1. Order Acceptance

• The Client has read and understands this Contract and agrees that The Client's written acceptance or commencement of any work or services under this Contract shall constitute The Client's acceptance of these terms and conditions only.
• All quotations and requests for quotations will be subject to these conditions.
• All quotations are valid for 15 days from the commencement date.
• All quotations are considered approved upon a signed confirmation by the Client.
• Any alterations, queries, or changes to the specifications after the order is placed must be submitted in writing and the Seller reserves the right to accept or refuse such requests.
• No other terms or conditions referred to by the Client at any stage shall apply.
• The Client acknowledges that work will start on an agreed date after quotation approval.
• The Client acknowledges that he is responsible to provide all information necessary to complete the work.

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2. Delivery and Shipping Policy

• Deliveries shall be made both in quantities and at times specified in The Seller’s quotations. Therefore, those dates mentioned on the quotations are approximates and The Seller will not be liable for any delays that may arise. Anyhow, The Seller reserves the right to deliver in advance of the quoted delivery or completion date. The Seller may change the rate of scheduled shipments or direct temporary suspension of scheduled shipments, neither of which shall entitle The Seller to a modification of the price for goods or services covered by this contract.
• www.3dphotonix.com will NOT deal or provide any services or products to any of OFAC (Office of Foreign Assets Control)sanctions countries.
• Multiple transactions may result in multiple postings to the cardholder’s monthly statement.
• Shipping methods include and not limited to, DHL EXPRESS, ARAMEX, FEDEX.

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3. Program Schedules

• The Seller shall submit a detailed program schedule established in accordance with the Client’s demand. Such program can be updated during the development process to reflect any changes in the timeline and work process.
• The Seller shall mention any delays or changes that may arise during the development process
• On completion of each stage as pre-defined in the timeline, the Seller will send to the Client the relevant information about the next step”.
• The Seller has the right to edit or remove the stages as mentioned without prior notice or acceptance.
• The Client must check each step upon receipt of a ‘pdf’ or other sample document file format of the stage completion versions stated in clause 3 here above, and the Client shall approve it via written form within fifteen (15) days of receiving the Seller’s version.
• The Seller will start the following phase upon receipt of the written acceptance by the Client.
• The Seller will have no further liability following the approval of the Client.

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4. Hardware Expenditure

• The Client is responsible for the total charges and price of the goods and services purchased by the Seller required for the performance of this Contract, and those charges and price include additional taxes, shipment, products’ prices, and any additional fee that might be paid by the Seller.
• The Seller is under no obligation of disclosing to the Client the relevant invoice written under the Seller’s name of these extra costs or fees, however if requested by the Client, the seller will take necessary steps and efforts were deemed possible, to provide with the Client such expenses invoices as provided by the supplier
• The Client will receive an invoice issued under the name of the Seller for any good or services ordered from another company, and the Seller shall invoice the Client for such goods or services.
• The Seller orders the goods or services associated with the work provided after the Client’s approval and signature of the part or service quotation.
• The Seller will provide the client with a table formatted document that will include all the relevant expenditures of the project as they are received
• The Seller will issue the expenditure invoice, depending on the project complexity and duration, at the end of each month or quarter

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5. Payment Policy

• Payment term is chosen by the Client on the order/quotation confirmation form, or on a later stage when specified by the Client in written form
• The Seller shall invoice the Client, and the Client shall pay within five (5) days of receipt of such invoice.
• The Seller is entitled to increase the prices to reflect any increase in the costs or additional charges.
• The prices exclude delivery costs unless otherwise specified on the quotation.
• The price goods or services ordered by the Seller from a third party shall have a separate quotation than the main work quotation. This quotation shall be paid by the Client within three (3) days of receipt.
• If the Client fails to pay on the due date after acceptance of the main quotation, without prejudice to any other right that the Seller may have, the prices of all goods or services that the Client has ordered and of the final product will be due and payable without further demand and the Seller will be entitled to cancel the contract and suspend further work and deliveries.
• Payments shall be made to the Owed Party “Bank Wire Transfer”
• Payments online using Visa and MasterCard credit/debit card in USD/EUR are also available
• Payment confirmations are sent to the client via email, SMS can also be used.
• Payment confirmations are sent to the client within 3 Business Days of payment receipt
• The cardholder must retain a copy of transaction records and Merchant policies and rules.

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6. Refund Policy

• Where any claim the Seller considers valid in accordance to the section 6, the Seller we will be entitled to rework or replace the item returned free of charge or refund the total price of the product or service and we will have no further liability to the Client  
• Refunds will be made onto the original mode of payment and will be processed within 10 to 45 days depends on the issuing bank of the credit card.

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7. Liability

• The Seller will be under no liability to the Client or any third party in respect of any defect in the goods or services ordered relating to the functionality or otherwise arising from the specification and/or any work which has been signed off by the Client.
• The Seller will be under no liability to the death or personal injury arising from the Seller’s negligence.
• Any claim by the Client which is based on the defect or damage of any supplied good or service or its failure to correspond with the signed specification must be notified to the Seller by a written report within seven (7) days from the date of delivery or (where the defect or failure would not appear on a reasonable inspection) within seven (7) days from the date of discovery.
• If the Client fails to notify the Seller within the specified condition above, the Client will not be entitled to reject the items or services supplied and the Seller will be under no liability for such defect and the Client will be bound to pay the price of all services and items supplied
• Where any claim the Seller considers valid in accordance to the section 6, the Seller we will be entitled to rework or replace the item returned free of charge or refund the total price of the product or service and we will have no further liability to the Client  
• In no circumstances will the Seller be liable to the Client for any consequential and/or economic loss.
• The Seller will be under no liability/responsibility of the functionality of the schematic or any other specifications the Client agrees upon.
• The Seller will be under no liability for any damage to equipment that may arise from the use of any goods or services provided under the terms of this Contract.
• Except as otherwise expressly set forth in this section 6 all products are sold on an "as-is," "where is," and "as-available" basis. “3d photonix sarl” agrees to transfer to you, at the time of sale, to the extent transferable, the warranties “3d photonix sarl” receives from manufacturers with respect to the products sold by “3d photonix sarl” to you. Copies of such manufacturers' warranties are available prior to the purchase of products by contacting “3d photonix sarl”.
• In no event shall “3d photonix sarl” be liable to you or to any third party for any indirect, incidental, special, consequential, punitive, or exemplary damages (including without limitation lost profits, lost savings, or loss of business opportunity) arising out of or relating to any product, even if “3d photonix sarl” has been advised of the possibility of such damages. Subject to the foregoing, in no event shall the liability of “3d photonix sarl” relating in any way to any product, assembly service, or value-added service exceed the purchase price for the product (and with respect to assembly services and value-added services, the product to which such service relates), regardless of the legal theory asserted for such liability, whether in contract, tort, warranty or otherwise. You acknowledge that the amounts payable for the products are based in part on these limitations, and you further agree that these limitations shall apply notwithstanding any failure of essential purpose of any limited remedy. Some countries may not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you, but in any event shall apply to the maximum extent allowed by law.

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8. Cancellation

• The Client is not entitled to cancel any order further to the confirmation and acceptance according to clause 3.3 of this Contract. However, if the Seller agrees on canceling, the Client shall indemnify the Seller against any loss and expenses (including loss of profit) which the Seller may incur.

9. Warranty

• All equipment supplied by the Seller are not warranted against defective manufacturing and bad workmanship.
• We provide no warranty for any goods or services we provide or supply unless otherwise specified by our written consent.

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10. Intellectual Property

• Any items in connection of the work undertaken including the board layout will remain the Seller’s property as intellectual, legal, and beneficial owner. The ownership will be transferred to the Client after 30 days of the full payment of the quotation, the goods, and services.
• The Seller’s company’s logo will appear on the final PCB unless otherwise specified by the Client.
• The Client agrees not to edit any part of the goods or services that the Seller provides that have any information pointing to the Seller’s company.
• Upon each stage, the Client will only receive a (.pdf) or any other secure file type as a preview of the work stage and the final detailed files (including any other file types) will be sent 30 days after the work is considered completed and the invoice paid (including the price of all other goods or service provided).
• The Seller has the right to post pictures of the work undertaken on their website, social media, or any other marketing platform, unless otherwise specified by the Client in written form.
• The Client agrees that any intellectual rights infringement that may arise from any work or service that the Seller provides falls under the Client’s responsibility.

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11. No Advertising or Posting of the Seller's Information

• The Client shall not, without first obtaining the written consent of the Seller, in any manner a) advertise or publish the fact that Seller has contracted to furnish the Client the goods or services covered by this contract, b) use any trademarks or trade names of the Client in the Seller’s advertising or promotional materials, or c) use the Seller’s information in any form of electronic communication such as web sites (internal or external), blogs, or other types of postings.

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12. Force Majeure

• Any delay or failure of either party to perform its obligations shall be excused if the Seller is unable to produce, sell or deliver, or Client is unable to accept delivery, buy or use, the goods or services covered by this contract, as the result of an event or occurrence beyond the reasonable control of the party and without its fault or negligence, including, but not limited to, acts of God, actions by any governmental authority (whether valid or invalid), fires, floods, windstorms, explosions, riots, natural disasters, wars, sabotage, labor problems (including lockouts, strikes and slowdowns), inability to obtain power, material, labor equipment or transportation, or court injunction or order; provided that written notice of such delay (including the anticipated duration of the delay) shall be given by the affected party to the other party as soon as possible after the event or occurrence (but in no event more than thirty (30) days thereafter).

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13. No Implied Waiver

• The failure of either party at any time to require performance by the other party of any provision of this contract shall in no way affect the right to require such performance at any time thereafter, nor shall the waiver of either party of a breach of any provision of this contract constitute a waiver of any succeeding breach of the same or any other provision.

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14. Relationship of Parties

• The Parties are independent parties and nothing in this contract shall make either party the agent or legal representative of the other for any purpose whatsoever, nor does it grant either party any authority to assume or to create any obligation on behalf of or in the name of the other.

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15. Changes to the Terms of Use

• “3d photonix sarl” reserves the right to change the terms of these Terms of Use without notice. Such changes may include, but are not limited to, the charges, if any, associated with the access and use of the Site. You are responsible for reviewing these Terms of Use prior to accessing, visiting, browsing, using, or interacting or attempting to interact with any part of the Site or any software, program or Services on the Site, and your continued use of the Site, its Services, or its Content after any modification to these Terms of Use acknowledges your agreement to the then current Terms of Use. If a change or update is made to these Terms of Use, the "Date of Last Modification" will be updated accordingly. As part of the registration process to become a registered user of certain functionality on the Site, as a default, you elect to receive e-mails that “3d photonix sarl” may in its discretion send notifying you of changes to these Terms of Use and/or other “3d photonix sarl” policies. You may elect not to receive these e-mails by opting out of this default. Notwithstanding any provision of these Terms of Use to the contrary, “3d photonix sarl” may make changes to these Terms of Use in its sole discretion and such changes shall be binding on you and “3d photonix sarl”.

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16. Privacy Policy

• All credit/debit cards’ details and personally identifiable information will NOT be stored, sold, shared, rented or leased to any third parties.
• If you make a payment for our products or services on our website, the details you are asked to submit will be provided directly to our payment provider via a secured connection
• Merchant will not pass any debit/credit card details to third parties.
• Merchant takes appropriate steps to ensure data privacy and security including through various hardware and software methodologies. However, www.3dphotonix.com cannot guarantee the security of any information that is disclosed online.
• The merchant is not responsible for the privacy policies of websites to which it links. If you provide any information to such third parties different rules regarding the collection and use of your personal information may apply. You should contact these entities directly if you have any questions about their use of the information that they collect.
• Some of the advertisements you see on the Site are selected and delivered by third parties, such as ad networks, advertising agencies, advertisers, and audience segment providers. These third parties may collect information about you and your online activities, either on the Site or on other websites, through cookies, web beacons, and other technologies to understand your interests and deliver to your advertisements that are tailored to your interests. Please remember that we do not have access to, or control over, the information these third parties may collect. The information practices of these third parties are not covered by this privacy policy. Kindly remove any other statements that contradicts with the above statements.
• User is responsible for maintaining the confidentiality of his account.

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17. Export Compliance

• All orders of international origin or destination are subject to export control laws, restrictions, regulations, and orders of the United States. You agree to comply with all applicable export control laws, restrictions, regulations and orders of the United States or applicable foreign jurisdictions, agencies or authorities, including, without limitation, the Export Administration Regulations administered by the Bureau of Industry and Security, the U.S. Department of Commerce, the Foreign Trade Regulations administered by the Census Bureau, the U.S. Department of Treasury, and the sanctions and regulations administered by the Office of Foreign Assets Control. You shall not, directly, or indirectly, sell, export, transfer, transship, assign, use, or dispose of Products in a manner which may result in any non-compliance with applicable export control laws, restrictions, regulations, and orders of the United States or applicable foreign jurisdictions, agencies, or authorities. You are responsible for obtaining any license or other official authorizations that may be required to export, re-export or import Products, including, without limitation, any required license or applicable license exception necessary to, directly or indirectly, export, re-export, import, or cause to be exported, re-exported, or imported, Products to any country, individual, corporation, organization, or entity to which such export, re-export, or import is restricted or prohibited under applicable U.S. export control or sanctions laws and regulations (including, but not limited to, any of the foregoing under sanctions or embargoes administered by the United Nations, the U.S. Department of State, the U.S. Department of Treasury, the U.S. Department of Commerce, the European Union, or any other applicable government authority).

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18. General Provisions

• User is responsible for maintaining the confidentiality of his account.
• Customer using the website who are Minor /under the age of 18 shall not register as a User of the website and shall not transact on or use the website.
• The Website Policies and Terms & Conditions may be changed or updated occasionally to meet the requirements and standards. Therefore, the Customers are encouraged to frequently visit these sections to be updated about the changes on the website. Modifications will be effective on the day they are posted.

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19. Governing Law, Jurisdiction

• The law applicable to this Contract may vary depending on the jurisdiction specified in the invoice issued, the legal jurisdiction for any disputes or legal matters will be determined by the jurisdiction stated in the respective invoice.
• It is important to carefully review the invoice and associated terms and conditions to understand the applicable governing law and jurisdiction for the specific transaction or agreement.

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