± 0.20 mm | ± 0.30 mm | ± 0.50 mm |
Conformity with the prototypes
If the customer would like to return the received workpieces due to non- If the customer would like to return the received workpieces due to non-conformity, he must notify this within TWO working days after receiving the workpieces. He must also enclose a report of the complaint, stating the reasons for the return.
After receiving the complaint, the parts will be picked up so that an analysis of the complaint can be carried out in our company. If the incident is confirmed, the parts will be manufactured again if repair is not possible.
Packing and shipping
Unless otherwise requested, parts are shipped by NACEX the next business day, postage prepaid and with invoice attached.
Packing will be in cartons unless otherwise requested in advance.
The price refers to delivery from the factory, unless other conditions have been agreed in advance. If Buyer desires a different method of ex-works delivery for the Products, Buyer must contact Seller to explain its requirements. The Seller will agree at its sole discretion to accommodate the Buyer’s requirements, including but not limited to transport insurance, method of transport (the Seller reserves the right to vary the mode of transport if any regulations or other relevant considerations so require) and any special packaging requirements. Pour éviter toute ambiguïté, tous les frais d’expédition et d’emballage conformes aux exigences de l’acheteur qui dépassent les exigences d’emballage standard départ usine sont à la charge de l’acheteur, sauf accord contraire entre les deux parties.
Shipping costs are calculated during the ordering process based on the delivery address.
The products can be delivered to any country.
Delivery term
The delivery time is calculated from the next business day on which the payment associated with the work request is received.
Quotations prepared by the Seller include an estimated delivery date calculated on the basis of input data. The delivery time generated by the online ordering system is only a preliminary indication of the delivery date and does not obligate the Seller in any way. The estimated delivery time is calculated on the basis of the working conditions existing at the time of the conclusion of the contract. However, it depends on the timely delivery of the materials requested by the Seller for the execution of the work. In the event of delays not attributable to the Seller, resulting from a change in the aforementioned working conditions or due to a delay in the supply of the materials requested for the performance of the work, the delivery period shall be extended as necessary, and the Seller shall be exempt from any liability for such delay.
If the Customer does not receive the ordered parts, he must notify the Seller within five days from the expected date of receipt.
Quotations
A quotation is valid only for the 3D CAD model on which it is based. Any change to the 3D CAD model requires an updated quotation.
Quotations are valid for 30 days, after which prices are subject to change without notice.
Prices and Payment Terms
All prices are quoted in Euro and payments are made in Euro. Payment can be made by Visa, MasterCard, PayPal or bank transfer.
Independent parts of an offer may be invoiced separately. The Seller reserves the right to withhold execution of subsequent components of a quotation or subsequent quotations or to cancel a delivery while there are outstanding invoices.
Taxes, Duties, etc.
Taxes, obligations, etc. Taxes, Duties, etc. Buyer is responsible for all duties and sales, use, excise and other taxes arising out of this transaction (except for taxes based solely on Seller’s taxable income).
Guarantee
Seller assumes no responsibility for the design of the merchandise subject to this transaction. To the extent that the Seller’s staff has recommended design modifications or has contributed a design analysis, simulation or advice, the reason is to help meet the requirements of the manufacturing process itself Seller. Design specifications and performance of the goods subject of this transaction are legal sole responsibility of the buyer. The design specifications and performance of the merchandise covered by this transaction are the sole legal responsibility of the purchaser.
Seller assumes no responsibility for the selection of materials of the Goods that are the subject of this transaction. The buyer is solely responsible for ensuring that the materials chosen for the goods to be manufactured by Seller meet regulatory requirements or specifications, by way of example but not limited to Directive 2002/95 / EC on use restrictions certain hazardous substances in electrical and electronic equipment (Directive (RoHS), along with any national legislation implementing the directive, ISO, FDA, UL, CSA, CE, TUV, FCC, NSF and USP. Any statement made by the staff seller or specifications concerning materials must be verified by the buyer with the manufacturer of that material.
Responsibility
Seller’s liability to Buyer for actual and proven damages shall be limited to the amount of the product directly related to the reason for the claim, regardless of the degree of severity of such damages. Any further liability of the Seller, e.g. for consequential damages, other indirect damages and damages resulting from the responsibility of third parties, is excluded.
The purchaser undertakes to inspect all products supplied and to verify as soon as possible their conformity with the quotation upon receipt of the product and before use. No goods may be returned without the prior written consent of the Seller. If the Seller has not received detailed written notification or a justified complaint within 2 working days of delivery, the product is deemed to have been accepted. In the event that the Buyer chooses not to exercise such control or uses a non-conforming product, the Buyer releases the Seller from any liability for the possible consequences of such use.
Compensation
Buyer shall defend, indemnify and hold harmless Seller (and its employees, representatives and agents) from and against all claims, liability, penalties, fines and sanctions of any kind (including, but not limited to, interest, legal costs, customs duties, fines, taxes or any other governmental sanctions of any kind).
- Resulting from or arising out of any breach of any representation, warranty or contract of the Buyer or its affiliates hereunder.
- If the buyer has supplied the Seller with sketches, designs or other specifications for the goods or services, arising out of any claim that the goods manufactured by the Seller (or at the time of manufacture of such goods) in accordance with such sketches, designs or other specifications infringe or misappropriate any patent, copyright, trade secret or other proprietary right.
- Any other type arising out of or relating to this transaction; or it is specifically understood that the Buyer will indemnify and defend the Seller and hold the Seller harmless from claims that the Seller was negligent or at fault.
If any action, suit or proceeding, or claim, demand or assessment is commenced against the Seller (or its employees, representatives or agents), which may result in liability in respect of which a party desires indemnity, then the party shall promptly notify the Buyer and the Buyer shall have the right, at its own expense, to assume full control of the defence, compromise or settlement. At the Buyer’s request and at the Buyer’s expense, the Seller shall cooperate fully in such defence and shall provide the Buyer with all relevant information under its control.
Force major
Seller shall not be liable for failure to manufacture, deliver or furnish Goods , if such failure or delay is caused by Force Majeure, fire, storms, strikes, power failures, labor disturbances, riots, inability to obtain the materials, equipment, labor or transportation, governmental requirements, serious health or public problems or for similar reasons beyond Seller’s control.
Export laws of the EU
Goods subject of this transaction may be subject to the export control laws of the United States and the country’s laws that restrict the export and reexport of certain sensitive products and technologies, where gum or used. The customer must abide by these laws. The pieces can not be sold, leased or transferred to end users or to restricted countries or to a user involved in weapons of mass destruction or genocide. Upon receiving these pieces, you agree to act as legal responsibility for its use and distribution in compliance with the laws export control of the EU, and comply with such laws, including not distribute or sell the parts to third parties prohibited or end users, as described in the export regulations of the EU, and also agrees to obtain all permits and export approvals that may be required in the case of selling or exporting parts to third parties or countries in need of such permission or approval.
Molds
Due to the type of ownership of the process of Seller, all molds, jigs and software developed by Seller is owned by it and is generally not compatible with other equipment or can be transferred to them. Seller retains ownership of the molds. However, any mold or engineering spending imposed by the seller, such as molds and software produced by Seller shall be the exclusive property of the latter. However, Seller shall not use a template or custom software in the production of goods for any customer Seller, without the express permission of the buyer. As mentioned in this section, “the molded or custom software” refers to the mold or software developed specifically for the buyer and for which the buyer pays the seller separately.
Jurisdiction
The rights and obligations of the Seller and the Buyer under this contract shall be governed by the laws of Spain. In case of dispute, only the competent courts of the judicial area of the Seller’s registered office have exclusive jurisdiction”.
