Use of this website is conditional upon acceptance and compliance with the terms of service herein, and “click through” agreements that we define and post periodically. By visiting or browsing this website, or using our services, you accept, without limitation or qualification, the Terms of Service herein.
SERVICES
This website contains information about our services, quotation requests for our services. Your access to and use of the website and services are subject to the following terms and conditions (“Terms of Service”) and all applicable laws.
QUOTATIONS AND ORDERING
All prices are in Canadian dollars, unless stated otherwise.
Quotations are valid for 30 days unless stated otherwise and are subject to review if/when any additional information or revisions are submitted, including quantity, materials, shipping details or delivery date.
All electronic data regarding quotations will be held on file for 30 days after quotation has been provided.
All electronic data regarding orders and will be held on file for 60 days after receipt of order.
Delivery estimates are subject to confirmation at time of order. Should changes be requested once work has commenced, charges for additional cost and time may be applicable. Adjusted quotes will be sent to the customer in writing for approval prior to resuming the work.
DATA
The customer is responsible for providing files in the formats identified in the quote form and verifying correct and valid data before use in the manufacturing process.
MATERIALS
Durham 3D Prints assumes no responsibility or liability for the selection of any materials for the goods that are the subject of this transaction. The Buyer is solely responsible for ensuring that materials selected for goods to be manufactured by Durham 3D Prints meet any regulatory requirements or product specifications.
When post-processing is requested, the customer acknowledges that some finishes may not reach interior surfaces of the part.
PAYMENT AND FEES
You agree to pay all fees and any other charges incurred by you (including any applicable taxes) for the Services you have requested through the Website in accordance with the quote provided.
PAYMENT AND INVOICES
All prices are in Canadian dollars unless otherwise stated. All duties, levies and taxes are extra and are the responsibility of the customer, whether such taxes are international, federal, provincial or local.
Durham 3D Prints reserves the right at any time to change its prices and billing methods, either immediately upon posting notice on the Website or by email notice to you.
SHIPPING
Quotations issued will contain an estimated date of shipment, based on the lead required for the project. Should a delay arise for which Durham 3d Prints is not responsible, as a result of a change working parameters or due to materials ordered for the project not being delivered on time, the shipment date shall be extended as required and Durham 3D Prints shall not be liable for such delay. Durham 3D Prints cannot be held liable for parts damaged in transit.
OWNERSHIP
Content
Unless otherwise indicated, the Website and Services together with their design, text, content, and other matters related to the Website and Services (“Content”) are protected under applicable copyrights, trademarks and other proprietary (including, but not limited to, intellectual property) laws, and all rights therein are the property of Durham 3D Prints. Except as otherwise provided herein, none of the Content may be used, copied, reproduced, distributed, republished, downloaded, modified, reverse engineered, displayed, posted or transmitted in any form or by any means, without our express prior written permission.
Trademarks and Service Marks
All of Durham 3D Prints custom graphics, trademarks, service marks and logos appearing on the Website, unless otherwise noted, are service marks, trademarks (whether registered or not) and/or trade dress of Durham 3D Prints (the “Marks”). All other trademarks, product names, company names, logos, service marks and/or trade dress mentioned, displayed, cited or otherwise indicated on the Website are the property of their respective owners. You are not authorized to display or use the Marks in any manner without our prior written permission. The use or misuse of the Marks or other trademarks, product names, company names, logos, service marks and/or trade dress or any other materials contained herein, except as permitted herein, is expressly prohibited.
Your Models
You represent and warrant that you own or have the right to submit the design, drawing, model or prototype (“Model”) to use through the Website for the purpose of obtaining our services. You hereby grant Durham 3D Prints a non-exclusive, transferable license to copy, modify, and use each Model that you submit through the Website solely for the purpose of providing the services you have requested.
In the event that you modify contact information related to a Model, You further agree that you: a) are authorized or have authorized a person to modify contact information; b) have accurately entered all such contact information; c) You are solely responsible for the consequences of any errors in the entry of contact information; and d) You are solely responsible for all use of this website by anyone you designate to have access to such Models, including any changes made to Models.
WARRANTIES, LIABILITY, WORKMANSHIP
Warranty period
Durham 3D Prints represents and warrants for a period of ten (10) business days following the delivery of the Part (the “Warranty Period”), that the Part shall conform to the Specifications for such Part. In the event You notify Durham 3D Prints during the Warranty Period that the Part fails to comply with the applicable Specifications in all material respects, Durham 3D Prints will, as Your sole and exclusive remedy, replace such non-conforming Parts at Durham 3D Prints’s sole cost and expense, provided (i) You return the non-conforming Part(s) to Durham 3D Prints within three (3) business days of your notice of non-conformance, and (ii) Durham 3D Prints reasonably confirms such non-conformity. No returns will be accepted by Durham 3D Prints unless You have notified Durham 3D Prints within the Warranty Period. If You fail to contact Durham 3D Prints within the Warranty Period, Durham 3D Prints shall have no further obligations with respect to such Part and ALL SALES WILL BE DEEMED FINAL AND SUCH PARTS MAY NOT BE RETURNED TO Durham 3D Prints.
Intellectual Property
Durham 3D Prints does not assume any liability for intent of use, regulation, license, or misuse of existing intellectual property including patent infringement, copyright or trademark infringement or other legal conditions that are the responsibility of the products originator or financially responsible party.
DISCLAIMERS
Durham 3D Prints makes no representations or warranties with respect to this website or its contents, including any quotes products or services you receive from this website, which are provided “as is” and on an “as available” basis. We hereby expressly disclaim all warranties, express or implied, including without limitation the implied warranties of title, non-infringement, merchantability, quality and fitness for a particular purpose, with respect to your use of this website including any products or services provided through the site. We do not warrant that this website, its servers or email sent from us will be free of any harmful components (including viruses). We do not provide any representations or warranties against the possibility of deletion, misdelivery or failure to store communications, personalized settings, or other data, including without limitation any models submitted by you when you request a quote.
The information and all other materials on this Website are provided for general information purposes only and do not constitute professional advice. It is your responsibility to evaluate the accuracy and completeness of all information available on the Website or any website with which they are linked.
EXCLUSION OF LIABILITY
To the fullest extent permitted by applicable law, Durham 3D Prints, and its parent, subsidiaries, employees, agents, suppliers, contractors, successors and assigns, hereby excludes and disclaims liability for any losses and expenses of whatever nature and howsoever arising including, without limitation, any direct, indirect, special, punitive, or consequential damages, loss of use, loss of data, loss caused by a virus, loss of income or profit, loss of or damage to property, claims of third parties, or other losses of any kind or character, even if it has been advised of the possibility of such damages or losses, arising out of or in connection with the use of the website or the services. You assume all responsibility for establishing such procedures for data back up and virus checking as you consider necessary. This limitation of liability applies whether the alleged liability is based on contract, negligence, tort, strict liability or any other basis. If any part of this limitation on liability is found to be invalid or unenforceable for any reason, then our aggregate liability (and any other person or entity whose liability would otherwise have been limited) for liabilities that otherwise would have been limited will not exceed five dollars ($5.00).
YOUR OBLIGATIONS
You represent that you are at least 18 years old. You agree to provide true, accurate, current and complete information about yourself.
You agree to use the Website in a manner consistent with any and all applicable laws, rules, regulations, and these Terms and Conditions. You agree not to upload or transmit through the Website any computer viruses, trojan horses, worms, or anything else designed to interfere with, interrupt or disrupt the normal operating procedures of a computer.
Any unauthorized modification, tampering or change of any information, or any interference with the availability of or access to this Website is strictly prohibited. Durham 3D Prints reserves all rights and remedies available to it. You agree to indemnify, release and hold us harmless as well as our officers, directors, agents, representatives and employees from any claim, liability, loss, expense or demand, including legal fees, related to your violation of these Terms of Service and your access to and use of the Website.
MODIFICATIONS
We reserve the right to update or modify these Terms of Service at any time, without prior notice, by posting any such revised version of these Terms and Conditions on this Website. Your continued use of the Website after we have posted the revised Terms and Conditions constitutes your agreement to be bound by the revised Terms of Service.
MODIFICATION AND DISCONTINUATION
We reserve the right at any time to modify, edit, delete, suspend or discontinue, temporarily or permanently this Website (or any portion thereof) with or without notice. We will not be liable to you or to any third party for any such modification, editing, deletion, suspension or discontinuance of this Website.
GENERAL
These Terms of Service, and all other click through agreements you may enter into, which are expressly incorporated herein, contain the entire understanding between you and us with respect to use of the Website. Our failure to enforce any provision of these Terms and Conditions will not be deemed a waiver of such provision nor of the right to enforce such provision. In the event any provision of these Terms and Service is determined to be invalid, such invalidity will not affect the validity of the remaining portions, and the parties will substitute for the invalid provision a provision which most closely approximates the intent and economic effect of the invalid provision. These Terms of Service will be governed by and construed under the laws of Ontario, Canada, without regard to conflict of law principles. The Website is intended to be accessed only by persons in Canada and the United States. Access to, or use of, this Website may be prohibited by law in certain countries or jurisdictions. You are responsible for compliance with any applicable laws of the country from which you are accessing the Website. You hereby consent and waive all objection to the exclusive jurisdiction of the federal and provincial courts in the Province of Ontario and venue therein to resolve any controversy or claim arising out of or relating to use of the Website.
If you have any questions, please refer to the contact section of this website.
These Terms and Conditions were last revised February 2022.