General Terms and Conditions of Supply

Scope:
These General Terms and Conditions of Supply ("TERMS") apply to all contracts between 3D Projects GmbH ("SUPPLIER") and its customers ("CUSTOMER"), unless expressly agreed otherwise in writing. These TERMS prevail over any CUSTOMER terms and conditions.
Definitions
2.1 “SUPPLIER” means 3D Projects GmbH, a company located in Switzerland that specializes in manufacturing special, unique, or unusual mechanical parts that are no longer manufactured.
2.2 “CUSTOMER” means any individual or entity that places an order with the SUPPLIER for the supply of GOODS.
2.3 “GOODS” means the products or services that are supplied by the SUPPLIER to the CUSTOMER
Order and Acceptance:
3.1 All orders for GOODS placed by the CUSTOMER are subject to acceptance by the SUPPLIER, which may be given or withheld at the SUPPLIER's discretion.
3.2 The SUPPLIER shall be under no obligation to accept any order placed by the CUSTOMER
3.3 The SUPPLIER reserves the right to refuse any order without providing any reason.
Price and Payment:
4.1 The price for the GOODS shall be as agreed between the SUPPLIER and the CUSTOMER
4.2 Unless otherwise agreed between the CUSTOMER and SUPPLIER, all prices are in Swiss Francs (CHF) and are exclusive of VAT.
4.3 Payment shall be made in advance by the CUSTOMER, unless otherwise agreed in writing by the SUPPLIER.
Delivery and Risk:
5.1 Delivery of the GOODS shall be made by the SUPPLIER to the address specified by the CUSTOMER at the time of placing the order.
5.2 The risk in the GOODS shall pass to the CUSTOMER upon delivery.
Intellectual Property:
6.1 The scanned files remain the property of the SUPPLIER and may not be reproduced or distributed without prior written permission from the SUPPLIER.
6.2 If the CUSTOMER wants to have the electronic files, a special agreement must be negotiated and agreed upon by both parties.
Responsibility:
7.1 The CUSTOMER is responsible for verifying that the part to be manufactured is no longer available in the market and that new parts cannot be purchased from the original manufacturer.
7.2 The SUPPLIER reserves the right to refuse production of a part, even if the CUSTOMER and 3D Projects are in contract, if the part is found to be still in production by the original manufacturer or if a patent is infringed. In this case, the CUSTOMER will be charged for all direct and indirect costs resulting from such an event.
7.3 Manufacturing Process and Material Selection: The manufacturing process and material selection can be discussed and agreed between the SUPPLIER and the CUSTOMER. However, the final decision and responsibility lies solely with the CUSTOMER as to which process and material is used.
7.4 Paragraphs 7.1 and 7.2 do not apply to parts that are made from a different material than the original part, unless paragraph 7.5 is applicable.
7.5 The SUPPLIER assumes that the CUSTOMER has verified that the production of a part does not violate any rights when placing an order. In the event that any infringement does occur, the CUSTOMER assumes full responsibility for it and agrees to hold the SUPPLIER free from any liability.
Liability:
8.1 The SUPPLIER shall not be liable for any loss or damage arising out of the supply or use of the GOODS.
8.2 The SUPPLIER shall not be liable for any direct, indirect, or consequential loss or damage, including loss of profit, loss of revenue, or loss of business opportunity.
Governing Law:
9.1 These TERMS shall be governed by and construed in accordance with the laws of Switzerland.
9.2 Any disputes arising out of or in connection with these TERMS shall be subject to the exclusive jurisdiction of the Swiss courts.
9.3 All hearings in court are held in English
Amendments:
Amendments 3D Projects reserves the right to amend these TERMS from time to time. Any amendments will be communicated to the CUSTOMER in writing.
By placing an order with the SUPPLIER, the CUSTOMER agrees to be bound by these TERMS.