The information and any materials available on or from this website are protected by European Union and international copyright laws and are the copyrighted works of UAB Technoprojektai. Any unauthorised use, copying, redistribution, reproduction, publication or modification of that information or materials may violate Trade mark law of the European Union or international trademark laws, or international copyright laws and may subject such a violator to a legal action.
Micromolds™, are filed to register for the trademark of UAB Technoprojektai. The absence of a brand or product name or logo does not constitute a waiver of any Micromolds™ trademark or other intellectual property right concerning that name or logo.
Nothing contained on the website should be construed as granting, by implication, any license or right to use any Trademark displayed on the website without the written permission of UAB Technoprojektai.
Revised September 2020
Conditions of Use
Welcome to the Micromolds website. The Website is operated by UAB Technoprojektai. ("Technoprojektai", "we", or "us"), located at Lentvario 16, Vilnius, LT-02300, Lithuania.
Through the Website, you can obtain information about our provided services and request a quotation. Your access to and use of the Website and the Services are subject to the following terms and conditions ("Terms and Conditions") and all applicable laws.
We reserve the right to update or modify these Terms and Conditions at any time, without prior notice, by posting any such revised version of these Terms and Conditions behind the link marked "Conditions of Use" at the bottom of each page of this Website. Your continued use of the Website after we have posted the revised Terms and Conditions constitutes your agreement to be bound by the revised Terms and Conditions.
Unless otherwise indicated, the Website and Services together with their design, text, content, and other matters related to the Website and Services ("Content") are protected under applicable copyrights, trademarks and other proprietary (including, but not limited to, intellectual property) laws, and all rights therein are the property of Technoprojektai, or third parties who have granted us permission to use their Content. Except as otherwise provided herein, none of the Content may be used, copied, reproduced, distributed, republished, downloaded, modified, reverse engineered, displayed, posted or transmitted in any form or by any means, without our express prior written permission. We grant you permission to lawfully access and use the Website to upload models, display, download, and archive and print, portions of the Website on a temporary basis for your individual use, provided you do not modify the materials and that you retain any and all copyright and other proprietary notices contained in the materials.
You represent and warrant that you own or have the right to submit the design, drawing, model or prototype (“Model”) to use through the Website for the purpose of obtaining Services. You hereby grant Technoprojektai a non-exclusive, transferable license to copy, modify, and use each Model that you submit through the Website solely for the purpose of providing the Services you have requested.In the event that You modify contact information related to a Model, You further agree that you: a) are authorised or have authorised a person to modify contact information; b) have accurately entered all such contact information; c) You are solely responsible for the consequences of any errors in the entry of contact information; and d) You are solely responsible for all use of this website by anyone you designate to have access to such Models, including any changes made to Models.
Trademarks and Service Marks
All of Technoprojektai logos, product names, page headers, custom graphics, button icons, trademarks, service marks and logos appearing on the Website, unless otherwise noted, are service marks, trademarks (whether registered or not) and/or trade dress of Technoprojektai (the "Marks"). All other trademarks, product names, company names, logos, service marks and/or trade dress mentioned, displayed, cited or otherwise indicated on the Website are the property of their respective owners. You are not authorised to display or use the Marks in any manner without our prior written permission.
The use or misuse of the Marks or other trademarks, product names, company names, logos, service marks and/or trade dress or any other materials contained herein, except as permitted herein, is expressly prohibited.
PAYMENT AND FEES
You agree to pay all fees and any other charges incurred by you (including any applicable taxes) for the Services you have requested through the Website in accordance with the Terms and Conditions of Sale (as applicable).
The Website may contain links to other websites maintained by Technoprojektai or unrelated third parties. A link to a third party’s website does not mean that we approve, endorse or accept any responsibility for that website, or the use of products and services available through such website. We do not make any representations, or give any warranties, expressed, implied, or otherwise about third party websites.
WE MAKE NO REPRESENTATIONS OR WARRANTIES WITH RESPECT TO THIS WEBSITE OR ITS CONTENTS, INCLUDING ANY QUOTES PRODUCTS OR SERVICES YOU RECEIVE FROM THIS WEBSITE, WHICH ARE PROVIDED "AS IS" AND ON AN "AS AVAILABLE" BASIS. WE HEREBY EXPRESSLY DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY, QUALITY AND FITNESS FOR A PARTICULAR PURPOSE, WITH RESPECT TO YOUR USE OF THIS WEBSITE INCLUDING ANY PRODUCTS OR SERVICES PROVIDED THROUGH THE SITE. WE DO NOT WARRANT THAT THIS WEBSITE, ITS SERVERS OR EMAIL SENT FROM US WILL BE FREE OF ANY HARMFUL COMPONENTS (INCLUDING VIRUSES). WE DO NOT PROVIDE ANY REPRESENTATIONS OR WARRANTIES AGAINST THE POSSIBILITY OF DELETION, MISDELIVERY OR FAILURE TO STORE COMMUNICATIONS, PERSONALISED SETTINGS, OR OTHER DATA, INCLUDING WITHOUT LIMITATION ANY MODELS SUBMITTED BY YOU WHEN YOU REQUEST A QUOTE.
The information and all other materials on this Website are provided for general information purposes only and do not constitute professional advice. It is your responsibility to evaluate the accuracy and completeness of all information available on the Website or any website with which they are linked.
EXCLUSION OF LIABILITY
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, Technoprojektai AND ITS PARENT, SUBSIDIARIES, EMPLOYEES, AGENTS, SUPPLIERS, CONTRACTORS, SUCCESSORS AND ASSIGNS, HEREBY EXCLUDES AND DISCLAIMS LIABILITY FOR ANY LOSSES AND EXPENSES OF WHATEVER NATURE AND HOWSOEVER ARISING INCLUDING, WITHOUT LIMITATION, ANY DIRECT, INDIRECT, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES, LOSS OF USE, LOSS OF DATA, LOSS CAUSED BY A VIRUS, LOSS OF INCOME OR PROFIT, LOSS OF OR DAMAGE TO PROPERTY, CLAIMS OF THIRD PARTIES, OR OTHER LOSSES OF ANY KIND OR CHARACTER, EVEN IF IT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES, ARISING OUT OF OR IN CONNECTION WITH THE USE OF THE WEBSITE OR THE SERVICES. YOU ASSUME ALL RESPONSIBILITY FOR ESTABLISHING SUCH PROCEDURES FOR DATA BACK UP AND VIRUS CHECKING AS YOU CONSIDER NECESSARY. THIS LIMITATION OF LIABILITY APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, NEGLIGENCE, TORT, STRICT LIABILITY OR ANY OTHER BASIS. IF ANY PART OF THIS LIMITATION ON LIABILITY IS FOUND TO BE INVALID OR UNENFORCEABLE FOR ANY REASON, THEN OUR AGGREGATE LIABILITY (AND ANY OTHER PERSON OR ENTITY WHOSE LIABILITY WOULD OTHERWISE HAVE BEEN LIMITED) FOR LIABILITIES THAT OTHERWISE WOULD HAVE BEEN LIMITED WILL NOT EXCEED FIVE DOLLARS (£5.00).
Some jurisdictions do not allow the exclusion of implied warranties, or certain kinds of limitations or exclusions of liability, so the limitations and exclusions set out in these Terms and Conditions may not apply to you.
You represent that you are at least 18 years old. You agree to provide true, accurate, current and complete information about yourself.
You agree to use the Website in a manner consistent with any and all applicable laws, rules, regulations, and these Terms and Conditions. You agree not to upload or transmit through the Website any computer viruses, trojan horses, worms or anything else designed to interfere with, interrupt or disrupt the normal operating procedures of a computer.
Any unauthorised modification, tampering or change of any information, or any interference with the availability of or access to this Website is strictly prohibited. Technoprojektai reserves all rights and remedies available to it. You agree to indemnify, release and hold us harmless as well as our officers, directors, agents, representatives and employees from any claim, liability, loss, expense or demand, including legal fees, related to your violation of these Terms and Conditions and your access to and use of the Website.
MODIFICATION AND DISCONTINUATION
We reserve the right at any time to modify, edit, delete, suspend or discontinue, temporarily or permanently this Website (or any portion thereof) with or without notice. We will not be liable to you or to any third party for any such modification, editing, deletion, suspension or discontinuance of this Website.
In the event any provision of these Terms and Conditions is determined to be invalid, such invalidity will not affect the validity of the remaining portions, and the parties will substitute for the invalid provision a provision which most closely approximates the intent and economic effect of the invalid provision. These Terms and Conditions will be governed by and construed under the laws of Lithuania, without regard to conflict of law principles. The Website is intended to be accessed only by persons in the European Union. Access to, or use of, this Website may be prohibited by law in certain countries or jurisdictions. You are responsible for compliance with any applicable laws of the country from which you are accessing the Website. You hereby consent and waive all objection to the exclusive jurisdiction of the courts of Lithuania and venue therein to resolve any controversy or claim arising out of or relating to use of the Website. If you have any questions, you may contact us via email at email@example.com, by phone at +37063444885 or by mail at Lentvario 16, Vilnius, LT-02300, Lithuania.
This Privacy Notice (the “notice”) sets out how we, UAB Technoprojektai at Lentvario 16, Vilnius, LT-02300, Lithuania process the personal data of individuals (each a “User”, “you”, “your”) who contact us or who use our website, services, content and related features (collectively, the “Services”) or who visit us at trade shows, events or at our premises.
This notice, together with our Conditions of Use and any other documents referred to in these documents, set out our views and practices regarding your personal data and how we will treat it. Please read these documents carefully. By visiting our website or using our Services, you acknowledge the processing described in this Notice, our Conditions of Use and related documents.
We will let you know, by posting on our website or otherwise, if we make any changes to this Notice from time to time. Your continued use of the Services after notifying such changes will amount to your acknowledgement of the amended Notice.
Our Services are not intended for children under the age of 13. We do not knowingly collect, use or disclose personal data from or about visitors under 13 years of age. If you are under the age of 18, you must obtain the consent of your parent or guardian to use our Services and to provide us with your personal data.
This version of our privacy notice was published in September 2020.
What are personal data?
“Personal data” means any information relating to an identified or identifiable natural person, known as ‘data subject’, who can be identified directly or indirectly; it may include name, address, email address, phone number, IP address, location data, cookies, call recording and similar information. It may also include “special categories of personal data” such as racial or ethnic origin, political opinions, religious or philosophical beliefs, or trade union membership, and the processing of genetic data, biometric data for the purpose of uniquely identifying a data subject, data concerning health or data concerning a natural person's sex life or sexual orientation.
What personal data do we process?
We may process the following personal data:
Information provided by you. You may give us information about you by requesting a quote, ordering a product, entering a contest, responding to a promotional campaign, responding to a survey, making applications in respect of job postings, uploading information, corresponding with us by e-mail, phone or otherwise. This information may include your name, email address, billing address, shipping address, phone number, position and place of employment, payment information, the content of any email you send to us and similar information.
Information about others. You may also provide to us personal data relating to third parties, such as people who you work with, the person who pays for your orders, your friend if you use our referral service to tell a friend about our products, services or promotions, and other individuals.
Information about your device.With regard to each of your visits to our website we may collect technical information about your device such as IP address, operating system, browser, time zone setting, the Internet address of the website from which you linked directly to our website, URL clickstream data, page interaction information (such as scrolling, clicks, and mouse-overs), and methods used to browse away from the page.
Information from third party sources. This may include information received from credit reference agencies, shipping companies, our service providers and other third parties.
Generally, you are under no obligation to provide this information, but without it, we may be unable to provide you with some of our Services. We may require credit reference agency information before entering in a service agreement with you. Some personal data will be mandatory in order for us to comply with mandatory client due diligence processes before we are able to provide the Services.
Information about third parties should only be provided if you have demonstrable permission to do so or if the information is available in the public domain.
We will rely on the information provided by you as accurate, complete and up to date and you agree to ensure that this will be the case.
How do we use your personal data?
We will only process personal data, in accordance with applicable law, for the following purposes:
responding to your queries, requests and other communications;
providing the Services including our website and related features, sale of products and services, subscriptions and other Services;
enabling suppliers and service providers to carry out certain functions on our behalf in order to provide the Services, including webhosting, data storage, identity verification, technical, logistical and other functions, as applicable;
allowing you to use features on our website, when you choose to do so;
sending you personalised marketing communications as permitted by law or as requested by you. You have the right to unsubscribe by email to firstname.lastname@example.org;
serving personalised advertising to your devices, based on your interests in accordance with our Cookie Statement below. You have the right to disable cookies as set out below;
publishing marketing materials, such as User testimonials. If you wish to make the request that your testimonial be removed you may contact us at email@example.com;
connecting you to third party features, such as social media. Our Websites may include social media features, such as the Facebook “Like” button, or other functionality, such as the “share this” button. These features may collect your IP address or the page you are visiting on our site, and may set a cookie to enable the feature to function properly. Your interactions with these features are governed by the privacy statement of the company providing them;
contacting third parties, such as sending a friend referred by you a one-time invitation;
ensuring the security of our business and preventing and detecting fraud;
administering our business, including complaints resolution, troubleshooting of our website, data analysis, quality control, staff training, testing of new features, research, statistical and survey purposes;
developing and improving our Services; and
complying with applicable law, including in response to a lawful request from a court or regulatory body.
The legal basis for our processing of personal data for the purposes described above will typically include:
processing necessary to fulfill a contract that we have in place with you or other data subjects, such as processing for the purposes set out in paragraphs 1, 2, 3, 4, 9;
your consent, such as processing for the purposes set out in paragraphs 5, 6, 7, 9;
processing necessary for our or a third party’s legitimate interests, such as processing for the purposes set out in paragraphs 1, 2, 3, 4, 7, 8, 9, 10, 11, 12 which is carried out on the basis of our legitimate interests to ensure that Services are properly provided, ensure the security of our business and our Users and for the proper administration and development of our business;
processing necessary for compliance with a legal obligation to which we are subject, such as processing for the purposes set out in paragraph 13; and
other applicable legal grounds.
For example, we may use the following cookies on our website:
Strictly necessary cookies. These cookies are essential in order to enable you to move around our website and use its features. Without these cookies, Services you have asked for cannot be provided. They are deleted when you close the browser. These are first party cookies.
Performance cookies. These cookies collect information in an anonymous form about how visitors use our website. They allow us to recognise and count the number of visitors and to see how visitors move around the website when they are using it and the approximate regions that they are visiting from. These are first party cookies. For example, this website uses Google Analytics to help analyze how Users use the website. The information generated by the cookie about your use of the website (including IP address) is transmitted to Google. This information is then used to evaluate Users’ use of the website and to compile statistical reports on website activity for the Group.
Functionality cookies. These cookies allow our website to remember choices you make (such as your user name, language or the region you are in, if applicable) and provide enhanced, more personal features. The information these cookies collect may be anonymised and they cannot track your browsing activity on other websites. These are first party cookies.
Targeting or advertising cookies. These cookies allow us and our advertisers to deliver information more relevant to you and your interests. They are also used to limit the number of times you see an advertisement as well as to help measure the effectiveness of advertising campaigns. They remember that you have visited our website and may help us in compiling your profile. These are persistent cookies which will be kept on your device until their expiration or earlier manual deletion.
Social Media cookies. These cookies allow you to connect with social media networks such as Facebook, twitter, LinkedIn and Google+. These are persistent cookies which will be kept on your device until their expiration or earlier manual deletion.
Other cookies and similar technologies from time to time.
We may combine information from these types of cookies and technologies with information about you from other sources.
Cookie consent and opting out
By using our Services, we assume that you are happy for us to place cookies on your device. Most Internet browsers automatically accept cookies. However, if you, or another user of your device, wish to withdraw your consent at any time, you have the ability to accept or decline cookies by modifying your browser setting. Learn how to disable cookies for your browser here. If you choose to decline cookies, you may not be able to fully experience the interactive features of our website, our platforms and Services.
You may also opt-out from third party cookies by selecting appropriate options on http://www.youronlinechoices.com.
Disclosure of personal data
There are circumstances where we may wish to disclose or are compelled to disclose your personal data to third parties. These scenarios include disclosure to:
our suppliers and service providers to facilitate the provision of the Services, including webhosting, identity verification (in order to verify your identity against public databases), customer services, job application portal, payment platform, analytics, consultants, for example, in order to protect the security or integrity of our business, including our databases and systems and for business continuity reasons;
subject to appropriate legal basis such as consent, our advertising and marketing partners who enable us, for example, to deliver personalised ads to your devices or who may contact you by post, email, telephone, SMS or by other means;
payer, such as your employer or principal, who pays for our products and services;
successor or partner legal entities, on a temporary or permanent basis, for the purposes of a joint venture, collaboration, financing, sale, merger, reorganisation, change of legal form, dissolution or similar event relating to our business. In the case of a merger or sale, your personal data will be permanently transferred to a successor company;
public authorities where we are required by law to do so; and
other third parties where you have provided your consent.
International transfer of your personal data
If we transfer personal data to private organisations abroad, such as our suppliers and service providers, we will, as required by applicable law, ensure that your privacy rights are adequately protected by appropriate technical, organisation, contractual or other lawful means, such as standard contractual clauses. You may contact us for a copy of such safeguards in these circumstances.
Retention of personal data
We retain personal data for as long as is necessary for the purposes listed above or longer as may be required by the law. Please contact us for further details of applicable retention periods.
We may keep an anonymized form of your personal data, which will no longer refer to you, for statistical purposes without time limits, to the extent that we have a legitimate and lawful interest in doing so.
Security of personal data
We will use appropriate technical and organisational information security measures to try to prevent unauthorised access to your personal data. Some of these measures include encryption software, firewalls, and use of Secure Socket Layers (SSL) protocols.
However, please be aware that the transmission of information via the internet is never completely secure. Whilst we can do our best to keep our own systems secure, we cannot control the whole of the internet and we cannot therefore guarantee the security of your information as it is transmitted to and from our website.
Data subject rights
Right to make a subject access request (SAR). Data subjects may request in writing copies of their personal data. However, compliance with such requests is subject to certain limitations and exemptions and the rights of other individuals. Each request should make clear that a SAR is being made. You may also be required to submit a proof of your identity and any payment permitted by law, where applicable.
Right to rectification. Data subjects may request that we rectify any inaccurate or incomplete personal data.
Right to withdraw consent. Data subjects may at any time withdraw their consent to the processing of their personal data carried out by us on the basis of their previous consent. Such withdrawal will not affect the lawfulness of processing based on such previous consent.
Right to object to processing including automated processing and profiling. Profiling may be carried out for business administration purposes, such as monitoring trends in User visits of our website and in order to deliver relevant ads to Users’ devices. We will comply with valid objection requests unless we have a compelling overriding legitimate ground for the continuation of our processing or we have another lawful reason to refuse such request. We will comply with each valid opt-out or similar request in relation to marketing communications.
Right to erasure. Data subjects may request that we erase their personal data. We will comply, unless there is a lawful reason for not doing so. For example, there may be an overriding legitimate ground for keeping the personal data, such as, our business record retention obligations that we have to comply with at law.
We will restrict our processing of personal data when dealing with data subject requests in various circumstances, unless there is a lawful reason for not doing so, such as, a legal obligation to continue processing of your personal data in a certain way.
Right to data portability. In certain circumstances, data subjects may request the controller to provide a copy of their personal data in a structured, commonly used and machine-readable format and have it transferred to another provider of the same or similar services. We do not consider that this right applies to our Services. However, to the extent it does, we will comply with such transfer request. Please note that a transfer to another provider does not imply erasure of the data subject’s personal data which may still be retained for legitimate and lawful purposes.
Right to lodge a complaint with the supervisory authority. We suggest that data subjects contact us about any questions or complaints in relation to how we process their personal data. However, each data subject has the right to contact the relevant supervisory authority directly. A list of supervisory authorities is available here.
Third party sites
Third party policies for related services and offerings (such as YouTube and Facebook) linked to or from our Services have their own privacy statements that can be viewed by clicking on the corresponding links within each respective website. Since we do not have control over the policies or practices of participating merchants and other third parties, we are not responsible for the privacy practices or contents of those sites. We recommend you review their policies before you provide any personal data or complete any transaction with them.
Revised September 2020
Terms and Condition of Sale
As used herein, “Seller” means UAB Technoprojektai (company code: 303176864; VAT No. LT100008148310), a Lithuanian privately held company with headquarters located at Lentvario 16, Vilnius, LT-02300, Lithuania.
Technoprojektai provides a Quote for the Buyer’s part(s) based on a 3D CAD model submitted by Buyer to Seller. Any change to the 3D CAD model requires an updated Quote. Quotes are valid for 30 days, after which pricing may change without notice. Seller reserves the right to correct clerical and other typographical errors in any quotation.
These Terms and Conditions of Sale, together with a valid Quote provided by Seller, form a legally binding agreement (the “Agreement”) and contain the entire agreement and understanding between Buyer and Seller for the goods and services provided by Seller and supersede any and all other agreements, representations, arrangements and understandings of the parties relating to its subject matter, whether oral or in writing. Each party acknowledges and agrees that it does not rely on, and shall have no remedy in respect of, any promise, assurance, undertaking, representation or statement made (whether innocently or negligently) by any other party or any other person except as expressly set out in this Agreement, in respect of which its sole remedy shall be for breach of contract. These Terms and Conditions of Sale shall be deemed to have been accepted when the Seller accepts a Quote or issues a purchase order or other writing expressing the Buyer’s intent to proceed with the Agreement in response to Seller’s Quote. This Agreement will govern any orders Seller accepts from Buyer and/or Buyer’s authorized purchasers based on the Quote provided to Buyer. The terms and conditions contained herein shall be the only terms that shall govern the purchase and sale of the goods and services between Buyer and Seller, and no other terms and conditions shall apply and are hereby expressly excluded, including, without limitation, any terms contained in a request for quotation, purchase order, website, or elsewhere. The only additional terms in a request for quotation, purchase order, website or other writing that shall apply, if accepted by Seller, shall be terms regarding the description, price, quantity, and shipping destination for goods produced, and any and all other terms and conditions shall be excluded and deemed inapplicable. After Seller accepts an order, Buyer is responsible for any delivery delays or charges, in addition to the original price, due to a Buyer requested change that is agreed to in writing by Seller. If Seller is unable to accept Buyer’s order it will inform Buyer in writing and will not charge Buyer for the goods. This may be because of unexpected limits on Seller’s resources which Seller could not reasonably plan for or because Seller is unable to meet a delivery deadline specified by Buyer.
Changes to the Goods by Buyer
If Buyer wishes to make a change to the goods Buyer has ordered please contact Seller. Seller will let buyer know if the change is possible. If it is possible Seller will let Buyer know about any changes to the price of the goods, the timing of supply or anything else which would be necessary as a result of Buyer’s requested change and ask Buyer to confirm whether Buyer wishes to go ahead with the change. If Seller cannot make the change or the consequences of making the change are unacceptable to Buyer, Buyer may terminate an order in accordance with the ‘Termination for Convenience’ section below.
Changes to the Goods by Seller
Seller may change the goods to reflect changes in relevant laws and regulatory requirements and/or to implement minor technical adjustments and improvements. Seller may also make any changes agreed in advance as set out in the Quote. If Seller makes any other changes, Seller will notify the Buyer and Buyer may then contact Seller to end the contract before the changes take effect and receive a refund for any goods paid for but not received.
Termination for Convenience
Buyer may terminate an order in whole or in part at any time by written notice to firstname.lastname@example.org effective upon receipt by Seller. In the event of termination, Seller reserves the right to invoice Buyer for all goods produced or services performed prior to receipt of notice of termination as well as for any materials, including resin purchased to make Buyer’s parts which Seller is unable to return. This section shall not limit or affect the Buyer’s right to cancel this order for breach by Seller.
Technoprojektai manufactures the goods ordered by the Buyer individually according to the Buyer’s individual specifications and therefore the Buyer has no statutory right of cancellation under consumer protection legislation.
Termination by Seller
Seller may terminate this Agreement in whole or in part at any time by written notice to Buyer if (a) Buyer does not make any payment when it is due and such payment remains outstanding for more than 30 days after Buyer’s notice to Seller; (b) Buyer does not, within a reasonable period of time, provide Seller with information that is necessary for Seller to provide the products; or (c) Buyer does not, within a reasonable time, allow Seller to deliver the products to Buyer or collect them from Seller.
Delivery; Quantity; Title
Goods will be delivered as soon as reasonably possible in accordance with the estimated delivery date set out in the Quote. Seller reserves the right to limit quantities at any time. Partial shipments may be delivered to Buyer where this is agreed in a Quote. All parts are shipped FCA (Incoterms 2010) at Seller’s facilities. Title passes to the Buyer at the time and place of delivery to the carrier.
Price and Terms of Payment
All prices are quoted and payments shall be made in Euro and are exclusive of freight, shipping, special packaging or handling, duties, and unless specifically stated, Value Added Tax or any other sales, excise, or use taxes arising in connection with this transaction (other than taxes based solely on Seller’s taxable income). No discounts are authorized. Payment may be made by any international money transfer via Beneficiary’s account held payment service provider’s institution, or a form of prepayment acceptable to Seller. Upon transfer approval, goods or services may be invoiced and all sums are due and payable net-30 from the date of the invoice. To the extent Buyer desires Seller to present invoices or other information electronically via Buyer’s or a third party’s electronic payment website, any costs associated with such access will be borne by Buyer.
Buyer shall inspect all goods upon delivery by Seller, and should any of the goods be nonconforming goods, Buyer must notify Seller, in writing, within ninety (30) days of delivery of the goods describing the nature of any nonconformity. Seller shall have the right and option to repair or replace any nonconforming goods. Seller shall not have any obligation to repair, replace or otherwise compensate Buyer for nonconforming goods if Buyer fails to notify Seller in writing that goods are nonconforming within ninety (30) days of Seller’s delivery of the goods.
Seller assumes no responsibility for the design of the goods that are the subject of this transaction. To the extent Seller’s personnel recommend design modifications or provide design analysis, simulation or advice, they do so only to help meet the requirements of Seller’s own manufacturing process. The Buyer retains sole legal responsibility for the design specifications and performance of the goods that are the subject of this transaction. Buyer is solely responsible for ensuring the goods and services purchased from Seller meet applicable regulatory requirements. The Buyer represents and warrants to Seller that no information furnished or to be furnished by the Buyer to Seller constitutes information classified by the local laws as confidential, secret or top secret or similar designation.
Except as expressly set out in this Agreement, all warranties, terms, conditions and undertakings, express or implied are excluded to the fullest extent permitted by law, including but not limited to any warranty of satisfactory quality, fitness for purpose or non-infringement.
Without limiting the generality of the foregoing, Seller assumes no responsibility or liability for the selection of any materials for the goods that are the subject of this transaction. The Buyer is solely responsible for ensuring that materials selected for goods to be manufactured by Seller meet any applicable regulatory requirements or specifications including but not limited to Directive -2011/65/EU on the restriction of the use of certain hazardous substances in electrical and electronic equipment (RoHS Directive) together with any national legislation implementing such Directive, ISO, FDA, UL, CSA, CE, TUV, FCC, NSF, and USP. Any statements made by Seller personnel or specifications provided by Seller regarding materials should be verified by the Buyer with the manufacturer of that material.
Buyer agrees to defend, indemnify and hold harmless Seller (and its employees, representatives and agents) from and against all claims, liabilities, losses, damages, penalties, fines and sanctions of any kind (including, without limitation, interest, attorneys’ fees and expenses penalties or any other governmental sanctions of any kind) resulting from or arising out of a breach of any provision of this Agreement or any third party claim for infringement of intellectual property rights, including patent rights, trademarks, copyrights or misuse of trade secrets or confidential information.
Seller shall not be liable for any failure to perform or delay in performance under this Agreement if such failure or delay is caused by acts of God, fire, storm, strikes, blackouts, labour difficulties, riots, inability to obtain materials, equipment, labour or transportation, governmental restrictions, biologic crisis and pandemics or any other event beyond Seller’s reasonable control. In the event of any shortage of raw materials or other supplies, Seller may allocate materials and supplies among its buyers in such manner as Seller may determine in its sole discretion, and shall have no liability to the Buyer on account of any delay or cancellation on account thereof.
Due to the proprietary nature of Seller’s process, all Tooling is proprietary and is generally not compatible with or transferable to other equipment. Notwithstanding any tooling or engineering charges imposed by Seller, all such Tooling shall be and remain the property of Seller. However, Seller shall not use Custom Tooling in the production of goods for any other buyer of Seller without the Buyer’s express permission. As used in this Agreement, “Tooling” means all Seller proprietary software, processes, procedures, and tooling developed by Seller, for the quoting, analysis, design, automation, and manufacturing of machined parts, injection moulds, injection moulded parts, and 3D printed parts and “Custom Tooling” means tooling, molds, or fixturing developed specifically for the Buyer and for which the Buyer is separately charged by Seller. Seller’s tooling storage policy is such that after a three-year period of inactivity on the Custom Tooling, Seller may destroy the Custom Tooling, in its discretion.
Text, Illustrations, and Software Files Provided by Seller
All intellectual property rights to text, illustrations, software files and other materials (“Seller Materials”) provided by Seller to Buyer are retained by Seller. Buyer will not, without prior written approval of Seller (which may be withheld for any reason), remove any of Seller’s markings or change in any way the Materials.
Text, Illustrations, and Software Files Provided by Buyer
Copyright in files, all text, illustrations, software files and other materials (“Buyer Materials”) provided by Buyer to Seller and with the exception of Tooling or Custom Tooling as defined above, any deliverables, designs, or works of authorship in any form, including modifications or derivative works thereof, that may be created or produced for Buyer during the course of Seller’s performance of services shall be deemed the sole property of Buyer and all right, title and interest therein shall be held solely by Buyer.
“Confidential Information” means any information that Buyer discloses to the Seller that is proprietary to the Buyer and not generally known to the public. The Seller will not use any Confidential Information for any purpose except for the purposes of carrying out its obligations pursuant to this Agreement. The Seller will use the same degree of care (but no less than a reasonable degree of care) to protect the secrecy of and avoid disclosure and unauthorized use of the Confidential Information as the Seller employs with respect to its own confidential and proprietary information. Upon Buyer’s written request, the Seller will destroy all documents containing or representing Confidential Information and all copies thereof, and erase any such Confidential Information from the Seller’s computer systems except electronic copies that are electronically archived and not readily accessible. If requested by Buyer, Seller will provide written confirmation of such return or destruction and erasure to Buyer.
Buyer warrants that the goods that are the subject of this transaction will not be implanted in a human body and are not subject to inspection by any regulatory authorities, including. Buyer certifies that its designs (e.g., 3D CAD models) submitted to Seller and the manufacture and delivery of goods according to the Buyer’s design will not yield goods that are in violation of any local firearms laws.
Limitation of liability
In no event shall Seller be liable, whether in contract, tort (including negligence), breach of statutory duty or otherwise for any loss of profit or any indirect or consequential loss of any kind. Buyer acknowledges that the estimated and actual fees and charges paid for the services reflect this limitation of liability and allocation of risk. The total aggregate liability of Seller or its suppliers to Buyer under this agreement shall in no event exceed the total sums paid by buyer to Seller for the order giving rise the liability.
The Seller will use the personal information provided by the Buyer:
to supply the products to the Buyer;
to process the Buyer’s payment; and
if agreed with the Buyer during the order process, to give the Buyer information about similar products. This may be stopped at any time by the Buyer contacting the Seller at email@example.com.
Miscellaneous. If any provision or part-provision of this Agreement is or becomes invalid, illegal or unenforceable, it shall be deemed modified to the minimum extent necessary to make it valid, legal and enforceable. If such modification is not possible, the relevant provision or part-provision shall be deemed deleted. Any modification to or deletion of a provision or part-provision under this section shall not affect the validity and enforceability of the rest of this Agreement. The Agreement and any dispute or claim arising out of or in connection with it or its subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the local law of Lithuania.
All documents, notices and legal proceedings executed, given or instituted pursuant to or relating directly hereto shall be in the English language, and the meaning of all words and phrases of this offer shall be defined, construed and interpreted in the English language.
Revised September 2020
Our commitment to quality enables our mission to meet our customers' needs for quality prototypes and on-demand manufactured parts at unprecedented speeds.
Micromolds is committed to:
Delivering quality parts on time
Meeting or exceeding our commitments to our customers
Meeting applicable and regulatory requirements
Continually improving our processes, products and services
Developing and maintaining the skills of our employees
Revised September 2020