THIS DOCUMENT CONTAINS VERY IMPORTANT INFORMATION REGARDING YOUR RIGHTS AND OBLIGATIONS, AS WELL AS CONDITIONS, LIMITATIONS, AND EXCLUSIONS THAT MIGHT APPLY TO YOU. PLEASE READ IT CAREFULLY. BY PLACING AN ORDER FOR PRODUCTS OR SERVICES FROM THIS WEBSITE, YOU ACCEPT AND ARE BOUND BY THESE TERMS AND CONDITIONS. YOU MAY NOT ORDER OR OBTAIN PRODUCTS OR SERVICES FROM THIS WEBSITE IF YOU (A) DO NOT AGREE TO THESE TERMS, (B) ARE NOT THE OLDER OF (i) AT LEAST 18 YEARS OF AGE OR (ii) LEGAL AGE TO FORM A BINDING CONTRACT WITH OSH CUT INC, AND (C) ARE PROHIBITED FROM ACCESSING OR USING THIS WEBSITE OR ANY OF THIS WEBSITE’S CONTENTS, GOODS OR SERVICES BY APPLICABLE LAW.
These Terms and Conditions (these “Terms”) govern the purchase and sale of products and services (“Products”) from OSH Cut Inc. (“OSH Cut”, “Company”, “we”, “us” or “our”). These Terms are subject to change by OSH Cut without prior notice at any time, in our sole discretion. The most current version will be posted on www.oshcut.com (the “Site”), and you should review these Terms prior to placing any order.
Your submission of an order constitutes an offer to purchase the Products under these Terms. We reserve the right to accept or reject any order at our sole discretion. Once an order enters production, it is non-cancellable without our written consent and may incur change or cancellation fees.
(a) All prices are subject to change without notice. Quoted prices are good-faith estimates and subject to adjustment after technical review. We are not responsible for typographical or other pricing errors and reserve the right to cancel orders arising from such errors.
(b) Payment terms are at our sole discretion. Prices are exclusive of taxes, duties, and fees unless expressly stated. You represent that all payment information is accurate and that you are authorized to use the payment method. You agree to pay all charges, including applicable sales, use, excise, and other taxes.
(c) For non-terms orders, we may charge your payment method upon release of material to production, during manufacturing, or upon shipment/pickup, at our discretion.
We will arrange shipment to the address you provide. You are responsible for all shipping and handling charges. Title and risk of loss pass to you upon delivery of the Products to the carrier. All delivery dates are estimates only. We are not liable for delays by carriers or other third parties.
You must inspect all Products promptly upon receipt and notify us in writing of any defects within thirty (30) business days. Failure to do so constitutes acceptance. Our sole obligations and your exclusive remedies for defective, damaged, or nonconforming Products are, at our option, repair, replacement, credit, or refund (in our sole discretion). We do not guarantee cosmetic finish quality.
Customer retains all rights, title, and interest in and to any designs, drawings, specifications, files, or other materials submitted to OSH Cut (“Customer Materials”). OSH Cut shall use Customer Materials solely for the purpose of quoting, manufacturing, inspecting, and delivering the products or services requested by Customer.
OSH Cut will not disclose, share, sell, license, or otherwise make Customer Materials available to any third party, except to employees, contractors, and service providers who have a need to know such information for the sole purpose of manufacturing parts and who are subject to confidentiality obligations. OSH Cut may also disclose Customer Materials if required to do so by law, regulation, or valid legal process.
OSH Cut does not acquire any ownership rights in Customer Materials. All rights not expressly granted are reserved to Customer.
You represent and warrant to OSH Cut that:
THE PRODUCTS ARE PROVIDED “AS IS” AND “WITH ALL FAULTS.” OSH CUT DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. Metals are sourced from third-party suppliers, and we do not independently test or verify material properties. We rely solely on supplier information and make no representations regarding tensile strength, fatigue limits, or suitability of materials or designs. You are solely responsible for selecting appropriate materials and designs.
Any suggestions or design-for-manufacturability feedback is for informational purposes only. You acknowledge that we do not provide engineering services, design validation, or professional advice. You remain solely responsible for the performance, safety, and suitability of the Products in your application.
The Products are not intended, designed, or certified for use in life-safety critical, aerospace, defense, medical, nuclear, automotive safety, or other mission-critical applications where failure could result in death, injury, or significant property damage. You assume all risk for any such use.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL OSH CUT OR ITS AFFILIATES BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFITS, ARISING OUT OF OR RELATED TO THESE TERMS OR THE PRODUCTS, EVEN IF ADVISED OF THE POSSIBILITY. OUR TOTAL AGGREGATE LIABILITY SHALL NOT EXCEED THE AMOUNTS ACTUALLY PAID BY YOU TO US FOR THE SPECIFIC PRODUCTS GIVING RISE TO THE CLAIM.
You shall indemnify, defend, and hold harmless OSH Cut and its officers, directors, employees, agents, and suppliers from and against any and all claims, losses, damages, liabilities, costs, and expenses (including reasonable attorneys’ fees) arising out of or related to: (a) your Customer Data or specifications; (b) any allegation of intellectual property infringement related to the Products; (c) your breach of any representation or warranty (including export compliance); (d) your use, modification, or integration of the Products; or (e) any violation of applicable law.
We will not be liable or responsible to you, nor be deemed to have defaulted or breached these Terms, for any failure or delay in our performance when and to the extent such failure or delay is caused by or results from acts or circumstances beyond our reasonable control, including, without limitation, acts of God, flood, fire, earthquake, explosion, governmental actions, war, invasion or hostilities (whether war is declared or not), terrorist threats or acts, riot or other civil unrest, national emergency, revolution, insurrection, epidemic, lockouts, strikes or other labor disputes (whether or not relating to our workforce), or restraints or delays affecting carriers or inability or delay in obtaining supplies of adequate or suitable materials, materials or telecommunication breakdown or power outage.
All matters arising out of or relating to these Terms are governed by and construed in accordance with the internal laws of the State of Utah without giving effect to any choice or conflict of law provision or rule. You irrevocably consent to the exclusive jurisdiction and venue of the state and federal courts located in Utah County, Utah for any dispute arising under these Terms.
If any provision of these Terms is held to be invalid or unenforceable, the remaining provisions shall remain in full force and effect. All provisions relating to limitation of liability, disclaimer of warranties, indemnification, and allocation of risk shall survive termination or completion of any order.
These Terms, together with our Website Terms of Use and Privacy Policy, constitute the final and integrated agreement between you and us on the matters contained herein and supersede all prior agreements.