The terms and conditions set out below apply to your engagement of Baresh Optical Limited t/a All 3D Labs, (company No. 08670143) to provide 3D printing and any ancillary services we provide. In these terms and conditions, the terms “our”, “us” and “we” refer to Baresh Optical Limited t/a All 3D Labs.
You must be at least 18 years old to order products or services from us. If you are not yet 18 years old then you will need to get an adult to contract with us.
You can place an order with us using our Online Quotation System, available at www.all3dlabs.com.
You can also use our Online Quotation System to request that vapourfusing be carried out on parts that we manufacture for you. However you can’t use our Online Quotation System to request that vapourfusing be carried out on parts which you or a third party have manufactured: see section 21 of these terms and conditions for more details about placing orders for vapourfusing work on such parts.
To use our Online Quotation System you will have to set up an account with us. To set up an account with us you will be required to provide certain information and to create a password. It is your responsibility to keep that password confidential.
After you have created an account, you will be able to:-
(a) upload onto our Online Quotation System the design of your product as an STL file;
(b) specify the details of any post manufacturing processes you wish us to carry out for you including shot penning, vapour fusing and dying.
We will then check the file and the information provided for any issues or design features which may make the production by us of a 3D printed model to your design impractical or may impact on the feasibility of any post manufacturing process specified by you.
Please note that we reserve the right not to provide a quote on any product, in circumstances where we believe that 3D printing your product would or might:-
(a) not be feasible or would be uneconomic for us;
(b) create a conflict of interest with one of our existing or potential customers;
(c) infringe the intellectual property rights of a third party;
(d) constitute an offence under relevant fire arms or terrorism legislation or might lead to the commission of such an offence;
(e) in our reasonable opinion damage our business, its reputation or goodwill,
(altogether “Relevant Circumstances”).
Assuming that there are no such errors or design features and that no Relevant Circumstances apply then we will send an email to the email address you used when you set up your login credentials, notifying you that you can see a model of your product in Live View.
If after seeing the model of your product in Live View, you wish to amend your design, you can do that by resubmitting an amended STL file.
If you are content with the model of your product in Live View, you can then submit a request for a quote using our Online Quotation System. When submitting your request you will be asked to state the number of 3D copies of your product you wish us to make for you and to reconfirm the details of any post-processing services (such as but not limited to shot penning, vapour fusing and dying), which you require.
Once you have confirmed all relevant details then you will receive a quote from us which you can save into your account on our Online Quotation System and which, provided you have saved it in our Online Quotation System, we will honour for 30 days from the date of the quote. The quote constitutes an offer by us to provide 3D printing and any ancillary services, subject to these terms and conditions.
The quote will include delivery charges for orders under £250 (excluding VAT). Delivery is free in the UK for orders over £250 (excluding VAT).
If you think the quote is not competitive with another quote you have received then please email the other quote you have received to us so that we can consider whether or not we want to match it.
The quote you get from us will contain an estimated lead time. The lead time is not a representation by us that your product will be provided to you within that time frame but is simply our standard lead time for orders of the same type as the ones you have requested a quote for. Should you go ahead and place an order the actual delivery date of your product could be significantly later if for example we are going through an exceptionally busy period, are subject to staff illness or have mechanical issues with our printing or finishing equipment or are subject to other events of force majeure (see section 20 below, headed force majeure).
If you wish to place an order on the basis of the quote you received from us you can do so by using the check-out function on our Online Quotation System. Payment is taken at the time the order is placed using a debit or credit card details you provide.
Once you press the “Place Order” button on our Online Quotation System then a legally binding agreement between us is formed, on these terms and conditions.
You can also place an order with us by sending us an email at info@all3dlabs.com or simply by sending us an item in the post for post-processing and other ancillary services. Payment for any order placed, using these methods, will be taken at the time the order is placed using a debit or credit card details you provide. Where an order is placed, using these methods, then these terms and conditions shall apply to it.
If you send us an item for post-processing or other ancillary services then you must pack it properly in a robust box and send it recorded delivery or via a signed-for courier. If you want us to return to you any item that you have sent to us then you will have to pay us in advance the courier charge.
Once you have placed an order either using our Online Quotation System, by email, by post or over the telephone system, we will send you either an order confirmation and an invoice, showing the amount you have paid. The order confirmation will provide an estimated delivery date.
You should very carefully check that the details of your order set out in the order confirmation are correct. If you believe that there are any errors in your order set out in the order confirmation then you should immediately notify us of those errors. You can do that using our contact details set out in section 25 below.
30-day payment terms are available for approved trade accounts, with the 30 day payment period running from the date of the invoice which we will send to you.
Time for payment by you of any invoiced but unpaid amount shall be of the essence: this means that if you don’t pay the full sum by the due date, stated on the invoice, we may terminate the agreement with you to supply the goods the subject of the unpaid order.
Additionally, you agree that if there is any default in payment of any invoice then the total amount outstanding on your credit account for all outstanding invoices shall become payable in full on the date of default of any invoice. Any sum paid outside agreed credit terms shall attract interest at 5% above the base rate of the Bank of England from time to time and such interest shall accrue calendar monthly in arrears. We may set off any amounts you owe us against any amount which we owe you.
In the event that there is any default in the payment of any invoice, we reserve the right to cancel any outstanding orders from you.
You can cancel an order within 12 hours of placing it and will receive a full refund. After that time you cannot cancel your order as your job will have entered our production system.
We may cancel any order accepted by us, should we subsequently decide that one of the Relevant Circumstances (see Section 1 above) applies. Should we do so then we will return to you the monies you have paid us for the cancelled order.
At any time prior to our printing your product you can notify us by email at info@all3dlabs.com of changes you wish to make to your job. The email you send us must state the order number for the job that the changes relate to. The order number for the job is on the order confirmation and invoices that we sent you. Such changes will incur a further charge of [insert figure] which we will collect using the debit or credit card details you provided to us when placing your order or in the case of an approved trade account will be invoiced to you on 30 day terms, (see section 6 above).
The estimated delivery date stated on the order confirmation we send you is an estimate only based on our typical capacities and abilities and does not form a term of our agreement with you. Time of delivery of your order is not of the essence. We will use our reasonable endeavours to meet such an estimated delivery date but we cannot and do not guarantee that your order will be delivered by the estimated delivery date. The estimated delivery date is simply our standard lead time for orders of the type that you have placed. The actual delivery of your order could be significantly later than the estimated delivery date if for example, we are going through an exceptionally busy period, are subject to staff illness, suffer technical issues with our printing or finishing equipment or are subject to other events of force majeure (see section 20, below headed force majeure).
We may use sub-contractors to carry out certain printing, finishing or other processes in connection with your order. We are not liable if third parties cause delays to your order.
We will pack your order in a secure box, with packing as appropriate. We will use a courier service to deliver your goods to you. The product will need to be signed for.
We will send your order to the delivery address you provided when you placed your order. We shall not be liable for any losses or claims arising as a result of you providing us with incorrect delivery address details or in the event that delivery to the provided address otherwise proves impossible or impractical.
Title to any ordered products we send you shall not pass to you unless and until full payment for the same has been made.
Most parts we print should be within about +/- 0.3 mm of the dimension specified in the final form STL file which you submitted prior to placing your order or +/- 0.3 % of that dimension if that is greater. For example, an acceptable tolerance for a 190 mm diameter would be 0.57 mm and for a 19 mm dimension, it would be 0.3 mm. However, we can’t and don’t guarantee these tolerances as the shape and configuration of some 3D printed articles can cause shrinkage or deformation.
If a part falls outside these tolerances then that shall not constitute a breach of the agreement between you and us but we may, in our absolute discretion, reprint the item for you at our cost.
You should appreciate that there can be issues with products, part of which have a wall with a thickness of approximately 1mm. If such walls break or deform, either before or after delivery to you, then we are not obliged to reprint the item for free.
You will be deemed to accept any parts which we supply to you as being in full conformity with your order unless within five working days from receipt of the same you notify us of any issue with the same, using the contact details for us set out in section 25.
If you believe that any product supplied by us is not in full conformity with your order or is otherwise not in compliance with these terms and conditions then you must return the products to us in a robust properly packed box within five working days of your initial complaint to us.
If we agree with you that the products supplied by us to you were either not in full conformity with your order or are otherwise in compliance with these terms and conditions then we may either, in our absolute discretion, refund you the purchase price or reprint the items and redeliver them to you at our cost.
If we do not agree with you that the products supplied were either in full conformity with your order or otherwise defective then we will explain the reasons for our belief to you in writing.
As you provide us with the design of the product which you want us to print or finish then we do not warrant, guarantee or represent in any way that any part we supply to you or finish will be fit for the purpose you intend to use it for or will comply with any regulatory requirements relating to products of that type. It is your responsibility to assess the fitness for purpose of any product we supply to you and to ensure its compliance with any regulatory requirements for products of that type.
We warrant that the products we supply to you will be in conformity with the design set out in the most recent STL file you submitted to us for those products, in so far as such conformity is possible given the limitations of 3D printing and bearing in mind these terms and conditions.
All other representations, warranties, terms or conditions (including but not limited to the terms implied by sections 13 to 15 of the Sale of Goods Act 1979) that would be implied by law are hereby excluded to the maximum extent permissible under English law.
We do not carry out any freedom to operate intellectual property checks or searches on any product designs you supply to us. It is entirely your responsibility to verify that any product you ask us to make, modify, finish or otherwise process for you is not subject to third party intellectual property rights, which might include trade marks, copyrights, design rights, patents and rights in confidential information. By submitting your product design to us you represent and warrant to us (and acknowledge that we rely on such representation and warranty) that you either own or have sufficient licence and permission to use all the intellectual property rights in the design so as to make our 3D printing of your product and the provision of any post print ancillary services lawful. You agree to indemnify us fully and completely for any claims, costs, damages and losses, which we suffer as a result of printing any job for you or providing you with any ancillary services.
We shall fully comply with all relevant data protection and privacy legislation in force from time to time in the UK including without limitation the UK GDPR, the Data Protection Act 2018 (and regulations made thereunder) and the Privacy and Electronic Communications Regulations 2003 (SI 2003/2426) as amended and all other legislation and regulatory requirements in force from time to time which applies to us relating to the use of your personal data (including, without limitation, the privacy of electronic communications) and the guidance and codes of practice issued by the Information Commissioner or other relevant regulatory authority and which are applicable to us.
References to liability in this section 18 include every kind of liability, arising under or in connection with these terms and conditions, including liability in contract, tort (including negligence), misrepresentation, restitution or otherwise.
Nothing in these terms and conditions shall limit any liability of ours which cannot legally be limited, including liability for:
(a) death or personal injury caused by negligence;
(b) fraud or fraudulent misrepresentation;
(c) breach of the terms implied by section 12 of the Sale of Goods Act 1979 (title and quiet possession; and
(d) breach of section 2 of the Consumer Protection Act 1987.
Subject to the paragraph immediately above, our liability for the following kinds of loss are hereby expressly excluded:-
(i) Loss of profits
(ii) Loss of sales or business
(iii) Loss of agreements or contracts
(iv) Loss of anticipated savings
(v) Loss of use or corruption of software, data or information
(vi) Loss of or damage to goodwill or reputation
(vii) Indirect or consequential loss
(viii) Wasted expenditure
(ix) Additional costs of your procuring and implementing replacements for, or alternatives to, products provided, finished or processed in accordance with these terms and conditions. Such costs include (but are not limited to) consultancy costs, additional costs of management time and other personnel costs, and costs of equipment and materials.
Subject to the second and third paragraphs of this section 18, our liability under any supply agreement concluded with you shall not exceed £10,000.
We shall only use confidential information you provide to us for the purposes of fulfilling our obligations under these terms and conditions and we shall keep such information confidential. However we may disclose such information to sub-contractors who we may use to fulfil your order or to law and order enforcement agencies.
In this section 20, a Force Majeure Event means any circumstance, not in a party’s reasonable control including:
(a) acts of God, flood, drought, earthquake or other natural disasters;
(b) epidemic or pandemic;
(c) terrorist attack, civil war, civil commotion or riots, war, the threat of or preparation for war, armed conflict, imposition of sanctions, embargo, or breaking off of diplomatic relations;
(d) nuclear, chemical or biological contamination, or sonic boom;
(e) any law or any action taken by a government or public authority, including imposing an export or import restriction, quota or prohibition, or failing to grant any necessary licence or consent;
(f) collapse of buildings, fire, explosion or accident;
(g) any labour or trade dispute, strikes, industrial action or lockouts;
(h) non-performance by suppliers or subcontractors;
(i) interruption or failure of utility services.
Provided that we have complied with the other provisions of this Section 20, if we are prevented, hindered or delayed in or from performing any of our obligations under these terms and conditions by a Force Majeure Event then we shall not be in breach of these terms and conditions or otherwise liable for any such failure or delay in the performance of such obligations. The time for the performance of such obligations shall be extended accordingly.
We shall:
(a) as soon as reasonably practicable after the start of the Force Majeure Event notify you in writing of the Force Majeure Event, the date on which it started, its likely or potential duration, and the effect of the Force Majeure Event on our ability to perform any of our obligations under these terms and conditions; and
(b) use all our reasonable endeavours to mitigate the effect of the Force Majeure Event on the performance of our obligations under these terms and conditions.
You can’t use our Online Quotation System to place an order for the vapourfusing of a part that you or a third party has manufactured (“Third Party Part”).
It is your responsibility to check that any Third Party Part you wish to send us to be vapourfused is made from a material that is capable of being vapourfused. See the FAQ on our website.
If you want us to vapourfuse any Third Party Part for you please get in contact with us before sending us the item, using the contact details on our website.
If we confirm to you that the Third Party Part which you wish to be vapourfused can be vapourfused then if you want us to vapourfuse it for you then we will send you an invoice for doing that. The invoice must be paid in full before you send us the Third Party Part to be vapourfused.
If you send us a Third Party Part for vapourfusing without first contacting us we will not vapourfuse the item for you and you will have to pay us the delivery costs of returning the item to you.
Save us as set out in this section 21, all the other provisions of these terms and conditions shall apply to any vapourfusing work of Third Party Parts which we may undertake for you.
If any provision or part-provision of these terms and conditions is or becomes invalid, illegal or unenforceable, it shall be deemed deleted, but that shall not affect the validity and enforceability of the rest of these terms and conditions.
No variation of these terms and conditions shall be effective unless it is agreed in writing between you and us.
A waiver of any right or remedy under these terms and conditions or by law shall only be effective if given in writing and shall not be deemed a waiver of any subsequent right or remedy.
A failure or delay by a party to exercise any right or remedy provided under these terms and conditions or by law shall not constitute a waiver of that or any other right or remedy, nor shall it prevent or restrict any further exercise of that or any other right or remedy. No single or partial exercise of any right or remedy provided under these terms and conditions or by law shall prevent or restrict the further exercise of that or any other right or remedy.
Any notice or other communication given to a party under or in connection with these terms and conditions shall be in writing and shall (save as otherwise expressly provided in these terms and conditions) be:
(a) delivered by hand or by pre-paid first-class post or other next working day delivery service at the address set out below for us and the address you provide to us when you place your order with us or such other address you notify us of in accordance with the provisions of this section 25:
Us: Unit 348, Birch Park, Wetherby, LS23 7FG
(b) sent by email to the addresses specified below:
You: the address you provide to us when you place your order with us or such other address you notify us of in accordance with the provisions of this Section 25.
Any notice or other communication served in accordance with the provisions of this section 25 shall be deemed to have been received:
This section does not apply to the service of any proceedings or other documents in any legal action or, where applicable, any arbitration or other method of dispute resolution.
These terms and conditions constitute the entire agreement between the parties and supersede and extinguish all previous agreements, promises, assurances, warranties, representations and understandings between them, whether written or oral, relating to its subject matter.
Each party acknowledges that in entering into these terms and conditions it does not rely on, and shall have no remedies for, any statement, representation, assurance or warranty (whether made innocently or negligently) that is not set out in these terms and conditions.
Each party agrees that it shall have no claim for innocent or negligent misrepresentation or negligent misstatement based on any statement in these terms and conditions.
Nothing in this section 26 shall limit or exclude any liability for fraud.
These terms and conditions do not give rise to any rights under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of these terms and conditions.
These terms and conditions and any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with them or their subject matter or formation shall be governed by and construed in accordance with the law of England and Wales.
You and we irrevocably agree that the courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with these terms and conditions or their subject matter or formation.
