TERMS AND CONDITIONS
The following are Terms and Conditions of a legal agreement between you (the customer) and 3D Prototypes and Models, referred to herein as 3DP&M.
Ordering a work package
By using the 3DP&M’s Services, you acknowledge to have read, understood and agree to be bound by the following Terms and Conditions and to comply with all applicable laws and regulations. If you do not agree with these Terms and Conditions, do not order any product or work package from 3DP&M.
To order a 3D print, laser cut, CAD package or resume service, contact 3DP&M either via email, phone or through messaging applications such as those available on Facebook. We will provide you with a quote or if required, set up a meeting to discuss your request in detail.
Quotes provided by 3DP&M are considered final and only subject to change in extreme circumstances such as unknown, recent increase in supplier prices. In any case of a quote being changed, the customer will be informed promptly of the change and provided the option to cancel the work job at a full refund, or continue with a modified quote. Quotes are provided in $AUD, international orders are processed through Paypal or credit card where international conversion rates are applied through Paypal or the credit card provider respectively.
Upon acceptance of the quote and confirmation given to start, the given job is assumed to have started for the purposes of billing as of the moment of verbal or written confirmation. In the event of the customer changing their mind and wishing to cancel the job, 3DP&M reserve the right to issue a modified invoice for the work completed to date. In the event of the customer wishing the alter their request, 3DP&M reserve the right to issue a new quote alongside an invoice for the work completed up until that point. In the event of confirmation on the job being given and the job is cancelled or changed without 3DP&M having started the job, the job may be cancelled with a full refund, or changed without incurring any extra expense for the customer. 3DP&M will provide proof of work completed in the event of a job being cancelled and the customer invoiced for work done.
Payment
Payment is not required up front for local orders below a sum of $150AUD in order to facilitate timely completion of work packages. For all jobs exceeding $150AUD, international orders or any work package which requires additional materials to be bought specific for that job such as but not limited to: wood, acrylic and filament, a deposit will be required, the sum of which will be determined by 3DP&M.
Payment may be made in cash on pick-up or delivery, credit card, Paypal or direct debit. A 2.3% transaction fee will apply to all credit card and wireless payment options. Payment is explicitly within 30 days of issuance of a tax invoice. In the event of payment not received within 30 days, 3DP&M will remind the customer of an outstanding debt. In the event of payment still not received within five weeks, 3DP&M will send weekly reminders to the customer informing them that payment is overdue. In the event of eight weeks after the invoice is issued and four consecutive weekly emails and/or phone calls made reminding the customer that payment is overdue and payment is still not completed, 3DP&M will inform that customer that reputable, respected and easily identifiable local debt collection agencies will be contacted. In the event of ten weeks following an invoice and payment is still not received and two consecutive weekly emails and/or phone calls made reminding the customer that debt collection agencies will be called, debt collection agencies will be called to retrieve payment for the job. 3DP&M accepts no liabilities for any negative outcome a customer suffers as a result of debt collection agencies collecting payment.
If a particular request is unable to be completed for any number of reasons not limited to timeframe, material unavailability, sickness or inappropriate use for 3D printing, laser cut, CAD or resume service, 3DP&M will inform the customer of the reasons why we can not complete the work request and may refer to a provider who can. 3DP&M reserve full rights to refuse any work package for any reason without requiring to disclose the reason however every reasonable attempt will be made to ensure suitable requests are accepted, or a recommendation made on other services to complete the work. In any event of a job being unable to be completed by 3DP&M , if the job is still functional and usable when made in part (such as a batch order where only half may be complete) 3DP&M reserve the right to issue an invoice for the work completed. In the event of a job being unable to be completed by 3DP&M and the product is unusable in its unfinished state, the customer is entitled to a full refund. 3DP&M is not liable for any negative outcomes including loss of income for the customer in the event of a job being unable to be completed. 3D printing is acknowledged to have machine limitations or supplier issues outside of 3DP&M’s direct control.
Upon completion of the work package, the products may be shipped, picked-up or emailed either via drop off directly from 3DP&M or the customer may visit the premises during business hours. Australia post with no signature and no insurance is used for shipping with couriers available on request. Customers may request additional insurances on products shipped via postal services such as signature on delivery or insurance. 3DP&M is not responsible for covering these additional costs.
3DP&M inspect every part and document provided in a work package for suitability and offer a free remake of the work in the event of it being unfit for purpose. Refer to the section below ‘Warranties’ for more information regarding product suitability. Customers are encouraged to inspect products upon receiving them. 3DP&M should be notified immediately of any part defect or otherwise unsatisfactory completion of the work package where 3DP&M will either offer a refund, remake the product or any other solution deemed necessary. In the event of the customer being informed that it is likely that a 3D print, laser cut or other work package will likely fail due to the nature of the manufacturing process, and the product failing as explained, 3DP&M will not be required to provide a refund. The customer accepts all associated risks and liabilities.
Immediate notice modification discount
3DP&M offer an ‘Immediate notice modification discount’ of 50% off the printing costs for a 3D print. This discount does not apply to CAD packages, laser cutting, resume writing or any other service besides 3D printing. In the event of a 3D print not functioning as intended due to a design oversight, the customer is entitled to inform 3DP&M within 24 hours of receiving the part, of the desired changes, in order to be eligible for a reprint of the prototype with a 50% discount. 3DP&M reserve all rights to determine if a requested modification is eligible for the discount. Different versions of the same product which feature deliberate differences are not eligible, the discount explicitly applies to the original model with modifications made after receiving the product, in order to suit the original purpose. The offer does not apply to multiple copies of the same file.
Hand and spray painting provision
Products provided by 3DP&M which feature spray or hand painting are done to the best of the ability of 3DP&M and no warranties or guarantees are given, express or implied, over the quality of the painting. In the event of painting clearly being different as requested being limited to incorrect colour, incorrect solvent base or failure to paint certain features, the customer may either send the product back to 3DP&M where 3DP&M will cover the postage cost, repaint the piece and send back at no extra cost to the customer, or 3DP&M will remake and re-post the print at no extra cost.
Resume and cover letter service
Resumes and cover letters written by 3DP&M offer no guarantee, implied, expressed or otherwise that the provided resumes or cover letters will lead to employment. Resumes and cover letters written by 3DP&M must be double-checked by the customer to ensure no mistakes were made. 3DP&M writes resumes and cover letters based entirely off the statements of customers. 3DP&M assumes no responsibility or liability with regards to the accuracy of resumes or cover letters. If a customer makes a knowingly untrue statement to 3DP&M which is then reflected in the resume or cover letter, the customer accepts any and all responsibilities, liabilities and all negative outcomes which may result following any investigation into the truthfulness of the resume or cover letter provided to any third party.
Warranties
3D PRINTS MUST ALWAYS BE USED WITH THE KNOWLEDGE THAT THEY ARE NOT LONG TERM SOLUTIONS AND CAN NEVER OFFER THE SAME STRENGTH AS TRADITIONALLY MANUFACTURED PARTS. 3D PRINTS AND LASER CUTS MUST NEVER BE USED IN SCENARIOS WHERE FAILURE WILL LEAD TO A CRITICAL FAILURE OR INJURY. 3D PRINTS AND LASER CUTS MUST ALSO NEVER BE USED IN ANY ENVIRONMENT WHERE FOOD CONTACT IS EXPECTED OR POSSIBLE AND MUST NEVER BE USED IN ANY APPLICATION WHERE PARTS MAY BE INGESTED. ANY CUSTOMER WHO REQUESTS A SMALL OBJECT PRINTED ASSUMES ALL RESPONSIBILITIES AND LIABILITIES WHICH MAY FOLLOW IF A CHILD INGESTS A SMALL PIECE.
The customer will be informed at all times as to the suitability of the product and realistic expectations of durability. 3DP&M makes no warranty other than those made expressly clear in these Terms and Conditions to the fullest extent permitted by law. 3DP&M hereby expressly disclaims any representations or warranties of any kind, expressed or implied, including without limitation warranties of merchantability, fitness for any particular purpose, or non-infringement. Some states and territories do not allow limitations on implied warranties, so the foregoing limitations may not apply to you.
Intellectual Property.
The customer retains all intellectual property rights in their 3D designs, including without limitation all derivative works such as 3D renders and design drawings. Except for the rights and licenses specified below, 3DP&M shall not use, modify or display your 3D design or derivatives thereof. By uploading your 3D design with the intention to sell the product, you warrant that it is your original creation and not copied from any third party and/or entity or that you have the relevant right or license to share the file. You warrant that your User Generated Content will not infringe the intellectual property rights of third parties. Should your User Generated Content nevertheless be found to be infringing and/or in violation of any law, you will defend 3DP&M against third party claims, and be held liable for all (direct and indirect) damages and costs incurred by 3DP&M with respect to such claims.
In the event of a customer requiring a non-disclosure agreement to be signed, 3DP&M will provide a standard non-disclosure form or sign a form that the customer provides. All relevant warranties and liabilities with respect to a non-disclosure agreement are contained within the document.
At no time will 3DP&M share digital files, drawings, or any identifiable component of a job to any customer or third party without the expressed permission by the original owner of the files. The customer reserves the right to request 3DP&M delete any files sent after the completion of a job. For the purpose of advertising, 3DP&M will always ask for permission to upload images or write articles detailing jobs for advertising purposes. The customer reserves the right to refuse, allow with modification or allow, then in future request any identifying media be removed from 3DP&M’s website and social media pages.
3DP&M receives all files through public email systems where every effort is maintained to ensure confidentiality of a customers files. For customers that require additional protection against digital theft of files, the customer must provide the files locally via a solid state or optical disc. 3DP&M is not responsible for any and all negative outcomes and consequences as a result of third party hacking or theft of digital files for which 3DP&M was not in direct control of preventing. All anti-virus software is kept up to date to ensure maximum protection however this is not expressed or implied to provide complete and total security.
Possession of physical objects at 3D Prototypes and Models’ premises
3DP&M will regularly require customers to leave physical objects to be reverse engineered at our premises, in order to complete the reverse engineering process. The premises are covered against theft and damage with contents insurance and every effort is made to ensure objects left at our premises are safe and secure behind locked doors and cabinets. During the reverse engineering process, it is possible that parts may accidentally become damaged or broken during teardowns. In such situations, 3DP&M will immediately notify the customer of the damage and present options to repair or replace the object at 3DP&M’s cost. The customer has the right to determine if they wish for 3DP&M to pay for an authorised repair through a third party, or to purchase a new product as a replacement.
In situations where the customer chooses to get the components repaired by an authorised third party, 3DP&M is responsible for organising the repair, at 3DP&Ms cost, and returning the product to the customer. When choosing the repair option, the customer accepts that 3DP&M has fulfilled their duty to repair the object and is released from any future claims or disputes regarding the future performance of the repair part, all of which must be dealt with through the authorised repairer as 3DP&M is not liable for parts repaired by a third party. 3DP&M will not be liable for any injury, loss of income, loss of profits, loss of contracts, loss of data for any indirect, incidental, exemplary, special, punitive or consequential loss or damage of any kind howsoever arising due to the customers decision to use a repaired product, whether caused by tort (including negligence), breach of contract, warranty or otherwise. 3DP&Ms maximum aggregate liability under these Terms and Conditions whether in tort (including negligence) or otherwise shall in no circumstances exceed the fee received from you by 3DP&M for the relevant order/work package.
In situations where the customer chooses for 3DP&M to purchase a new product to replace a damaged or broken product left on our premises, 3DP&M will acquire full ownership of the damaged part upon providing the customer with funds to purchase a new product. 3DP&M will also retain full rights to sell the damaged parts to recover funds.
Ownership of files generated by 3D Prototypes and Models
FOR JOBS WHERE THE PRODUCT IS DESIGNED AND CREATED BY 3DP&M WITH OR WITHOUT GUIDANCE FROM THE CUSTOMER, 3DP&M RETAINS ALL OWNERSHIP, COPYRIGHT AND INTELLECTUAL RIGHTS TO THE ASPECTS OF THE DESIGN CREATED BY 3DP&M, UP UNTIL PAYMENT IS MADE FOR SERVICES RENDERED, INCLUDING A DEPOSIT. UPON PAYMENT, 3DP&M TRANSFERS ALL OWNERSHIP, COPYRIGHT AND INTELLECTUAL PROPERTY RIGHTS TO THE CUSTOMER WITHOUT EXCEPTION.
In the event of a scenario where the customer requires 3DP&M to design a product, the customer acknowledges that 3DP&M retains all IP for products designed by 3DP&M with input from the customer up until a payment is made. 3DP&M will inform the customer about this specific provision when the Terms and Conditions regarding Intellectual Property are discussed.
3DP&M will retain all files designed by 3DP&M for future purposes in the event of the customer returning. The customer may request 3DP&M delete any and all files generated by 3DP&M for any specific job whether bound by a non-disclosure agreement or not, however in the event of the customer returning and seeking modifications, the customer must pay the original full-design costs again associated with re-making the file.
Jobs that involved signing a non disclosure agreement or confidentiality agreement where the customer provided the confidential file without 3DP&M being required to work on the file will be deleted upon completion of the job.
Limitation of Liability
These Terms and conditions set out the full extent of our obligations and liabilities in respect of the 3DP&M services. Save as set out below, there are no warranties, conditions or other terms that are binding on us regarding the supply of services except as expressly stated in these Terms and Conditions. Any warranty, condition or other term arising out of or in connection with the services or the delivered work package which might otherwise be implied into or incorporated into these Terms and Conditions by statue, common law, laws applicable in the country where you ordered the product/work package or otherwise (including without limitation any implied term as to quality, fitness for purpose, reasonable care and skill) is hereby excluded.
3DP&M will not be liable for any loss of income, loss of profits, loss of contracts, loss of data for any indirect, incidental, exemplary, special, punitive or consequential loss or damage of any kind howsoever arising and whether caused by tort (including negligence), breach of contract, warranty or otherwise. 3DP&Ms maximum aggregate liability under these Terms and Conditions whether in tort (including negligence) or otherwise shall in no circumstances exceed the fee received from you by 3DP&M for the relevant order/work package.
Nothing in these Terms and Conditions shall limit or exclude our liability (i) for death or personal injury caused by our gross negligence or (ii) for fraud or (iii) any breach of the obligations implied by applicable compulsory national laws as to title or (iv) any liability which cannot be excluded by law.
Outsourcing
3DP&M may at times, recommend the use of external businesses to supply 3D prints, 3D scans and other related work packages. 3DP&M is in no way associated with any outside business and serves only as a recommendation to the customer to inform them of options available. Any and all disputes between customers, and a service recommended to them by 3DP&M must be resolved entirely between the two parties and 3DP&M bears no responsibility, offers no guarantee or accepts any liability for negative outcomes that may result through the customer using the service. The customer must make their own decision whether to use the external service and will do so without any pressure from 3DP&M.
The use of any outsourcing will require full payment up front where payment is non-negotiable regardless of the level of service provided by the external company. Under no circumstances will 3DP&M accept cash on delivery or cheque payments for jobs outsourced to external companies.
Change of the Website and these Terms and Conditions
3DP&M reserves the right to make changes to the website, the services and these Terms and Conditions at any time. Such amended Terms and Conditions shall be effective upon posting on this Website and will have no effect on sales that were completed before such posting. We will make reasonable efforts to post notices regarding any changes to these Terms and Conditions. Please check the Terms and Conditions published on this Website regularly to ensure that you are aware of all terms governing the Website.
These Terms and Conditions, together with guidelines, or FAQs posted by 3DP&M represents the complete and exclusive agreement relating to the subject matter hereof which supersedes any proposal or prior agreement, oral or written and any other communications between you and 3DP&M. No amendment of these Terms and Conditions shall be binding upon 3DP&M unless in writing and signed by 3DP&M. If any provision is held to be void or unenforceable, such provision shall be reformed only to the extent necessary to make it enforceable, and the invalidity or unenforceability of such provision shall not affect the validity or enforceability of any other provision of these Terms and Conditions.
If you have any questions regarding these Terms and Conditions or the Services, you can contact us by sending an email to danieljbrown88@gmail.com. Should you experience any problems, please contact us and we will do our best to fix it as soon as possible. We always want to further improve out services and we welcome all feedback. 3DP&M may contact you to ask about your experiences.