Terms and Conditions

Effective Date: [May 4, 2023]

These Terms and Conditions (“Terms”) constitute a legally binding agreement between Mega Fab Technologies (“the Company”) and any client, buyer, or partner (“Client” or “you”) utilizing our manufacturing, fabrication, consulting, or commercial services (“Services”).

1. Acceptance and Governing Agreement

Binding Nature: By submitting a Purchase Order (PO), providing technical specifications, or accepting a quote, you agree to be bound by these Terms and the Privacy Policy.
Order of Precedence: These Terms are secondary to any specific, mutually executed Master Supply Agreement or Non-Disclosure Agreement (NDA). In case of conflict, the specific, signed agreement prevails.

2. Purchase Orders, Specifications, and Changes

Quotations: Quotes provided by the Company are invitations to treat and are valid only for the period specified.
PO Acceptance: All POs are subject to written acceptance by the Company. Acceptance only binds the Company to the extent of the specifications provided in the accepted PO.
Client Specifications: The Client warrants that all technical drawings, specifications, CAD models, and materials provided for fabrication are complete, accurate, and suitable for the intended manufacturing process.
Changes: Any changes requested by the Client after PO acceptance may incur additional charges, require adjustment to delivery schedules, and must be documented via a formal Change Order signed by both parties.

3. Fees, Billing, and Payment

Pricing: Prices are based on material costs, labor rates, and manufacturing complexity at the time of quotation. Prices are exclusive of all duties, shipping costs, insurance, and taxes, which are the sole responsibility of the Client.
Payment Terms: Payment terms (e.g., deposit required, Net 30 days) shall be specified in the Order Confirmation.
Retention of Title: Title (ownership) of the manufactured goods does not pass to the Client until the Company has received payment in full for those goods. Risk of loss passes to the Client upon delivery (per the agreed Incoterms).

4. Intellectual Property (IP) and Confidentiality

Client IP: All designs, proprietary data, and technical specifications provided by the Client for fabrication remain the sole and exclusive property of the Client. The Company shall not use such IP for any other purpose or client without express written permission.
Company IP: All manufacturing techniques, processes, proprietary software, fixtures, tooling, and general industry knowledge developed or used by the Company remain the exclusive property of Mega Fab Technologies.
IP Indemnification: The Client warrants that the designs, specifications, and components provided to the Company do not infringe upon the IP rights of any third party. The Client agrees to indemnify and hold the Company harmless against all claims, damages, or expenses arising from any third-party IP infringement claim related to the Client’s design or specifications.

5. Delivery, Inspection, and Acceptance

Incoterms: Delivery shall be governed by the agreed Incoterms (e.g., EXW, FOB) specified in the Order Confirmation.
Warranty Inspection: The Client must inspect all goods immediately upon delivery. Claims for shortages, damage during transit, or non-conformity to specifications must be submitted in writing within [Insert Days, e.g., ten (10) business days] of receipt. Failure to submit a timely claim constitutes final acceptance of the goods.

6. Warranties and Limitation of Liability

Limited Fabrication Warranty: The Company warrants that the goods will be fabricated in a professional manner in accordance with the accepted specifications and will be free from defects in material and workmanship for a period of [Insert Months, e.g., six (6) months] from delivery.
Exclusions: This warranty does not cover defects resulting from: (a) improper installation or handling by the Client, (b) designs or specifications supplied by the Client, or (c) normal wear and tear.
DISCLAIMER: THE FOREGOING WARRANTY IS EXCLUSIVE AND IN LIEU OF ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.
Total Liability: IN NO EVENT SHALL MEGA FAB TECHNOLOGIES BE LIABLE FOR ANY CONSEQUENTIAL, INDIRECT, SPECIAL, PUNITIVE, OR INCIDENTAL DAMAGES (INCLUDING LOSS OF PROFITS, DATA, OR USE) ARISING FROM THESE TERMS OR THE GOODS SUPPLIED. THE COMPANY’S LIABILITY IS STRICTLY LIMITED TO THE REPLACEMENT OR REPAIR OF NON-CONFORMING GOODS OR, AT THE COMPANY’S OPTION, REFUNDING THE PURCHASE PRICE PAID FOR THOSE SPECIFIC NON-CONFORMING GOODS.

7. Force Majeure

The Company shall not be liable for any failure or delay in performance due to causes beyond its reasonable control, including but not limited to, material shortages, supply chain disruption, power failures, pandemics, governmental regulations, or acts of war/terrorism.

8. Governing Law and Dispute Resolution

These Terms and any commercial dispute shall be governed by and construed in accordance with the laws of [Insert the Country/Jurisdiction, e.g., India]. The parties agree that the courts located in [Insert the relevant city, e.g., Vadodara] shall have exclusive jurisdiction over any disputes arising under these Terms.

9. 📢 Notification and Communication Consent

By accepting these terms, you acknowledge and consent to receive notifications and promotional communications from us through various channels, including but not limited to email, mobile push notifications, SMS, RCS (Rich Communication Services), WhatsApp, or any other digital communication platforms.

If you prefer not to receive such updates or marketing communications, you may opt out by contacting us at info@megafabtechnologies.shop.