Terms and Conditions
Of Origin8 Manufacturing
1. THESE TERMS
1.1 What these terms cover. These are the terms and conditions on which we supply products to you.
1.2 Why you should read them. Please read these terms carefully before you submit your order to us. These terms tell you who we are, how we will provide products to you, how you and we may change or end the contract, what to do if there is a problem and other important information. If you think that there is a mistake in these terms, please contact us to discuss.
1.3 We only sell products to business customers: are you a business customer or a consumer? You are a consumer if: (a) you are an individual; and (b) you are buying products from us wholly or mainly for your personal use (not for use in connection with your trade, business, craft or profession). If you are not a consumer, you are a business customer and may order products from us.
1.4 This is our entire agreement with you. These terms constitute the entire agreement between us in relation to your purchase. You acknowledge that you have not relied on any statement, promise, representation, assurance or warranty made or given by or on behalf of us which is not set out in these terms.
2. INFORMATION ABOUT US AND HOW TO CONTACT US
2.1 Who we are. We are Origin8 Group Limited, trading as Origin8 Manufacturing, a company registered in England and Wales. Our company registration number is 11543991 and our registered office is at Unit 9, West Vinnetrow Business Centre, Vinnetrow Road, Runcton, Chichester PO20 1QH.
2.2 What we do. We operate the website www.origin8manufacturing.co.uk (our site) which allows you to place orders for the supply of 3D printed, CNC Machined and sheet-metal parts. For 3D printed parts, we may process and manufacture your order using our in-house facilities or send it to a specialist supplier for manufacture. For CNC Machined and Sheet-metal parts, we will outsource manufacture to specialist suppliers only.
2.3 How to contact us. You can contact us by telephoning 01903 357055 or by writing to us at email@example.com or the address given in paragraph 2.1.
2.4 How we may contact you. If we have to contact you we will do so by telephone or by writing to you at the email address or postal address you provided to us in your order.
2.5 “Writing” includes emails. When we use the words “writing” or “written” in these terms, this includes emails.
3. ORDERS AND OUR CONTRACT WITH YOU
3.1 How to place an order.
3.1.1 3D printed products.
(a) You upload a 3D Computer Aided Design (CAD) model to our site and select required material/colour for that product – see paragraph 4 for further information about files and specifications.
(b) Our site will display the cost of the product and you can then click on ‘Add to Cart’, whilst adding other products as required.
(c) You can then click on the cart and make payment using Paypal.
(d) If we accept your order – see paragraph 3.3 – we will manufacture or arrange for manufacture of the product and then ship to you. If we don’t accept your order we will refund any sums you have paid for the relevant product.
3.1.2 CNC-Machined or Sheet Metal Products
(a) You select the ‘Request a quote’ button and complete all required details for the product requiring manufacture (including uploading drawings and models which detail the geometry of the part) – see paragraph 4 for further information about files and specifications.
(b) We will review your submission and send it to our supplier network for quotation.
(c) Once all quotations are received from our supplier network, we will choose the one we consider most appropriate and email you that quotation.
(d) If you wish to proceed with the quotation, you must contact us to let us know you wish to place an order. We will send an order acknowledgment and request you pay the amount specified in it.
(e) When your payment is received, we let you know if your order is accepted and, if it is, we will arrange for manufacture of your product from our chosen supplier, and that supplier will ship the product directly to you. If we don’t accept your order, we will refund any sums you have paid for the relevant product.
3.2 Nature of your order. Your order constitutes an offer by you to purchase the products in accordance with these terms. You are responsible for ensuring that the terms of your order and your specification for the product are complete and accurate.
3.3 How we will accept your order. Our acceptance of your order will take place when we email you to accept it, at which point a contract will come into existence between you and us.
3.4 If we cannot accept your order. If we are unable to accept your order, we will inform you of this and will not charge you for the product. This might be because the product is out of stock, because of unexpected limits on our resources which we could not reasonably plan for, because a credit reference we have obtained for you does not meet our minimum requirements, because we have identified an error in the price or description of the product or because we are unable to meet a delivery deadline you have specified.
3.5 Your order number. We will assign an order number to your order and tell you what it is when we accept your order. It will help us if you can tell us the order number whenever you contact us about your order.
3.6 No other terms apply. These terms apply to the contract between you and us to the exclusion of any other terms that you seek to impose or incorporate, or which are implied by law, trade custom, practice or course of dealing.
3.7 Marketing materials. Any samples, descriptive matter or advertising produced by us and any descriptions contained on our website or in our brochures are produced for the sole purpose of giving an approximate idea of the products we supply. They shall not form part of the contract nor have any contractual force.
3.8 Quotations. Any quotation given by us shall not constitute an offer. A quotation shall only be valid for a period of five days from its date of issue, and we may amend it any time due to exchange rate fluctuation and/or changes in raw materials’ costs.
3.9 We only sell to UK customers. We only accept orders from and ship to addresses within the UK.
4. THE PRODUCTS AND THEIR SPECIFICATIONS
4.1 Make sure your measurements and other specifications are accurate. As we are making the product to measurements and specifications you have given us, you are responsible for ensuring that these measurements and specifications are correct.
4.2 CAD files take priority. Where we ask you to supply both CAD and .pdf files for your product, the product will be made to the specification as set out in the CAD file unless we have agreed otherwise. We are not responsible for any discrepancy between CAD and .pdf files, and in the event of any such discrepancy the product will be made to the specification as set out in the 3D CAD file to avoid production delays.
4.3 CAD file format. You are responsible for ensuring that the format of the CAD file containing the part you require, is a single body file and not a multi-body file or an assembly file. We do not accept any liability where parts have been incorrectly produced as the result of a multi-body file. We will not, in any circumstances, make any refunds in respect of orders for which you have provided a multi-body file and where production has begun.
4.4 Engineering drawings. We will work from engineering drawings unless otherwise stated on the quote.
4.5 Tolerances. Where tolerances are marked on drawings they will always be met prior to any secondary finishing processes, such as bead blasting, anodising and any other post initial production process treatments. Therefore, you must make allowances for secondary processes when designing the product (or any part of it) to accommodate any additional processes you may require.
4.6 Metric units & files for sheet metal products. You must use metric scale and units (mm) when transferring or uploading product (or part product) designs to our platform. When transferring or uploading 2D files for sheet metal products, you must provide the drawings in flat pattern 1:1 DXF format only as this is what a manufacturer will use to make the product (or parts of it).
5. YOUR OBLIGATIONS
5.1 You must have the right to upload design files. If you upload or email design files you warrant that the use by us and our manufacturers of such designs (or any products made to those designs) will not infringe any third party rights. You shall indemnify us against all liabilities, costs, expenses, damages and losses (including any direct, indirect or consequential losses, loss of profit, loss of reputation and all interest, penalties and legal and other reasonable professional costs and expenses) suffered or incurred by us in connection with any claim made against us for actual or alleged infringement of a third party’s rights (including its intellectual property rights) arising out of or in connection with our use of a specification provided by you. This paragraph 5.1 shall survive termination of the contract.
5.2 You must not deal directly with our suppliers. If we provide you with a quote (sourced from our suppliers) or arrange for the supply products through of our suppliers, you must not deal or attempt to deal directly with the relevant supplier for a period of one year from the date of the applicable quote or delivery. If you do have any such dealings, we may claim reasonable compensation for any losses suffered by us as a result of your breach.
5.3 Viruses. You must not misuse our site or systems by knowingly introducing viruses, trojans, worms, logic bombs or other material that is malicious or technologically harmful.
6.1 Confidential Information. You and we each acknowledge that, in performing our respective obligations under the contract, we and you may have access to the other’s confidential information. Confidential information includes information about the other’s business, affair, customers, clients or supplier. To be clear, our confidential information includes any quote or details of our suppliers we provide to you, and we acknowledge your confidential information includes information about your product and the related design files and specifications. Paragraph 6.2 details the information which is not considered confidential information for the purposes of this paragraph 6.
6.2 Exclusions to Confidential Information. Confidential information does not include information that:
6.2.1 is or becomes publicly known other than through any act or omission of the party receiving the information;
6.2.2 was in the other party’s lawful possession before the disclosure;
6.2.3 is lawfully disclosed to the party receiving the information by a third party without restriction on disclosure; or
6.2.4 is independently developed by the party receiving the information.
6.3 Protecting Confidential Information. You and we each undertake not at any time to disclose to any person any confidential information belonging to the other, except as permitted under paragraph 6.4.
6.4 Permitted Disclosure. You and we may disclose the other’s confidential information:
6.4.1 to those employees, officers, representatives, suppliers, contractors, subcontractors or advisers who need to know such information for the purposes of exercising the receiving party’s rights or carrying out its obligations under or in connection with this agreement. In such circumstances, the party disclosing the other’s confidential information shall ensure that its employees, officers, representatives, suppliers, contractors, subcontractors or advisers to whom it discloses the other’s confidential information comply with this paragraph 6; and
6.4.2 as may be required by law, a court of competent jurisdiction or any governmental or regulatory authority.
6.5 Use of confidential information. Neither you nor we shall use any of the other’s confidential information for any purpose other than to exercise our respective rights and perform our respective obligations under or in connection with the contract.
6.6 Ownership and Limited Licence. We acknowledge that you retain all of your ownership rights in your confidential information, but by uploading or emailing us design files (and related specifications) you grant us and our suppliers a limited, royalty-free licence to use, store and copy such files (and specifications) and to distribute and make them available to third parties for the purpose of obtaining quotes and fulfilling any orders placed by you, and for our own in-house data analysis in order to build and improve our services.
6.7 Loss or Destruction of Confidential Information. Neither you nor we shall be responsible for any loss, destruction, alteration or disclosure of confidential information caused by any third party.
7. YOUR RIGHTS TO MAKE CHANGES
If you wish to make a change to the product you have ordered please contact us. We will let you know if the change is possible. If it is possible we will let you know about any changes to the price of the product, the timing of supply or anything else which would be necessary as a result of your requested change and ask you to confirm whether you wish to go ahead with the change.
8. PROVIDING THE PRODUCTS
8.1 Delivery costs. The costs of delivery will be as displayed to you on our website during the order process.
8.2 When we will provide the products. We will contact you with an estimated delivery date. Delivery will be within 30 days after the day on which we accept your order.
8.3 We are not responsible for delays outside our control. If our supply of the products is delayed by an event outside our control then we will contact you as soon as possible to let you know and we will take steps to minimise the effect of the delay. Provided we do this we will not be liable for delays caused by the event, and the time for performance of our obligations under the contract will be extended for the duration of that event. Where the event affects delivery of products to you, we will arrange a new delivery date with you after it is over.
8.4 Collection by you. If you have asked to collect the products from our premises, you can collect them from us at any time during our working hours of 9am to 5pm on weekdays (excluding public holidays).
8.5 If you are not there when the product is delivered. If no one is available at your address to take delivery and the products cannot be posted through your letterbox, we (or the courier) will leave you a note informing you of how to rearrange delivery or collect the products from a local depot.
8.6 If you do not re-arrange delivery. If you do not collect the products from us as arranged or if, after a failed delivery to you, you do not re-arrange delivery or collect them from a delivery depot we (or the courier) will contact you for further instructions and may charge you for storage costs and any further delivery costs. If, despite our reasonable efforts, we are unable to contact you or re-arrange delivery or collection we may end the contract and paragraph 9.2 will apply.
8.7 When you become responsible for the product. A product will be your responsibility from the time we deliver the product to the address you gave us or you or a carrier organised by you collect it from us.
8.8 When you own products. You own a product once we have received payment in full and either delivered it to you or told you it is available for collection.
8.9 What will happen if you do not give required information to us. We may need certain information from you so that we can supply the products to you, for example, the correct type of CAD file. We will contact you to ask for this information, if you have not provided it. If you do not give us this information within a reasonable time of us asking for it, or if you give us incomplete or incorrect information, we may either end the contract (and paragraph 9.2 will apply) or make an additional charge of a reasonable sum to compensate us for any extra work that is required as a result. We will not be responsible for supplying the products late or not supplying any part of them if this is caused by you not giving us the information we need within a reasonable time of us asking for it.
8.10 Reasons we may suspend the supply of products to you. We may have to suspend the supply of a product to:
8.10.1 deal with technical problems or make minor technical changes;
8.10.2 make changes to the product as requested by you or notified by us to you (see paragraph 7).
9. OUR RIGHTS TO END THE CONTRACT
9.1 We may end the contract if you break it. We may end the contract for a product at any time by writing to you if:
9.1.1 you do not make any payment to us when it is due and you still do not make payment within 5 days of us reminding you that payment is due;
9.1.2 you do not, within a reasonable time of us asking for it, provide us with information that is necessary for us to provide the products, for example, the specification in the required file format;
9.1.3 you commit a material breach of any term of the contract and (if such a breach is remediable) fail to remedy that breach within 30 days of you being notified in writing to do so;
9.1.4 you take any step or action in connection with you entering administration, provisional liquidation or any composition or arrangement with your creditors (other than in relation to a solvent restructuring), being wound up (whether voluntarily or by order of the court, unless for the purpose of a solvent restructuring), having a receiver appointed to any of your assets or ceasing to carry on business or, if the step or action is taken in another jurisdiction, in connection with any analogous procedure in the relevant jurisdiction;
9.1.5 you suspend, threaten to suspend, cease or threaten to cease to carry on all or a substantial part of your business;
9.1.6 your financial position deteriorates to such an extent that in our opinion your capability to adequately fulfil your obligations under the contract has been placed in jeopardy; or
9.1.7 you do not, within a reasonable time, allow us to deliver the products to you or collect them from us.
9.2 You must compensate us if you break the contract. If we end the contract in the situations set out in paragraph 9.1 we will refund any money you have paid in advance for products we have not provided but we may deduct or charge you reasonable compensation for the net costs we will incur as a result of your breaking the contract.
10. IF THERE IS A PROBLEM WITH THE PRODUCT
How to tell us about problems. If you have any questions or complaints about the product, please contact us. You can telephone us on 01903 357055 or write to us at firstname.lastname@example.org or the address given in paragraph 2.1.
11. YOUR RIGHTS IN RESPECT OF DEFECTIVE PRODUCTS
11.1 Our warranty. We warrant that on delivery the product shall:
11.1.1 conform in all material respects with your specification and drawings; and
11.1.2 be free from material defects in design, material and workmanship.
11.2 If there’s a problem. Subject to paragraph 11.3, if:
11.2.1 you give notice in writing to us within three days of delivery (not including weekends or bank holidays) that a product (or part of it) does not comply with the warranty set out in paragraph 11.1;
11.2.2 you give us a reasonable opportunity of examining such product (or part); and
11.2.3 you (if asked to do so by us) return such product (or part) to our place of business at your cost,
we shall, at our option, repair or replace the defective product (or part).
11.3 Exclusions to our warranty. We shall not be liable for the product’s failure to comply with the warranty set out in paragraph 11.1 in any of the following events:
11.3.1 you make any further use of such product after giving notice in accordance with paragraph 11.2;
11.3.2 the defect arises as a result of us following any drawing, design or specification supplied by you
11.3.3 you alter or repair such product without our written consent; or
11.3.4 the defect arises as a result of fair wear and tear, wilful damage, negligence, or abnormal storage or working conditions.
11.4 Further exclusions.
11.4.1 We make no warranty or representation that the products will: meet your requirements, be fit for any particular purpose or be of satisfactory quality other than as set out in paragraph 11.1.
11.4.2 Except as provided in this paragraph 11, we shall have no liability to you in respect of the product’s failure to comply with the warranty set out in paragraph 11.1.
11.4.3 The terms implied by sections 13 to 15 of the Sale of Goods Act 1979 and sections 3 to 5 of the Supply of Goods and Services Act 1982 are, to the fullest extent permitted by law, excluded from the contract.
11.5 Warranty for repaired or replacement products. These terms shall apply to any repaired or replacement products supplied by us.
12. PRICE AND PAYMENT
12.1 Where to find the price for the product. The price of the product will be the price indicated on the order pages when you placed your order. We take all reasonable care to ensure that the price of the product advised to you is correct. However please see paragraph 12.4 for what happens if we discover an error in the price of the product you order.
12.2 What’s excluded from the product price. The price of the product excludes: (a) amounts in respect of value added tax (VAT), which you shall additionally be liable to pay to us at the prevailing rate, subject to the receipt of a valid VAT invoice; and (b) the costs and charges of packaging, insurance and transport of the products, which shall be invoiced to you.
12.3 We will pass on changes in the rate of VAT. If the rate of VAT changes between your order date and the date we supply the product, we will adjust the rate of VAT that you pay, unless you have already paid for the product in full before the change in the rate of VAT takes effect.
12.4 What happens if we got the price wrong. It is always possible that, despite our best efforts, some of the products we sell may be incorrectly priced. We will normally check prices before accepting your order so that, where the product’s correct price at your order date is less than our stated price at your order date, we will charge the lower amount. If the product’s correct price at your order date is higher than the price stated to you, we will contact you for your instructions before we accept your order. If we accept and process your order where a pricing error is obvious and unmistakeable and could reasonably have been recognised by you as a mispricing, we may end the contract, refund you any sums you have paid and require the return of any products provided to you.
12.5 When you must pay and how you must pay. We accept payment by PayPal or by credit or debit card using our PayPal payment gateway. You must pay for the products and delivery costs before we (or our suppliers) commence manufacture and dispatch them.
12.6 Our right of set-off. You must pay all amounts due to us under these terms in full without any set-off, counterclaim, deduction or withholding (other than any deduction or withholding of tax as required by law).
12.7 We can charge interest if you pay late. If you do not make any payment to us by the due date we may charge interest to you on the overdue amount at the rate of 2% a year above the base lending rate of Lloyds Bank plc from time to time. This interest shall accrue on a daily basis from the due date until the date of actual payment of the overdue amount, whether before or after judgment. You must pay us interest together with any overdue amount.
12.8 What to do if you think an invoice is wrong. If you think an invoice is wrong please contact us promptly to let us know. You will not have to pay any interest until the dispute is resolved. Once the dispute is resolved we will charge you interest on correctly invoiced sums from the original due date.
13. OUR RESPONSIBILITY FOR LOSS OR DAMAGE SUFFERED BY YOU
PLEASE READ THIS PARAGRAPH CAREFULLY AS IT CONTAINS PROVISIONS RELATING TO THE LIMITATION OF OUR LIABILITY TO YOU.
13.1 Nothing in these terms shall limit or exclude our liability for:
13.1.1 death or personal injury caused by our negligence, or the negligence of our employees, agents or subcontractors (as applicable);
13.1.2 fraud or fraudulent misrepresentation;
13.1.3 breach of the terms implied by section 12 of the Sale of Goods Act 1979 or section 2 of the Supply of Goods and Services Act 1982; or
13.1.4 any matter in respect of which it would be unlawful for us to exclude or restrict liability.
13.2 Subject to paragraph 13.1:
13.2.1 we shall not be liable to you, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, for any loss of profit, loss of business opportunity, loss of anticipated savings, loss of goodwill, or any indirect or consequential loss arising under or in connection with any contract between us; and
13.2.2 our total liability to you for all other losses arising under or in connection with any contract between us, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall be limited to the total sums paid by you for products under such contract.
14. HOW WE MAY USE YOUR PERSONAL INFORMATION
14.2 Our right to disclose your identity. We have the right to disclose your identity to any third party who is claiming that any specification posted or uploaded by you to our site constitutes an infringement of their intellectual property rights.
15. OTHER IMPORTANT TERMS
15.1 We may transfer this Agreement to someone else. We may transfer our rights and obligations under these terms to another organisation.
15.2 You need our consent to transfer your rights to someone else (except that you can always transfer our guarantee). You may only transfer your rights or your obligations under these terms to another person if we agree to this in writing.
15.3 Nobody else has any rights under this contract. This contract is between you and us. No other person shall have any rights to enforce any of its terms.
15.4 If a court finds part of this contract illegal, the rest will continue in force. Each of the paragraphs of these terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.
15.5 Even if we delay in enforcing this contract, we can still enforce it later. If we do not insist immediately that you do anything you are required to do under these terms, or if we delay in taking steps against you in respect of your breaking this contract, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date. For example, if you miss a payment and we do not chase you but we continue to provide the products, we can still require you to make the payment at a later date.
15.6 Which laws apply to this contract and where you may bring legal proceedings. Any dispute or claim arising out of or in connection with a contract between us or its subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the law of England and Wales and the courts of England and Wales shall have exclusive jurisdiction to settle any such dispute or claim.