Engineering Dots | Terms and Conditions

Engineering Dots Terms and Conditions

A. General Provisions

Engineering Dots Terms and Conditions, this document, contains all the terms and conditions associated with the transactions of Engineering Dots with its clients and buyers. Engineering Dots is not bound to any additional terms stated, in written or verbal form, by the buyer in the form of request for quotation, purchase order, emails or other document. The only exception is where additional terms are agreed in writing by the CEO or Head of Sales and Business Development of Engineering Dots.

B. Quotations and Prices

B.1 All quotations are valid for 30 days form the date of issuance, or as stated in the quotation. The quotations are based on current rates of material, labor and direct and indirect overheads. All goods are manufactured in China at an Engineering Dots partner facility. In certain cases, to meet special requirements, parts may be made in Singapore at an Engineering Dots associate facility.

B.2 All quotations are based on 3D CAD models, details 2D drawings and other specification provided at the time of ordering. A change in the drawings, specification or quantity will require a new or an updated quote. Engineering Dots will inform the buyer of the lead time which may change if a drawing, specification or order quantity is changed. Lead time starts after design for manufacturing (DFM) is confirmed and the payment is received. Parts are manufactured based on 3D CAD models, while 2D drawings are used for tolerances only. Engineering Dots does not check and is not responsible for the consistency between the files.

B.3 Quotations submitted by Engineering Dots are based on the drawings, 3D CAD model and material specification provided by the buyer. The buyer on their own ensures that the selected material is suitable for their intended use and target applications. Final part dimensions are dependent on the selected material and features included in the part design and under any circumstances, Engineering Dots will not guarantee that a specific tolerance will be met. Also, the tool life is dependent on the material specification and part design. The tool life estimated and provided at the time of quotation, ordering and invoicing are our best estimates and the actual mold life may vary. Mold life will not be guaranteed and will not be binding unless negotiated before confirming the order.

B.4 We follow ISO DIN 2768 (f) and ISO DIN 2768 (m) for precision machined and machined plastic parts. Vacuum cast parts manufacturing uses a general dimensional tolerance of +/- 0.3%. Our manufacturing process follows the tolerances specified on the drawings.

B.5 A formal purchase order from the buyer is required before a production will commence. Engineering Dots will work as per the drawings and specifications stated in the purchase order. Additional costs associated with the changes in drawings and specification after purchase order is issued are responsibility of the buyer. There may be cases where Engineering Dots may have completed a part of the manufacturing when a design change is requested. In certain cases, we may not be able to rework the parts and and the whole process may have to be started from beginning. Additional costs and extended lead time will be buyers responsibility.

B.6 Quotations provided by Engineering Dots include material cost, manufacturing cost and direct/indirect overheads of Engineering Dots. Quotations do not include additional costs, such as courier and special packaging, and will be specified in the quotation if requested by the buyer. The buyer is responsible for all duties, such as sales, excise, quarantine and other charges arising in connection with this transaction. Additional costs, such as travel cost, vendor coordination cost etc, associated with additional requirements from the customer will be buyer’s responsibility. These additional costs will be negotiated and agreed with the buyer on project to project basis.

C. Payment Terms

All new buyers shall pre-pay 100% up front, payment shall be made upon issuance of a purchase order by the buyer, unless otherwise agreed upon between the buyer and Engineering Dots.

D. Quality

In case of quality issues, such as non-conformance to design specification, buyer must contact Engineering Dots as soon as possible. If the buyer will not raise a quality concern within 30 days after receiving the shipment, the parts would be deemed accepted.

E. Copyright

E.1 Where Engineering Dots is only engaged for part/module manufacturing, the design of the part will be purely buyers responsibility. As a part of the design for manufacturing analysis, we may suggest modifications or provide design analysis and simulation. Any impact of these changes on the part or end product performance will be responsibility of the buyer. The buyer should reject such changes if they are in conflict to the part design.

E.2 Where Engineering Dots is only engaged for part/module manufacturing, the buyer will be responsible for fitness of these parts and the product for the intended use and warranties of the merchantability. Engineering Dots is not liable for any warranties, express or implied, for the end product.

E.3 Without limiting the generality of the foregoing, Engineering Dots assumes no responsibility or liability for the selection of any materials of the goods that are the subject of the transaction. The buyer is solely responsible for ensuring that materials selected for goods to be manufactured by Engineering Dots meet any regulatory requirements or specifications. Any statements made by Engineering Dots personnel or specifications provided by Engineering Dots regarding materials should be verified by the buyer with the manufacturer of that material.

E.4 Under any circumstances, Engineering Dots shall not be liable for any damages, incidental, consequential or punitive, whether for breach for any warranty, for breach or repudiation of any other term or condition, for negligence, on the basis of strict liability, or otherwise.

F. Buyer’s Goods And Tooling

F.1 Unless agreed otherwise, rapid tooling and fixtures used to produce buyer’s parts will be stored for a period of 24 months following the last order for that particular tooling. At the end of the agreed time frame, or a maximum storage time of 5 years, Engineering Dots will destroy all tooling and fixtures to protect the confidentiality.

F.2 Unless discussed and documented otherwise, Engineering Dots shall not be responsible for any loss or damage to the buyer’s goods and tooling, however caused (including fire, explosion, accident, negligence, error, defective workmanship and any acts or omissions etc.) whether or not caused in fulfilment of contract.

F.3 Whilst in Engineering Dots possession or that of the sub-contractor or in transit, all buyer’s goods and tooling are all at the buyer’s risk in all respects.

G. Termination

The buyer may terminate the work/purchase order at any time. However, the buyer agrees that it shall compensate Engineering Dots for all fees and expenses incurred in the performance of the obligations to the state of termination.

H. Right and Obligation

H.1 These terms and conditions agreement represent the entire and integrated agreement between the buyer and Engineering Dots and supersedes all prior negotiations, representations, agreements, either written or oral. These terms and conditions may be amended, if required by the customer, only by written instrument signed by both buyer and Engineering Dots.

H.2 The rights and obligations of Engineering Dots and the buyer under this contract shall be governed by the laws of Australia (without regard to principles of conflict of law).

H.3 Engineering Dots, its employees, consultants and affiliates shall have no obligations or liability to buyer or any other person or entity for special, incidental, exemplary, indirect, punitive damage, including, but not limited to consequential damages, arising out of or in connection with the buyer’s use or inability to use the product resulting from the work described in the quotation or from Engineering Dots failure to perform under this agreement.

H.4 Engineering Dots shall not be liable for, but not limited to, loss of property, loss of revenue, cost of capital or claims, service interruptions, or 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, calamities, inability to obtain materials, equipment, labor or transportation, governmental restrictions, serious public health nuisance or any similar cause over which Engineering Dots has no control.

H.5 The remedies of the buyer set forth herein are exclusive, and the liability of Engineering Dots with respect to the purchase contracts, or anything done in connection therewith such as the performance or breach thereof, or from the performance, manufacturer or sale, delivery of any product or service covered by or furnished under this quotation, whether in contract, in tort, under any warrant, or otherwise, shall not exceed the payments received by Engineering Dots and from the buyer for the product or service on which such liability is based.

H.6 This limitation shall apply whether or not the buyer or such party has been advised of the possibility of any other damages. This limitation shall apply notwithstanding any failure of essential or any limited remedy provided herein. Unless negotiated & documented otherwise, late fees, penalty clause, and/or credits will not be levied or taken against Engineering Dots.

H.7 The buyer shall defend, indemnify and hold harmless Engineering Dots (and its employees, consultants, associates and agents) from 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), resulting from or arising out of any breach of any representation, warranty or covenant of the buyer or its affiliates hereunder;

If the buyer has supplied Engineering Dots with drawings, designs or other specifications for the goods or services, arising out of any assertion that any goods manufactured by Engineering Dots (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. The buyer assumes responsibility to pursue, assignment, application, other product protection. It is also the responsibility of buyer to investigate and ensure that the subject product does not infringe on other patents or proprietary rights. Under any circumstance, Engineering Dots will not be liable for any loss or legal obligations. The buyer assumes responsibility to investigate legislation and standards which related to the manufacture or use of the subject product;

Otherwise arising out of or related to this transaction; or it’s specifically understood that the buyer shall indemnify and defend Engineering Dots and hold Engineering Dots harmless from claims that Engineering Dots was itself negligent or otherwise at fault.

If any action, suit or proceeding is commenced, or any claim, demand or assessment asserted against Engineering Dots (or its employees, representatives, associates or agents) which might result in liability with respect to which a party seeks indemnification, then the party shall notify the buyer promptly and the compromise or settlement. Upon the buyer’s request and at buyer’s expense, Engineering Dots shall cooperate fully in such defence and make available to the buyer all relevant information under its control.

The provisions of this paragraph and buyer’s obligations hereunder will survive any termination of this agreement.