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Article 1 – Pricing
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i. Customer orders are priced in Australian dollars, including GST. Postage and shipping costs are stated on the invoice.
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ii. Overseas orders are payable in Australian dollars. Invoices reflect the exchange rate at the time the order was confirmed. (See Article 3).
Article 2 – Placing an Order
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i. A Customer wishing to engage 3D printing services must first (1) complete the online order form, including required fields; (2) preview the information provided; (3)tick a box stating the Customer has read the Terms and Conditions; and (4) submit the order form to AMS.
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ii.Order submittal implies acceptance of the terms and conditions.
Article 3 – Confirmation of order
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i An email confirmation will be sent to the address specified on the order form.
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ii The email confirmation constitutes a written contract between AMS and the Customer for production and delivery of goods ordered.
Article 4 – Subsequent decline or suspension of order
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i. Should for any reason AMS subsequently decline to undertake a order the Customer will receive written notification via email.
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ii. In the case of reimbursement, AMS will credit the account from which funds were received within 21 days from the date of receipt of funds.
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iii. AMS reserves the right to suspend a Customer order due to either lack of material stock or unforeseen breakdown in the manufacturing equipment.
Article 5 – Delivery of order
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i. AMS will endeavor to ensure that orders are delivered within the time period specified on the order confirmation. For overseas orders, this time period includes an estimate only for customs handling and release of goods.
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ii. AMS will inform the Customer via email of any unforeseen delays but will not be held responsible for delays associated with overseas delivery of goods.
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iii. Acceptance of delivery constitutes possession of goods and transfer in the rights and responsibilities of ownership from AMS to the Customer.
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iv. The Customer has 10 days from delivery of order to inform AMS in writing of any negligent defects in goods delivered. Goods must be returned to AMS in the same condition as received by the Customer. The Customer will be responsible for all costs associated with repackaging, dispatch and shipment.
Article 6 – Payment
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i. Within 24 hours of order confirmation, AMS will send via email an invoice covering production and shipment costs for goods ordered. AMS has a credit card facility with ANZ Bank for payment transactions. The invoice will list two payment options: credit card or direct debit.
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ii. All goods ordered must be paid for in full before manufacture will commence.
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iii. Invoice copies are lodged on the AMS website in the “Your Account” file.
Article 7 – Guarantee/Right of cancellation
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i. AMS provides a guarantee that goods ordered are manufactured in Australia to the specifications of the .stl file submitted by the Customer.
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ii. All Customer orders are custom built and, as such, the cancellation of an order can only be pursued in accordance with rights granted under Article 5, iv.
Article 8 – Web site Liability
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i. AMS is bound only by a best effort undertaking and may not be held responsible for inconveniences or interruptions inherent to Internet use, including service failure, external intrusion, or presence of computer viruses.
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ii. AMS cannot be held responsible for any direct or indirect damage, costs, losses or liabilities of any nature which may arise from the use of the website or its contents.
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iii. Customers transmit their images in the form of a .stl file and undertake not to transmit files containing viruses or programs which destroy data. AMS cannot, under any circumstances, be held responsible for the loss or destruction of files transmitted by a Customer.
Article 9 – Intellectual property
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i. The images, drawings, designs, texts, names and logos (referred to as “design”) appearing on the AMS website are the property of their authors and are thus protected by intellectual property rights and usage rights held by AMS and/or creators bound to AMS by a specific contract.
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ii. Except for the rights and licences set out below, AMS will not use, display or modify the Customer’s design.
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(A) The Customer grants AMS a non-exclusive, royalty free transferable license on its design which is worldwide and can be used as follows:
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(a) to modify and use it to manufacture the Customer’s model to enable AMS to fulfill an order of any website user;
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(b) to display it on the AMS website; and
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(c) to utilize it for the purposes of manufacturing the Customer’s model in order to fulfill the Customer’s order.
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In the event the Customer does not agree to the terms and conditions specified in Article 9ii herein, the Customer must contact AMS to make further enquiries and will not be permitted to use the website.
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iii. A Customer who sends AMS an image, drawing or design (the “IMAGE”) guarantee they are the author or holder of all intellectual property rights for this IMAGE and have not infringed any IP rights by sending this IMAGE including but not limited to any privacy, contract or publicity rights, copyrights or any other IP or proprietary rights. The Customer undertakes to indemnify AMS against any claims by third parties and be held liable for any damages and/or costs incurred by AMS with respect to such claims. The Customer will retain ownership of the IMAGE sent to AMS however agrees to grant AMS the rights and licences specified in clause (ii) above.
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iv. Any reproduction or use, whether in Australia or abroad, of all or part of the AMS website for professional use or duplication on any media, website, free, paid or commercial blogs, is forbidden unless prior consent has been given by AMS and constitutes a violation of the Australian Intellectual Property Code.
Article 10 – Settlement of disputes
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i. These general terms and conditions are governed by Australian law. The parties will endeavor to resolve any disagreements which may arise between them concerning the interpretation, execution or non-performance of these terms and conditions in an amicable fashion.
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ii. The Customer should contact AMS as a priority to obtain an amicable solution. If the parties are unable to agree to an amicable settlement, the disagreement will be submit ted for mediation in accordance with Australian law. One of the parties must give the mediator the authority to organise a meeting which both parties must attend within 30 days of written request to resolve the dispute. The mediator will send a letter to both parties with acknowledgement of receipt. The parties will share the costs of mediation in an equitable manner.
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iii. If an agreement cannot be reached and no other option can be found, the disagreement will be brought before the competent jurisdiction of the Australian Court of Appeals.
Article 11 – Settlement of disputes
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i. AMS hereby notifies the Customer that any data sheets it provides to the Customer are to be used for reference purposes only and cannot be relied upon by the Customer.
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ii. The Customer acknowledges that the materials used by AMS may vary in properties from time to time.
Last update: 22 May 2013
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