Terms & Conditions
Formero Pty Ltd: ABN 43 627 948 074
Our website address is: www.formero.com.au
No other terms and conditions will apply whether contained in Customer purchase orders or order acknowledgments preceding or following the date of this Quotation. These terms constitute the entire agreement between the parties and no change to or modification of these terms shall be binding upon Formero Pty Ltd unless in writing and signed by an Executive Officer of Formero Pty Ltd.
Quotations are valid for 14 or 30 days based on the service quoted. All quotations will be reviewed at the time of order – any changes to CAD may result in additional costs. Formero reserves the right to review and adjust quotations due to sudden price fluctuations in foreign exchange rates. All lead times quoted are based on work-loads at the time of quotation – if required, updated lead times will be supplied upon placement of the purchase order.
Formero cannot be held responsible for any design flaws or omissions contained within CAD data. All claims of non-conforming parts should be made in writing within 30 days of receipt of goods. Claims after 30 days will not be accepted.
To maintain quality parts – all SLA and ProJet parts should be kept free from exposure to UV light and sources of heat. Any claim of nonconformance will be judged using a “Fit for purpose” methodology – no liability will be accepted for out-of-spec tolerances on noncritical areas not affecting the overall design intent. Non-conforming parts must be returned before replacements are supplied.
Formero will not be liable in respect to the misuse of parts. Formero should be notified of the intended use of all parts, as inappropriate use may expose operators to serious risk. Formero reserves the right to modify pricing without notifying the customer.
Limitation of Liability
Formero 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 Formero arising out of the purchase of products by you or others exceed the purchase price of the products.
3D Printing/Additive Manufacturing Services
CAD: Customers to provide acceptable 3D CAD in (IGES, STEP, PARASOLID or native SOLIDWORKS) along with 2D drawings.
SLA/DLP: Features less than 0.5mm thick are not guaranteed – all care is taken to ensure feature detail; ultimate responsibility lies with the customer however to ensure that all features are 0.5mm or greater. A general wall thickness of 1.0mm is recommended. Expected tolerances are +/- 0.10 mm per 100mm.
SLS: Features less than 0.8mm thick are not guaranteed – all care is taken to ensure feature detail; ultimate responsibility lies with the customer however to ensure that all features are 0.8mm or greater. A general wall thickness of 1.0mm is also recommended. Expected tolerances are +/- 0.25 mm per 100mm.
ColorJet prints: Should be treated as visualisation models only. Coloured STL files to be supplied in VRML format. Texture images to be supplied separately in JPG, BMP or PNG formats. Features less than 1.5mm thick are not guaranteed – all care is taken to ensure feature detail; ultimate responsibility lies with the customer. All freestanding and general wall thickness of 2.5mm is also recommended.
Multi Jet Fusion: Unless critical dimensions are specified, only bounding box dimensions of parts will be measured. The tolerance of multi jet fusion 3D printing is as printed +/- 0.3 mm/100mm and +/- 3% above 100mm. Features less than 0.5mm thick are not guaranteed – all care is taken to ensure feature detail; ultimate responsibility lies with the customer. A general wall thickness of 1.0mm is also recommended.
Painting colours to be approved by customer via brush sample, but additional purchase of paints will incur an additional fee.
Cast Urethanes: Customers to provide high resolution 3D STL files. Other 3D formats can be acceptable. Unless otherwise communicated in writing, all Master Models are required to be approved and returned to Formero by the customer before Silicone Tooling commences. Silicone Tools always remain the property of Formero. Expected tool life is 10-20 parts depending on the complexity of parts and the material chosen for casting. All Silicone tools are stored for a minimum of 3 months – after such time they may be recycled or destroyed. Standard PU colours are black and white. Colour cost will apply if nonstandard colours are chosen.
CNC Machined Parts & Presentation Models: Customers to provide acceptable 3D CAD in (IGES, STEP, PARASOLID or native SOLIDWORKS). Critical tolerances and surface finish requirements must be specified with 2D technical drawings. General expected tolerances are +/- 0.1mm – in some cases +/- 0.05mm can be achieved. (Only if specified with detailed 2D drawings). Due to the nature of some materials, and combined with certain designs; CNC machined parts may show some distortion or bending. On larger CNC machined parts, gluing of join lines may be visible.
Injection Moulding (Prototype & Production Parts): Customers to provide acceptable 3D CAD in (IGES, STEP, PARASOLID or native SOLIDWORKS) along with 2D drawings. Prototype Tooling and/or Inserts always remain the property of Formero. Tooling and/or Inserts are guaranteed for quoted number shots. Tooling and/or Inserts are stored for a minimum of 9 months – after such time they may be recycled, destroyed or incur a storage fee. Critical tolerances and surface finish requirements must be specified with 2D technical drawings. General expected tolerances are +/- 0.1mm per 100mm.
Critical dimensions: Unless critical dimensions are specified, only bounding box dimensions of parts will be measured.
Specification – Goods shall be in accordance with any specification, drawing, sample or other description (if any) stated in the Purchase Order or otherwise provided by the Customer.
Warranty: Formero warrants to the customer that if at any time following delivery any fault is detected in the workmanship of any Good supplied by Formero, during the correct use of the Goods or Services, that Goods may be returned to Formero. As soon as reasonably practical after receipt of the Good concerned, Formero will within normal working hours attempt to (at its option) repair, renew, replace the goods concerned.
Formero reserves the right to charge the Customer for;
– Travel costs and accommodation associated with the repair of any Good supplied under the Contract conducted at Formero’s option away from Formero’s premise.
– Any costs (including labour costs, parts and expenses) incurred by it in examining any Good produced pursuant to this warranty for which Formero is satisfied that there is no fault or defect for which it is responsible pursuant to the Clause.
Quotations: On acceptance of our quote Formero will provide data as per the client’s requirements in the format as stated in the Quote. As the Client you understand the data being provided to you for use in your company’s project. If our data is to be used by a third party, Formero may require confirmation of data and/or accuracy required to ensure our data is satisfactory. Formero reserves the right to adjust the price for goods sold under any contract to reflect any change in the contract as made by the customer.
Delivery: The Customer must, at its own expense, arrange collection of the Goods from Formero at its premises. Alternatively, if Formero undertakes to transport the Goods then, unless otherwise expressly agreed to by Formero in writing, all costs of transportation are to be borne and paid by the Customer. Unless a method of transportation has been agreed in writing between the Customer and Formero, Formero may choose the means by which the Goods will be transported.
Formero reserves the right to delay or amend the delivery date for the Goods in any of the following cases:
- If the Customer changes the specification for the goods, or
- When delivery of goods or labour which the Customer has provided or assigned to a third party to
supply is delayed.
Confidentiality: Each of the parties agree that they will not at any time after the making of the Agreement divulge any information to any third party in relation to the parties affairs or business or method of carrying on business.
Variation: Any variations after a project commences will require a written adjustment “Variation Order” from the customer. The customer is responsible for paying any out-of-pocket expenses that may have already occurred by Formero relating to the project.
Intellectual Property: Title to the Goods shall not pass to the customer, and shall remain with Formero, until the Customer has paid to Formero in clear funds all sums owing to Formero in accordance with this Agreement. Formero shall not be responsible for patents, design rights, trade marks, copyright, original works and other intellectual property in any design in relation to any goods sold under these terms.
Formero acknowledges that all drawings, documents, descriptions and submissions and other intellectual property supplied by the Customer, whether attached to or forming part of any quotation or otherwise remain the property of the Customer. Formero will not copy or reproduce any of the foregoing and must not cause, permit or allow any of the foregoing to be passed to or come to the knowledge of any other person without the prior written consent from the Customer.
Payment Terms (See Formero’s General payment terms): On completion of the project, Screen shots will be available for viewing. On acceptance of these screen shots our Payment Terms are applicable.
The terms of payment shall be payment of the whole of the contract price on or before delivery, or as per the terms and conditions stated in the purchase order. If you are unsatisfied with the data you have received you have 7 days (1 week) to inform us of the problem otherwise our Payment Terms are applicable.
General Payment Terms
First order: COD/PRE-PAID – Payment via Credit card (Visa/Mastercard) or EFT. Credit Application is required for 14 or 30 days credit terms. All non-credit account holders are required to pay for products and services in advance. Spot rates will be used for conversion when processing credit card transactions on foreign currency orders.
Unless otherwise quoted and agreed – all freight costs and duties are payable by the customer. All prices are in $AUD unless otherwise stated. All prices are exclusive of Australian GST or any other Goods & Service Tax applicable by destination Country’s.
Any cancellations or alterations to a purchase order must be received in writing. In the event that an order is cancelled Formero will only agree to a cancellation when a customer accepts accumulated costs incurred; including but not limited to equipment for 3D scanning, design, manufacturing, materials, and labour, transportation and administration costs.
If the Customer fails to carry out its obligation under any contract, makes default in any payment or proposed or an application is presented for the winding up of the Customer or a receiver and or manager is appointed for the property or any part of the property of the Customer, the Customer dies or becomes bankrupt, commits an act of bankruptcy or is presumed by law to be insolvent, or the Customer makes or proposes to make any arrangement with its creditors or execution upon the assets or any part of the assets of the Customer is levied, then Formero may at its option, do any or all of the following without prejudice to any other rights it has and without notice to the Customer:
- Withhold any deliveries of the Goods, whether or not in transit and whether or not agreed to be delivered under the contract;
- Immediately recover possession on any goods and/or resell any goods, title to which is retained pursuant to Title of Goods and terminate performance of the Contract and any other Contracts that Formero has with the Customer.
Payment Terms – Tooling:
50% deposit / 40% at t1 / 10% at approval
Payment Terms – Injection Moulding:
Account Holders 40% Deposit / 50% at T1 and 10% at approval
Non-Account Holders 70% deposit and 30 % at T1
Applicable Law: The law of the State of Victoria, Australia will govern these Conditions and any contract between the Customer and Formero for the supply of Goods. The Customer submits to the non-exclusive jurisdiction of the Courts of that State and all Courts competent to hear appeals from those courts.