Manufacturing Services Terms and Conditions

OzPrint — a trading name of OzDynamics (ABN 50 169 516 795) Website: ozprint.com.au

1. Application of these Terms

1.1 These Manufacturing Services Terms and Conditions ("Manufacturing Terms") apply to all Quotations issued, orders accepted and Services performed by OzDynamics (ABN 50 169 516 795), trading as OzPrint ("OzDynamics", the "Company", "we", "us" or "our").

1.2 By accepting a Quotation, the Customer agrees to be bound by these Manufacturing Terms.

1.3 These Manufacturing Terms are to be read together with the Company's Website Terms and Conditions, Privacy Policy and Intellectual Property Policy. To the extent of any inconsistency concerning the supply of Services or Products, these Manufacturing Terms prevail.

1.4 Capitalised terms not defined in these Manufacturing Terms have the meanings given to them in the Company's Website Terms and Conditions.

2. Manufacturing Process and Accepted Variations

2.1 The Customer acknowledges that additive manufacturing (including FDM and SLA/MSLA resin printing) and CNC machining involve inherent manufacturing variations.

2.2 The Customer acknowledges and accepts that variations may occur in manufactured Products, including:

(a) dimensional tolerances;

(b) surface finish;

(c) colour variation, including variation between batches and between materials;

(d) layer visibility;

(e) support contact marks;

(f) machining and tooling marks; and

(g) material variation.

2.3 Variations of the kind described in clause 2.2 that fall within reasonable industry tolerances for the relevant process and material do not constitute defects.

2.4 Where specific tolerances, finishes or material properties are critical to the Customer's application, those requirements must be identified by the Customer and expressly agreed in writing in the Quotation.

3. Customer Responsibilities

3.1 The Customer warrants that:

(a) all files, drawings and specifications submitted to the Company are accurate and complete;

(b) the Customer is legally authorised to submit those files and to have the relevant items manufactured;

(c) all dimensions have been reviewed by the Customer prior to submission; and

(d) the Customer has considered the intended application of the Products and satisfied itself that the design is suitable for that application.

3.2 Unless the Company is expressly engaged in writing to provide engineering validation or design review services, the Company manufactures Products in accordance with the files and specifications supplied by the Customer, and the Company is not responsible for Customer design errors, including errors in geometry, dimensions, tolerances or material selection.

3.3 The Customer is responsible for ensuring that its use of the Products complies with all laws, standards and regulatory requirements applicable to the Customer's application.

4. Customer Supplied Intellectual Property

4.1 All designs, CAD files, drawings, models, specifications and documents supplied by the Customer ("Customer Materials") remain the property of the Customer.

4.2 The Customer grants the Company a limited, non-exclusive, royalty-free licence to use the Customer Materials for the purposes of:

(a) reviewing files;

(b) preparing Quotations;

(c) manufacturing the requested items;

(d) performing quality control;

(e) archiving files; and

(f) completing repeat orders requested by the Customer.

4.3 The Company does not acquire ownership of any Customer Materials.

4.4 The Company will not sell, licence or otherwise commercially exploit Customer Materials without the Customer's prior written permission.

5. File Retention

5.1 Customer Materials may be retained by the Company indefinitely for:

(a) manufacturing records;

(b) quality assurance;

(c) future repeat orders; and

(d) reference purposes.

5.2 The Customer may request deletion of stored files at any time by contacting the Company at info@ozprint.com.au.

5.3 The Company will make reasonable efforts to comply with deletion requests, unless retention of the relevant files is required for legal, accounting or operational purposes.

5.4 Where Customer Materials contain personal information, that information is also handled in accordance with the Company's Privacy Policy.

6. Confidentiality

6.1 Customer files and technical information are treated by the Company as Confidential Information.

6.2 The Company will not intentionally disclose Customer Confidential Information to third parties, except where disclosure is reasonably necessary for the performance of the Services (for example, to material suppliers or shipping providers), is authorised by the Customer, or is required by law.

6.3 Where no written Non-Disclosure Agreement is in place, the Customer agrees that the Company may use photographs of completed work, manufacturing processes or general project outcomes for:

(a) portfolio purposes;

(b) educational purposes; and

(c) promotional purposes,

provided that confidential technical information and Customer identifying information are not disclosed.

7. Non-Disclosure Agreements

7.1 Where a Customer requires confidentiality protections beyond those set out in these Manufacturing Terms, the parties may enter into a written Non-Disclosure Agreement ("NDA").

7.2 Where an executed NDA is in place, the terms of the NDA override any conflicting confidentiality provisions in these Manufacturing Terms, including clause 6.3.

8. Company-Created CAD Designs

8.1 Where the Company creates original CAD designs, models or drawings ("Company Designs"), copyright and all other Intellectual Property in the Company Designs remains with the Company.

8.2 Upon receipt of full payment for the relevant work, the Customer is granted a perpetual, royalty-free, non-exclusive licence to use the relevant Company Design for its intended purpose, as identified in the Quotation or project brief.

8.3 The Company retains ownership of all:

(a) engineering methods;

(b) manufacturing knowledge;

(c) design processes;

(d) workflows; and

(e) general technical expertise,

developed or applied in the course of providing the Services.

8.4 The Company will not commercially reuse Customer-specific confidential designs.

8.5 Any alternative ownership or assignment arrangement in respect of a Company Design must be agreed in writing between the parties.

9. Deposits and Cancellation

9.1 Projects with a total value exceeding AUD $500 require a 50% upfront deposit before manufacturing commences.

9.2 Deposits become non-refundable once manufacturing has commenced.

9.3 Where the Customer cancels an order after production has begun, the Customer remains responsible for payment in respect of:

(a) work completed up to the date of cancellation;

(b) materials committed or consumed in connection with the order; and

(c) production costs incurred by the Company in connection with the order.

9.4 Nothing in this clause 9 limits any right or remedy available to the Customer under the Australian Consumer Law.

10. Defects, Remedies and Consumer Guarantees

10.1 The Customer must inspect Products promptly upon delivery and must notify the Company of any claimed defect within seven (7) days of delivery, providing a description of the defect and supporting photographs where practicable.

10.2 Subject to the Australian Consumer Law, where a Product is defective as a direct result of the Company's manufacturing process, the Company will, at its discretion:

(a) replace or remanufacture the affected item; or

(b) provide a full refund for the affected item.

10.3 The remedies in clause 10.2 do not apply to:

(a) variations within accepted tolerances as described in clause 2;

(b) defects or failures arising from errors in Customer Materials or from the Customer's design decisions;

(c) damage caused by misuse, modification, improper handling, or use of a Product outside its intended application; or

(d) fair wear and tear.

10.4 Where the Customer acquires goods or services as a "consumer" within the meaning of the Australian Consumer Law, the following statement applies:

Our goods and services come with guarantees that cannot be excluded under the Australian Consumer Law. For major failures with the service, you are entitled: (a) to cancel your service contract with us; and (b) to a refund for the unused portion, or to compensation for its reduced value. You are also entitled to choose a refund or replacement for major failures with goods. If a failure with the goods or a service does not amount to a major failure, you are entitled to have the failure rectified in a reasonable time. If this is not done, you are entitled to a refund for the goods and to cancel the contract for the service and obtain a refund of any unused portion. You are also entitled to be compensated for any other reasonably foreseeable loss or damage from a failure in the goods or service.

10.5 The remedies set out in clause 10.2 are in addition to, and do not limit, any rights or remedies available to the Customer under the Australian Consumer Law.

11. Shipping, Risk and Title

11.1 Risk in the Products transfers to the Customer when the Products are delivered to the shipping provider or carrier nominated for the order.

11.2 To the extent permitted by law, the Company is not responsible for carrier delays, or for loss of or damage to Products occurring after dispatch.

11.3 Title in the Products passes to the Customer upon receipt by the Company of payment in full for the relevant order.

12. Limitation of Use

12.1 Products manufactured by the Company are supplied as prototypes or manufactured components.

12.2 Unless expressly agreed by the Company in writing, Products are not certified, tested or warranted for use in:

(a) medical applications;

(b) aviation applications;

(c) aerospace applications;

(d) life-critical applications; or

(e) safety-critical systems.

12.3 The Customer is solely responsible for all validation, testing, certification and regulatory approval required for the Customer's intended application of the Products.

13. Intellectual Property Warranty and Indemnity

13.1 The Customer warrants that it owns, or holds all necessary rights and permissions in respect of, all materials submitted to the Company, and that the manufacture of the requested items will not infringe the Intellectual Property rights of any third party.

13.2 The Customer indemnifies the Company against all claims, demands, losses, damages, costs and expenses (including reasonable legal costs) arising from or in connection with any actual or alleged infringement of third-party Intellectual Property rights relating to materials submitted by the Customer.

13.3 The Company may decline or suspend any order that it reasonably considers may infringe the rights of a third party or be unlawful.

14. Limitation of Liability

14.1 Nothing in these Manufacturing Terms excludes, restricts or modifies any guarantee, warranty, right or remedy conferred on the Customer by the Australian Consumer Law or any other applicable law that cannot lawfully be excluded, restricted or modified.

14.2 Subject to clause 14.1, and to the maximum extent permitted by law:

(a) the Company's total aggregate liability arising out of or in connection with an order is limited to the amount paid by the Customer for that order; and

(b) the Company is not liable for any indirect or consequential loss, loss of profit, loss of revenue, loss of business opportunity or business interruption.

14.3 Subject to clause 14.1, where legislation permits the Company to limit its liability for breach of a guarantee or warranty, the Company's liability is limited, at its option:

(a) in the case of goods, to the replacement of the goods, the supply of equivalent goods, or the payment of the cost of replacing the goods or of acquiring equivalent goods; and

(b) in the case of services, to the resupply of the services or the payment of the cost of having the services resupplied.

15. Delays and Events Beyond Reasonable Control

15.1 The Company will make reasonable efforts to meet estimated production and delivery timeframes; however, all timeframes are estimates only unless expressly agreed in writing.

15.2 The Company is not liable for any delay or failure to perform caused by events beyond its reasonable control, including supplier delays, material shortages, equipment failure, power or network outages, industrial action or natural events.

16. General

16.1 These Manufacturing Terms may only be varied in respect of a particular order by written agreement between the Company and the Customer.

16.2 If any provision of these Manufacturing Terms is held to be invalid or unenforceable, that provision will be read down or severed to the extent necessary, and the remaining provisions will continue in full force and effect.

17. Governing Law

17.1 These Manufacturing Terms are governed by the laws of Queensland, Australia, and the parties submit to the non-exclusive jurisdiction of the courts of Queensland and the courts of the Commonwealth of Australia.

18. Contact

OzPrint trading as OzDynamics ABN 50 169 516 795 Brisbane, Queensland, Australia Telephone: +61 403 342 220 Email: legal@ozprint.com.au Quotations: quotes@ozprint.com.au Business hours: Monday to Friday, 9:00am to 5:00pm (AEST)