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The following are terms and conditions of a legal agreement between you and PTM Additive, LLC. 120 Newton St. Berlin CT 06037 and its affiliates (collectively, “PTM Additive”, “we”, “us” or “our”). By accessing and using this service, you accept and agree to be bound by the terms and provision of this agreement. In addition, when using these particular services, you shall be subject to any posted guidelines or rules applicable to such services. Any participation in this service will constitute acceptance of this agreement. You also certify that any 3D file (“3D Model”) uploaded or sent via email to the PTM Additive does not violate any federal law or regulation including those pertaining to firearms. If you do not agree to abide by the above, please do not use this Website and Service.
1. PTM Additive Services
The PTM Additive Services are made up of different services one of our services enables you to upload a 3D file to our Website or submit via email for quoting purposes. Another service is requesting PTM Additive to design objects to your specifications after your approval. If you want to turn your 3D Model or approved design by PTM Additive into physical object, you can place an order with us and we will manufacture it for you at your direction. At a charge of a service price and price for the substance used for the 3D Model, we manufacture the 3D Model for you (i.e., print it with 3D printing equipment) in our materials and ship it to you.
2. Account Terms
You represent and warrant that you are at least 18 years of age to use these Services. If you are under 18 years of age, you may use PTM Additive only with involvement of a parent or guardian. Children under 13 years old are not allowed to use these Services. We may, in our sole discretion, refuse to offer the Services to any person or entity and change its eligibility criteria at any time. You are solely responsible for ensuring that these Terms and Conditions are in compliance with all laws, rules and regulations applicable to you and the right to access the Services is revoked where these Terms and Conditions or use of the Services is prohibited or to the extent offering, sale or provision of the Services conflicts with any applicable law, rule or regulation. Further, the Services are offered only for your use, and not for the use or benefit of any third party.
3. Ordering
(a) Placing an order. To order the 3D Model you designed or one you requested design from PTM Additive. Then you can select the quantity of the 3D Models you order and, if applicable, the material you want the 3D Model to be made of. As the next step, we ask you to provide us with information we need for the delivery of the 3D Model. Finally, you will be prompted for information required to initiate the payment. Depending on the payment method you select you may be redirected to a third-party payment provider website. The language to be used during the whole ordering process is English.
(b) Unacceptable orders, cancellation of orders by us. There are, however, technical or other reasons why PTM Additive may not accept or may cancel your order during the entire ordering process, even after our acceptance of your order. Such reasons can be, but are not limited to, the unfeasibility of the model, an infringing feature of your 3D Model, or the destination of the delivery you indicated in your order. In case we cancel your partial or entire order, we will contact you via email and, except in cases of fraud or other violations of our policies, issue you a full refund for the cancelled item(s).
(c) Prices. The prices quoted are only indications and are valid for 30 days. PTM Additive reserves the right to change its prices at any time without prior notice to you. Such change however will have no effect on orders completed before the posting. We do our best to prevent errors in the pricing. However, should an error occur, we are not bound by our offer and may cancel the order. In the event of an error, any payment made related to that order will be refunded to you. Quoted prices are in US dollars.
(d) Payment and price. The amount indicated on the ordering page or quote provided includes the fee for the service (such as printing, preprinting processing, post processing, and packing the model), the price for the materials used to produce the 3D Model, and if applicable the markup charged by providing the design. The price quoted on the ordering page also includes shipping costs, sales tax (if applicable) but excludes any import duty or taxes (if applicable).
You can initiate your payment for your order via credit card, PayPal.com, or other terms if available at the time of ordering. You might be redirected to third party website for payment processing. PTM Additive shall not be responsible in any way for the payment process done via third party payment processing.
For orders paid for via credit card or PayPal, PTM Additive will begin production after authorizing and holding payment. In the event that the selected payment method fails for any reason, PTM Additive reserves the right to process the payment again or require you to provide an alternative method of payment.
(e) Acceptance After accepting your order we will send you an order confirmation via e-mail to the address associated with your request for quote. If we cannot accept your order, we will contact you by email. You should verify the details in the confirmation email. If there are errors you should contact us as soon as possible by sending an email to customer service.
(f) Order Tracking Via e-mail notifications..
(g) Shipping Your order will be sent to your shipping address FOB, within United States and its territories only. Shipping quote estimates will be provided at the time of project quoting, by use of commercially available services. The preliminary indication of planned date of shipment though does not bind PTM Additive in any way. Depending on your shipping address it may take longer time. If a delay occurs for which PTM Additive is not responsible, as a result of a change in the afore mentioned working conditions or because materials ordered in time for the work are not delivered on time, the shipment date will be extended as required and PTM Additive will not liable for delay.
(h) Cancellation of your order, return of 3D Models. Due to the personalized nature of our Services (i.e. the 3D Print is manufactured by PTM Additive based on the your specifications and we print it for you on demand), you cannot cancel your order once it is placed. Orders are fulfilled using the model file version that existed at the time of purchase. Additionally, except where required by law we are not able to refund purchases of a “Gift Card” or a “Material Sample Kit Basic (w/free Gift card)” at any point. Orders that contain non-refundable items are still cancelable, however note that refund or cancellation will not apply to items in the order that are non-refundable.
(i) Content Policy violations. If we determine that your model violates our Content Policy prior to printing, we will refuse to print the model and issue a refund. If we determine that your model violates our Content Policy after it has been printed, we will not ship the model and may not issue you a full refund.
4. Warranty; Disclaimer.
PTM Additive warrants only that the model manufactured by us will substantially meet the features of the indicated 3D Model within the limitations of the 3D printing technology. If you upload your own 3D Model to the Website or send via email you maintain sole legal responsibility for the design specifications and performance of the 3D Model. PTM Additive does not give any warranty about the 3D Models themselves and does not guarantee that the 3D Model will be fit for any particular purposes. Please inspect the 3D Model upon receipt immediately. If the 3D Model is faulty when you received it and you believe you are entitled to a replacement in accordance with the warranty above, please contact us within 5 days after receipt of the 3D Model. Such warranty claim can be made only within 5 days after receipt of the model by you. Do not return the 3D Model unless we require you to do so. We reserve the right to condition any replacement or refund on the return of the 3D Model. We will confirm whether you are entitled to a replacement or refund. We reserve the right to condition your receipt of a replacement or refund on you providing us with photographs that we deem necessary to evaluate your claim. A model will be ineligible for replacement or refund if the model has been altered or post-processed in any way by you. Transportation costs in respect of a faulty product will be covered by us. If we do not receive any notice within the provided 5 days we will assume the 3D Model meets your specifications and performance requirements. Models you have designated as “Print it Anyway” or its equivalent are not eligible for replacement or refund.
EXCEPT AS EXPLICITLY PROVIDED ON THIS WEBSITE, YOU EXPRESSLY AGREE THAT USE OF THE SERVICE IS AT YOUR OWN RISK AND IS ON AN “AS IS” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE (EXCEPT ONLY TO THE EXTENT PROHIBITED UNDER THE LAWS APPLICABLE TO TERMS OF USE WITH ANY LEGALLY REQUIRED WARRANTY PERIOD TO THE SHORTER OF THIRTY DAYS FROM FIRST USE OR THE MINIMUM PERIOD REQUIRED). WITHOUT LIMITING THE FOREGOING, NEITHER THE COMPANY NOR ITS AFFILIATES OR SUBSIDIARIES, OR ANY OF THEIR DIRECTORS, EMPLOYEES, AGENTS, ATTORNEYS, THIRD-PARTY CONTENT PROVIDERS, DISTRIBUTORS, LICENSEES OR LICENSORS, NOR ANYONE WHO HAS BEEN INVOLVED IN THE CREATION, PRODUCTION, OR DELIVERY OF THE SERVICE WARRANT THAT THE SERVICE, INCLUDING THE INFORMATION MADE AVAILABLE THROUGH THE SERVICE, WILL BE UNINTERRUPTED, UNCORRUPTED, ACCURATE, RELIABLE, COMPLETE, CURRENT, TIMELY, OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE PAGES OR THE SERVER THAT MAKES THE SERVICE AVAILABLE ARE FREE FROM VIRUSES, WORMS OR OTHER HARMFUL COMPONENTS.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, PTM ADDITIVE PARTIES WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, PERSONAL INJURY/WRONGFUL DEATH, LOST OR ANTICIPATED PROFITS, LOST DATA, OR BUSINESS INTERRUPTION, THE USE OR MISUSE OF SUBMISSIONS OR CONTENT IN ANY WAY WHATSOEVER ARISING OUT OF THE USE OF, OR INABILITY TO USE, THE SERVICE, WHETHER OR NOT THE PTM ADDITIVE PARTIES ARE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN THE EVENT THAT THE FOREGOING EXCLUSION OF LIABILITY IS FOUND BY A COURT OF COMPETENT JURISDICTION TO BE UNENFORCEABLE, THE PARTIES INSTEAD AGREE THAT THE PTM ADDITIVE WILL NOT BE LIABLE TO YOU FOR MORE THAN THE GREATER OF THE AMOUNT YOU HAVE PAID THE COMPANY IN THE SIX (6) MONTHS IMMEDIATELY PRECEDING THE DATE ON WHICH YOU FIRST ASSERT ANY SUCH CLAIM.
TO THE FULLEST EXTENT PERMITTED BY LAW, THESE DISCLAIMERS OF LIABILITY APPLY TO ANY AND ALL DAMAGES OR INJURY WHATSOEVER CAUSED BY OR RELATED TO USE OF, OR INABILITY TO USE, THE SERVICE OR ANY OF OUR PRODUCTS OR PRINTS UNDER ANY CAUSE OR ACTION OF ANY JURISDICTION, INCLUDING, WITHOUT LIMITATION, ACTIONS FOR BREACH OF WARRANTY, BREACH OF CONTRACT OR TORT (INCLUDING NEGLIGENCE)
5. Use of the PTM Additive Website
Copyright and all other proprietary rights in the content of the Website and the Services (including but not limited to software, audio, video, text and photographs and excluding all User Generated Content) rests with PTM Additive or its licensors. All rights in the content not expressly granted herein are reserved. Except as otherwise provided, the content published on this Website may be reproduced or distributed in unmodified form for personal, non-commercial use only, provided that it is attributed to PTM Additive. Any other use of the content, including without limitation distribution, reproduction, modification, display or transmission without the prior written consent of PTM Additive is unlicensed by PTM Additive. Our rights include rights to (i) the Service developed and provided by us; and (ii) all software associated with the Service. All copyright and other proprietary notices shall be retained on all reproductions.
This Website may provide links to other websites that are not under the control of PTM Additive. PTM Additive shall not be responsible in any way for the content of such other websites. PTM Additive provides such links only as a convenience to you, and the inclusion of any link to any such websites does not imply endorsement by PTM Additive of the content of such websites.
Since the PTM Additive Service is a web based service, it might be subject to temporary downtime. From time to time we also update our Website, which will result in the Website not being available for a certain period of time. We will attempt to ensure that the Website operates reliably and consistently, but we do not warrant that the Website will operate uninterrupted without any faults.
We are not responsible for any losses sustained by you as a result of any interruption of the Website or Platform.
7. Intellectual Property Rights of 3D Designs
You, as a designer, retain all your intellectual property rights in your 3D Models. Except for the rights and licenses with respect to your 3D Models, PTM Additive shall not use, modify or display your 3D Models. By uploading your 3D Models to our website, you represent and warrant that 3D Models is/are your original creation and not copied from any third party and/or entity. You further represent and warrant that you have all rights to grant the below licenses to us without infringement or violation of any third party rights, including without limitation, any privacy rights, publicity rights, copyrights, trademarks, contract rights, or any other intellectual property or proprietary rights.
By uploading your 3D Model to our website, you grant PTM Additive a non-exclusive, royalty free, worldwide, transferable, and sublicensable right and license (i) to use your 3D Model for the manufacturing of your 3D Model in order to fulfill your order.
We retain the right to review and refuse any order when it, in our discretion appears to infringe third party intellectual property rights, or in our discretion the 3D Model does not comply with our Content Policy.
10. Payments and Billing.
We use a third-party payment processor (the “Payment Processor”) to bill you. The processing of payments will be subject to the terms, conditions and privacy policies of the Payment Processor in addition to these Terms and Conditions. We are not responsible for error by the Payment Processor. By choosing to use Paid Services, you agree to pay us, through the Payment Processor, all charges at the prices then in effect for any use of such Paid Services in accordance with the applicable payment terms and you authorize us, through the Payment Processor, to charge your chosen payment provider (your “Payment Method”). You agree to make payment using that selected Payment Method. We reserve the right to correct any errors or mistakes that it makes even if it has already requested or received payment. You must provide current, complete and accurate information for your billing information. Orders that exceed $2000 USD are subject to a 50% down payment.
If the amount to be charged to your payment method varies from the amount you preauthorized (other than due to the imposition or change in the amount of state sales taxes, or shipping fees), you have the right to receive, and we shall provide, notice of the amount to be charged and the date of the charge before the scheduled date of the transaction. Any agreement you have with your payment provider will govern your use of your Payment Method.
11. Indemnification
Each party shall indemnify, defend and hold harmless the other party from and against any liability, loss, cost, damage and expense because of injury or damage to persons or property resulting from, or arising out of the use of its own facilities or the production or flow of electric energy by and through its own facilities, except when such injury or damage is due to the sole negligence of the other party. In addition, each party shall hold the other party harmless for any taxes, licenses, permits, fees, penalties, or fines assessed against one party upon any of the property of such party located on the premises of the other party.
13. Applicable Law
This Agreement is made in accordance with the laws of the State of Connecticut and shall be construed and interpreted in accordance with the laws of Connecticut, notwithstanding any choice of law or rules that may direct the application of the laws of another jurisdiction. If, after the execution of this Agreement, any right or obligation of either Party under this Agreement is materially altered as the result of any change in applicable laws or regulations, the Parties agree to negotiate in good faith to amend this Agreement to conform to the revised law or regulation. If the Parties are unable to come to an agreement as to the appropriate amendment of this Agreement in the event of a change in applicable laws or regulations, then the Party whose right or obligation is materially altered as a result of such change in law or regulations may terminate this Agreement by providing the other Party with sixty (60) days prior written notice, in which case the Parties respective rights and obligations will governed by the applicable revised law or regulation after such termination of this Agreement. Whenever possible, each provision of this agreement will be interpreted in such manner as to be effective and valid under applicable law. The parties agree that (a) the provisions of this agreement shall be severable in the event that any of the provisions hereof are for any reason whatsoever invalid, void or otherwise unenforceable, (b) such invalid, void or otherwise unenforceable provisions shall be automatically replaced by other provisions which are as similar as possible in terms to such invalid, void or otherwise unenforceable provisions but are valid and enforceable, and (c) the remaining provisions shall remain enforceable to the fullest extent permitted by law.
14. Entire Agreement
This Contract embodies the entire Contract between the parties hereto concerning the subject matter hereof and supersedes all prior conversations, proposals, negotiations, understandings and contracts, whether written or oral. PTM Additive will not be bound by, and specifically rejects, any term, condition, obligation, or other provision which is different from or in addition to the provisions of these Terms and Conditions or which may be in any order, receipt, acceptance, confirmation, correspondence or other document.
15. Miscellaneous
(a) Circumstances beyond our reasonable control. PTM Additive will make every effort to perform its obligations under these terms. However, we shall not be liable for any failure to perform our obligations where such failure results from any cause beyond our reasonable control, including, without limitation, mechanical, electronic or communications failure or degradation.
(b) Assignment. These Terms and Conditions are personal to you, and are not assignable, transferable or sublicensable by you except with our prior written consent. Using PTM Additive services and website indicates that you accept these standard terms set by PTM Additive, if you do not accept these terms, do not use our services.
(c) Agency. No agency, partnership, joint venture, or employment relationship is created as a result of these Terms and Conditions and neither party has any authority of any kind to bind the other in any respect.
(d) Notices. Unless otherwise specified in these Term and Conditions, all notices under these Terms and Conditions will be in writing and will be deemed to have been duly given when received, when receipt is electronically confirmed, if transmitted by facsimile or e-mail; or the day after it is sent, if sent for next day delivery by recognized overnight delivery service. Electronic notices should be sent to ptmadditive@comcast.net.
(e) No Waiver. No omission or delay on the part of any party to insist on strict performance of any terms, or in exercising any right, power or remedy under these terms, shall operate as a waiver thereof, nor shall any single or partial exercise by any party of any right, power or remedy preclude the further or other exercise thereof or the exercise of any other right, power or remedy. Without limitation, no waiver by any party of any breach of any provision of these terms shall be a waiver of any subsequent breach of that or any other term.
(f) Feedback. Since we always want to further improve our Services, we welcome all comments, suggestions, recommendations and feedback. You hereby grant to us a world-wide, royalty free, irrevocable, perpetual license to use and otherwise incorporate any Feedback in connection with the Services.
16.Contact Information
If you have any questions regarding these Terms and Conditions or the Services, you can contact us by sales@ptmadditive.com.
17. Changes to These Terms
We reserve the right to change these Terms and Conditions from time to time and will post any revisions on our Website and may also provide notice to you through the service or via email. All transactions are subject to the Terms and Conditions in effect at the time of the transaction. Should you experience any problems, please contact us and we will do our best to repair it as soon as possible. PTM Additive may contact your to ask you about your experiences.