Terms and Conditions
For Using the Addimax (Pty) Ltd Website, Additive Manufacturing Services, and Farsoon Equipment Sales
Important Notice: Certain clauses in these Terms and Conditions, such as those limiting our liability or imposing obligations on you, may affect your rights. Please review these terms carefully before engaging with our services.
1. Acceptance of Terms
1.1. By engaging with Addimax for additive manufacturing services, purchasing Farsoon equipment, or using our website, Clients acknowledge that they have read, understood, and agreed to these Terms and Conditions in their entirety. These Terms and Conditions constitute a legally binding agreement between Addimax and its Clients.
2. Orders and Delivery
2.1. Clients must place orders for additive manufacturing services or Farsoon equipment in writing, through a purchase order, online order form, or other method specified by Addimax. Proof of payment following a quotation may also be considered a valid order. Verbal orders are not preferred, and Addimax will not be responsible for errors or misunderstandings arising from verbal orders.
2.2. For online orders, Clients will have the opportunity to review and correct details before final submission, as required by the Electronic Communications and Transactions Act, 2002 (ECTA).
2.3. Addimax reserves the right to accept or commence processing of orders only after receiving full payment or, where applicable, approval for credit terms.
2.4. No changes or cancellations to orders will be accepted without written consent from Addimax. Unauthorized changes or cancellations will render the Client liable for reasonable costs, damages, or losses incurred by Addimax, subject to the Consumer Protection Act, 2008 (CPA).
2.5. Addimax reserves the right to refuse any order for any reason.
2.6. For transactions initiated through direct marketing, Clients have 7 days to cancel the agreement, as per CPA Section 16.
3. CAD Models and Intellectual Property
3.1. For additive manufacturing services, Clients must provide accurate and complete Computer-Aided Design (CAD) models in compatible file formats. By submitting CAD models, Clients confirm they own the necessary intellectual property rights or have obtained explicit authorization from the rightful owner(s) to use the design.
3.2. Addimax will not be liable for any copyright or intellectual property infringement resulting from the use of Client-provided CAD models.
3.3. Addimax is not responsible for design faults, corrupted files, or incorrect models. Costs for faulty prints or reprints due to such issues will be borne by the Client.
3.4. Addimax retains ownership of its proprietary processes, designs, and intellectual property used in providing services or equipment.
4. Lead Time and Delivery
4.1. Addimax aims to complete additive manufacturing orders and deliver parts or Farsoon equipment within 7-10 business days from receipt of CAD models (for manufacturing) or order confirmation (for equipment). This is an estimate, not a guarantee, and delays may occur due to unforeseen circumstances, technical issues, or high demand.
4.2. Addimax will make reasonable efforts to notify Clients of significant delays and expedite the process where possible.
4.3. Delivery times depend on the Client’s location and shipping method. Clients are responsible for providing accurate shipping information, and any additional costs due to incorrect information will be the Client’s responsibility.
5. Payment and Pricing
5.1. Clients agree to pay the total cost for additive manufacturing services or Farsoon equipment as specified in the provided quote. Prices in accepted quotes are binding unless otherwise agreed, in line with CPA Section 23.
5.2. Full payment is required before the manufacturing process or equipment delivery commences, unless the Client is approved for an account/credit purchase.
5.3. For approved credit accounts, payment for goods or services must be made in full within 30 calendar days from the date of invoice.
5.4. All prices are in the currency specified in the quote and are subject to change for future quotes with prior notice.
6. Quality Assurance
6.1. Addimax conducts quality checks on all 3D printed parts and Farsoon equipment before shipping.
6.2. While Addimax strives for high-quality outputs, minor variations in dimensions or surface finish may occur in additive manufacturing due to the nature of the process. Clients accept these inherent limitations.
6.3. Clients may report defects within 6 months of receipt, as per CPA Section 56, for repair, replacement, or refund. Addimax will work with the Client to resolve issues at Addimax’s discretion.
6.4. For substantiated defects, no refunds, credits, or reprints will be issued until the original goods are returned to and received by Addimax. Modifications to defective orders will be treated as new orders and quoted separately, unless required for repair or replacement under CPA Section 56.
7. Warranties and Indemnity
7.1. Addimax provides no express or implied warranties regarding the performance of goods or services, including their suitability for specific uses, except as required by CPA Section 56 for consumer transactions.
7.2. Addimax shall not be liable for direct, indirect, incidental, special, or consequential damages arising from the use or inability to use 3D printed parts, Farsoon equipment, or related services, except where liability for death, injury, or damage caused by defective goods is required under CPA Section 61.
7.3. Clients agree to indemnify and hold Addimax and its employees harmless against claims, damages, losses, or liabilities arising from the Client’s use of the products or services, subject to CPA protections.
7.4. Any advice or opinions provided by Addimax are for the Client’s sole benefit, and Addimax assumes no responsibility for damages resulting from reliance on such advice. Clients agree to indemnify Addimax in such cases, subject to CPA fairness requirements.
7.5. Clients warrant that any materials, intellectual property, or orders provided do not violate domestic or international laws. Clients indemnify Addimax against claims or damages due to breaches of this provision.
7.6. In the event of any liability, Addimax’s total compensation shall not exceed the amount paid by the Client for the specific services or goods related to the claim, except where CPA Section 61 applies.
8. Confidentiality
8.1. Addimax will treat all Client-provided CAD models, design information, and order details as confidential and will not disclose or share such information with third parties without the Client’s prior written consent, in compliance with POPIA.
9. Disclosure of Personal Information
9.1. Addimax reserves the right to collect, store, or process personal information in compliance with the Electronic Communications and Transactions Act, 2002; the Regulation of Interception of Communications and Provision of Communication-Related Information, 2002 (RICA); and the Protection of Personal Information Act, 2013 (POPIA). This data, which may include information about partners, directors, or officers, will be used solely for business purposes.
9.2. Data will be held securely per POPIA and relevant laws. It may be shared with entities within Addimax’s group, designated organizations, or authorities involved in crime prevention or law enforcement, as permitted by law.
10. Domicilium
10.1. The Client designates the address provided in the order form (or delivery address for verbal orders) as its domicilium citandi et executandi for all legal proceedings and notices related to this agreement.
10.2. Addimax chooses as its domicilium citandi et executandi: Building 17a, CSIR, Meiring Naudé Rd, Scientia 627-Jr, Pretoria, 0184.
11. Governing Law and Jurisdiction
11.1. These Terms and Conditions are governed by and construed in accordance with the laws of South Africa, without regard to its conflict of laws principles.
11.2. Any disputes arising from these Terms and Conditions shall be subject to the exclusive jurisdiction of the courts in South Africa.
11.3. By engaging with Addimax’s services or website, Clients confirm they have read, understood, and accepted these Terms and Conditions, which supersede all prior agreements, whether oral or written.