TERMS AND CONDITIONS
These Standard Terms and Conditions of PrintForm, LLC constitute the Agreement governing your use of PrintForm services provided. This includes through the website located at www.printform.com, or otherwise.
These terms and conditions coupled with any quote that you accept form a legally binding contract between you and PrintForm, LLC (the “Agreement”) governing your use of PrintForm services. If you choose to use our website, the terms described below are effective upon your access of the PrintForm website located at www.printform.com (the “Website”). If you choose to manually request a quote or place an order via electronic mail, phone or otherwise, the terms described below are effective upon your submission of a quote request. You are deemed to have accepted this Agreement without modification upon the first time you access the Website or otherwise request a quote. Additionally, we require you to expressly acknowledge your agreement to these terms prior to accepting our quote by submitting an order for a product using the PrintForm service.
As our customer, you are responsible for all orders placed and for ensuring that all information provided in a quotation is accurate and complete. All file revisions or design changes submitted must be indicated by an updated file name with revision accordingly. In the case that two or more file submissions are made with the same file or revision label, PrintForm will build the FIRST file provided on the basis that without a name or revision change, there are no design updates. It is critical to properly label files indicating changes, PrintForm is not responsible for incorrectly named files without indication of design changes from customer. If you use the Website, you agree that you shall not use any device, software or routine, including but not limited to any viruses, Trojan horses, worms, or malware, intended to damage or interfere with the proper function of the Website or to intercept or expropriate any system, data or personal or company information from the Website.
Orders and Payments
Once you have obtained a quote from PrintForm, you may accept such quote and submit your order requesting that PrintForm produce your desired part(s). The total fees for each order will include the applicable quote, all applicable taxes and all applicable shipping charges. To submit an order, you must pay all fees either (i) in advance through the use of your credit card or (ii) pursuant to such credit terms as pre-approved by PrintForm. Once you receive an electronic or other confirmation of your order, such order is binding on both you and PrintForm and may not be cancelled except by mutual agreement.
PrintForm terms and conditions constitute the entire agreement between the parties. PrintForm rejects any additional or inconsistent terms and conditions offered by the Customer at any time or in any acknowledgment or acceptance form, purchase order or other document used by the Customer and irrespective of PrintForm acceptance of such order or payment from the Customer without need for such rejection to the Customer and any such additional or inconsistent terms and conditions shall not become part of PrintForm's terms and conditions unless in writing and signed by an Executive Officer of PrintForm.
Title, Risk of Loss and Delivery
If conditions arise which prevent compliance with delivery schedules, PrintForm will not be liable for any damage or penalty for delay in delivery, or for failure to give notice of delay. However, PrintForm will use all reasonable efforts to give notice of delays. Delays will not be grounds for cancellation. Delivery occurs Ex Works on the actual shipping date, and title and the risk of loss transfer to you upon shipment.
All products produced and sold by PrintForm are warranted to conform with such specifications as mutually agreed upon by the parties. In the event that, within three (3) business days of your receipt of the product, you shall determine that any product is not in conformity with such specifications, you shall return such product to PrintForm for analysis. PrintForm will have five (5) business days to complete an analysis of such product. If the product does not meet the agreed upon specifications, PrintForm shall, at our sole option, either (i) replace such product with a corresponding product that meets such specifications, or (ii) accept for return such product for credit or refund.
THE FOREGOING WARRANTIES ARE IN LIEU OF ANY OTHER WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY WARRANTIES OF MERCHANTABILITY OR FITNESS FOR INTENDED OR PARTICULAR PURPOSES, EACH OF WHICH IS HEREBY DISCLAIMED. WE ALSO DO NOT GUARANTEE CONTINUOUS, UNINTERRUPTED OR SECURE ACCESS TO OUR WEBSITE OR SERVICES AND HEREBY NOTIFY YOU THAT OPERATION OF THE WEBSITE MAY BE INTEFERED WITH BY NUMEROUS FACTORS OUTSIDE OF OUR CONTROL. USE THE WEBSITE AT YOUR OWN RISK.
Limitation of Liability
PrintForm will not be responsible to you for consequential, exemplary or incidental damages (such as loss of profit or employee's time) regardless of the reason. In no event shall the liability and/or obligations of PrintForm arising out of the purchase of products via the PrintForm website or by manually issuing a PO or email order by you or others exceed the purchase price of the products.
You agree to indemnify PrintForm, LLC, its affiliates, parent and subsidiaries and its parts service from and against any and all claims and damages of any kind (including attorney’s fees) resulting from your use of PrintForm's services, the Website, or from your breach of any provision of this Agreement.
PrintForm is committed to maintaining the confidentiality of the confidential information that you submit in connection with receiving a quote or ordering a product. We acknowledge and agree that any specifications or documentation, including .stl, CAD, PDF or other build files, that you submit to PrintForm may contain valuable proprietary information, ideas and expressions. Accordingly, PrintForm will use a reasonable degree of care (and require that its employees use such care) to keep such confidential information confidential, and shall not use or disclose such confidential information except as required to perform services it provides. The foregoing confidentiality obligation does not apply to information in our possession before your disclosure, information that is generally publicly available, information received by us from a third-party without a confidentiality obligation to you or to any disclosure of information required by law or court order. You recognize that PrintForm provides similar services to others. We will not, however, use your confidential information in performing those services. PrintForm adheres to ITAR provisions if requested by the customer, at the time of the request for quote, submission of part data, or issuance of an order, whichever comes first.
Customer Reference You agree (i) that PrintForm may identify you as a recipient of services and use your logo in sales presentations, marketing materials and press releases, and (ii) to develop a brief customer profile for use by PrintForm on PrintForm.com for promotional purposes.
Unless otherwise agreed to by PrintForm in the order, if any products that you order require tooling, such tooling will remain the proprietary property of PrintForm and any costs related to such tooling will be your responsibility. PrintForm will provide adequate tooling for the quantity specified in the order. Future orders submitted for similar products may require new tooling and related costs. Unless otherwise agreed to in writing and approved by PrintForm management, all orders requiring tooling require an advance payment of 50% of the cost of tooling.
Customer and PrintForm shall endeavor to resolve any controversy, claim or dispute arising out of or relating to the Agreement, or the performance or breach thereof, by negotiation. Any claim that is not resolved by negotiation within thirty (30) days of notification shall be settled by arbitration administered by the American Arbitration Association under its Commercial Arbitration Rules, and judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. The hearing locale will be held in the AAA office closest to the PrintForm corporate headquarters, known as Atlanta Regional Office.
A. The Agreement shall be governed by and construed in accordance with the laws of the State of Georgia without regard to conflicts of laws or provisions thereof.
B. Both PrintForm and Customer will comply with all laws applicable to the Agreement.
C. All notices given under the Agreement will be effective when received in writing. Notices to the Customer and PrintForm will be sent to the address provided in the Agreement.
D. Changes to the Agreement must be in writing and must be signed by both parties.