These general Terms and Conditions apply to all purchases made from IC3D, Inc. (“IC3D”, “us”, or “we). These Terms and Conditions (“Agreement”) apply to purchases by you (“Customer” or “you”) of products, services, and support, including warranties and warranty service (“Product”) sold in the United States by IC3D, including its affiliates or subsidiaries. By placing an order for the Product, you accept and are bound to the terms of this Agreement. If you have placed an order but do not wish to be subject to these Terms and Conditions, you must promptly cancel your order before it enters production or otherwise becomes non-cancellable. This Agreement may NOT be altered or amended unless agreed to in writing and signed by both you and IC3D.

1. Terms of Sale

By placing an order with IC3D, Customer is (1) offering to purchase a Product, (2) representing that Customer is of legal age to form a binding contract, and (3) representing that all information Customer provides to IC3D in connection with such order is true and accurate and Customer is an authorized user of the payment method provided. The receipt by Customer of an order confirmation does not constitute IC3D’s acceptance of an order. IC3D retains the right to refuse any order request made by Customer. IC3D is not responsible for pricing, typographical, or other errors in any offer by IC3D, and IC3D reserves the right to cancel any orders arising from such errors.

Prior to IC3D’s acceptance of an order, verification of information may be required. IC3D reserves the right at any time after receipt of Customer’s order to accept, modify, or decline the order, or any portion thereof, for any reason whatsoever, even after Customer’s receipt of an order confirmation from IC3D. IC3D reserves the right to limit the number of items ordered and to refuse service to Customer without prior notification. If payment has already been made or if Customer’s account has already been charged for the purchase and the order is altered or cancelled by IC3D, IC3D will credit Customer’s account in the amount of the change or cancellation.

2. Payment, shipping, and taxes

Acceptable forms of payment are within IC3D’s sole discretion, and, unless otherwise agreed to by IC3D, payment must be received by IC3D prior to IC3D’s acceptance of an order. Invoices are due and payable within 30 days unless a different time period is noted on Customer’s invoice. IC3D may invoice parts of an order separately.

Shipping, handling, and tax are additional and are the sole responsibility of the Customer unless otherwise expressly indicated at the time of sale (See IC3D’s current Shipping Policy here). Title to Product passes from IC3D to Customer upon shipment to Customer. Loss or damage that occurs during shipping by a carrier selected by IC3D is IC3D’s responsibility. Loss or damage that occurs during shipping by a carrier selected by Customer is Customer’s responsibility. Customer must notify IC3D within 7 days of receipt of shipment if Customer believes any part of a purchase is missing, incorrect, or damaged. Shipping and delivery dates are estimates only.

3. Warranty provisions

The limited warranties applicable to IC3D-branded Products can be found on the Warranties page of the IC3D website or in the documentation provided by IC3D with the Product. IC3D warranties are effective upon payment in full, and IC3D is not obligated to honor any warranty or provide service until IC3D receives payment in full. IC3D makes no warranties whatsoever for non-IC3D-branded products unless otherwise stated in writing by IC3D at time of sale. Any third-party product, software, service, maintenance, or support is provided by IC3D “as is” and any third-party warranties, products, software, services, maintenance, or support are provided by the original manufacturer or supplier, not by IC3D. If Customer purchases third-party-branded products, services, maintenance, or support, additional third-party terms and conditions may apply.

4. Return and refund policy

Customer acknowledges and agrees to abide by IC3D’s Return and Refund Policy for the Product, which may be viewed on the IC3D website.

5. Not for resale or export

Customer agrees to comply with all applicable laws and regulations of the various states and of the United States. Customer agrees and represents that Customer is buying the Product for Customer’s own use only and not for the purpose of resale or export. (Please contact IC3D if you are interested in being a reseller; IC3D has separate terms governing resale of IC3D products by third parties.) IC3D products, which may include technology and software, are subject to U.S. export laws. Customer shall not export, re-export, or otherwise transmit, directly or indirectly, any IC3D products except in full compliance with all U.S. export control laws and regulations. These obligations shall survive the termination of the Agreement.

6. Software license

Software is subject to the separate software license agreement accompanying or made available to Customer in connection with the software. If no license terms accompany software made available to Customer by IC3D in connection with Product, then, subject to IC3D’s rights in the software and Customer’s compliance with the terms set forth in this Agreement, IC3D hereby grants Customer a personal, nonexclusive license to access and use such software only during Customer’s use of the Product and solely as necessary for Customer to enjoy the benefit of the Product. Software may contain or consist of open source software, which may be used under the terms and conditions of the specific license under which the open source software is distributed. Customer agrees to be bound by any and all such license agreements. Title to software remains with the applicable licensor(s).

7. Governing law

Customer and IC3D agree that this Agreement, any sales hereunder, or any claim, dispute or controversy whatsoever between Customer and IC3D arising from or relating to this Agreement, including its interpretation, shall be governed by the laws of the State of Ohio, without regard to its conflict of law provisions. Customer and IC3D further agree to the exclusive jurisdiction of and venue in state or federal courts located in Franklin County, Ohio for any claim, dispute, or controversy arising from this Agreement.

Last Updated: 23 July 2021