Terms and Conditions
A quotation is valid for a period of 45 days from the date quoted, unless ICOMold informs the customer within this period, but prior to placing an order, that the quote is void. If the quote is voided, ICOMold reserves the right to issue a revised quote or decline to quote. It is the responsibility of the customer to alert ICOMold to all design changes that have been made after the quoted design state. Acceptance of an order without such notification does not prevent ICOMold from changing the price for the order.
It is at ICOMold’s discretion whether to accept, re-quote or decline an order with design changes. If ICOMold deems necessary, the original quote will be voided and ICOMold will issue a new quote for the revised part design, or will decline to quote. Any feature such as inserts, over-molding, texturing, text, etc., or material not clearly identified in the customer’s request for quote, and not specifically stated on the quote, is not included in the quoted price.
Furthermore, a part may be quoted with the assumption that design flaws that are not conducive to injection molding will be corrected prior to mold design. If moldability flaws are present and identified at any point in processing the order, the customer will be informed. If the customer agrees, the design changes will be made, otherwise the order will be voided and the prorated down payment will be returned. ICOMold will provide design change recommendations when the customer design is not conducive to industry standard and/or ICOMold molding techniques. The tooling and part quote is based on the part size and weight listed in the quote. The customer is responsible for verification of the parts listed in the quote conforming with the customer’s part design.
Pricing & Payment Terms
All prices are quoted and payments shall be made in U.S. dollars. Terms are 50% down payment for tooling and any parts ordered on the initial purchase order (if applicable), and 50% upon sample acceptance. Five samples will be provided to the customer for review and tooling acceptance. Customer shall have a period of 5 business days from receipt of parts for sample approval. If ICOMold is not notified within this time period of nonconformance to the model, customer acknowledges approval and payment becomes due. Parts payment terms are prepaid with order. Accepted payment methods are wire transfer, ACH, check, and credit and debit cards through PayPal including MasterCard, Visa, American Express and Discover. There is a 2.98% processing fee for credit card payments through PayPal. Terms may be modified for established customers in good standing and approved credit.
All tooling is based on the customer-supplied 3D CAD data which supersedes any conflict with 2D dimensional or geometric data. First Article quality reports on five samples for the customer-indicated critical dimensions are provided at no charge. Full dimensional layouts, CMM reports, or a higher number of samples will be quoted as needed. Any additional samples provided are at the customer’s risk, as the purpose of the initial five samples is for approving tooling and parts, and additional samples cannot be returned for any reason.
Tooling associated with producing the customer’s parts, as well as the mold frames, remain the property of the customer until discarded. ICOMold will maintain and store the customer’s tooling at no cost for a period of two years of inactivity. After two years of inactivity, we will automatically send an invoice to the customer’s last known address on file for $360 per year (prepaid) for maintenance/storage. The customer will have 30 days to pay the invoice or place a new order for parts. If the customer fails to pay the storage fee or place a new order for parts, ICOMold reserves the right to discard the mold tooling. All tooling will only be used to make parts for the original customer or their authorized associate during the period.
Due to the dynamic nature of the injection molding process and the instable nature of plastic, part tolerance accuracies will be attempted, but are not guaranteed. Once the shrink rate is added, molds are cut to standard tolerances of +/- 0.005”. Standard tolerances for CNC machined parts are +/- 0.005” for plastic parts and +/- 0.002” for metal parts. Tighter tolerances may be requested and additional charges may apply.
Part Design Iterations
ICOMold will modify tooling to support design changes at a quoted rate. ICOMold reserves the right to determine the suitability of the mold modification vs. making a new mold. A set-up fee, based on the injection machine size required, is applied for each part run or tool sampling resulting from a customer-driven design change to the mold. Changing or adding plastic resins or colors results in additional trialing and approval samples for which the customer will be quoted. Each color change during a parts run will incur a fee.
The technical performance of parts and materials is the responsibility of the customer, which assumes all liabilities associated with the use of the parts. The customer is responsible for all testing and approval prior to their use of the parts. Design characteristics which are deemed by ICOMold to be the cause of post-molding part distortion, warp or sink are the responsibility of the customer to correct through part design. Based on the customer’s specification for the load condition of the parts or other factors, CNC machined plastic parts may be milled from multiple blocks and bonded together.
Part Use & Destination
The customer is responsible for complying with all applicable U.S. laws or laws of whichever country and/or locality said parts are associated with the direct or indirect use of the part(s) and the ultimate destination. The customer also certifies that the 3D CAD data being submitted to ICOMold WILL NOT produce products that violate United States firearms laws or laws of any other international governments. ICOMold cannot be held responsible or liable for violations of United States firearms laws or laws of any other international governments that are the result of the manufacturing, delivery or use of any product that was a provided design by the customer.
In the event the project is cancelled either by ICOMold or the customer, ICOMold will assess a prorated cancellation fee to the customer based on the percentage of the project completed. Cancellation fee will include any accumulated cost of materials associated with the project.
ICOMold assumes no responsibility or liability for the design or designs of the products that are the result of this transaction. All designs are a result of the customer providing 3D CAD designs to ICOMold for production of the customer’s goods whether they are customer-designed or a customer-approved design the customer had commissioned a third party to produce.
The customer will not hold ICOMold responsible or liable for materials selected by the customer for the production of their parts. Although ICOMold’s representatives may make recommendations as to which materials may be the better choice for production of a customer’s goods, ICOMold and/or its representatives will not express, imply or choose what materials are to be used in production of the customer’s goods. The choosing of said materials is solely the responsibility of the customer for their goods. The customer is responsible for their own due diligence and research as to which materials and designs for their goods are best to comply with government regulations regarding health and safety, CE, FCC, FDA, FMCSA, ISO, NSF, UL, and USP requirements, strength, durability and/or flexibility, or other regulations either not mentioned or implied in the present or future. This also includes specialized materials purchased by ICOMold at the customer’s request as well as specialized materials provided to ICOMold by the customer for use in the customer’s goods.
SELLER MAKES NO REPRESENTATION OR WARRANTY, WHETHER EXPRESS OR IMPLIED, OF ANY KIND WHATSOEVER WITH RESPECT TO ANY GOODS OR SERVICES, INCLUDING BUT NOT LIMITED TO ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT.
Returns of defective parts will not be accepted past 60 days from receipt for injection molded parts or 30 days for CNC machined parts. Should the customer wish to return the parts within this period, customer may request an RMA. ICOMold may, at its discretion, replace the parts or issue a credit to the customer’s account. ICOMold shall not be responsible for return shipping, nor any costs related to part scrappage. ICOMold will, however, pay the return shipping cost should it require the physical return of the parts.
Upon receipt of an export mold, customer is responsible for ensuring that the mold meets the specifications of the customer-supplied 3D CAD model of the parts. Customer shall have 30 days to notify ICOMold of any nonconformity issues. If ICOMold is not notified within 30 days of the customer’s receipt of the mold, customer acknowledges acceptance and conformance of the mold. ICOMold will review any issues brought to its attention by the customer regarding nonconformance of the mold to the 3D CAD model of the parts. If ICOMold agrees to any nonconformance issue, it may at its discretion elect to allow the mold to be returned to its mold manufacturing facility in Shenzhen, China for rework. If a return is approved, ICOMold will pay for ocean shipment of the mold. If customer desires air shipment, customer will pay the cost difference between ocean and air shipment. In no case will ICOMold be held responsible for any loss of business, revenue or any loss whatsoever claimed as a result of returning an export mold for rework.
Limitation of Liability
IN NO EVENT SHALL SELLER BE LIABLE FOR ANY INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES OF ANY KIND, WHETHER FOR BREACH OF ANY WARRANTY, FOR BREACH OR REPUDIATION OF ANY OTHER TERM OR CONDITION, FOR NEGLIGENCE, ON THE BASIS OF STRICT LIABILITY, OR OTHERWISE.
Customer acknowledges that ICOMold reserves the right to use subcontractors in the performance of its obligations for an order.
Delivery, Risk of Loss, and Force Majeure
ICOMold shall not be held responsible or liable for diverse conditions which prevent compliance with delivery of products to customers. Furthermore, ICOMold cannot be held liable for delays in delivery or damages that occur in transit or for failure to give notice regarding delivery delays. ICOMold strives to keep customers apprised of delays in the event that they occur. Delays are not reason or grounds for cancellation, nor will ICOMold be held responsible for any business losses related to shipping delays for any reason.
Should the customer choose to use their own shipping account for shipment of their products, ICOMold shall not be held responsible for delays in delivery for any reason, nor be held responsible for any business losses related to shipping delays for any reason.
Delivery transpires Ex Works upon the shipping date, and the risk of loss and title transfer to the customer upon moment of release of the shipment from ICOMold to shipping service.
In no event shall ICOMold be responsible or liable for any failure or delay in the performance of its obligations hereunder arising out of or caused by, directly or indirectly, forces beyond its control, including, without limitation, strikes, work stoppages, accidents, acts of war or terrorism, civil or military disturbances, nuclear or natural catastrophes or acts of God, and interruptions, loss or malfunctions of utilities, communications or computer (software and hardware) services; it being understood that ICOMold shall use reasonable efforts to resume performance as soon as practicable under the circumstances.
ICOMold maintains its customers’ confidential information with the utmost care and we are diligently committed to maintaining submitted information confidential whether it be personal/company information, CAD files, quotes or orders. Additionally, it is understood by our employees that files and information submitted to ICOMold are to be kept confidential as said files and information could contain proprietary information and/or intellectual property. Furthermore, ICOMold agrees not to share confidential information or uploaded files with any individual or corporate entity outside of ICOMold and its licensed partnerships. At the customer’s written request, ICOMold will delete or erase all electronic data (CAD files) from its computer systems unless it is electronically archived and/or backed up data that cannot be accessed through normal means. All printed and electronic documents that pertain to the customer’s confidential and/or proprietary information shall also be destroyed upon the customer’s written request unless the aforementioned electronic data cannot be readily accessible. ICOMold will provide confirmation to the customer that all electronic data and paper documents have been destroyed and/or erased.
ICOMold uses reasonable and appropriate security measures e.g.: maintaining physical, electronic and procedural safeguards in compliance with applicable security requirements, including US federal and state regulations. We use computer safeguards e.g.: firewalls and data encryption. We secure physical access controls to our buildings and files; and we authorize access to personal information only for those employees who require it to fulfill their job responsibilities. All credit card information is transferred through PayPal only, one of the world’s most trusted and safest funds transferring services.
If or when needed, we may share your information: With service providers under contract who help with parts of our business operations, such as marketing, fraud prevention, bill collection, and technology services; with companies that ICOMold merges with or that acquire ICOMold; with other third parties with your consent or direction to do so; if necessary to comply with laws or regulations or in response to a valid subpoena, order, or government request, or to protect the rights of ICOMold or others. You may change your personal information with access through your ICOMold Online Account Management page.
Customer agrees to indemnify ICOMold, its employees, agents, and representatives from and against any and all liabilities, claims, damages and other expenses (including attorney fees, court costs and litigation expenses) arising out of or relating to any claim or action, regardless of form, concerning any breach of this agreement or acts of omission relating to customer’s performance hereunder, and any third-party claim arising out of this agreement or the sale of goods hereunder. Customer will also indemnify and hold ICOMold harmless from any claim that the parts violate any patent or propriety rights. It is the customer’s responsibility to pursue patent, copyright, or other proprietary rights protection and to ensure that the parts do not infringe on other third-party patents or proprietary rights.
With respect to the users of the ICOMold website, the use of stated ICOMold website grants users a limited and non-exclusive license for the utilization of services offered by the ICOMold website. ICOMold reserves the right to refuse registration to anyone, for any reason. You may not upload harmful software, malware, spyware, Trojan Horses or viruses either directly, indirectly or via attachment to ICOMold, or any of its subsidiary and/or related websites/web portals/applications or partners’ websites/web portals/applications. Any abuse or unwanted misuse of said website and its granted license will result in termination of any relationship with ICOMold. License and accounts will be thusly discharged and terminated. Breach of the terms of this agreement or if ICOMold cannot authenticate information that was provided to us by you shall result in termination of the website license and account registration. No rights or grants to the license to the ICOMold website and software are expressed or implied except as specifically stated in the license agreement.
We retain the data customers upload to us for purposes of using that data for the customer’s purposes only, meaning the building of injection molding tools and the production of parts. This data is not shared with anyone except our manufacturing partners in the event ICOMold utilizes said partners for manufacturing of said tooling or parts only. Nondisclosure agreements are taken very seriously and no tooling or parts information is ever shared with anyone outside the scope of our company. ICOMold reserves the right to delete this information at any time, for any reason.
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