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1. Application of Terms
These terms and conditions govern the legal agreement between you and KAD3D and supersede any previous representations and communications.
Your purchase of goods or services from KAD3D or through kad3d.com.au (Website) is subject to these Terms and Conditions of Sale (Terms). If you do not accept these Terms, you must refrain from using this website or purchasing goods or services from KAD3D.
Purchases through the KAD3D Website
Clauses 1-3 and 9-22 apply to you if you purchase product(s) through the Website.
2. Order and Payment
Representations of goods for sale made by the Website do not constitute an offer to sell but an invitation to treat.
By placing an order for any of the goods through our Website, you are offering to purchase the goods.
Where KAD3D accepts your offer, KAD3D will sell the goods to you in accordance with these Terms.
All orders through the Website are subject to availability and confirmation of the order price. Whilst we make all efforts to ensure that our pricing is accurate, errors can occur.
If your order is not accepted by KAD3D, KAD3D will notify you by telephone or email and arrange for a full refund of any payment made by you. KAD3D may, in its sole and absolute discretion, accept or reject any offer made by you for any reason (or no reason), including an error in the advertised price.
KAD3D will be deemed to have accepted your order when your order is delivered to your specified delivery address.
3. Title and Risk
Title and risk in the goods, such as loss and damage, passes to you on delivery of the goods to the delivery address provided by you at the time of your order.
Purchases by Direct Debit
Clauses 1 and 4-22 apply to you if you purchase product(s) or services from KAD3D other than through the Website.
Upon selecting your goods or services, KAD3D will offer you a quote outlining all fees and expenses relating to your purchase of goods or services.
If you are issued a quote and wish to proceed with your purchase, KAD3D will request acceptance of this quote. After accepting the quote offered by KAD3D, confirmation and an invoice will be issued to you.
If you are purchasing any goods payment of fees is due within 14 days of the receipt of your invoice. KAD3D reserves the right to hold delivery of the goods until payment is made in full.
If you are purchasing goods and services, 50% of the payment of the fees is due up front at the time the invoice is issued. The outstanding 50% of the payment of the fees is due upon completion of delivery of the goods and services.
If you are only purchasing services, 50% of the payment of the fees is due up front at the time the invoice is issued. The outstanding 50% of the payment of the fees is due upon completion of delivery of the services.
If full payment is not made within the agreed time, KAD3D reserves the right to charge interest on any outstanding monies owed to them.
7. Title and Risk
Title in the goods passes to you on payment in full of all amounts invoiced to you by KAD3D.
Risk, such as loss and damage, passes to you on delivery.
KAD3D will use reasonable endeavours to meet delivery dates quoted. Any delivery dates quoted are only best estimates.
Under no circumstances will KAD3D be liable for any loss or damage arising from late or non-delivery.
Delayed delivery of goods does not constitute grounds for cancellation of your order or termination of this contract.
9. Delivery Costs
Unless otherwise agreed in writing, the price stated in the quote or on the Website for goods is exclusive of freight, delivery, insurance, handling, storage and packaging and any other expenses.
In addition to the price for the goods, you may also need to pay a delivery charge (Delivery Charge), which if you purchase through the Website will appear in your cart or if you purchase directly from KAD3D will be included in your quote or invoice.
By placing an order with KAD3D, you agree to pay the price for the goods and any Delivery Charge.
You may cancel your order where KAD3D has breached a material term of these Terms.
In all other circumstances, KAD3D may accept cancellation for your order at its absolute and sole discretion provided you contact us by email as soon as possible and your order has not yet been processed.
KAD3D reserves the right to refuse or cancel an order if stock is unavailable.
If goods are damaged upon delivery, please contact KAD3D immediately. Do not return the goods to us before KAD3D instructs you to do so. Please ensure that all goods are returned unused and in full packaging so KAD3D can assess the damage appropriately. KAD3D will only accept returns of goods in the state upon which they were received.
Except as expressly set out in these Terms, and subject to any terms, warranties or conditions that by law may not be excluded (including those under the Australian Consumer Law), all conditions, warranties, terms, and obligations expressed or implied by law or otherwise relating to the performance of KAD3D’’s obligations under these Terms, or any goods or services supplied, or to be supplied, by KAD3D under these Terms, are excluded and the rights set out in this clause 11 are your sole and exclusive remedies with respect to the goods and services.
Nothing in these Terms purports to modify or exclude the conditions, warranties, guarantees and undertakings, and other legal rights under the Australia Consumer Law and other Australian laws which cannot be modified or excluded.
KAD3D warrants that all goods supplied by KAD3D to you will be free of defects in materials and manufacture until the date falling 12 months from the date of delivery of the goods or services (Warranty Period).
KAD3D’s warranty does not cover:
Maintenance, repair or replacement of any goods due to fair wear and tear;
Maintenance, repair or replacement of any goods due to misuse; and
Maintenance, repair or replacement of externally exposed parts where scratches have resulted from ordinary use of the goods.
KAD3D does not warrant or guarantee that any artefact created through use of the goods will be fit or available for any particular purpose.
This warranty is not transferable or assignable.
The liability of KAD3D and its employees or agents for a breach of any warranty or liability which cannot be excluded, restricted or modified by law is limited, at KAD3D’s option to:
the replacement of the goods or supply of equivalent goods;
the repair of the goods;
refunding the amount paid for the goods or services;
re-performing the services; or
subject to the prior agreement of KAD3D and you, the payment of the costs of replacing the goods or the payment of having the goods repaired.
Notwithstanding anything to the contrary in these Terms, the liability of the KAD3D howsoever arising shall in no circumstances exceed the amount paid by you to KAD3D in the preceding 6 months.
In no event, whether for breach of warranty, breach of contract, negligence or otherwise shall KAD3D be liable for any indirect, special, incidental or consequential damages including without limitation loss of profit or revenues and downtime costs sustained by you or your customers to the full extent such may be disclaimed by law.
KAD3D is not liable for any loss or damage where goods are not used in accordance with all instructions, directions and Safety Guidelines provided by KAD3D or the manufacturer.
We make no representations concerning the functionality and worth of the artefacts created through the use of the goods and we are not responsible for any copyright compliance, or legality of material or content created by you.
To the maximum extent permitted by law, you indemnify KAD3D against all loss (including claims by third parties) arising out of or in connection with the performance of the services, supply of the goods or your breach of the Agreement. This indemnity includes legal costs on an indemnity basis and any GST payable by KAD3D in relation to this indemnity.
All goods supplied by KAD3D shall only be used for purposes that are compliant with Australian law.
15. Application of the Personal Property Securities Act 2009
In this clause 16, PPSA means the Personal Property Securities Act 2009. If a term used in this clause has a particular meaning in the PPSA, it has the same meaning in this clause.
KAD3D and the Customer acknowledge that these Terms constitute a Security Agreement and give rise to a Purchase Money Security Interest in favour of KAD3D over the Goods supplied or to be supplied or the proceeds of the Goods supplied to the Customer pursuant to these Terms.
The Customer acknowledges and agrees that KAD3D may apply to register a Purchase Money Security Interest or any other Security Interest in the goods at any time before or after delivery of the Goods. The Customer waives its right under s 157 of the PPSA to receive notice of any verification of the registration.
KAD3D can apply amounts it receives from the Customer towards amounts owing to it in such order as KAD3D chooses.
If the Customer defaults in the performance of any obligation owed to KAD3D under these Terms or any other agreement for KAD3Dto supply Goods to the Customer, KAD3D may enforce its Security Interest in any Goods by exercising all or any of its rights under these Terms or the PPSA. To the maximum extent permitted by law, the Customer and KAD3D agree that the following provisions of the PPSA do not apply to the enforcement by KAD3D of its Security Interest in the Goods: sections 95, 117, 118, 121(4), 125, 129(2), 129(3), 130, 132(3)(d), 132(4), 135, 142 and 143.
The Customer and KAD3D agree not to disclose information of the kind mentioned in s 275(1) of the PPSA, except in circumstances required by sections 275(7)(b)-(e) of the PPSA.
The Customer must promptly do anything required by KAD3D to ensure that KAD3D’s Purchase Money Security Interest or any other Security Interest is a Perfected Security Interest and has priority over all other Security Interests in the Goods.
The Customer must not do or permit anything to be done that may result in the Purchase Money Security Interest or any other Security Interest granted to KAD3D ranking in priority behind any other Security Interest.
Nothing in this clause is limited by any other provision of these Terms or any other agreement between the parties.
The Customer gives KAD3D a Security Interest in all of the Customer’s present and after-acquired property in which Goods or materials supplied or financed by KAD3D have been attached or incorporated.
Either party may, without affecting any other rights they may have, terminate or suspend any contract with immediate effect by giving notice to the other party if the other party:
breaches any provision of the Terms and fails to remedy the breach within 7 days after notice requiring them to do so;
breaches a material provision of this Agreement where that breach is not capable of remedy;
ceases to be able to pay their debts as they become due; or
becomes subject to any form of insolvency or bankruptcy action that is not dismissed within 60 days.
17. Applicable Law
These Terms shall be governed by the laws of Victoria and the parties agree to submit to the non-exclusive jurisdiction of the Courts of Victoria.
Each provision of the agreement between you and KAD3D is divisible. The invalidity or unenforceable of any provision within the agreement shall not affect the validity or enforce-ability of the agreement as a whole.
19. Safety Precautions
KAD3D’s Safety Guidelines and any product specific safety guidelines provided by KAD3D to the Customer are incorporated into these Terms. These are available HERE
20. Maintenance Guidelines
KAD3D’S Maintenance Guidelines and any product specific maintenance guidelines provided by KAD3D to the Customer are incorporated into these Terms. These are available HERE
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