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Refer to the quotation for the payment terms/milestones.
Payment terms are typically 50% deposit and 50% before shipment unless stated otherwise in the quotation.
Terms and Conditions of Sale:
Installation & Training:
Objective3D shall provide installation and on-site operator training for Stratasys and Nikon SLM Solutions equipment. Materialise SW, Formlabs, MakerBot, and Artec3D equipment are excluded, unless otherwise specified in the quotation.
12 Months Warranty:
Parts and Labour, excluding print heads for Stratasys machines, unless otherwise stated in the quotation. For Artec3D scanners, the warranty is 24 months. For MakerBot, the warranty is 12 months, return to base, unless a swap-out service contract is purchased.
Payment Terms and Conditions:
Price quoted in AU dollars (unless specified), ex-GST, unless otherwise specified.
Time and Conditions of Delivery:
Per the attached quotation. Incoterms are DAP, unless otherwise specified.
Validity:
This proposal is valid as per the specific terms of the quotation.
Currency Fluctuations:
We reserve the right to change the price if the exchange rate fluctuates more than 3% within the quotation period, or unless otherwise stated in the quotation.
Objective 3D agrees to sell, and customer agrees to purchase, the system(s), systems’ parts, proprietary resin and/or other consumables (“consumables”), and other products and services described to customer (collectively, the “product(s)”), upon the terms and conditions set forth herein.
Customer shall pay all applicable sales, use, and other taxes or duties imposed on the sale, purchase, or license of the products and software, together with all applicable transportation, insurance, and handling charges.
Objective 3D hereby grants to the customer a non-exclusive, non-transferable, revocable, and limited license to use the Objective 3D-provided software (“software”) and instructions, specifications, and similar written information that Objective 3D makes available from time to time in conjunction with the product.
Customer shall not directly or indirectly disassemble, decompile, or reverse engineer the products or the software.
2.1
The customer may not cancel or change an accepted purchase order without Objective 3D’s prior written consent.
2.2
The customer shall pay for the products in accordance with written terms detailed by an authorized officer of Objective 3D and shall not be entitled to suspend payments, set-off, or deduct any amount invoiced by Objective 3D.
In the event the customer is in default in respect of payment of any sum invoiced by Objective 3D, then without prejudice to Objective 3D’s other rights and remedies:
(a) all outstanding sums shall immediately become due and payable to Objective 3D, notwithstanding any credit terms granted to the customer;
(b) Objective 3D may delay or suspend delivery or cancel any existing, pending, or new orders and/or agreements of or with the customer; and
(c) Objective 3D may retain any amount already paid to it by the customer.
2.3.
Any amount not paid by customer when due shall bear interest at the rate of
1.5% (or the highest legal rate) per month.
3. Delivery, title, and risk of loss.
3.1.
The products will be delivered to the customers designated address; New Zealand customers must pay for all local duties and taxes. Additional charges will apply if customer not available to receive goods or address incorrect or incomplete. Objective 3D shall make reasonable efforts to adhere to the quoted dates but may not fulfil all items in an order at one time and does not make any guarantees in this regard. Objective 3D will not be liable for any direct or indirect damage or loss that the customer may incur resulting from a delay. The customer will notify Objective 3D within ten (10) calendar days following the delivery dale of any discrepancies in the list of materials shipped or damages discoverable upon reasonable inspection. If no notification is received within such period, the products shall be deemed to be accepted in the quantity specified on the bill of lading or commercial invoice and in good condition and such acceptance will operate as a bar to claims against Objective 3D.
3.2.
Risk of loss shall pass to customer when goods received by the customer.
3.3.
The products and software shall remain the property of Objective 3D unless and until Objective 3D receives all payments due for the products.
Objective 3D will install products or components that require installation at the customer’s designated facility, provided that Objective 3D has received all applicable payments.
Prior to installation, the customer shall, at their own expense, complete all applicable site preparations as specified by the documentation and applicable law. The customer shall also provide any other assistance, services, and facilities that Objective 3D may request to complete the installation. The customer shall not handle, operate, open, dismantle, or use the products until the installation is complete and in the presence and under the supervision of authorized Objective 3D technical personnel.
Upon completion of installation, Objective 3D will perform a standard test of the products and present the customer with a Certificate of Installation (COI).
6.1.
Objective 3D warrants that for the period defined in writing by an authorized officer of Objective 3D beginning from the date of COI (the “Warranty Period”), such product or software shall substantially meet the Objective 3D specifications. During the warranty period, Objective 3D shall repair or replace, at Objective 3D’s option, any product found to contain defects in materials or workmanship with new or refurbished parts all in a workmanlike manner in accordance with standards set forth by the supplier and undertaken by a certified Objective 3D technician during the installation process. The mutually agreed successful completion is reviewed, agreed, and signed by both parties though use of the completion of installation report (COI). The warranty period shalt not apply to print-heads which will have a warranty for a period of ninety (90) days from the date of COI. Objective 3D shall re-acquire the ownership of any defective components that have been replaced. The customer undertakes to return to Objective 3D any replaced component, within thirty (30) days from the replacement thereof, and Objective 3D will be entitled to invoice the customer for components not returned pursuant to the foregoing terms.
6.2.
Exclusion at warranties. Objective 3D’s obligations hereunder shall not apply to support, maintenance, repair, or replacement necessitated in whole or in part by catastrophe, fault, or negligence of the customer, improper or unauthorized use including without limitation, use prior to receipt of a COI, use of consumables unauthorized by an audited Objective 3d supplier. Installation modification or repair other than by Objective 3D or its authorized representatives, removal of the products from the original installation site, unusual stress, power failure, deviation from recommended maintenance procedures, or failure to maintain the prescribed conditions at the installation site or other failure to comply with applicable documentation. The warranties set forth in section 6.1 are exclusive and in lieu of all other warranties, express, implied, or statutory (including but not limited to any warranty of merchantability, fitness for a particular purpose, title or against infringement). Objective 3D does not warrant uninterrupted or error-free operation. The remedy provided in section 6.1 shall be customer’s sole and exclusive remedy for any failure of Objective 3D to conform with such warranty, and customer shall have no claim, except as aforesaid, against Objective 3D, its affiliates or the manufacturer supplier or licensor of the products, software, or related services, whether based in contract, negligence, products liability, trade practices, or otherwise. Repair or replacement (or refund, as elected by Objective 3D) in the manner provided above shall constitute fulfillment of all liability of Objective 3D with respect to the quality and performance of the products, software, or related services. Customer is solely responsible for selection of the product(s) and services to achieve customer’s intended results or for customer’s particular applications.
6.3.
Limitation of liability. Regardless of whether any remedy set forth herein fails of its essential purpose, in no event shall Objective 3D, its affiliates or the manufacturer, supplier or licensor of the products, software or related services be liable for damages relating to such offerings or otherwise arising out of, related to, or in any way connected with these terms and conditions exceed the actual amount customer paid for the specific product(s), software or related services that directly gave rise to the damages claimed, regardless of the form of action, whether based in contract, negligence, products liability, trade practices, or otherwise. In no event shall Objective 3D, its affiliates or the authorised genuine suppliers be liable for any loss of revenue or profits or indirect, special, incidental, consequential, or reliance damages of any kind even if Objective 3D is made aware of the possibility of such damages.
All notices and communications between the parties shall be in writing and sent by (i) certified mail, return receipt requested, (ii) overnight/express courier, or (iii) email to service@objective3d.com.au (with original to follow) to the last known address of such party (addressed in the case of Objective 3D to the attention of the director), or to such other address(es) of which notice is given in accordance with this section, and shalt be deemed given when received