GENERAL CONDITIONS – Angus 3D Solutions Ltd
Application of terms and conditions
These general conditions are valid for the order to which this agreement applies and shall be effective as from the Buyer’s request for a quotation or placing an order with Angus 3D Solutions Ltd. The “Buyer” shall mean the person using the services of Angus 3D Solutions Ltd. Angus 3D Solutions Ltd requires the Buyer to expressly acknowledge of this agreement when he request for a quotation or placing an order with Angus 3D Solutions Ltd. A request for a quotation or placing an order with Angus 3D Solutions Ltd is dependent on the Buyer’s acceptance of the present terms.
Use of Angus 3D Solutions Ltd’s Services
Quotations contain prices, based on the information supplied by Buyer at time of quote. Due to technical reasons, it may be impossible for certain parts to be produced using a specific production technique, material or part characteristic as indicated. In such cases, Angus 3D Solutions Ltd undertakes best effort to contact the client. In any case, Angus 3D Solutions Ltd then reserves the right to either build the part with a different characteristic and/or switch to another production technique, and apply any modification to the order (such as modification of price, of terms/term of delivery, …) resulting from such decision.
Angus 3D Solutions Ltd may, at any time during the quotation and the ordering and the manufacturing process, revoke and/or cancel any quotation/order, if this is based on an STL file that contains merged parts (i.e. parts shown in one single STL file which are in fact separate parts), or if there are other technical reasons to do so.
Orders placed by the Buyer are accepted and all contracts are made subject to these terms and conditions which shall prevail and be effective notwithstanding any variations or additions contained in any order or other document submitted by the Buyer. No modification of these Terms shall be binding upon Angus 3D Solutions Ltd or any of its affiliated companies unless made in writing by an authorised representative of Angus 3D Solutions Ltd. Every quotation issued by Angus 3D Solutions Ltd is without any obligation until consented in writing. Order confirmation by Angus 3D Solutions Ltd implies the commencement of the agreement. No modification to the quotation or the terms of manufacture stipulated can be made unless agreed by both parties in writing. Verbal undertakings by and agreements made with staff of Angus 3D Solutions Ltd and/or its representatives are not binding upon Angus 3D Solutions Ltd until and in so far as they have been confirmed in writing.
Limitation of liability
Angus 3D Solutions Ltd is liable as a supplier of products. The Buyer undertakes to include all requirements and specifications relating to the products ordered in the quotation. Since the circumstances in which these products are ordered and used are under the sole control of the Buyer, the latter recognises his responsibility for these circumstances. It is the responsibility of the buyer to determine that the use of any material is safe, lawful and technically suitable to their intended application and should conduct their own testing to ensure suitability for their intended application. Angus 3D Solutions Ltd reserves the right to revoke and/or modify (part of) a quotation and/or order confirmation for technical reasons, in particular in, but not limited to, the case that the products ordered cannot be manufactured in the material or with the production technique ordered by the Buyer. Under no circumstance can Angus 3D Solutions Ltd be held liable for any product defects or specifications have been requested/analysed in the quotation phase. The liability of Angus 3D Solutions Ltd vis-а-vis the Buyer for real and proven damage will, regardless the gravity of the failure, be limited to the price of the product directly related to the reason of the claim. All other liability of Angus 3D Solutions Ltd, such as that for consequential loss, other indirect loss, and loss as a result of third-party liability, is excluded.
Internet communications are capable of data corruption and therefore Angus 3D Solutions Ltd does not accept any responsibility for changes made to such communications after their dispatch. It may, therefore, be inappropriate to rely on information/advice contained in an e-mail without obtaining written confirmation of it. Angus 3D Solutions Ltd does not accept responsibility for any errors or problems that may arise through the use of Internet communication and all risks connected with sending commercially sensitive information relating to the Buyer’s business are borne by the Buyer. If the Buyer does not agree to accept this risk, he should notify Angus 3D Solutions Ltd in writing that e-mail is not an acceptable means of communication.
Angus 3D Solutions Ltd is not liable in case of force majeure. Force majeure implies any circumstance beyond the control of Angus 3D Solutions Ltd – even if this circumstance was foreseeable at the time the agreement was concluded – which permanently or temporarily prevents fulfilment of the agreement, including in particular transport failure. The Buyer undertakes to inspect every supplied product and verify its conformity with the quotation promptly upon delivery and before using it. Goods must not be returned without Angus 3D Solutions Ltd’s prior written authorisation. In case no written, detailed notification of justified complaints has been received by Angus 3D Solutions Ltd within 1 working day after the delivery, the product is deemed to have been accepted. In the case that the buyer omits to exercise this control or decides to use a non-conform product, he dismisses Angus 3D Solutions Ltd from any liability for the possible consequences of the usage of this product.
Term of delivery
Quotations issued by Angus 3D Solutions Ltd shall contain an estimated date of shipment, calculated on the basis of the input data. The term of delivery in the quote, in particular for vacuum casting, stereolithography, laser sintering, FDM, Polyjet, Multijet, and Metal 3D Printing, gives a preliminary indication of delivery time though does not bind Angus 3D Solutions Ltd in any way. The estimated delivery time is based on the working conditions applicable at the time the agreement is concluded and on the punctual delivery of the materials ordered by Angus 3D Solutions Ltd for the performance of the work. Should a delay rise for which Angus 3D Solutions Ltd is not responsible, as a result of a change in the aforementioned working conditions or because materials ordered in time for the performance of the work are not delivered on time, the delivery time shall be extended as required and Angus 3D Solutions Ltd cannot be held liable for such delay. Unless otherwise agreed, the price shall be for delivery ex-works. In the event that the Buyer requires delivery of the Products otherwise than ex-works, the Buyer should contact Angus 3D Solutions Ltd in order to detail its requirements. Angus 3D Solutions Ltd shall, at its discretion, arrange the Buyer’s delivery requirements including, without limitation, transport insurance, the mode of transport (Angus 3D Solutions Ltd reserves the right to vary the mode of transport if any regulations or other relevant considerations so require) and any special packaging requirements. For the avoidance of doubt, all costs of delivery and packaging in accordance with the Buyer’s requests over and above that of delivery in standard packaging ex-works shall be for the Buyer’s account unless otherwise agreed by both parties. Any tax, duty or charge imposed by governmental authority or otherwise and any other applicable taxes, duties or charges shall be for the Buyer’s account.
Due to the tight deadlines within the production of prototypes, it is possible that Angus 3D Solutions Ltd chooses a transporter company other than your choice; this in order to make sure the parcel is delivered on time.
Conditions of payment
Except in the case where a special scheme of payment has been expressly agreed, all invoices are due 30 days after the date of invoice. Angus 3D Solutions Ltd reserves the right to supply moulds cash on delivery only, without any deduction. Any possible protest must be communicated within 10 days after the day of invoice.
We reserve the right to exercising our statutory right to charge interest at the rate payable on debts in line with the legislation [currently 8% over the BoE base rate] and other costs from the date.
Offsetting against any kind of non-approved counter-claims as well as execution of right of retention of goods shall be excluded unless established in court, undisputed or recognised by Angus 3D Solutions Ltd. Angus 3D Solutions Ltd remains the sole owner of the products until their entire payment, transport and taxes included.
Separate parts of a quote can be invoiced separately. Angus 3D Solutions Ltd reserves the right to refrain from execution of further components of a quote, or of a following quote, or to terminate a delivery, as long as the outstanding issued invoices remain unpaid.
Governing law and jurisdiction
The agreement, to which these conditions are entirely or partially applicable, shall be governed by the laws of the registered office of Angus 3D Solutions Ltd. In case of dispute, only the competent courts of the judicial area of the registered office of Angus 3D Solutions Ltd have exclusive jurisdiction.
When an order is placed this acceptance of the Angus 3D Solutions Ltd’s standard terms and conditions of sale. No other terms and conditions will apply whether contained in customer purchase orders or order acknowledgments preceding or following the date of this Quotation. These terms constitute the entire agreement between the parties and no change to or modification of these terms shall be binding upon Angus 3D Solutions Ltd unless in writing and signed by a Director of Angus 3D Solutions Ltd.
The right to refuse
Angus 3D Solutions Ltd reserves the right to refuse at its own discretion and at all times an order that is in conflict with its values. Creating firearms, their components, or any other prototype or model intended for the weapon industry, or models for which Angus 3D Solutions Ltd has ethical concerns in general, are rejected to be quoted or produced. Angus 3D Solutions Ltd reserves the right to discontinue the execution process of those orders.
Although most information provided is not personal details. Any information shall only be used for purposes strictly related to Angus 3D Solutions Ltd services. Angus 3D Solutions Ltd will never rent, sell, and share or otherwise disclose your personal information to third parties. Customers may, free of charge and on request, always oppose the use of his/her personal details for direct marketing purposes. To do so he/she shall need to contact Angus 3D Solutions Ltd.
Subject to proof of identity (copy identity card) you can obtain, by submitting a written, dated and signed application to Angus 3D Solutions Ltd, Unit 1 Brechin Business Centre, Brechin, Angus, DD9 6DY written notification of your personal details free of charge. If necessary you can also request to correct any personal details that are incorrect, incomplete or not relevant.
Use of “cookies”