Terms of Service.
All orders are governed by our terms of service - and any release of an order, payment, PO issuance constitutes acceptance of the following:
NO TERMS OR CONDITIONS, OTHER THAN THOSE STATED HEREIN, AND NO AGREEMENT OR UNDERSTANDING, ORAL OR WRITTEN, IN ANY WAY PURPORTING TO MODIFY THESE TERMS AND CONDITIONS, WHETHER CONTAINED IN BUYER’S PURCHASE ORDER OR SHIPPING RELEASE FORMS, OR ELSEWHERE, SHALL BE BINDING ON SELLER WITHOUT SELLER’S EXPRESS WRITTEN CONSENT. ANY SUCH ATTEMPTED MODIFICATIONS ARE HEREBY REJECTED BY SELLER. ALL PROPOSALS, NEGOTIATIONS, AND REPRESENTATIONS, IF ANY, MADE PRIOR TO OR CONTEMPORANEOUSLY HEREWITH AND WITH REFERENCE HERETO, ARE MERGED HEREIN. NO MODIFICATION OF THE TERMS AND CONDITIONS CONTAINED HEREIN SHALL BE BINDING UPON SELLER WITHOUT THE EXPRESS WRITTEN CONSENT OF SELLER.
Quotations and Sales FOB Origin, Freight Collect. All quotations and sales are FOB Origin, Freight Collect, unless otherwise specified on the face hereof. Seller’s responsibility ceases upon delivery to carrier or upon tender to Buyer’s agent, whichever occurs first, and title shall transfer and risk of lost goods shall be borne by Buyer at that point. Buyer shall be solely responsible for filing and pursuing any claims with carriers for loss or damage in transit. Any Hot Shot or other premium transportation charges requested by Buyer will be for the account of the Buyer. A minimum shipping and handling charge may apply on any order of less than $500.00.
Invoice/Payment: The customer confirms that payment has been made or arrangements for payment have been finalized prior to pickup.
Recovery of Collection Costs: In the event that any amounts due under this agreement are not paid when due, and the account is referred to a collection agency or attorney for collection, the customer agrees to pay all costs of collection incurred by the company, including but not limited to collection agency fees, interest, attorney fees, and court costs. The customer acknowledges and agrees that such costs may be added to the outstanding balance and shall be recoverable by the company in addition to the original debt. This provision applies whether or not a lawsuit is initiated and includes all reasonable costs associated with the collection process. Buyer shall pay interest of 18% per annum for all accounts after the due date. However, Buyer shall not be required to pay amounts beyond the maximum rate allowed by law.
Chargeback Disclaimer: The customer acknowledges that they will not dispute or initiate a chargeback for the payment related to this order. The customer understands that any attempt to do so will be considered a violation of this agreement, and the company reserves the right to take legal action for any fraudulent or unauthorized chargeback claims.
Accuracy of Order: Any order discrepancies must be reported at the time of pickup or in the case of shipped orders within 5 days of order recipt. The customer agrees that no claims, demands, or complaints will be entertained after the pickup is completed or the 5 day period has lapsed. Once the items are in the customer's possession, the company will have no further responsibility or liability.
Custom Parts Disclaimer: The customer acknowledges that the parts have been manufactured or modified according to their specific instructions and requirements either written or verbal. These parts are unique and made to the customer’s specifications, and as such, the customer accepts full responsibility for the design and specifications provided and Austin Laser Fab provides no assurances the parts are suitable for their particular need and furthermore provides no engineering services of any kind.
No Warranty or Guarantee: The customer understands that no warranty or guarantee is provided by the company on custom-made parts, including but not limited to functionality, performance, or fit beyond our standard accuracy tolerances. The company does not offer any remedy for custom parts, either before or after pickup, unless otherwise specified by a separate written agreement or parts fall outside of our accuracy limits of laser cut parts under 6" +/- 1/32", over 6" any dimension +/- 1/16", press forming +/- 1 degree.
No Liability for Design, Specifications, or Fit: The company is not liable for any issues related to the customer’s specifications, including errors in design, material, or fit. The customer agrees that any failure or issue with the parts is a direct result of the customer’s specifications and instructions.
Indemnification: The customer agrees to indemnify and hold the company harmless from any damages, losses, or claims arising from the use of the custom parts, including any claims from third parties or end-users of the parts.
Limitation of Buyer’s Remedies : Goods Resold by Seller. No claims for damages for goods that do not conform to specifications or are otherwise defective will be allowed unless Seller is given immediate notice after delivery of goods to the first destination to which they are shipped and allowed an opportunity to inspect them. Goods for which damages are claimed should not be returned, repaired or discarded without Seller’s written consent. TO THE FULLEST EXTENT ALLOWED BY LAW, BUYER’S EXCLUSIVE REMEDY AGAINST SELLER, AND SELLER’S SOLE OBLIGATION, FOR ANY AND ALL CLAIMS, WHETHER FOR BREACH OF CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, SHALL BE LIMITED TO SELLER’S REPLACING GOODS THAT DO NOT CONFORM TO SPECIFICATIONS OR ARE OTHERWISE DEFECTIVE, OR, AT SELLER’S OPTION, REPAIRING SUCH GOODS OR REFUNDING THE PURCHASE PRICE. IN NO EVENT SHALL SELLER HAVE ANY LIABILITY FOR DAMAGES IN AN AMOUNT EXCEEDING THE AMOUNT OF THE PURCHASE PRICE OF THE GOODS SOLD HEREUNDER, NOR SHALL SELLER HAVE ANY LIABILITY FOR SPECIAL, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES. Claims must be made promptly following delivery of the goods, and must in all events be made in writing within one year from date of tender of delivery. Buyer agrees that it is to be solely responsible for, and will hold Seller harmless from any claims, regardless of their basis, by Buyer or third parties that may arise from the goods after delivery, except for those remedies expressly set forth above.
Limitation of Buyer’s Remedies B Goods Furnished by Buyer. With respect to any work performed on goods furnished by Buyer (including but not limited to repairing, welding, machining, fabricating, heat treating and forging), Seller agrees to make every effort to perform fully such work in accordance with Buyer’s specifications. SELLER SHALL BE RESPONSIBLE FOR DAMAGES TO SUCH GOODS CAUSED ONLY BY SELLER’S NEGLIGENCE, IN WHICH CASE BUYER’S EXCLUSIVE REMEDY AGAINST SELLER, AND SELLER’S SOLE OBLIGATION, SHALL BE LIMITED TO THE REFUND OF THE PRICE FOR THE WORK TO BE PERFORMED BY SELLER. IN NO EVENT SHALL SELLER HAVE ANY LIABILITY FOR DAMAGES IN AN AMOUNT EXCEEDING THE AMOUNT OF THE PRICE TO BE PAID FOR THE WORK TO BE PERFORMED BY SELLER, NOR SHALL SELLER HAVE ANY LIABILITY FOR SPECIAL, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES. Claims must be made promptly following delivery of the goods, in any event within three months from the date the goods are put into operation and not more than one year after date of tender of delivery by Seller. Seller must be given a reasonable opportunity to investigate any work not meeting specifications.
Lead Time: Lead times quoted are estimated and are not guaranteed. Lead-times may vary due to current workload, material availability, job complexity and other factors.
Taxes: All sale and/or use taxes and Custom duties imposed by Federal, state, county or municipal authority upon seller’s transfer and delivery of merchandise hereunder shall be paid by the buyer.
Patents: The products hereunder are manufactured in accordance with the buyer’s specifications and design. Accordingly, buyer shall defend and save harmless vendor from all damages, claims, actions or suits based upon actual or alleged infringement of any patent registered in the U.S. or elsewhere.
Texas Law Shall Apply; Consent to Jurisdiction. These terms and conditions shall be governed by the laws of the State of Texas in effect on the date hereof (without regard to its choice of law provisions) and without regard to which party drafted the language herein, prior course of dealing, course of performance or usage of trade. If any of such terms, conditions, or limitations are, in whole or part, held to be in violation of applicable law, these terms and conditions shall be interpreted as if such provisions were limited to the extent legally permitted or if such provision is prohibited in its entirety, it shall be null and void, and these terms and conditions as so modified shall remain in full force and effect. Buyer, acting for itself and its successors and assigns, hereby expressly and irrevocably consents to the exclusive jurisdiction of the state and federal courts of Texas sitting in Austin, Texas for any litigation which may arise out of or be related to these terms and conditions. Buyer waives any objection based on forum non-conveniens or any objection to venue of any such action. These terms and conditions and any obligations of the parties related to the sale or the credit extended to Buyer are performable in Travis County, Texas.
Changes to Terms of Service We reserve the right to modify or update these Terms of Service at any time. Changes will be effective upon posting on our website or notifying you directly. It is your responsibility to review these terms regularly.
No Remedy After Pickup: The customer agrees that once the parts or items have been inspected and picked up, no further remedy for shortages will be provided by the company. The customer assumes full responsibility for the parts once they are in their possession.
Customer Conduct Customers agree to:
Provide accurate information for their orders.
Use our services for lawful purposes only.
Not use our services to create items that violate intellectual property rights, are illegal, or infringe on any third-party rights.
Limitation of Liability
Our liability is limited to the amount paid for the specific order in question.
We are not liable for any indirect, incidental, or consequential damages, including but not limited to loss of profits, data, or business opportunities.
Contact Information For any questions regarding these Terms of Service or our services, please contact us at 512-425-0675 or info@austinlaserfab.com
Force Majeure. In the event of any delay in Seller’s performance or Seller’s inability to perform due to fire, explosion, strike, shortage of utility, facility, material or labor, delay in transportation, breakdown or accident, compliance with any other action taken to carry out the intent or purpose of any law or regulation, significant increase in the cost for Seller’s purchase of the materials, or other causes beyond Seller’s control, Seller shall not be liable for any direct or indirect damage or loss due to any such causes. In the event of any of the foregoing, Seller may apportion its production and all the material among its customers as Seller, in its sole discretion, considers equitable.
Order Cancellation Policy: Once an order has been placed and paid, it becomes final and cannot be canceled or modified. By submitting an order, you acknowledge and agree that you are committed to the purchase, and no cancellation or refund requests will be accepted after the order has been placed.
Storage after Completion: Due to limited space we are happy to store your order for up to a week (7 calendar days) free of charge from the date you are notified that it is completed and ready to pick up and/or ship. Failure to pick up or approve shipping of your order will result in a $75 per week storage and handling fee being invoiced and due prior to order release.