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BOM Quote Ltd., Terms of Service ("TOS") Agreement
Last updated on Feb 05, 2019
General Provisions
These terms and conditions coupled with any quote that you accept form a legally binding contract (the “Agreement”) between you ("Customer", "Client or "you") and BOM Quote Limited ("Company, "we" or "us" or "Bomquote") governing your use of the Bomquote manufacturing services and website. If you choose to use our website, the terms described below are effective upon your access of our website located at http://www.bomquote.com (the “Website”). If you choose to manually request a quote or place a purchase order by any other means such as via electronic mail, phone or otherwise, the terms described below are effective upon your submission of a quote request or placement an order. You are deemed to have accepted this Agreement without modification upon the first time you access the Website or otherwise request a quote or submit an order. Additionally, we require you to expressly acknowledge your agreement to these terms when you register for our Website.
Changes to the Terms of Service
We may revise and update these Terms of Service from time to time in our sole discretion. If you have a registered account on our Website, we will notify you of the changes upon login to your account and ask you to digitally accept the revised Terms of Service. If you do not have a registered account on our Website or otherwise do not log in to digitally accept the revised Terms of Service, you are expected to check this page from time to time to take notice of any changes we made, as they are binding on you. Your continued use of the Website following the posting of revised Terms of Service means that you accept and agree to the changes.
Website Use
With respect to users of our Website, Bomquote grants to you a limited, non-exclusive license to utilize the services offered by the Website. Your exercise of this limited license is subject to and conditioned on the terms and conditions of this Agreement. This license terminates immediately if you breach any term of this Agreement. You may not transfer or assign this license to any other party. Bomquote is the owner or licensee of all rights in the Website, its content, software and services. Bomquote is not granting to you any right or license to the Website, its content, software, or services except as explicitly stated in this Agreement. We may terminate your access and registration if you breach any term of this Agreement, or if we are unable to verify or authenticate any information that you provide to us, or if we decline to engage in a business relationship with you. If you use the Website, you agree that you shall not use any device, software or routine, including but not limited to any viruses, Trojan horses, worms, time bombs or cancelbots, intended to damage or interfere with the proper working of the Website or to intercept or expropriate any system, data or personal information from the website.
Confidentiality
Bomquote is committed to maintaining the confidentiality of the confidential information that you submit in connection with receiving a quote or ordering a product. The BOM Quote Ltd., Standard Mutual Confidentiality Agreement relating to the Bomquote manufacturing services and Website is located at http://www.bomquote.com/confidentiality-agreement/ and is incorporated by reference into this Agreement if it has been digitally acknowledged by Client, though it may be modified by Bomquote from time to time at our sole discretion.
Customer Responsibility for Design including Part & Assembly Performance
As our customer, you are responsible for all orders placed and for ensuring that all information provided in a quotation is accurate and complete. The customer will not hold Bomquote responsible or liable for issues related to the design, including materials selected for production. The customer is responsible for all aspects of the design and the technical performance of parts and materials, regardless of whether they are single parts, parts combined into an assembly, or parts assembled into a fully finished goods product. The customer is responsible to do their own research and make design decisions to ensure that the design for their own goods are in compliance with government regulations regarding health and safety, CE, FCC, FDA, FMCSA, ISO, NSF, UL, and USP requirements, ingress protection (IP), strength, durability, flexibility, and flammability ratings, or other regulations either not mentioned or implied in the present or future. Customer assumes all liabilities associated with use of the parts in all contexts and geographic regions. The customer is responsible for all testing and approval prior to their use or sale of the parts. Design characteristics which are deemed by Bomquote to be the cause of post-molding part distortion, warp or sink, or failure of the product to meet some aspect of customer finished goods requirements, are the responsibility of the customer to correct through improved part and assembly design.
Customer Responsibility for Part Use & Destination
The customer is responsible for complying with all applicable U.S. laws or laws of whichever country and/or locality the parts provided by us are associated with, including the direct or indirect use of the part(s) and the ultimate destination. The customer also certifies that the 3D CAD or other data being submitted to Bomquote WILL NOT produce products that violate United States firearm laws or laws of any other international governments. Bomquote cannot be held responsible or liable for violations of United States firearms laws or laws of any other international governments that are the result of the manufacturing, delivery or use of any product that was a provided design by the customer.
Quotes
A quotation or “quote” is valid for a period of 45 days from the date quoted, unless Bomquote informs a customer within this period, but prior to accepting customers order, that the quote is void. If the quote is voided, Bomquote reserves the right to issue a revised quote or decline to quote. It is the responsibility of the customer to alert Bomquote to all design changes that have been made after the quote has been offered. Acceptance of the order without such notification does not prevent Bomquote from changing the price for the order. It is at Bomquote's discretion whether to accept, re-quote, or decline an order with the design changes. If Bomquote deems necessary, the original quote will be voided and Bomquote will issue a new quote for the revised part design, or will decline to quote. Any feature such as inserted features, over-molding, insert-molding, texturing, text, or material not clearly identified in the customer’s original request for quote and not specifically stated on the quote, is not included in the quoted price. Furthermore, a part may be quoted with the assumption that design flaws that are not conducive to injection molding will be corrected prior to mold design. If moldability flaw(s) are present and identified during any time of processing the order, the customer will be informed. If the customer agrees, the design changes will be made, otherwise the order will be voided and prorated charges will be applicable. Bomquote may provide design change recommendations when the customer design is not conducive to industry standard or does not fit Bomquote's molding techniques. Unless otherwise explicitly stated in the quote, all quotes are Ex-Works Shenzhen China and all logistical and shipping costs will be paid by the customer and are not included in the quote. Customer agrees that any terms listed directly on our quote ("quote specific terms") will take priority over all other terms and conditions, notwithstanding, all terms and conditions listed herein that are not expressly overridden in the quote specific terms, are still fully applicable.
Orders and Payments
Once you have obtained a quote from us, you may accept such quote and submit an order requesting that we produce your desired product. Bomquote reserves the right to decline to produce any order for any reason. The total fees for each order will include all applicable taxes unless specifically stated. Shipping terms will be as listed in the quotation, and if shipping services are requested, applicable shipping charges will be listed in the quotation. To submit an order, you must pay all fees either (i) in advance or (ii) pursuant to such credit terms as pre-approved by Bomquote. Once you receive an electronic or other confirmation of your order, such order is binding on both you and Bomquote and may not be cancelled except by mutual agreement.
Tooling
All tooling is based on the customer-supplied 3D CAD data which supersedes any conflict with 2D dimensional or geometric data. First Article quality reports on an initial sample for the customer indicated critical dimensions are provided at no charge. Full dimensional layouts, CMM reports, or a higher number of samples will be quoted as needed. If any products that you order require tooling, such tooling will only be used to make parts for the original customer or their authorized agent during the period of tooling life. Bomquote will provide adequate tooling for the quantity specified in the order. Unless otherwise agreed to by Bomquote in the order, such tooling will remain the proprietary property of Bomquote and any costs related to such tooling will be your responsibility. After two years of inactivity, the mold(s) will be discarded unless the customer initiates financial arrangements with Bomquote to protect and store the mold beyond the two-year period of inactivity. Future orders submitted for similar products may require new tooling and related costs.
Part Design Iterations
Bomquote will modify tooling to support design changes at a quoted rate. Bomquote reserves the right to determine the suitability of the mold modification vs. making a new mold and the customer will be quoted a change fee based on our determination. A set-up fee, based on the injection machine size required, is applied for each part run or tool sampling resulting from a customer-driven design change to the mold. Changing or adding plastic resins or colors results in additional trialing and approval samples for which the customer will be quoted. Each color change during a parts run will incur a fee.
Prototype Parts
Prototype parts, whether manufactured by CNC or another process, are based on the customer-supplied 3D CAD data and will supersede any conflict with 2D dimensional or geometric data. Prototype CNC manufactured parts are milled from a single block or multiple blocks of molded resin and they can be used for form, fit, and function check in non-production products. However, they are not intended to be used as replacements for injection molded parts.
Title, Risk of Loss, Delivery
Bomquote shall not be held responsible for diverse conditions which prevent compliance with delivery of products to customers. If conditions arise which prevent compliance with delivery schedules, Bomquote will not be liable for any damage or penalty for delay in delivery, or for failure to give notice of delay. However, Bomquote will use all reasonable efforts to give notice of delays. Delays will not be grounds for cancellation. Delivery occurs Ex-Works on the actual shipping date, and title and the risk of loss transfer to you upon shipment or release of the load at our own dock. If customer decides to hire their own freight forwarder, customer must assume all risk of loss from the time Bomquote releases the load to the customer’s forwarder at our warehouse dock. Customer will assume all responsibility over all terms listed in their own chosen freight forwarder’s shipping paperwork. The customer indemnifies Bomquote for any claimed liabilities arising from any terms and conditions stated in their freight forwarder’s paperwork. Bomquote reserves the right to refuse to release any load to a customer’s chosen freight forwarder in China if we find they are not qualified to be placed on our own approved vendor list (“AVL”) or else we believe the freight forwarder places undue risk on Bomquote, for example, a risk that we may be forced to engage with China customs export officials upon load export or else get involved with loads that a customers forwarder transported which are impounded at the China border, for any reason.
Warranty
Unless otherwise agreed to by both parties, all products produced and sold by Bomquote are warranted to conform with critical specifications as mutually agreed upon by the parties. In the event that, within three (3) business days of your receipt of the product, you shall determine that the product is not in conformity with such critical specifications, you may return such product to Bomquote for analysis. Upon receipt of your return, we will have fifteen (15) business days to complete our analysis of such product. If the product does not meet the agreed upon critical specifications, Bomquote shall, at our sole option, either (i) replace such product with a corresponding product that meets such critical specifications, or (ii) accept for return such product for credit on future purchases, or (iii) offer a refund. In all cases, the customer shall bear all shipping, transportation, and handling costs regarding warranty analysis and returns. THE FOREGOING WARRANTIES ARE IN LIEU OF ANY OTHER WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY WARRANTIES OF MERCHANTABILITY OR FITNESS FOR INTENDED OR PARTICULAR PURPOSES, EACH OF WHICH IS HEREBY DISCLAIMED. WE ALSO DO NOT GUARANTEE CONTINUOUS, UNINTERRUPTED OR SECURE ACCESS TO OUR WEBSITE AND HEREBY NOTIFY YOU THAT OPERATION OF THE WEBSITE MAY BE INTEFERED WITH BY NUMEROUS FACTORS OUTSIDE OF OUR CONTROL. OUR WEBSITE AND ASSOCIATED MANUFACTURING SERVICES MAY BE CEASED AT ANY TIME ACCORDING TO OUR OWN BUSINESS NEEDS. USE THE WEBSITE AT YOUR OWN RISK.
Limitation of Liability
Bomquote will not be responsible to you for consequential, exemplary or incidental damages (such as loss of profit or employee's time) regardless of the reason. In no event shall the liability and/or obligations of Bomquote arising out of the purchase of products via the BOM Quote quotation service by you or others exceed the purchase price of the products.
Customer Indemnification
You agree to indemnify Bomquote, its affiliates, parent and subsidiaries from and against any and all claims and damages of any kind (including attorneys fees) resulting from your use of the Bomquote manufacturing services, the Website, or from your breach of any provision of this Agreement.
Privacy
The Privacy Policy relating to the Bomquote manufacturing services and Website is located at http://www.bomquote.com/privacy. Such policy is incorporated by reference into this Agreement and may be modified by Bomquote from time to time in its sole discretion.
Dispute Resolution
Customer and Bomquote shall endeavor to resolve any controversy, claim or dispute arising out of or relating to the Agreement, or the performance or breach thereof, by negotiation. Any dispute, controversy, difference or claim arising out of or relating to this agreement that is not resolved within thirty (30) days of the claim, including the existence, validity, interpretation, performance, breach or termination thereof or any dispute regarding noncontractual obligations arising out of or relating to it shall be referred to and finally resolved by arbitration administered by the Hong Kong International Arbitration Centre (HKIAC) under the HKIAC Administered Arbitration Rules in force when the Notice of Arbitration is submitted. The law of this arbitration clause shall be Hong Kong law. The seat of arbitration shall be Hong Kong. The arbitration proceedings shall be conducted in English. At Bomquote’s option, the number of arbitrators shall be one (1) or three (3).
Limitation on Time to File Claims
ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OF SERVICE, INCLUDING THE WEBSITE OR OUR MANUFACTURING SERVICES MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES, OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.
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