General Terms and Conditions of Estimate - Proto Fab 3D
Updated: January 1, 2025
1 – Scope of Application
These general terms and conditions of estimate govern the relationship between Proto Fab 3D and its clients for any request for an estimate or commercial proposal. By requesting an estimate, the client acknowledges having read and accepted these terms.
2 – Preparation of the Estimate
Proto Fab 3D commits to preparing a detailed estimate based on the information provided by the client regarding the parts to be manufactured, repaired, or reproduced. The estimate includes a description of the services, the estimated price, and the expected completion time.
3 – Validity of the Estimate
Estimates are valid for 30 days from the date of issuance. After this period, Proto Fab 3D reserves the right to revise its prices and modify the estimate accordingly.
4 – Acceptance of the Estimate
The acceptance of the estimate must be confirmed in writing, by email, or any other agreed method, by the client. This acceptance commits the client to respect the terms of the estimate, particularly concerning payment terms and deadlines.
5 – Payment Terms
Payment for the services specified in the estimate must be made according to the terms indicated in the document. An 80% deposit may be requested before the commencement of work. The balance will be due upon delivery of the services. In case of late payment, penalties may be applied in accordance with the applicable legislation.
6 – Execution Deadlines
The deadlines for the completion of services mentioned in the estimate are provided as an indication. Proto Fab 3D will strive to meet these deadlines but cannot be held responsible for delays due to circumstances beyond its control.
- The modeling time requiring a physical object from the client may take up to 2 weeks from receipt.
- The 3D printing time for a part may take up to 2 weeks, and for large quantity orders, this may extend to 4 weeks.
- The modeling time for custom prototyping projects may take up to 4 weeks.
7 – Responsibility
Proto Fab 3D commits to performing the services described in the estimate with diligence and professionalism. If the work performed does not conform to the estimate, the client must file a written complaint within 14 days of receiving the services. No claims will be accepted after this period.
8 – Modification of the Estimate
Any request for modification of the initial estimate must be submitted in writing and accepted by Proto Fab 3D. Modifications may result in revisions of prices and deadlines, which will then be confirmed in writing.
9 – Confidentiality
The information provided by the client in the context of the estimate is considered confidential. Proto Fab 3D commits to not disclosing this information to third parties without the prior consent of the client. However, Proto Fab 3D reserves the right to publish information about the manufacturing process of the parts on its social media without disclosing the client’s personal data, especially in the case of reproducing broken parts.
10 – Applicable Law
These general terms and conditions of estimate are governed by French law. Any dispute relating to the interpretation or execution of these conditions will be subject to the jurisdiction of the competent courts at the registered office of Proto Fab 3D.
11 – Force Majeure
Proto Fab 3D shall not be held responsible for delays or the inability to execute an order due to circumstances beyond its reasonable control, such as natural disasters, strikes, supply chain interruptions, or technical failures.
12 – Commitment to the Environment
Proto Fab 3D is committed to using environmentally friendly materials whenever possible and adopting sustainable practices in the manufacturing of products. The client is invited to share their ecological preferences for any orders.
13 – Insurance
Proto Fab 3D recommends that the client purchase insurance to cover the risks of damage or loss during transportation or production. If the client wishes Proto Fab 3D to cover this insurance, additional charges will apply.
14 – Right to Modify After Validation
Once an estimate has been accepted and production has begun, any modifications requested by the client may incur additional charges. These charges will be communicated to the client before any work begins.
15 – Prototypes and Modifications
The prototypes manufactured may not be fully functional or final. If modifications are required after receiving a prototype, Proto Fab 3D will provide an estimate for the additional adjustments, which must be approved by the client before any additional work begins.
16 – Right to Cancel or Terminate
The client has the right to cancel the order or terminate the contract before the work begins. However, compensation for any expenses already incurred (materials, preparatory work, etc.) may be requested, in proportion to the progress of the services at the time of cancellation.
17 – Responsibility Related to Client Returns
If products are returned for any reason, the client must return the items in their original condition and within 14 days of receiving the delivery. The return shipping costs are the responsibility of the client, except in cases where the error is attributable to Proto Fab 3D.
18 – Delivery and Receipt of Products
The products can be picked up by the client or shipped to the address of their choice. Shipping costs are the responsibility of the client, unless otherwise agreed in advance. The client must inspect the products upon receipt to ensure they are in conformity.
19 – Pick-up or Reshipment of Products
Products can be picked up by the client or shipped to the address of their choice. If the product is returned to Proto Fab 3D for reasons other than an error on the part of the company (e.g., incorrect address, refusal of delivery), the cost of reshipping will be borne by the client.
20 – Claims for Damaged Items During Transit
The client is responsible for checking the condition of the items upon receipt. If products are damaged during shipping, the client must report the damage immediately to Proto Fab 3D and provide photos of the damage. Claims for transit damage must be made within 48 hours of receipt.
21 – Revisions of Estimates for Volume Variations
Estimates may be revised in case of significant variations in quantities or specifications during the execution of the project. If the client requests an increased volume or a significant change to the order after accepting the estimate, a new estimate reflecting these changes will be provided.
22 – Subcontracting Certain Services
Proto Fab 3D may subcontract certain aspects of the manufacturing or production to external service providers while ensuring the quality and meeting the deadlines. The client will be informed if subcontractors are involved in the completion of the order.
23 – Cancellation of Orders for Non-Payment
If a payment due under the estimate is not made on the agreed date, Proto Fab 3D may suspend the production and delivery of the order until full payment is made. If payment is still delayed after 30 days, the order will be canceled, and the client will be charged for any costs already incurred.
24 – Rights of Use of Design for External Projects
If a client wishes to use the designs created by Proto Fab 3D for commercial purposes (e.g., for mass production or resale), a separate licensing agreement must be signed to transfer rights for such use. The terms of the licensing agreement will be outlined in this separate contract.
25 – Non-Application of Discounts for Late Projects
Proto Fab 3D shall not be required to apply any discounts or reductions to late projects, even if such discounts were initially agreed upon, if the delay is caused by circumstances beyond Proto Fab 3D’s control or by a failure on the client’s part (e.g., delay in file validation).
26 – Adjustment of Prices Based on Material Costs
Proto Fab 3D reserves the right to adjust the prices of the services in the event of significant changes in the cost of materials. The client will be notified of such changes, and the updated prices will apply from the date the change is communicated.
27 – Invoicing and Additional Charges
Invoicing will be carried out based on the final project cost, as detailed in the estimate, and any additional charges that arise due to changes requested by the client during production. The client will be informed of any additional costs before the work proceeds.
28 – Cancellations After Work Commencement
If the client decides to cancel the project after production has begun, they will be liable for the costs incurred up until that point. This includes materials purchased, labor hours spent, and any other related costs.
29 – Return of Goods
Returns of goods are accepted only if the product is damaged or if there is an error on the part of Proto Fab 3D. Any other returns (for personal reasons or incorrect orders) are subject to approval and will incur a restocking fee.
30 – Delivery Delays Due to Client
If the client causes delays (e.g., by not providing necessary information or files), Proto Fab 3D is not responsible for any resulting delays in the project or delivery.
31 – Late Payments
If the client fails to make the full payment within the agreed time frame, Proto Fab 3D reserves the right to charge interest at the legal rate on the overdue amount. The client will also be responsible for any collection fees incurred.
32 – Return of Materials Provided by the Client
If the client provides materials for production and wishes them to be returned, Proto Fab 3D will do so at the client’s expense. Proto Fab 3D is not responsible for any damage to these materials during production.
33 – Non-Transferability of Services
The services provided by Proto Fab 3D are non-transferable. The client is prohibited from transferring or assigning the services to third parties without prior written consent from Proto Fab 3D.
34 – Communication and Approval
The client must communicate and approve the designs, changes, and project progress within the specified timelines. Delays in communication or approval will not be the responsibility of Proto Fab 3D and may lead to project delays.
35 – Intellectual Property Rights
Unless otherwise specified in writing, all intellectual property rights related to the designs and models created by Proto Fab 3D remain the property of Proto Fab 3D. Any transfer of rights will require a separate agreement.
36 – Right to Use Project for Promotion
Proto Fab 3D reserves the right to use images or representations of the work done for the client in promotional materials, case studies, or on social media, unless otherwise agreed upon with the client.
37 – Responsibility for Delivery
The client is responsible for providing the correct delivery address and contact information. Proto Fab 3D is not liable for lost or misdelivered products due to incorrect or insufficient address details.
38 – Order Modifications After Acceptance
Once an estimate has been accepted and work has started, any changes or modifications to the original order will incur additional charges and may affect delivery timelines.
39 – Material Specifications
It is the client’s responsibility to ensure that the materials they provide for production are fit for purpose. Proto Fab 3D cannot be held responsible for material defects or incompatibility with the chosen production methods.
40 – Limitations of Liability
Proto Fab 3D’s liability is limited to the amount paid by the client for the specific project or service in question. Proto Fab 3D will not be held liable for any indirect, incidental, or consequential damages, including but not limited to loss of profits, business interruptions, or any other commercial loss.
41 – Force Majeure
Proto Fab 3D is not liable for any delays or failure to perform caused by events beyond its reasonable control, including but not limited to natural disasters, strikes, and equipment failure.
42 – Warranty for Defective Products
Proto Fab 3D provides a warranty for any defects in manufacturing. If a defect is identified, the product will be repaired or replaced. This warranty does not cover damage caused by misuse, wear and tear, or negligence.
43 – Non-Compliance by Client
If the client fails to comply with the terms of the agreement, including providing timely feedback or payments, Proto Fab 3D reserves the right to suspend or terminate the contract and retain any advance payments.
44 – Cost Adjustments for Large Orders
For large orders or complex projects, Proto Fab 3D may require additional time and resources, and the client will be notified if the final cost exceeds the initial estimate. Any such adjustments will require client approval.
45 – Material Procurement
If specialized materials are required for the project, the client will be informed of procurement delays or price changes before any work is commenced.
46 – Client’s Responsibility for Legal Compliance
The client is responsible for ensuring that the use of the manufactured products complies with local laws and regulations, including safety and certification standards.
47 – Non-Refundable Deposits
The deposit paid by the client is non-refundable once the work has commenced unless specified otherwise. In the event of cancellation, Proto Fab 3D will apply the deposit toward the costs incurred up until the cancellation date.
48 – No Guarantee for Design or Material Preferences
Proto Fab 3D does not guarantee that custom designs or specific material preferences will meet the client’s expectations. The client accepts the inherent risks in custom production.
49 – Handling of Files and Data
Proto Fab 3D takes the security of the client’s digital files seriously. However, Proto Fab 3D is not responsible for any data corruption or loss of files provided by the client, and recommends that the client retains copies of their files.
50 – Dispute Resolution
In case of disputes, Proto Fab 3D and the client agree to seek an amicable resolution through mediation before pursuing legal action. If no resolution is reached, the matter will be handled by the competent courts of Proto Fab 3D’s registered office.
51 – Customer’s Right to Cancel Due to Non-Compliance
If Proto Fab 3D fails to meet the agreed terms, the client has the right to cancel the contract. In such cases, the client may be entitled to a refund of any payments already made, minus any costs incurred by Proto Fab 3D.
52 – Retention of Title Clause
Proto Fab 3D retains ownership of any products or designs created until full payment has been received from the client. In the event of non-payment, Proto Fab 3D reserves the right to recover the products or designs.
53 – Product Availability and Back Orders
In the event that certain products or materials are unavailable, Proto Fab 3D will notify the client of back orders or delays in product availability. The client may choose to cancel or modify their order in such cases.
54 – Defects in Client-Supplied Materials
Proto Fab 3D is not responsible for any defects or issues arising from materials provided by the client. The client assumes all responsibility for the suitability and quality of materials supplied.
55 – Refund Policy for Incorrect Orders
If the client receives an incorrect product that deviates from the estimate, Proto Fab 3D will replace or correct the product at no extra cost to the client. This policy does not apply to errors made by the client in providing information.
56 – Handling of Customer-Specific Prototypes
If a customer-specific prototype is required, the client acknowledges that the prototype may be modified during production. The client must approve any changes before full production begins.
57 – Inspection of Goods Upon Receipt
The client must inspect the goods upon receipt. Any discrepancies or damages must be reported to Proto Fab 3D immediately for the issue to be resolved.
58 – Project Delays Due to Client’s Non-Compliance
Delays caused by the client (such as delays in approvals, providing the necessary materials or information) will not be Proto Fab 3D’s responsibility and may lead to project delays or additional costs.
59 – Modification of Terms Based on Market Conditions
Proto Fab 3D may modify terms based on market conditions (e.g., material cost increases). The client will be informed of any such changes before the work is continued.
60 – Customer Feedback and Improvements
Proto Fab 3D welcomes customer feedback and suggestions for improvements. Any feedback or improvements suggested by the client may be used by Proto Fab 3D for the development and enhancement of future products or services, but without any obligation to compensate the client for such ideas unless otherwise agreed upon.
Important Note: Proto Fab 3D reserves the right to modify these general terms and conditions of estimate at any time to ensure compliance with applicable laws.