Terms and Conditions

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Please take a few minutes to review these Terms and Conditions before using the Website. The Website is operated by Tempus 3D Inc. ("Tempus", "we", or "us"). Your use of the Website is conditioned upon your acceptance of and compliance with these Terms and Conditions, the Privacy Policy, and other notices and “click through” agreements that we may establish and post from time to time, all of which are hereby incorporated by reference. By visiting or browsing our Website, or using the Services, you accept, without limitation or qualification, these Terms and Conditions. If you do not agree to these Terms and Conditions, you may not access or use the Website or the Services.

SERVICES

Through the Website you can obtain information about our services, request a quotation through our online quoting tool, place orders for products and receive such other services as we may offer from time to time (collectively the “Services”). Your access to and use of the Website and the Services are subject to the following terms and conditions ("Terms and Conditions") and all applicable laws.
 

QUOTATIONS AND ORDERING

All prices are in Canadian dollars, unless stated otherwise.

Quotations are valid for 30 days unless stated otherwise and are subject to review when any pertinent additional information is submitted, or if order details are changed including the quantity of the order, materials, shipping details or delivery date.

All electronic data regarding quotations will be held on file for 30 days after quotation has been distributed.

All electronic data regarding orders and will be held on file for 60 days after receipt of order.

Delivery estimates are subject to confirmation at time of order. Should the customer request changes to the part once the job has started, charges for additional cost and time may be incurred. Adjustments will be sent to the customer in writing for approval prior to resuming the work.

DATA

The customer is responsible for providing files in the formats identified in the quoting tool and verifying correct and valid data before use in manufacturing. If multiple CAD and or Engineering information formats are provided to define engineering specifications, Tempus may use any of the provided formats for manufacturing and cannot accept responsibility for identifying discrepancies between such formats.

MATERIALS

Tempus assumes no responsibility or liability for the selection of any materials for the goods that are the subject of this transaction. The Buyer is solely responsible for ensuring that materials selected for goods to be manufactured by Tempus meet any regulatory requirements or specifications.

When post-processing is requested, the customer acknowledges that some finishes may not reach interior surfaces of the part.

PAYMENT AND FEES

You agree to pay all fees and any other charges incurred by you (including any applicable taxes) for the Services you have requested through the Website in accordance with the Quote provided through the online ordering tool or through many manual quotes provided by Tempus.

PAYMENT AND INVOICES

All prices are in Canadian dollars unless otherwise specified. All duties, levies and taxes are extra and are the responsibility of the customer, whether such taxes are international, federal, provincial or local. Any forms deemed necessary to waive the collection of any sales tax must be provided to Tempus upon request.

Tempus reserves the right to withhold shipment of parts if an account is in arrears or a credit card has been unable to be processed. All jobs in excess of five thousand may require a deposit to begin work. No third party billing will be accommodated.

Invoices are due 30 days following submission. In addition to any other remedy available to Tempus at law and/or as set out in this Agreement, invoices not paid within 30 days are subject to interest at the rate specified on the invoice on any unpaid sum with interest accruing from the invoice date. If payment is past due, Tempus may suspend performance of the Services and withhold deliverables until all payments due are received.

By providing Tempus with Your credit card number and associated payment information, You agree that Tempus is authorized to immediately invoice your Account for all fees and charges due and payable to Tempus hereunder and that no additional consent or notice is required. You agree to immediately notify Tempus of any change in your billing address or the credit card used for payment hereunder. Tempus reserves the right at any time to change its prices and billing methods, either immediately upon posting notice on the Website or by email delivery to you.

SHIPPING

Quotations issued by Tempus will contain an estimated date of shipment, calculated on the basis of the input data. The term of delivery generated by the online ordering system gives a preliminary indication of time for shipment though does not bind Tempus in any way. The estimated shipment date is based on the working conditions applicable at the time the agreement is concluded and on the punctual delivery of the materials ordered by Tempus for the performance of the work. Should a delay rise for which Tempus is not responsible, as a result of a change in the aforementioned working conditions or because materials ordered in time for the performance of the work are not delivered on time, the shipment date shall be extended as required and Tempus will not liable for such delay. Tempus cannot be held liable for parts damaged in transit. Tempus reserves the right to choose alternate shipping if deemed necessary.

OWNERSHIP

Content
Unless otherwise indicated, the Website and Services together with their design, text, content, and other matters related to the Website and Services ("Content") are protected under applicable copyrights, trademarks and other proprietary (including, but not limited to, intellectual property) laws, and all rights therein are the property of Tempus or third parties who have granted us permission to use their Content. Except as otherwise provided herein, none of the Content may be used, copied, reproduced, distributed, republished, downloaded, modified, reverse engineered, displayed, posted or transmitted in any form or by any means, without our express prior written permission. We grant you permission to lawfully access and use the Website to upload models, display, download, and archive and print, portions of the Website on a temporary basis for your individual use, provided you do not modify the materials and that you retain any and all copyright and other proprietary notices contained in the materials.

Trademarks and Service Marks
All of Tempus' custom graphics, trademarks, service marks and logos appearing on the Website, unless otherwise noted, are service marks, trademarks (whether registered or not) and/or trade dress of Tempus (the "Marks"). All other trademarks, product names, company names, logos, service marks and/or trade dress mentioned, displayed, cited or otherwise indicated on the Website are the property of their respective owners. You are not authorized to display or use the Marks in any manner without our prior written permission. The use or misuse of the Marks or other trademarks, product names, company names, logos, service marks and/or trade dress or any other materials contained herein, except as permitted herein, is expressly prohibited.

Your Models
You represent and warrant that you own or have the right to submit the design, drawing, model or prototype (“Model”) to use through the Website for the purpose of obtaining Services. You hereby grant Tempus a non-exclusive, transferable license to copy, modify, and use each Model that you submit through the Website solely for the purpose of providing the Services you have requested.

In the event that You modify contact information related to a Model, You further agree that you: a) are authorized or have authorized a person to modify contact information; b) have accurately entered all such contact information; c) You are solely responsible for the consequences of any errors in the entry of contact information; and d) You are solely responsible for all use of this website by anyone you designate to have access to such Models, including any changes made to Models.

HYPERLINK DISCLAIMER

The Website may contain links to other websites maintained by Tempus or unrelated third parties. A link to a third party’s website does not mean that we approve, endorse or accept any responsibility for that website, or the use of products and services available through such website. We do not make any representations, or give any warranties, expressed, implied, or otherwise about third party websites.
 

WARRANTIES, LIABILITY, WORKMANSHIP

Design specifications

Tempus assumes no responsibility for the design of the goods that are the subject of this transaction. To the extent that Tempus's personnel recommend design modifications or provide design analysis, simulation or advice, they do so to help meet the requirements of Tempus' own manufacturing process. These recommendations should be reviewed and verified by customer prior to manufacturing. All recommendations do not have guaranteed results but are used as general practice. Customer retains sole legal responsibility for the design specifications and performance of the goods that are the subject of this transaction. Tempus will, to the best of its ability, provide a part representative of the Buyer supplied 3D CAD geometry that conforms to Buyer requested dimensions and tolerances specified on Buyer supplied 2D drawings. This work is done on a "best effort" basis. Tempus is not responsible for incorrect, inaccurate or unaccommodating specifications or desired secondary operations specified by Buyer either verbally or on Buyer supplied 2D drawings.

Warranty period

Tempus represents and warrants for a period of ten (10) business days following the delivery of the Part (the “Warranty Period”), that the Part shall conform to the Specifications for such Part. In the event You notify Tempus during the Warranty Period that the Part fails to comply with the applicable Specifications in all material respects, Tempus will, as Your sole and exclusive remedy, replace such non-conforming Parts at Tempus’s sole cost and expense, provided (i) You return the non-conforming Part(s) to Tempus within three (3) business days of your notice of non-conformance, and (ii) Tempus reasonably confirms such non-conformity. No returns will be accepted by Tempus unless You have notified Tempus within the Warranty Period. If You fail to contact Tempus within the Warranty Period, Tempus shall have no further obligations with respect to such Part and ALL SALES WILL BE DEEMED FINAL AND SUCH PARTS MAY NOT BE RETURNED TO Tempus.

Intellectual Property

Tempus does not assume any liability for intent of use, regulation, license, or misuse of existing intellectual property including patent infringement, copyright or trademark infringement or other legal conditions that are the responsibility of the products originator or financially responsible party.

DISCLAIMERS

Tempus makes no representations or warranties with respect to this website or its contents, including any quotes products or services you receive from this website, which are provided "as is" and on an "as available" basis. We hereby expressly disclaim all warranties, express or implied, including without limitation the implied warranties of title, non-infringement, merchantability, quality and fitness for a particular purpose, with respect to your use of this website including any products or services provided through the site. We do not warrant that this website, its servers or email sent from us will be free of any harmful components (including viruses). We do not provide any representations or warranties against the possibility of deletion, misdelivery or failure to store communications, personalized settings, or other data, including without limitation any models submitted by you when you request a quote.

The information and all other materials on this Website are provided for general information purposes only and do not constitute professional advice. It is your responsibility to evaluate the accuracy and completeness of all information available on the Website or any website with which they are linked.

EXCLUSION OF LIABILITY

to the fullest extent permitted by applicable law, Tempus, and its parent, subsidiaries, employees, agents, suppliers, contractors, successors and assigns, hereby excludes and disclaims liability for any losses and expenses of whatever nature and howsoever arising including, without limitation, any direct, indirect, special, punitive, or consequential damages, loss of use, loss of data, loss caused by a virus, loss of income or profit, loss of or damage to property, claims of third parties, or other losses of any kind or character, even if it has been advised of the possibility of such damages or losses, arising out of or in connection with the use of the website or the services. You assume all responsibility for establishing such procedures for data back up and virus checking as you consider necessary. This limitation of liability applies whether the alleged liability is based on contract, negligence, tort, strict liability or any other basis. If any part of this limitation on liability is found to be invalid or unenforceable for any reason, then our aggregate liability (and any other person or entity whose liability would otherwise have been limited) for liabilities that otherwise would have been limited will not exceed five dollars ($5.00).

YOUR OBLIGATIONS

You represent that you are at least 18 years old. You agree to provide true, accurate, current and complete information about yourself.

You agree to use the Website in a manner consistent with any and all applicable laws, rules, regulations, and these Terms and Conditions. You agree not to upload or transmit through the Website any computer viruses, trojan horses, worms, or anything else designed to interfere with, interrupt or disrupt the normal operating procedures of a computer. 

Your account, including your user name and password, are personal to you and may not be used by anyone else. You are responsible for maintaining the confidentiality of your user name and password and are fully responsible for all activities that occur under your user name or password by you or by anyone else using your user name and password, whether or not authorized by you. You will immediately inform us of any apparent breaches of security such as loss, theft or unauthorized disclosure or use of your username or password (contact us at info@tempus3d.com, or through means listed in the “contact” section of this website) and until we are so notified you will remain liable for any unauthorized use of your account.

Any unauthorized modification, tampering or change of any information, or any interference with the availability of or access to this Website is strictly prohibited. Tempus reserves all rights and remedies available to it. You agree to indemnify, release and hold us harmless as well as our officers, directors, agents, representatives and employees from any claim, liability, loss, expense or demand, including legal fees, related to your violation of these Terms and Conditions and your access to and use of the Website.

MODIFICATIONS

We reserve the right to update or modify these Terms and Conditions at any time, without prior notice, by posting any such revised version of these Terms and Conditions on this Website. Your continued use of the Website after we have posted the revised Terms and Conditions constitutes your agreement to be bound by the revised Terms and Conditions.

MODIFICATION AND DISCONTINUATION

We reserve the right at any time to modify, edit, delete, suspend or discontinue, temporarily or permanently this Website (or any portion thereof) with or without notice. We will not be liable to you or to any third party for any such modification, editing, deletion, suspension or discontinuance of this Website.

GENERAL

These Terms and Conditions, together with our Online Privacy Policy, and all other click through agreements you may enter into, which are expressly incorporated herein, contain the entire understanding between you and us with respect to use of the Website. Our failure to enforce any provision of these Terms and Conditions will not be deemed a waiver of such provision nor of the right to enforce such provision. In the event any provision of these Terms and Conditions is determined to be invalid, such invalidity will not affect the validity of the remaining portions, and the parties will substitute for the invalid provision a provision which most closely approximates the intent and economic effect of the invalid provision. These Terms and Conditions will be governed by and construed under the laws of British Columbia, Canada, without regard to conflict of law principles. The Website is intended to be accessed only by persons in Canada and the United States. Access to, or use of, this Website may be prohibited by law in certain countries or jurisdictions. You are responsible for compliance with any applicable laws of the country from which you are accessing the Website. You hereby consent and waive all objection to the exclusive jurisdiction of the federal and provincial courts in the Province of British Columbia and venue therein to resolve any controversy or claim arising out of or relating to use of the Website.

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Tempus 3D Inc. is a corporation with offices located at 2950 Hwy Drive, Trail BC, Canada, V1R 2T3. If you have any questions, please refer to the contact section of this website. You may also contact us via email at info@tempus3d.com, by phone at 1-778-456-5268, or by mail at PO Box 217, Trail, BC Canada V1R 4L5. 

These Terms and Conditions were last revised March 2021.