These terms and conditions coupled with any quote that you accept form a legally binding contract between you and Hawk Ridge Systems, L.L.C. (the “Agreement”) governing your use of its rapid prototyping service bureau (the “Service”). If you choose to use our website, the terms described below are effective upon your access of the Service website located at www.hawkridgesys.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 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.
Orders and Payments
Once you have obtained a quote from the Service, you may accept such quote and submit your order requesting that the Service produce your desired product. 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 in advance through the use of your credit card. Once you receive an electronic or other confirmation of your order, such order is binding on both you and HRS, and may not be cancelled except by mutual agreement.
Title, Risk of Loss and Delivery
If conditions arise which prevent compliance with delivery schedules, HRS will not be liable for any damage or penalty for delay in delivery, or for failure to give notice of delay. However, HRS 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 the Service are warranted to conform to 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 HRS for analysis. We will have five (5) business days to complete our analysis of such product. If the product does not meet the agreed upon specifications, HRS 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
HRS 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 HS arising out of the purchase of products via the Service by you or others exceed the purchase price of the products.
You agree to indemnify Hawk Ridge Systems L.L.C., its affiliates, its Service from and against any and all claims and damages of any kind (including attorney’s fees) resulting from your use of the Service, the Website, or from your breach of any provision of this Agreement.
HRS 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 CAD model files that you submit to the Service may contain valuable proprietary information, ideas and expressions. Accordingly, HRS 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 the Services. 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 HRS and its Service provides similar services to others. We will not, however, use your confidential information in performing those services.
Unless otherwise agreed to by HRS in the order, if any products that you order require tooling, such tooling will remain the proprietary property of HRS and any costs related to such tooling will be your responsibility. HRS will provide adequate tooling for the quantity specified in the order. Future orders submitted for similar products may require new tooling and related costs.
Customer and HRS 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 HRS headquarters.
A. The Agreement shall be governed by and construed in accordance with the laws of the State of California without regard to conflicts of the law’s provisions thereof.
B. Both HRS 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 HRS 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.