All communication with our customers is treated as confidential. All customer files and emails will not be shared or disclosed to any party outside of Sserg LLC. We will request written consent from a customer, if we would like to share a file or email.
If an order is received, electronically or otherwise, by Sserg LLC, the order is binding.
Due to limitations of service or complexity of a project, Sserg LLC reserves the right to reject any order for any reason.
FDM parts created by Sserg LLC are meant only as geometric representations of designs and are not meant for functional testing, unless otherwise acknowledged by Sserg LLC on an order's invoice. Serg LLC guarantees that all FDM parts are to be free of manufacturing defects. Sserg LLC should be notified of an order cancellation as soon as desired by the customer. We will make our best efforts to ship within the estimated ship date but, due to FDM machinery failure or natural forces, shipments may be delayed.
If the customer is not reasonably satisfied with a FDM part, and the customer notifies Sserg LLC within two business days of receiving such part, the customer may return the part at their own expense and receive a full refund of fees for that part, excluding shipping charges and applicable taxes. Failure to return a part within two business days shall be deemed acceptance of the part by the customer. Orders may be canceled if the manufacturing process has not begun. However, services such as file conversions that have already been processed will be the customer's responsibility.
All rights to a design, title and interest, including all trade secrets, copyrights, mask work, and trademarks as pertaining to any specifications and the applicable FDM part shall be owned solely by the customer.
Sserg LLC acknowledges and agrees that any specifications, documentation, and communication pertaining thereto may contain valuable proprietary information, ideas, expressions, and opinions of the customer. Sserg LLC shall use no less than a reasonable degree of care to maintain all such confidential information confidential. The foregoing obligations of confidentiality shall not apply to information in Sserg LLC’s or its affiliates’ possession before disclosure by the customer, information independently disclosed to, or developed by any other party, information that is generally publicly available, nor to any disclosure of information required by law or court order.
The customer acknowledges the following for any FDM parts created by Sserg LLC: (a) each prototype is for visual purposes only and is not intended for functional testing, tooling or fixture, or any actual uses; (b) each prototype is not a precise replica, but only a geometric representation that is not exact in terms of material composition and surface quality; and (c) any uses that the customer makes of a prototype are entirely the customer's responsibility.
The Customer hereby warrants that (a) the affiliates’ use of the specifications and such other materials provided by the customer to produce a prototype will not violate or infringe any intellectual property of any third party; and (b) any files or software delivered by the customer to Sserg LLC will be free of any viruses, and other harmful data.
The customer shall indemnify, defend and hold harmless Sserg LLC and their directors, officers, employees, and affiliates from all losses, liabilities, damages, and expenses (including reasonable attorneys’ fees and costs) that they may suffer as a result of any claims, demands, actions or other proceedings made or instituted by any third party against any of them and arising out of: (I) any claim that any specifications, prototypes or any other materials provided to an affiliate in connection with an order infringe the intellectual property of any third party; or (II) any use of a prototype by the customer or its employees, agents or contractors.
Neither the customer or Sserg LLC shall be held responsible for the discloser of confidential information to the extent that such breach is caused by factors outside its reasonable ability to foresee and avoid (provided that such party makes diligent good faith efforts to remedy the breach as soon as possible), including without limitation war, acts of God, terrorism, natural disaster, or third party communications or encryption failure.
The parties hereto are independent contractors and are not, and shall not represent themselves as, principal and agent, partners or joint venturers. No party shall attempt to act, or represent itself as having the power, to bind another party or create any obligation on behalf of another party. Each party shall be solely responsible for the employment, direction and control of its employees and their acts.
Whenever possible, each provision of this agreement will be interpreted in such manner as to be effective and valid under applicable law. The parties agree that (a) the provisions of this agreement shall be severable in the event that any of the provisions hereof are for any reason whatsoever invalid, void or otherwise unenforceable, (b) such invalid, void or otherwise unenforceable provisions shall be automatically replaced by other provisions which are as similar as possible in terms to such invalid, void or otherwise unenforceable provisions but are valid and enforceable, and (c) the remaining provisions shall remain enforceable to the fullest extent permitted by law.
The Customer shall not assign the rights and obligations under this agreement without the written consent of Sserg LLC. Any assignment in breach of this provision shall be void.