First Cut Prototype » CNC Machined Plastic Parts — Fast

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Notes

Customers are responsible for ensuring that the properties and performance of the material selected meet the requirements of their application.
Tolerances of +/- .005in are expected and generally achieved; however, due to the nature of the First Cut Prototype process, there is no assurance that any given dimension or tolerance will be met.
The estimated lead time is the best estimate available at the time of quote for the part. Actual lead times are dependent on part complexity, the number of part numbers being ordered, quantity, material availability, workload at the time the order is placed and other factors. Reasonable efforts will be made to deliver within or as close to estimated lead times as possible; however there is no assurance that any estimated lead time will be met.
Unless otherwise requested, parts will be shipped UPS Red (UPS Ground in MN) with shipping charges prepaid and added to the invoice.

Terms and Conditions — FirstQuote interactive quote

Seller. As used herein, “Seller” means Proto Labs, Inc. (including both its First Cut Prototype Division and its Protomold Division), a Minnesota corporation.

Offer and Acceptance. This document from Seller contains the entire terms and conditions associated with this transaction. Seller objects to any different or additional terms or conditions contained in any request for quotation, purchase order or other document of the buyer, and no such different or additional terms shall be effective or binding upon Seller unless agreed to in writing and signed by an officer of Seller. If the buyer issues a purchase order or other writing addressing the subject matter of this transaction, that writing shall be for the buyer’s internal purposes only and the terms and conditions contained therein shall have no force or effect.

Quotations. A quote is valid only for the 3D CAD model on which it was based. Any change to the 3D CAD model requires an updated quote. Quotes are valid for 30 days, after which pricing may change without notice.

Delivery; Title; Risk of Loss. Premium delivery options are subject to review at the time of order. All parts are shipped (i) for deliveries within the United States, F.O.B. at Seller’s facilities in Maple Plain, Minnesota, and (ii) in all other cases, FCA (Incoterms 2000) at Seller’s facilities in Maple Plain, Minnesota. Title passes to the buyer at the time and place of delivery to the carrier.

Taxes, Duties, Etc. The buyer shall pay all duties and sales, excise, use or other taxes arising in connection with this transaction (other than taxes based solely on Seller’s taxable income).

Warranties. Seller assumes no responsibility for the design of the goods that are the subject of this transaction. To the extent that Seller’s personnel recommend design modifications or provide design analysis, simulation or advice, they do so to help meet the requirements of Seller’s own manufacturing process. The buyer retains sole legal responsibility for the design specifications and performance of the goods that are the subject of this transaction.

SELLER MAKES NO REPRESENTATION OR WARRANTY, WHETHER EXPRESS OR IMPLIED, OF ANY KIND WHATSOEVER WITH RESPECT TO ANY GOODS OR SERVICES, INCLUDING BUT NOT LIMITED TO ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT.

Without limiting the generality of the foregoing, Seller assumes no responsibility or liability for the selection of any materials for the goods that are the subject of this transaction. The buyer is solely responsible for ensuring that materials selected for goods to be manufactured by Seller meet any regulatory requirements or specifications including but not limited to Directive 2002/95/EC on the restriction of the use of certain hazardous substances in electrical and electronic equipment (RoHS Directive) together with any national legislation implementing such Directive, ISO, FDA, UL, CSA, CE, TUV, FCC, NSF, and USP. Any statements made by Seller personnel or specifications provided by Seller regarding materials should be verified by the buyer with the manufacturer of that material.

LIMITATION OF DAMAGES. IN NO EVENT SHALL SELLER BE LIABLE FOR ANY INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES OF ANY KIND, WHETHER FOR BREACH OF ANY WARRANTY, FOR BREACH OR REPUDIATION OF ANY OTHER TERM OR CONDITION, FOR NEGLIGENCE, ON THE BASIS OF STRICT LIABILITY, OR OTHERWISE.

Indemnification. The buyer shall defend, indemnify and hold harmless Seller (and its employees, representatives and agents) from and against all claims, liabilities, losses, damages, penalties, fines and sanctions of any kind (including, without limitation, interest, attorneys’ fees and expenses, customs duties, fines, taxes, penalties or any other governmental sanctions of any kind) (i) resulting from or arising out of any breach of any representation, warranty or covenant of the buyer or its affiliates hereunder; (ii) if the buyer has supplied Seller with drawings, designs or other specifications for the goods or services, arising out of any assertion that any goods manufactured by Seller (or the act of manufacturing such goods) according to those drawings, designs or other specifications infringe or misappropriate any patent, copyright, trade secret or other proprietary right; (iii) otherwise arising out of or related to this transaction; or It is specifically understood that the buyer shall indemnify and defend Seller and hold Seller harmless from claims that Seller was itself negligent or otherwise at fault. If any action, suit or proceeding is commenced, or any claim, demand or assessment asserted against Seller (or its employees, representatives or agents) which may result in liability with respect to which a party seeks indemnification, then the party shall notify the buyer promptly and the buyer shall have the right at its own expense to assume the entire control of the defense, compromise or settlement. Upon the buyer’s request and at the buyer’s expense, Seller shall cooperate fully in such defense and make available to the buyer all relevant information under its control.

Force Majeure. Seller shall not be liable for any failure to manufacture, deliver or provide, or for any delay in the manufacture, delivery or provision of, any goods to be provided hereunder if such failure or delay is caused by acts of God, fire, storm, strikes, blackouts, labor difficulties, riots, inability to obtain materials, equipment, labor or transportation, governmental restrictions, serious public health nuisance or any similar cause over which Seller is unable to exercise control.

U.S. Export Laws. The goods that are the subject of this transaction may be subject to U.S. laws restricting the export and reexport of certain sensitive products and technology. These laws include export regulations administered by the U.S. Department of Commerce and the U.S. Department of State as well as economic and trade sanctions programs administered by the U.S. Department of Treasury (collectively, “U.S. Export Laws”). By receiving these goods the buyer agrees it is legally responsible for using or distributing these goods in compliance with U.S. Export Laws and that it will comply with these laws, including not selling or distributing the goods to prohibited parties or end users as described in the U.S. Export Laws and obtaining all necessary export licenses or approvals that may be required if the buyer sells or exports the goods to parties or countries for which a license or approval is required. Seller reserves the right to stop shipping or providing goods if the buyer appears on a restricted party list or if shipment requires an export license or otherwise becomes restricted by U.S. law.

Government Contracts; Arms Sales. The buyer represents and warrants to Seller that the goods that are the subject of this transaction are not the subject of any government contract and will not be subject to regulations governing international traffic in arms.

Tooling. Due to the proprietary nature of the Seller process, all tooling, fixturing and software developed by Seller are proprietary and are generally not compatible with or transferable to other equipment. Seller retains ownership of the molds. Notwithstanding any tooling or engineering charges imposed by Seller, all such tooling and software produced by Seller shall be and remain the sole and exclusive property of Seller. However, Seller shall not use custom tooling or software in the production of goods for any other customer of Seller without buyer’s express permission. As used in this section, “custom tooling or software” means tooling or software developed specifically for the buyer and for which the buyer is separately charged by Seller.

Governing Law; Jurisdiction. The rights and obligations of Seller and the buyer under this contract shall be governed by the laws of the State of Minnesota (without regard to principles of conflict of law), including the Minnesota Uniform Commercial Code. The United Nations Convention on Contracts for the International Sale of Goods shall not apply to this transaction. Any suit, action or other legal proceeding arising out of or relating to this transaction shall be brought in a court of record in Hennepin County, Minnesota or in the courts of the United States located in such county. Seller and the buyer each consent to the jurisdiction of each such court in any suit, action or proceeding, and waive any objection which it may have to the laying of venue of any such suit, action or proceeding in any such courts and any claim that any such suit, action or proceeding has been brought in an inconvenient forum.

English Language. All documents, notices and legal proceedings executed, given or instituted pursuant to or relating directly hereto shall be in the English language, and the meaning of all words and phrases of this offer shall be defined, construed and interpreted in the English language.

August 15, 2007