TERMS OF SERVICE AGREEMENT
LAST REVISION: [16-Sept-2022]
PLEASE READ THIS TERMS OF SERVICE AGREEMENT CAREFULLY. BY USING THIS WEBSITE YOU AGREE TO BE BOUND BY ALL OF THE TERMS AND CONDITIONS OF THIS AGREEMENT.
This Terms of Service Agreement (the “Agreement”) governs your use of this website, [www.amuse3d.in] (the “Website”), [Amuse] does not offer of products for purchase on this Website. This Agreement includes, and incorporates by this reference, the policies and guidelines referenced below. [Amuse] reserves the right to change or revise the terms and conditions of this Agreement at any time by posting any changes or a revised Agreement on this Website. [Amuse] will alert you that changes or revisions have been made by indicating on the top of this Agreement the date it was last revised. The changed or revised Agreement will be effective immediately after it is posted on this Website. Your use of the Website following the posting any such changes or of a revised Agreement will constitute your acceptance of any such changes or revisions. [Amuse] encourages you to review this Agreement whenever you visit the Website to make sure that you understand the terms and conditions governing use of the Website. This Agreement does not alter in any way the terms or conditions of any other written agreement you may have with [Amuse] for other products or services. If you do not agree to this Agreement (including any referenced policies or guidelines), please immediately terminate your use of the Website.
We don’t sell any products through website. Some of the policy listed makes more relevant here for people using our instant quote options. Offline RFQs from MSME, Large Enterprise and OEMS who contact Amuse representative directly may find some points irrelevant to you.
Content; Intellectual Property; Third Party Links. This Website also offers information and marketing materials. Unauthorized use of the material may violate copyright, trademark, and/or other laws. You acknowledge that your use of the content on this Website is for personal, noncommercial use. Any links to third-party websites are provided solely as a convenience to you. [Amuse] does not endorse the contents on any such third-party websites. [Amuse] is not responsible for the content of or any damage that may result from your access to or reliance on these third-party websites. If you link to third-party websites, you do so at your own risk.
Use of Website; [Amuse] is not responsible for any damages resulting from use of this website by anyone. You will not use the Website for illegal purposes. You will (1) abide by all applicable local, state, national, and international laws and regulations in your use of the Website (including laws regarding intellectual property), (2) not interfere with or disrupt the use and enjoyment of the Website by other users, (3) not resell material on the Website, (4) not engage, directly or indirectly, in transmission of “spam”, chain letters, junk mail or any other type of unsolicited communication, and (5) not defame, harass, abuse, or disrupt other users of the Website
License. By using this Website, you are granted a limited, non-exclusive, non-transferable right to use the content and materials on the Website in connection with your normal, noncommercial, use of the Website. You may not copy, reproduce, transmit, distribute, or create derivative works of such content or information without express written authorization from [Amuse] or the applicable third party (if third party content is at issue).
Posting. By posting, storing, or transmitting any content on the Website, you hereby grant [Amuse] a perpetual, worldwide, non-exclusive, royalty-free, assignable, right and license to use, copy, display, perform, create derivative works from, distribute, have distributed, transmit and assign such content in any form, in all media now known or hereinafter created, anywhere in the world.
2. DISCLAIMER OF WARRANTIES
Amuse makes no warranty for the services provided:
That information provided on this website is accurate, reliable, complete, or timely.
no advice or information, whether oral or written, obtained by you from this website will create any warranty not expressly stated herein.
as to the results that may be obtained from the use of the products or that defects in products will be corrected.
LIMITATION OF LIABILITY
[Amuse] will not be liable for any direct, indirect, incidental, special or consequential damages in connection with this agreement or the products in any manner, including liabilities resulting from (1) the use or the inability to use the website content or products; (2) the cost of procuring substitute products or content
some jurisdictions do not allow the limitation or exclusion of liability for incidental or consequential damages so some of the above limitations may not apply to you.
AGREEMENT TO BE BOUND
By using this Website, you acknowledge that you have read and agree to be bound by this Agreement and all terms and conditions on this Website.
Force Majeure. [Amuse] will not be deemed in default hereunder or held responsible for any cessation, interruption or delay in the performance of its obligations hereunder due to earthquake, flood, fire, storm, natural disaster, act of God, war, terrorism, armed conflict, labor strike, lockout, or boycott.
Cessation of Operation. [Amuse] may at any time, in its sole discretion and without advance notice to you, cease operation of the Website.
Entire Agreement. This Agreement comprises the entire agreement between you and [Amuse] and supersedes any prior agreements pertaining to the subject matter contained herein.
Effect of Waiver. The failure of [Amuse] to exercise or enforce any right or provision of this Agreement will not constitute a waiver of such right or provision. If any provision of this Agreement is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of this Agreement remain in full force and effect.
Governing Law; Jurisdiction. This Website originates from the Chennai, Tamil Nadu. This Agreement will be governed by the laws of the State of Tamil Nadu without regard to its conflict of law principles to the contrary. Neither you nor [Amuse] will commence or prosecute any suit, proceeding or claim to enforce the provisions of this Agreement, to recover damages for breach of or default of this Agreement, or otherwise arising under or by reason of this Agreement, other than in courts located in State of Tamil Nadu. By using this Website or ordering Products, you consent to the jurisdiction and venue of such courts in connection with any action, suit, proceeding or claim arising under or by reason of this Agreement. You hereby waive any right to trial by jury arising out of this Agreement and any related documents.
Statute of Limitation. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Website or Products or this Agreement must be filed within one (1) year after such claim or cause of action arose or be forever barred.
Waiver of class action rights. by entering into this agreement, you hereby irrevocably waive any right you may have to join claims with those of other in the form of a class action or similar procedural device. any claims arising out of, relating to, or connection with this agreement must be asserted individually.
Termination. [Amuse] reserves the right to terminate your access to the Website if it reasonably believes, in its sole discretion, that you have breached any of the terms and conditions of this Agreement. Following termination, you will not be permitted to use the Website and [Amuse] may, in its sole discretion and without advance notice to you, cancel any outstanding orders for Products. If your access to the Website is terminated, [Amuse] reserves the right to exercise whatever means it deems necessary to prevent unauthorized access of the Website. This Agreement will survive indefinitely unless and until [Amuse] chooses, in its sole discretion and without advance to you, to terminate it.
Domestic Use. [Amuse] makes no representation that the Website or Products are appropriate or available for use in locations outside India. Users who access the Website from outside India do so at their own risk and initiative and must bear all responsibility for compliance with any applicable local laws.
Assignment. You may not assign your rights and obligations under this Agreement to anyone. [Amuse] may assign its rights and obligations under this Agreement in its sole discretion and without advance notice to you.
If Amuse accepts your Request for Quote, we will provide a Quote which will be accessible through your Account on the Site. Each quote includes an estimate of (a) the Fees (as defined below section) to manufacture your Product, the quantity of Products to be produced, the delivery date (“Delivery Date”), the shipping terms, and taxes (“Quote”). Amuse will respond to your Request for Quote by posting in your Account or emailing you (a) a Quote, (b) a notice rejecting the Specifications or request to revise your Request for Quote (i.e., to make an adjustment to your Specifications), or (c) a notice that rejects the Request for Quote or states that Amuse is unable to manufacture your Product. Unless otherwise explicitly stated on the Quote, the Quote expires 30 days after the date of issuance. Amuse will not be deemed to have accepted any Request for Quote or entered any binding commitment with you unless and until Amuse issues a Quote which is accepted by you within the time required, without revision.
5. WORK ORDER
Amuse will not manufacture your Product until you have paid the Fees for us to manufacture the Product. Your acceptance of the Quote automatically creates an order as soon as you have paid the Fees pursuant to the payment terms (“Order”). You are solely responsible for ensuring that you’re upon acceptance of the Quote, Amuse will, subject to the terms herein, manufacture, or have manufactured, Products in accordance with the Specifications. You are solely responsible for ensuring that the Specifications in the Quote and other information you submit in your Order is accurate and complete before paying for it. You may not amend or modify the specifications after you have placed your order or accepted the quote.
6. RETURN AND CANCELLATION OF ORDER
SINCE EACH ORDER IS CUSTOM MANUFACTURED, YOU MAY NOT CANCEL AN ORDER ONCE IT HAS BEEN PLACED. Amuse does not issue any refunds after you have accepted the Quote. If you have not paid the Fees, you are still obligated to pay such Fees in accordance with the payment terms. Amuse reserves the right to cancel your Order, in part or in whole, after it has been issued. Cancellation may be due to (a) a defective file which contains the Specifications, (b) some or all the Product(s) ordered is not manufacturable, as determined by Amuse, (c) that there are no Manufacturing Partners available to fulfill your Order, or (iv) other reasonable reasons, as determined by Amuse. In the event Amuse cancels your entire Order, Amuse will notify you through your Account, and you will be refunded for such cancellation. In the event Amuse cancels your entire Order, Amuse will notify you through your Account, and you will be refunded for such cancellation. In the event Amuse partially cancels your Order, Amuse will notify you through your Account, and you will be refunded for such line-item Product(s) cancellation.
7. CHANGES TO THE ORDER
We reserve the right to alter, modify or change the Specifications in the event we determine that the manufacture of the Product is impossible, economically impracticable, or otherwise is likely to have an adverse impact on the resulting Product. If Amuse makes a request to change the Order or Specifications (“Change Order”), you must use best efforts to accommodate our request. You agree to respond to the Change Order request within one (1) business day of the date of the Change Order request. Otherwise, we will cancel the Order.
8. FEES, PAYMENT TERMS AND TAXES
You agree to pay Amuse the fees and charges set forth in the Quote together with applicable shipping and handling fees (together, the “Fees”). Payment for Orders under these Terms must be made by credit card or debit card before Amuse issues an Order. You hereby (a) authorize Amuse (or its authorized payment processor) to charge the credit/debit card number you provide via the Site, and (b) represent and warrant that you are authorized to use and have Fees charged to the credit/debit card number you provide on the Site. It is your responsibility to keep your payment information up to date. Any additional fees related to the Order, Change Order, shipping and handling fees or any other additional fees incurred after the Order date will be collectively referred to herein as “Fees” and payment terms shall be the same,Customer will pay all invoices in Indian Rupees(INR).
If your payment is not timely received by Amuse, we may (a) stop production and all Services under these Terms until payment, or assurances of payment satisfactory to Amuse, are received, (b) delay shipments, and (c) to the extent that Amuse’s personnel cannot be reassigned to other billable work during such stoppage, or restart costs are incurred, charge you for additional fees before the Services can resume (provided we will use reasonable efforts to notify you of such charges in advance). Interest on any late payments shall accrue at the rate of one percent (1%) per month or partial month during which any sums under any such payment invoices were owed and unpaid, or the highest rate permitted by law, whichever is lower, from the date such amount is due until finally paid.
In the event of a significant change in material costs (i.e., 3% or more) to manufacture the Product after a Quote has been issued, you and Amuse will negotiate in good faith the price increase. If we are not able to agree to a price increase, Amuse shall have the right to cancel your order without liability for any costs, any expenses or any damages incurred as a result of Amuse’s inability to manufacture your Product at the price initially quoted.
All costs, taxes, duties, tariffs, and charges related to fulfilling any Order, shall be paid by you, unless otherwise agreed to by Amuse in writing, including value added taxes, duties, tariffs or other governmental or regulatory charges in any country resulting from the performance of the Services, except for taxes related to Amuse’s income for which Amuse is directly responsible.
9. RETURNS and REFUND
Upon receipt of the delivery of your Product, it is your responsibility to inspect the Product carefully. If you believe the Product does not materially comply with your Specifications (“Defective”), please let us know as soon as possible and obtain a return merchandise authorization (“RMA”) from us. You must return such Product to us within forty-eight (48) hours of the Delivery Date of such Product together with an applicable RMA, we will inspect such Product. If we reasonably believe such Product is Defective, we will either (a) repair or remanufacture the Product and deliver the repaired or remanufactured Product to you at no additional charge, or (b) refund you all payments received for Defective Product. If, however, we reasonably determine that the Product is not Defective, you must reimburse us for any and all costs, fees, and expenses required to inspect such Product.
You are required to accept and pay for High-Risk Products even if such Products do not materially conform with the Specifications. Without the express written approval of the CEO of Amuse, Products are not authorized for use as critical components in life support devices or systems. As used herein: (a) life support devices or systems are devices or systems which, (i) are intended for surgical implant into the body, or (ii) support or sustain life and whose failure to perform can be reasonably expected to result in a significant injury to the user; and, (b) a critical component is any component of a life support device or system whose failure to perform can be reasonably expected to cause the failure of the life support device or system, or to affect its safety or effectiveness.
If you request changes to or remanufacture of a Product that is not Defective or beyond the warranty period, you will reimburse us for any and all costs, fees, and expenses to change or remanufacture the Product, including the any expenses to ship the Product to and from the sub supplier.
General refund period from our online order placement is 5 to 7 working days.
BY USING THIS WEBSITE YOU AGREE TO BE BOUND BY ALL OF THE TERMS AND CONDITIONS OF THIS AGREEMENT.