Customer Terms & Conditions

These Customer Terms & Conditions (“Terms”) are a binding agreement between KDP 3D Solutions (“Company”) and the purchaser, customer, or other party requesting services or products (“Customer”). By requesting a quotation, submitting files, issuing a purchase order, authorizing work, or accepting delivery, Customer agrees to be bound by these Terms.

1. Order of Precedence

These Terms govern all quotations, sales, and services unless the Company and Customer execute a separate written agreement signed by authorized representatives of both parties. Any additional or different terms proposed by Customer (including in purchase orders, portals, or emails) are rejected and shall have no effect unless expressly accepted in writing by the Company.

2. Quotations and Acceptance

Quotations are valid for the period stated on the quote or, if not stated, for ten (10) days from issuance. A quotation is not an offer for immediate acceptance unless explicitly stated. Orders are accepted only upon the Company’s written acknowledgment, commencement of performance, or shipment/delivery.

3. Customer Responsibilities

Customer is solely responsible for the accuracy, completeness, and suitability of all drawings, CAD files, specifications, tolerances, materials requirements, end-use requirements, and revision control. Customer warrants that it has all rights necessary to provide such data and to authorize the Company to manufacture items based on it.

4. Engineering Review and Fit/Function

Any design feedback, manufacturability review, or informal guidance is provided as a courtesy and does not transfer design responsibility. Customer retains sole responsibility for fit, function, regulatory compliance, safety, and end-use performance.

5. Specifications, Substitutions, and Process Variation

Additive manufacturing and post-processing inherently involve process variability. Unless explicitly stated in writing, the Company does not guarantee cosmetic appearance, surface finish uniformity, color matching, or exact replication across builds. Material substitutions may occur only with Customer approval when required by availability or technical necessity, unless pre-approved in writing by Customer.

6. Delivery, Lead Time, and Title

Lead times are estimates unless expressly guaranteed in writing. The Company is not liable for delays caused by supply chain constraints, carrier issues, force majeure, Customer changes, or events beyond Company control. Title and risk of loss transfer upon delivery to carrier or Customer pickup, unless otherwise stated in writing.

7. Pricing, Taxes, and Payment

Prices exclude taxes, duties, and shipping unless stated. Payment terms are net as stated on the invoice. Past-due amounts accrue interest at the lesser of 1.5% per month or the maximum permitted by law. Customer shall reimburse reasonable collection costs, including attorneys’ fees.

8. Changes, Revisions, and Cancellation

Customer changes or file revisions after order acceptance may require re-quote and schedule adjustment. Cancellations must be in writing and are subject to charges for work performed, materials ordered, and non-cancellable commitments. Custom work is generally non-refundable.

9. Inspection, Acceptance, and Nonconformance

Customer shall inspect deliveries promptly. Claims for shortages, damage, or nonconformance must be made in writing within five (5) business days of delivery. The Company’s sole obligation, and Customer’s exclusive remedy, is repair, rework, replacement, or refund of the affected items at the Company’s option, provided Customer returns the items as instructed and the claim is validated.

10. Limited Warranty; Disclaimer

The Company warrants only that delivered items will materially conform to mutually agreed written specifications at time of shipment. EXCEPT AS EXPRESSLY STATED, THE COMPANY DISCLAIMS ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

11. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE COMPANY SHALL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES, INCLUDING LOST PROFITS, LOST REVENUE, OR BUSINESS INTERRUPTION, ARISING OUT OF OR RELATED TO ANY ORDER, PRODUCT, OR SERVICE, REGARDLESS OF THEORY OF LIABILITY.

THE COMPANY’S TOTAL AGGREGATE LIABILITY FOR ANY CLAIM SHALL NOT EXCEED THE AMOUNT PAID BY CUSTOMER FOR THE SPECIFIC ORDER OR SERVICE GIVING RISE TO THE CLAIM.

12. Confidentiality

The Company will treat Customer technical data as confidential and restrict access to personnel with a need to know. Customer shall treat Company quotations, pricing, and process details as confidential. If an NDA exists, it governs.

13. Intellectual Property

Customer retains ownership of Customer-provided designs and IP. The Company retains ownership of its know-how, methods, tooling approaches, process parameters, software, templates, and general manufacturing expertise, including any improvements not specific to Customer’s confidential design.

14. Export Control; Restricted End Use

Customer represents and warrants compliance with all applicable export control and sanctions laws, including EAR and ITAR. Customer shall not provide controlled technical data unless specifically agreed in writing. Customer is solely responsible for end-use compliance.

15. Force Majeure

The Company is not liable for failure or delay caused by events beyond reasonable control, including acts of God, labor issues, supply shortages, carrier delays, power outages, cyber incidents, or government actions.

16. Governing Law; Venue

These Terms are governed by the laws of the state in which the Company is organized, without regard to conflicts principles. Exclusive venue shall be in the state or federal courts located in that jurisdiction.

17. Contact

KDP 3D Solutions

Email: sales@kdp3dsolutions.com