Customer Agreement

Definitions

Access and services

By accessing our Website or using our Services you agree and acknowledge to be bound by this Agreement, together with our T&Cs and Privacy Policy and we reserve the right to change any of these documents at any time. We recommend that you periodically check for changes and if at any time these documents are no longer acceptable to you, you should not use our Website.

You may change your registration details or discontinue your account at any time. We reserve the right to modify, suspend or terminate access to our Services at any time for any reason without notice or refund, including the right to require you to change your login identification code or password. We also reserve the right to delete all program and data files associated with your account and/or other information you have on our system.

Authority and indemnity

If you have entered into this Agreement on behalf of a company of which you are an employee or agent, you represent and warrant that you have the full corporate right, power and authority to enter into this Agreement on behalf of that company, that this Agreement has been duly authorised by that company and that this Agreement will constitute the legal, valid and binding obligation of that company, enforceable against that company in accordance with its terms. You hereby agree to indemnify and hold Cad-man harmless from any and all claims, damages, losses and expenses (including, without limitation, legal fees) arising from any breach of this section.

System rules

You agree to be bound by certain rules which are important for the proper use of this service. Your failure to follow these rules may result in termination of your service:

• the registration information you provide must be correct, current, and complete
• keep your account details and password strictly to yourself as you are responsible for all access to and use of our website using your email address and password
• do not attempt to log in more than once at the same time on any given account without our specific permission
• do not use our system to commit a crime, or to plan, encourage or help others commit a crime, including crimes relating to computers
• do not use any robot, spider, other automatic device or manual process to reproduce, alter, modify, create derivative works of, reverse engineer or monitor the Cad-man Website or publicly display any Content from our Website without our express written permission which is only valid if supplied by us to you by post
• do not interfere or attempt to interfere with the proper working of our Website or any activities conducted on our Website
• do not take any action that imposes an unreasonable or disproportionately large load on Cad-man’s infrastructure

Digital file output, rapid prototyping, manufacturing and finishing services

Customer registration
New customers must register before being able to request a quotation. Registration applications will be authorised and acknowledged promptly by Cad-man at which time files can be up-loaded for quotation.

Restrictions re uploading files
You may not upload to this site any material that:

• you do not have the right to upload, including proprietary material of any third party
• is vulgar, obscene, pornographic, or indecent
• does not pertain directly to this site
• infringes any intellectual property or other right of any entity or person, including violating anyone's copyrights or trademarks or their rights of publicity
• violates any law or may be considered to violate any law
• includes programs which contain viruses, worms and/or Trojan horses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications
• disobeys any policy or regulations established from time to time regarding use of this site

Quotations
We will provide all quotations promptly after receipt of your request. Our quotation (excluding the price of metal or other materials, which we reserve the right to amend in accordance with clause b of this section)is valid for thirty days. Prices quoted do not include delivery costs or VAT . We reserve the right to adjust any quotation after your Order is accepted by us, if you make changes to the specification.

(a) We shall be entitled to withdraw any quotation at any time before our cceptance of an Order. Unless otherwise stated in the quotation, every quotation shall lapse unless accepted within 30 days from the date on which it was dispatched to you.

(b) We establish each day, by referring to the ruling market prices and currency exchange rates, standard selling prices for each metal according to the quantity and/or description of the metal and materials and/ or goods contained in the Order and our price and payment policy as set out below. Unless otherwise agreed, goods are sold by us on the condition that the price for each metal contained therein shall be in accordance with our relevant standard selling price so established on the date of dispatch of the goods and all quoted prices for goods shall be subject to our payment conditions.

(c) On the completion by us of the item contained in the Order we will invoice you for that Order including any price fluctuation arising from changes in the price or prices of metal and other materials and all payments must be made in accordance with our payment conditions

Price and payment
All prices quoted by us are strictly net of VAT and delivery charges.

The first Order for any new customer will be paid with that Order unless agreed with us in advance.In the event that an adjustment to the price of the Order is required then the balance will be paid within 3 days of the date of our invoice and the goods contained in the Order will not be dispatched to you until payment is received.

After the first Order, non-account customers will then pay 50% on ordering and the balance including any price adjustment on completionof the Order within 3 days of the date of our invoice and prior to dispatch to you.

Account customers who have provided us with acceptable credit references and history will pay by monthly invoice. We will be entitled to charge interest on overdue payments from the due date until payment at the rate of 5% over the base lending rate of Barclays Bank Plc. You shall pay all legal and other costs incurred by us in recovering overdue sums from you. Such costs shall be due for payment immediately on invoicetogether with all interest due.

We reserve the right to withdraw credit facilities at any time for any reason.

Without prejudice to such other rights and remedies as we will have we reserve the right, in the event of non-payment for goods sold or agreed to be sold by us to sue for the price thereofand any associated costs and interest. We will make a search with a credit agency, which will keep a record of that search and will share the information with other businesses. We will also make enquiries about the principal directors with a credit reference agency.

Pay and Go
We guarantee our rapid prototype models are fit for the purpose of casting but we cannot guarantee that there will not be casting failure.

Any stl file downloaded from this Website will have been checked and found fit for purpose and we take no responsibility for anything else.

By purchasing any file from this Website , Cad-man gives you a personal, non-assignable and non-exclusive licence to use the any design file provided to you by us and for your sole use only. You accept to use the file for your sole use and not for resale, transfer or disposal for the use or profit of any other person or firm.

You may not (and you may not permit anyone else to) copy, reproduce, distribute, publish, display, or create a derivative work of the file unless you have been specifically told that you may do so by Cad-man in writing and sent by post.

Orders
Once you have received our quotation, you may submit an online Order. We reserve the right to accept or reject any Order. Payment will be made in accordance with our price and payment policy.

Once we have electronically confirmed your Order, the Order binds you and may not be cancelled or changed except by agreement. Customers will not be refunded for any cancellation or change to their orderand payment for the Order will be due in full. Orders can only be cancelled or changedwith our written consent - please contact us on 0207 430 1317 or by email at info@cad-man.co.uk if you need to change your order and we reserve the right not to agree to such change.

Delivery
Average delivery is 3 to 5 business days based on our quotation. Whilst we will do our best to meet your requested delivery date, if for any unforeseen reasons, delivery is delayed, we will use reasonable endeavours to keep you informed, but will not be liable for any loss, costs, damages or expenses (direct, indirect or consequential) suffered by you as a result of delayed delivery.

Damage
Rapid prototypes and waxes are by their nature extremely fragile and Cad-man cannot be held responsible for any damage in the process of delivery and handling. While we inspect each piece before it goes out and carefully choose suitable means of delivery, making every attempt to safeguard your piece in transit, we cannot guarantee its condition on arrival to you. Should a piece ever arrive damaged, you must inform us in writing within 24 hours of receipt.

Customer satisfaction
If we fail to provide reasonable satisfaction with regard to your Order and you notify us within two (2) business days after receiving your Order, you may return these to us at your own expense and receive a full refund of the fees (exclusive of charges). Failure to return the Order during this two business day period shall be deemed your acceptance of the Order.

Copyright
We accept no responsibility when acting on your instructions for any infringement whatsoever of copyright or registered design.

In submitting a file or image to us you confirm that you own all rights necessary, or hold written permission, to use the file or image for reproduction purposes. All copyright and intellectual property rights attached to any image submitted to us are retained by you. By agreeing to this Agreement you agree to indemnify us, our staff and company against any legal action, claim, damages, liability costs and expenses which may result from the infringement of copyright, intellectual property right or trade mark arising from the reproduction or processing of any image / design / idea.

We retain all right, title and interest, including all intellectual property, in the website and in the underlying software, technology, methodologies and know-how used by us in performing our services and producing pieces.

Warranties

All prototypes are delivered and accepted in AS IS condition, and Cad-man HEREBY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE FOR ANY CAD-MAN PARTS OR SERVICES. You also acknowledges and agrees that in no event will we be liable for any damages of any nature under any circumstances, including our negligence, alleged or otherwise, and that the aggregate liability for any claim(s) awarded by any court of competent jurisdiction will in no event exceed the limitations identified below. You further agree that these disclaimers, exclusions and limitations of liability are a material and essential condition of this Agreement, and that our website and services would not be made available, or would be made available on materially different terms in the absence of these conditions.

You hereby warrant that (a) you have the right to provide any specifications to Cad-man;(b) in the event that you are making an Order or on behalf of or in the name of an employer, partner, company, corporate body, firm or other third party, that you have their authority to make an Order and to bind them to our payment terms (c) the use of such specifications and any other materials provided by you to produce a part will not violate or infringe any intellectual property or other legal rights of any third party; and (d) any software or files uploaded to our site will be free of any viruses, time bombs and any other harmful programming routines.

Liability

We hereby disclaims and excludes all liability for any punitive, exemplary, incidental, indirect and/or consequential damages, including without limitation lost profits, arising in connection with this agreement and its subject matter, whether such damages arise by contract, tort (including negligence), or otherwise.

Our aggregate liability for any damages suffered or incurred in connection with this agreement and its subject matter, whether arising by contract, tort (including negligence) or otherwise, shall not exceed the fees paid by you to us for the applicable Order or part of the Order where appropriate alleged to have caused such damage.

Indemnity

You will defend, indemnify and hold us harmless (together with our employees, representatives and agents,) from and against all claims, liabilities, losses, damages, and expenses of any kind (including legal fees and costs on an indemnity basis )

If any action, suit or proceeding is commenced, or any claim, demand or assessment asserted, Cad-man (or our employees, representatives or agents) which may result in liability with respect to which a party seeks indemnification, then the party shall notify you promptly and you will have the right at your own expense to assume the entire control of the defence, compromise or settlement. On request from you and at your expense we will co-operate fully in such defence and make available to you all relevant information at Cad-man’s absolute discretion.

Termination

Either you or Cad-man may terminate this Customer Agreement at any time upon written notice to the other party, but all Orders previously submitted and confirmed will continue to be binding on you.

General

This Agreement supersedes any other Customer Agreement previously published by us and any other representations or statements made by us to you, whether oral, written or otherwise.

This Agreement is between you and us. There are no third-party beneficiaries to this Agreement.

If any of this Agreement is found to be illegal, invalid or unenforceable by any court or administrative body of competent jurisdiction, such invalid, void or otherwise unenforceable provisions shall be automatically replaced by other provisions which are as similar as possible but which are valid and enforceable, and the rest of this Agreement shall remain in full force and effect.

Miscellaneous

Your use of this website and any dispute arising out of use of the website is subject to the laws of England and Wales.

Dispute resolution

Agreement, its subject matter or an Order (except for any application for urgent equitable relief). The parties shall first have tried to resolve the dispute with the help of a mutually agreed-on mediator. If it is impossible to arrive at a mutually acceptable solution within 30 days, the parties agree to submit the dispute to be determined by the appointment of a single arbitrator to be agreed between the parties or failing agreement within 14 days, after either party has given to the other a written request to concur in the appointment of an arbitrator, by an arbitrator to be appointed by the President or a Vice President of the Chartered Institute of Arbitrators. The decision of the arbitrator shall be binding and enforceable in any court of competent jurisdiction. The arbitrator shall have no power to award punitive damages nor any damages measured other than by the actual losses suffered by the parties.

Force Majeure
Neither party shall be liable for a breach of its obligations under this Agreement due to any factors beyond its reasonable control , including without limitation act of war, acts of God, terrorism, natural disaster, or third party communications, equipment, internet or encryption failure, provided that the breaching party gives the other party prompt notice of the breach and makes all reasonable commercial efforts to correct the breach as soon as possible.

Contact

If you have any questions about this Customer Agreement please write to us by email to info@cad-man.co.uk or to Unit 8, 3rd Floor, 11-13 Hatton Wall, London, EC1N 8XH.

Updated 8 September 2009