Terms
and conditions.
Sale terms for the part manufacturing service: quotes, lead times, tolerances, payments, and warranties.
Seller
As stated herein, the "Seller" refers to Ingeniería de Procesos y Producto I-MAS S.L. (whether acting under its trade names "Proto&Go!" or "www.protoandgo.com", a company registered in Spain.
Recipients
The part manufacturing service is directed solely to companies, with "company" defined as any natural or legal person acting within the framework of their business or professional activity, whether public or private.
Quote and Acceptance
This document from the Seller includes all terms and conditions relating to this transaction. The Seller objects to terms or conditions that differ from those included in any quote request, purchase order, or other document from the buyer, and such different or additional terms shall not be effective or be binding on the Seller, unless agreed in writing and signed by a representative of the Seller. If the buyer issues a purchase order or other writing regarding the subject matter of this transaction, such writing shall be for the buyer's internal purposes only if the terms and conditions included herein are not binding or effective.
Selected Items
Proto&Go! considers the CAD files delivered by the client as validated and therefore is not liable if they contain errors.
Clients are responsible for ensuring that the properties and performance of the selected material and finish meet the requirements for their specific application.
Prototype tolerances
The general tolerance in parts manufactured according to processes 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 (measurements in millimeters) | Designation | more than 0.5 up to 6mm. | more than 6 up to 30mm. | more than 30 up to 120mm. | more than 120 up 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 |
Compliance with prototypes
If the client wishes to return the received parts due to non-conformity, they must notify us within TWO working days following receipt. Additionally, they must attach a non-conformity report specifying the reasons for the return.
Once the non-conformity notification is received, the parts will be collected to allow for a verification of the non-conformity at our facilities. If the issue is confirmed, the parts will be repaired or remade if repair is not possible.
Packaging and shipping
Unless otherwise requested, parts are shipped via NACEX the next working day, prepaid, with the invoice attached.
Unless previously requested, packaging will be done in a cardboard box.
The price refers to delivery ex-works, unless other terms are agreed upon. If the buyer requires a delivery term different from ex-works for the products, the buyer must contact the Seller to detail their requirements. The Seller will accept, at their sole discretion, to adapt to the buyer's requirements, including, among others, transport insurance, the transport method (the Seller reserves the right to vary the mode of transport if any regulation or other relevant considerations so require) and any special packaging requirements. To avoid any doubt, all shipping and packaging costs according to the buyer's requirements that exceed standard ex-works packaging will be borne by the buyer, unless both parties agree otherwise.
Shipping costs will be calculated during the ordering process based on the shipping address.
Product shipping can be made to any country.
Lead time
Delivery time will be counted from the next working day following receipt of the payment associated with the work request.
Quotes issued by the Seller will include an estimated delivery date, calculated based on input data. The lead time generated by the online ordering system constitutes a mere preliminary indication of the delivery date and does not commit the Seller in any way. The estimated delivery time is calculated based on working conditions existing at the time of formalizing the agreement and depends on punctuality in the delivery of materials requested by the Seller for the execution of the work. In case of delays not attributable to the Seller, resulting from a change in the aforementioned working conditions or due to delay in the supply of materials requested for the execution of the work, the lead time will be extended as necessary, the Seller being exempt from any liability for such delay.
If the client does not receive the ordered parts, they must notify us within five days following the scheduled receipt date.
Quotes
A quote is only valid for the 3D model in CAD on which it is based. Any change made to the 3D model in CAD requires an updated quote.
Quotes have a validity of 30 days; after that date, prices may vary without prior notice.
Prices and Payment Terms
All prices are quoted and payments will be made in €. Payment can be made with Visa, MasterCard, PayPal or Bank Transfer.
Independent parts of a quote may be invoiced separately. The Seller reserves the right to decline execution of subsequent components of a quote, or of subsequent quotes, or to cancel a delivery, as long as there are outstanding overdue invoices.
Tax, Liabilities, etc.
The Buyer shall pay all liabilities and sales, surcharges, usage, and other taxes arising from this transaction (other than taxes based solely on the Seller's taxable income).
Warranties
The Seller assumes no liability for the design of the goods subject to this transaction. To the extent that the Seller's personnel have recommended design modifications or have provided a design analysis, simulation, or advice, the purpose is to help meet the Seller's own manufacturing process requirements. Design specifications and the operation of the goods subject to this transaction are the sole legal responsibility of the Buyer.
Without limitation of the foregoing, the Seller assumes no liability for the selection of the materials of the goods subject to this transaction. The Buyer is solely responsible for ensuring that the materials chosen for the goods to be manufactured by the Seller comply with regulatory requirements or specifications, by way of example but not limitation, with Directive 2002/95/EC on the restriction of the use of certain hazardous substances in electrical and electronic equipment (RoHS Directive), along with any national legislation applicable to said Directive, ISO, FDA, UL, CSA, CE, TUV, FCC, NSF, and USP. Any statement made by the Seller's personnel or specifications regarding materials must be verified by the Buyer with the manufacturer of said material.
Liability
The Seller's liability to the Buyer in case of 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 said damages. Any other liability of the Seller, such as those resulting from consequential losses, other indirect losses, and losses resulting from third-party liability, are excluded.
The Buyer agrees to inspect all supplied products and to verify their suitability to the quote as soon as possible upon receipt of the product and before using it. No product shall be returned without the prior written consent of the Seller. In the event that the Seller has not received detailed written notice or a justified complaint within 2 working days from delivery, the product is considered accepted. In the event that the Buyer decides not to exercise said control or uses a non-conforming product, the Buyer releases the Seller from any liability regarding the possible consequences of said use.
Indemnification
The Buyer shall defend, indemnify, and hold the Seller (and its employees, representatives, and agents) harmless from and against all claims, liability, penalties, fines, and sanctions of any kind (including, by way of example but not limitation, interest, legal costs, customs liabilities, fines, taxes, or any other governmental sanction of any kind)
- Resulting from or arising out of any breach of representation, warranty, or contract by the Buyer or its affiliates, pursuant to this document.
- If the Buyer has supplied the Seller with sketches, designs, or other specifications for the goods or services, arising from any claim that the goods manufactured by the Seller (or at the time of manufacture of such articles) infringe or wrongfully appropriate any patent, intellectual property rights, trade secret, or other property right.
- Any other type arising from or related to this transaction; or it is expressly understood that the Buyer will indemnify and defend the Seller and hold the Seller harmless from liability for claims regarding that the Seller was negligent or had a failure.
If any action, lawsuit, or legal proceeding, or a claim, demand, or assessment is brought against the Seller (or against its employees, representatives, or agents), which could result in liability regarding that one of the parties desires indemnification, then, the party will notify the Buyer immediately and the latter will have the right, at its own expense, to assume full control of the defense, commitment, or agreement. At the Buyer's request and at its own expense, the Seller will fully cooperate in such defense and provide the Buyer with all relevant information under its control.
Force majeure
The Seller shall not be liable for any manufacturing defect, delivery, or provision failure of any goods provided pursuant to this document, if such defect or delay is caused by acts of force majeure, fire, storms, strikes, power outages, labor difficulties, disturbances, inability to obtain materials, equipment, labor, or transportation, government restrictions, serious health or public issues, or any similar cause, over which the Seller cannot exercise any control.
EU export laws
The goods subject to this transaction may be subject to EU export control laws and to the laws of the country that restricts the export and re-export of certain products and sensitive technologies, to where they are sent or used. The customer must comply with such laws. The parts cannot be sold, leased, or transferred to end users or to countries with restrictions or to a user involved in weapons of mass destruction or in genocides. Upon receipt of such parts, you commit to act as the legal responsible for their use and distribution, in compliance with EU export control laws, and will comply with such laws, including not distributing or selling the parts to prohibited third parties or end users, as described in the EU export regulations, and also commit to obtaining all necessary export permits and approvals in the event that you sell or export the parts to third parties or to countries that require such permit or approval.
Molds
Due to the nature of the Seller's process ownership, all molds, guide templates, and software developed by the Seller are the property of the Seller and are generally not compatible with other equipment nor can they be transferred to them. The Seller retains title to the molds. However, any mold or engineering cost imposed by the Seller, such as molds and software produced by the Seller, shall be the exclusive property of the latter. However, the Seller will not use a customized mold or software in the production of goods for any of the Seller's customers without the express permission of the buyer. As stated in this section, "customized molding or software" refers to the mold or software developed specifically for the buyer and for which the buyer pays separately to the Seller.
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 shall have exclusive jurisdiction.