TERMS AND CONDITIONS

1. Introduction and Agreement

a. These Terms and Conditions apply to all quotes, orders, sales, manufacturing services, 3D printing services, CAD or design assistance, website use, communications and other services supplied by SOLIDIUM ENGINEERING PTY LTD, ABN 79 669 377 306, trading as SOLIDIUM3D (SOLIDIUM3D, we, us or our).

b. By requesting a quote, uploading a file, placing an order, making payment, accepting delivery, using our website, or otherwise using our services, you agree to be bound by these Terms and Conditions.

c. If you place an order on behalf of a company, organisation or another person, you warrant that you have authority to bind that company, organisation or person to these Terms and Conditions.

d. These Terms and Conditions apply unless we have expressly agreed otherwise in writing. Any customer purchase order, email, note, document or instruction that attempts to add, change or override these Terms and Conditions will not apply unless accepted by us in writing by an authorised representative.

e. We may update these Terms and Conditions from time to time. The version that applies to an order is the version in effect at the time the order is accepted by us, unless otherwise required by law.

2. Nature of Our Service

a. SOLIDIUM3D provides 3D printing, additive manufacturing, small-batch manufacturing and related services based on customer-supplied or customer-approved files, designs, drawings, specifications and instructions.

b. Unless expressly agreed in writing, we are a manufacture-to-specification service. We manufacture the part according to the file, design and specifications supplied or approved by you, subject to the normal limitations of the selected manufacturing process, material, printer, machine and available technology.

c. Unless expressly agreed in writing, we do not provide engineering certification, product design validation, safety certification, compliance testing, structural analysis, load testing, regulatory approval, product approval, standards certification, or fitness-for-purpose assessment.

d. Any comments we provide about printability, material selection, print orientation, tolerances, surface finish, wall thickness, strength, assembly, design or file condition are general manufacturing comments only. They do not constitute engineering advice, certification, approval, safety advice, design validation, or confirmation that a part is suitable for any particular use.

e. Where we provide CAD, design, file repair, design modification or similar assistance, that work is limited to the agreed scope. Unless expressly agreed in writing, such assistance does not include engineering certification, safety assessment, regulatory compliance assessment, IP clearance, load analysis or fitness-for-purpose validation.

3. Customer Files, Designs and Specifications

a. You are solely responsible for ensuring that all files, 3D models, CAD files, STL files, STEP files, drawings, sketches, dimensions, measurements, instructions and specifications supplied or approved by you are accurate, complete, lawful, suitable and fit for your intended use.

b. Before placing an order, you must check and approve all relevant details, including geometry, scale, dimensions, orientation requirements, quantity, material, colour, finish, infill, layer height, wall thickness, tolerances, clearances, threaded features, snap-fits, holes, inserts, mating features, assembly requirements and any other functional or cosmetic requirement.

c. You are responsible for checking that your design is suitable for the selected 3D printing process and material, including strength, heat resistance, UV exposure, chemical exposure, moisture exposure, impact, fatigue, wear, dimensional stability, creep, flammability, electrical properties, food-contact requirements, medical requirements and any other performance requirement relevant to the intended use.

d. We are not responsible for errors, defects, weaknesses, missing features, incorrect scale, incorrect dimensions, poor fitment, unsuitable tolerances, insufficient wall thickness, non-manifold geometry, mesh errors, file export errors, design flaws, assembly issues or performance issues in a customer-supplied or customer-approved file or specification.

e. If a file is defective, incomplete, ambiguous or unsuitable, we may contact you for clarification, attempt a basic file repair, refuse the order, cancel the order, or proceed based on the information available. Any file repair or adjustment we perform is a best-effort manufacturing step only and does not transfer design responsibility to us.

f. If we produce a part in substantial accordance with your supplied or approved file and selected specifications, the part will not be considered defective merely because the design, file, specification, material selection or intended use was unsuitable.

4. Customer Acknowledgement

a. By placing an order, requesting a quote, approving a quote, making payment, submitting a purchase order, or otherwise instructing us to proceed, you confirm that you have reviewed and approved your supplied or approved files, dimensions, scale, material, colour, finish, infill, layer height, wall thickness, quantity and selected specifications.

b. You acknowledge that SOLIDIUM3D will manufacture the part according to your supplied or approved file and selected specifications only, subject to the normal limitations of the selected 3D printing process, material and machine capability.

c. You acknowledge that you are responsible for confirming the part's suitability, safety, fitment, testing, compliance and performance for its intended use before use, installation, resale, distribution or incorporation into any product, assembly, machine, vehicle, equipment, structure or system.

d. Where a part is intended to replace, resemble, fit with or be used in connection with an existing product, machine, vehicle, component, spare part or assembly, you acknowledge that the part is not supplied as an OEM, genuine, certified, safety-rated or authorised replacement part unless expressly stated in writing by SOLIDIUM3D.

5. No Fitness-for-Purpose Guarantee

a. Unless expressly agreed in writing, we do not warrant that any 3D printed part, prototype, sample, component, model, fixture, jig, enclosure, bracket, mount, replacement part or other item will be fit for any particular purpose, application, environment, assembly, load, safety function, commercial use, industrial use, medical use, automotive use, aerospace use, electrical use, food-contact use, outdoor use or other specific use.

b. You must perform your own inspection, testing, fitting, validation, risk assessment and approval before using, installing, selling, distributing or incorporating any printed part into any product, assembly, machine, vehicle, tool, equipment, structure or system.

c. You accept that 3D printed parts may have anisotropic strength, visible layer lines, surface variation, dimensional variation, internal voids, support marks, seam lines, split lines, glue joints, colour variation, warping risk and other characteristics typical of additive manufacturing.

d. For functional, load-bearing, safety-related, high-temperature, high-wear, regulated or mission-critical applications, you must obtain your own professional advice, engineering assessment, certification, testing and approval before use.

6. No OEM, Genuine or Certified Replacement Parts

a. SOLIDIUM3D is an independent 3D printing and manufacturing service. Unless expressly stated in writing by us, we do not supply original equipment manufacturer (OEM) parts, genuine replacement parts, certified spare parts, authorised spare parts, safety-rated parts, or parts approved by any third-party brand, manufacturer, supplier, vehicle maker, equipment maker or OEM.

b. Any file name, model name, drawing name, product description, uploaded design, customer instruction, brand reference, equipment reference, vehicle reference, product reference, part number or similar reference is used only to identify the customer’s requested design or manufacturing requirement.

c. Such references do not mean that the printed part is a genuine OEM part, authorised replacement part, certified component, safety-rated component, or approved substitute for the original item.

d. You are solely responsible for confirming whether any printed part is suitable, lawful, safe and compliant for use as a replacement, substitute, repair item, spare part or component in any product, machine, vehicle, equipment, structure or assembly.

7. Ordering Process

a. You may request a quote or place an order by using our website, online quotation tool, email, phone, purchase order or another method accepted by us.

b. When you submit an order, you are making an offer to purchase the relevant goods or services. We may accept or reject that offer at our discretion.

c. An order is accepted when we issue an order confirmation, accept payment, issue an invoice, confirm acceptance in writing, or begin work on the order.

d. Before placing an order or making payment, you must review the order details carefully. Once an order is accepted, changes may not be possible because custom manufacturing may begin immediately.

e. Any requested change after order acceptance is subject to our written approval and may result in additional cost, revised lead time, re-quotation or cancellation of the order.

f. We may cancel or refuse any quote or order at any time before or during production if, in our opinion, the order is technically unsuitable, unsafe, unlawful, unethical, commercially unreasonable, impossible to manufacture, likely to infringe third-party rights, or otherwise inappropriate for us to supply. If we cancel an order after payment for reasons not caused by your breach, we will refund the amount paid for the cancelled portion.

8. Quotes, Pricing and Payment

a. All prices are in Australian dollars unless stated otherwise.

b. Unless stated otherwise, prices exclude GST, shipping, duties, customs charges, import taxes, insurance and any other external charges.

c. Quotes are valid only for the period stated in the quote. If no period is stated, a quote is valid for 14 days from the date of issue, unless withdrawn earlier.

d. A quote is based on the information, files and specifications available at the time of quoting. If files, quantities, specifications, materials, finishes, lead times, shipping requirements or assumptions change, we may revise the quote.

e. Unless we approve credit terms in writing, payment is required before production begins. For approved account customers, payment terms will be as stated on the invoice or agreed in writing.

f. We may pause production, withhold delivery, decline further work, cancel orders, suspend credit terms, or recover costs if invoices are overdue or payment has not been received.

g. Title in goods remains with SOLIDIUM3D until all amounts owing for the relevant goods and services have been paid in full.

9. Production, Lead Times and Delivery

a. Any production time, dispatch date or delivery date we provide is an estimate only unless expressly guaranteed in writing.

b. Lead times may be affected by file issues, clarification delays, material availability, machine availability, print failures, quality checks, reprints, courier delays, public holidays, supplier delays and events outside our control.

c. We may choose the manufacturing method, print orientation, nesting, support strategy, machine, batch arrangement and production process unless specific requirements have been agreed in writing.

d. Where a part is too large, unstable, unsuitable or inefficient to print as a single piece, we may recommend or require that it be split into segments, joined, glued, pinned or otherwise assembled. Visible join lines may remain unless finishing has been quoted and agreed.

e. Shipping and courier services are provided by third parties. We are not responsible for courier delay, loss, damage or misdelivery except to the extent required by law. Risk in the goods passes to you on delivery to the address provided by you, collection by you, or handover to the carrier, as applicable and to the maximum extent permitted by law.

f. You must ensure that the delivery address and contact details you provide are accurate and complete. Additional shipping costs caused by incorrect or incomplete details may be charged to you.

10. Inspection, Acceptance and Use

a. You must inspect all goods promptly on delivery or collection.

b. If you believe the goods do not substantially match the accepted order, you must notify us in writing as soon as possible and, unless a longer period is required by law, within 14 days of delivery or collection. You should provide clear photos, order details and a description of the issue.

c. You must not use, install, modify, paint, coat, sand, drill, glue, assemble, resell, distribute or otherwise rely on goods that you believe are defective or non-conforming without first notifying us and giving us a reasonable opportunity to assess the issue.

d. Use, installation, modification, resale, distribution or incorporation of goods may be treated as acceptance of the goods, except to the extent that this would be inconsistent with your rights under the Australian Consumer Law.

e. If a part is manufactured in substantial accordance with your supplied or approved file and selected specifications, we are not responsible for the part failing to fit, function, perform or comply due to design, file, specification or application issues.

11. Returns, Replacements, Reprints and Refunds

a. Because our goods are custom made to customer-supplied or customer-approved specifications, change-of-mind returns, cancellations or refunds are not available once an order has been accepted and production has started, except where required by law or agreed by us in writing.

b. If we determine that goods were not manufactured in substantial accordance with the accepted order, we may, depending on the circumstances and your rights under the Australian Consumer Law, repair, reprint, replace, refund or otherwise remedy the issue.

c. We may require the return of goods before providing a replacement, reprint or refund. You must not return goods unless we ask you to do so or agree in writing.

d. We are not required to provide a refund, replacement or reprint for issues caused by customer-supplied files, customer-approved designs, incorrect specifications, incorrect scale, unsuitable material selection, unsuitable intended use, normal characteristics of 3D printing, or damage after delivery, except to the extent required by law.

e. Refunds, if approved, will normally be made to the original payment method unless otherwise agreed.

12. Australian Consumer Law

a. Nothing in these Terms and Conditions excludes, restricts or modifies any consumer guarantee, right or remedy that cannot be excluded, restricted or modified under the Australian Consumer Law or any other applicable law.

b. Our goods and services come with guarantees that cannot be excluded under the Australian Consumer Law. You may be entitled to remedies if goods or services fail to comply with applicable consumer guarantees.

c. Where the Australian Consumer Law permits us to limit our liability, our liability is limited, at our option, to one or more of the following: for goods, replacement of the goods, supply of equivalent goods, repair of the goods, payment of the cost of replacing the goods or acquiring equivalent goods, or payment of the cost of having the goods repaired; and for services, supplying the services again or payment of the cost of having the services supplied again.

d. To avoid doubt, customer responsibilities in these Terms and Conditions do not remove rights that cannot be excluded under the Australian Consumer Law. They explain the allocation of responsibility for customer-supplied designs, specifications, intended use, testing and validation.

13. Intellectual Property and Customer Authority

a. You retain ownership of intellectual property rights in files and designs that you own and provide to us.

b. By submitting any file, design, drawing, image, logo, brand reference, product reference, instruction or specification to us, you warrant that you own it or have all necessary rights, licences, permissions and authority to submit it to us for quoting, manufacturing and supply.

c. You warrant that our use of your submitted material for quoting, manufacturing and supply will not infringe any copyright, trade mark, design right, patent, moral right, confidential information, contractual restriction, or other third-party right.

d. You indemnify us against any claim, loss, damage, liability, cost or expense arising from an allegation that a customer-supplied or customer-approved file, design, instruction, brand reference or specification infringes a third-party right or breaches any law.

e. We may refuse or cancel an order if we believe it may infringe third-party rights, involve counterfeit goods, misuse a brand, breach a law, or create legal or ethical risk.

14. Confidentiality and File Handling

a. We will take reasonable steps to keep customer files and confidential project information confidential.

b. We may use customer files, drawings, images, specifications and communications for the purpose of quoting, manufacturing, quality checking, record keeping, customer support and fulfilling the order.

c. We may share files or information with employees, contractors, suppliers, couriers, software providers or manufacturing partners where reasonably necessary to provide our services, provided they are required to handle the information confidentially or responsibly.

d. Unless you request otherwise in writing, we may keep copies of files, order records, production notes and communications for record keeping, repeat orders, quality control, legal compliance and customer support.

e. We will not sell your customer-supplied design files as our own product. We will not intentionally disclose your confidential design files to unrelated third parties except as required to provide the services, comply with law, enforce our rights, or protect safety.

15. Marketing Use of Photos and Examples

a. Unless you notify us in writing that a project is confidential, we may take and use general photos or videos of manufactured parts for internal records, quality control, portfolio, website, social media or marketing purposes.

b. Where practical, we will avoid disclosing sensitive customer information in marketing materials. If your project is confidential, commercially sensitive, unreleased, subject to NDA, or should not be shown publicly, you must tell us in writing before production or delivery.

c. We will not knowingly publish confidential design files, technical drawings or sensitive customer information as marketing content without permission.

16. Prohibited, Restricted and High-Risk Orders

a. We may refuse, cancel or stop work on any order at our discretion if we consider it unsafe, unlawful, unethical, high-risk, unsuitable, or outside our capabilities.

b. We do not accept orders for firearms, firearm components, ammunition, weapon components, illegal items, items intended to cause harm, counterfeit goods, or items that we reasonably believe may be unlawful or unethical.

c. We may refuse or require additional written acknowledgement for parts intended for safety-critical, load-bearing, vehicle, aircraft, medical, food-contact, electrical, pressure, heat-exposed, child-use, animal-use, public-use, regulated or other high-risk applications.

d. Acceptance of an order does not mean that we approve, certify or accept responsibility for the safety, legality, compliance or suitability of the part for its intended use.

17. Materials, Colours, Surface Finish and Tolerances

a. 3D printing is subject to normal manufacturing variation. Unless expressly agreed in writing, dimensions, colours, surface finish, layer appearance, texture, gloss, seam location, support marks and minor cosmetic features may vary between parts, batches, materials and machines.

b. Published or quoted material properties are general reference information only and may not represent the properties of the final printed part, which can be affected by orientation, geometry, layer height, wall count, infill, moisture, ageing, temperature, post-processing and use conditions.

c. Unless expressly agreed in writing, tolerances are approximate and are not guaranteed for all features. Small holes, threads, clips, snap-fits, thin walls, long parts, tall thin parts, mating parts and assemblies may require customer testing, design iteration and adjustment.

d. Colour names and material names may vary between suppliers and batches. Exact colour matching is not guaranteed unless expressly agreed in writing.

e. Support marks, underside roughness, layer lines, elephant foot, minor stringing, seams, split lines, glue lines, warping risk and other process-related characteristics may be present and are not automatically defects.

18. Customer-Supplied Hardware, Inserts and Components

a. If an order involves customer-supplied hardware, inserts, fasteners, electronics, samples, parts or other components, you are responsible for ensuring those items are suitable, accurate, safe, clean, lawful and provided on time.

b. We are not responsible for defects, incompatibility, delay, loss, damage or performance issues caused by customer-supplied components, incorrect samples, incorrect measurements or incomplete information.

c. If we assemble, glue, fit, insert, press, heat-set or otherwise combine printed parts with other components, that work is performed only to the agreed manufacturing scope and does not constitute certification that the assembly is safe or fit for purpose.

19. Privacy and Personal Information

a. We collect and use personal information such as your name, business name, address, email address, phone number, order details and payment-related information for the purpose of providing quotes, processing orders, taking payment, delivering goods, customer support, record keeping, legal compliance and business administration.

b. We may disclose relevant information to payment processors, couriers, software providers, contractors, suppliers, professional advisers, regulators or other parties where reasonably necessary for those purposes.

c. You must ensure that any personal information you provide to us is accurate, current and complete.

20. Website, Accounts and Electronic Communication

a. You are responsible for maintaining the confidentiality of any account login details used on our website or quote tool and for all activity under your account.

b. You must provide accurate, current and complete account, billing, shipping and contact information.

c. Electronic communications may be affected by delay, corruption, filtering, spam systems, technical errors or unauthorised access. You accept the ordinary risks associated with email, online uploads and electronic communication.

d. If you believe an order confirmation, invoice, quote, file upload or communication contains an error, you must notify us promptly in writing.

21. Limitation of Liability

a. To the maximum extent permitted by law, we are not liable for indirect, consequential, special, incidental, punitive or economic loss, loss of profit, loss of revenue, loss of business opportunity, loss of goodwill, production downtime, third-party claims, recall costs, installation costs, removal costs, rework costs, or loss arising from use or inability to use a printed part.

b. To the maximum extent permitted by law, we are not liable for loss, damage, injury, failure, non-compliance or other liability arising from customer-supplied or customer-approved files, designs, drawings, dimensions, specifications, material selections, intended use, installation, testing, validation, modification, post-processing, misuse, storage, handling or operation.

c. To the maximum extent permitted by law, our total aggregate liability in connection with an order is limited to the amount paid by you for the specific goods or services giving rise to the claim.

d. Nothing in this section limits any liability that cannot be limited or excluded under the Australian Consumer Law or other applicable law.

22. Indemnity

a. You indemnify SOLIDIUM3D and its directors, employees, contractors and agents against any claim, loss, damage, liability, cost or expense arising from or connected with: your supplied or approved files, designs, specifications or instructions; your breach of these Terms and Conditions; your infringement of third-party rights; your use, installation, resale, distribution or modification of the goods; your failure to test or validate the goods; or your unlawful, unsafe or improper use of the goods.

b. This indemnity is reduced to the extent that the relevant claim, loss, damage, liability, cost or expense is caused by our negligence, breach of these Terms and Conditions, or breach of a law that cannot be excluded.

23. Force Majeure

a. We are not liable for delay or failure to perform caused by events outside our reasonable control, including machine failure, power outage, internet outage, fire, flood, storm, pandemic, labour shortage, supplier delay, courier delay, material shortage, equipment breakdown, government action, war, civil unrest or other force majeure event.

b. If such an event occurs, we may extend lead times, pause work, cancel affected orders, source alternative materials, or take other reasonable steps to manage the impact.

24. Governing Law and Disputes

a. These Terms and Conditions are governed by the laws of Victoria, Australia.

b. The parties submit to the non-exclusive jurisdiction of the courts of Victoria and the Commonwealth courts of Australia.

c. Before commencing formal proceedings, the parties will attempt in good faith to resolve any dispute by written notice and reasonable discussion, except where urgent relief is required or where debt recovery action is necessary.

25. Severability and Entire Agreement

a. If any part of these Terms and Conditions is invalid, unlawful or unenforceable, that part will be severed to the extent necessary and the remaining parts will continue in effect.

b. These Terms and Conditions, together with the accepted quote, order confirmation, invoice and any written special terms agreed by us, form the entire agreement between you and SOLIDIUM3D for the relevant order.

c. A failure by us to enforce a right under these Terms and Conditions does not waive that right.