End user agreement for eMachineShop 3D CAD
eMachineShop End-User Service Agreement ("EUSA")
READ THIS CAREFULLY:
1.1 We are delighted that you have chosen to order custom parts from eMachineShop. We hope that you enjoyed the process of designing, analyzing, and pricing your part and that the parts, once received, will fully meet your expectations.
1.2 Micro Logic Corp. manufactures parts for you only upon the condition that you accept all of the terms contained in this end-user service agreement ("EUSA"). The EUSA addresses the ordering and fabrication of custom parts for you according to specifications that were designed and created by you using the Software (the "Custom Parts").
2.1 Price quotations - The Software will generate price estimates for machined parts. While these estimates are usually quite accurate and are rarely altered, for the purposes of this Agreement it is agreed that they are subject to adjustment by eMachineShop.com after an order is placed. If the price is changed, you will be given the option to accept or cancel your order at the new price. Price changes are normally invoked only for unusual designs and when significant errors are found in the pricing software.
2.2 Delivery time quotations and pricing - Delivery times quoted by the software are estimates only. While eMachineShop.com strives to deliver on time as requested, there are many factors that can delay delivery including (to mention but a few) machining complications, supplier delays, equipment malfunction, man power availability, labor disputes, embargoes, acts of God, government restrictions, riot, and carrier delays. eMachineShop.com is to be held free of liability for damages of any kind resulting from delivery delays.
2.3 Samples - If samples of a particular design are desired, a small test order should be placed. If samples are approved, a subsequent production run will be considered in spec if made similar to the samples, even if the samples were out of spec.
2.4 Placement of Orders - Placement of an order using this Software shall constitute an order to us, firstly, to test the suitability of your design(s) for our fabrication, and, secondly, to production of such parts as eMachineShop.com may deem suitable for fabrication. The terms and conditions of this order shall be exclusively as specified within this Agreement, or as previously agreed between us in writing.
2.5 Order Confirmations - A confirmation email is normally sent on receipt of each order. If you do not receive a confirmation you may not assume the order was not received - you should contact the company to check whether or not the order was received. You should replace an order only if the company confirms in writing that your order was not received. eMachineShop may email you for questions or actions relating to your order. You agree to check that you receive a confirmation for each order placed as your receiving the confirmation email indicates that eMachineShop emails are able to reach you and are not blocked by any email filters. eMachineShop will not be responsible for the consequences of email being blocked by filters or any other reason why an email might be not attended to.
2.6 Canceling Orders - Once placed, you may cancel an order only on condition that you make payment for any administrative charges, work completed, work in process, raw material ordered, unamortized tooling, engineering, handling, overhead, and/or production costs. These charges will be determined by eMachineShop.com at the time of cancellation.
2.7 Declined Orders - Sometimes it can happen that a part may prove technically or economically impracticable to fabricate as ordered. eMachineShop.com reserves the right to decline fabrication of a part at its discretion. In the event of an order being declined, there will be no financial liabilities incurred. For example, eMachineShop.com will not charge you for any work done or materials used, nor will eMachineShop.com be liable for any inconvenience or losses incurred by you.
If you order more than one part at one time, and we decline the production of one or more of those parts, any remaining parts will continue in production regardless of whether all the parts may be needed for a single project. If you need to cancel the supply of the remaining parts you will do so under the Cancellation terms herein.
We don't do parts for non-toy weapons.
2.8 Modifying Orders - Once placed, you may only modify an order under terms similar to Order Cancellation, namely, that you will pay eMachineShop.com for any losses incurred due to the modification.
2.9 Mating Parts - For parts that mate together, including but not limited to bent parts, you are responsible for ensuring that your designs mate properly and allow appropriate clearances. In such situations, we suggest that you give consideration to placing a small test order.
2.10 Fabrication Interpretation - Where fabrication issues are open to interpretation, the machinist may choose any interpretation common in industry. For example, if the grain direction of a brush finish is not specified in the software, the machinist may choose a direction. If such a detail or any other details are important to you, it is your responsibility to indicate your requirements by using the 'Comments to the Machinist' feature. Additionally it is impossible to include all details in the software interface. For example, the software does not indicate that a drill bit can flex slightly as a hole is drilled. To assist users, many of these details are outlined in Help | Contents | Machines. Also, special instructions you provide via 'Comments to the Machinist' or otherwise will be interpreted to the best of our ability but eMachineShop shall not be responsible for ambiguities in your instructions.
2.14 Confidentiality - With similar diligence as our own internal confidential information, we agree to keep confidential your identity, contact, payment, and design information except that it may be necessary to provide design information to suppliers - such being done anonymously without your identity, contact, or payment information, and with non-essential drawing text comments (comments to user) removed. Further security is realized by the fact that the detailed function of parts are generally not evident out of context. Customer retains all rights to submitted designs and eMachineShop retains no rights to submitted designs.
2.15 Data tables - The tabular information presented in the Material, Finish and other dialogs is to be taken as a general guide and may contain errors. For critical designs you must make independent verification of the information from another source. Measurement specifications will be governed by ASME Y14.5M 1994.
Section 3: Product Shipment
3.1 Shipment Quantity - When we fabricate parts, we aim to supply whatever quantity you order, plus or minus a certain amount to allow for fabrication errors and overages. This allowed variation is indicated by the Software. It is agreed that, provided that we ship a quantity that is within the range indicated by the software, your order will be satisfied. If, however, the actual quantity shipped is less than the minimum indicated by the Software, you will be charged in proportion to the quantity actually shipped. Thus, for example, if you were to order 100 units for $100, the Software would then indicate a target supply range - for example, between 95 and 105. If, however, it ended up that we could only supply 90, you would be charged pro rata on 100 units, that is, $90.
3.2 Shipment Risks - You may choose your own method of shipment, or leave the choice to us. If you choose the method of shipment, title and risk of loss will pass to you upon loading the material at our factory. By contrast, if we make the choice, we guarantee safe arrival to your door.
3.3 Taxes - You shall have responsibility for payment of any taxes, Custom duties or other imposts required under your local laws or by your local governmental authorities.
3.4 Import / Export - If delivery is to be made outside the USA, you shall be responsible for obtaining and paying for any permits, licenses, or other governmental authorization(s) required, and you shall comply with all laws and regulations thereof.
3.5 Claims - In all claims for shortages or errors, you must notify us within 30 days of receipt of shipment. Claims will not be honored on those parts further processed by you resulting in change of dimensions or characteristics. If a job is out of specifications and needs a remake, all defects must be described prior to the remake. No further claims of defects will be accepted after a remake commences.
3.6 Returns - All returns must be accompanied by a Returned Material Authorization (RMA) number provided by us.
3.7 Remedies - The entire liability of eMachineShop.com and your exclusive remedy under the warranty provided herein will be to rework or redo parts, in our discretion, in accordance with this Agreement. Design changes will not be accepted prior to or during rework or a remake.
3.8 Late Charges - For orders not prepaid, we will charge 1.5% per month late charges on balances past payment terms. If we find it necessary to pursue legal redress to collect payment, the cost of such pursuit will be indemnified by you, in addition to payment in full and interest thereupon.
3.9 Inspection - You agree to inspect and report on any problems with items delivered within 15 days of delivery. If you fail to report any problems within this period, this shall be regarded as prima facie evidence that there were no problems. If certain features of a part are out of specifications but do not interfere with the use of the part, such defects may not be the basis of rejection. If some parts are in specifications and some are out of specifications any applicable refund will be applied in proportion to the parts out of specifications.
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