Manufacturing Excellence

Terms and Conditions

Effective Date: January 7th, 2026

These Standard Terms and Conditions (this “Agreement”) apply to any order form (including online order), quote or other purchase order (“Order”) relating to the fabrication services provided by A3D, LLC (“A3D”) to the customer identified in the applicable Order (“Customer”). A3D reserves the right to modify this Agreement from time to time and such modifications will be effective as of the Effective Date above. Placing an Order and accepting a quote for the manufacturing of a Product constitutes Customer’s acceptance of this Agreement. In consideration of the mutual covenants, terms, and conditions set forth herein, and for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties agree as follows:

Fabrication Services. Upon Customer’s submission of a valid Order and acceptance thereof by A3D, A3D will fabricate the three-dimensional object (the “Product”) based on the digital design file or other specifications provided by Customer (the “Customer Design”). The Product will be fabricated using the materials specified by Customer in the Order. Customers are responsible for ensuring that the Customer Design, and the properties and performance of the materials selected by Customer meet the requirements of Customer’s use of the Product and are fit for their intended use. A3D is not responsible for the accuracy of data provided by Customer (including CAD data). If a feature, attribute, property, or any other characteristic of a Product has an impact on safety, reliability, or performance of the Product, they must be communicated prior to the creation of the Order. Key characteristics identified after an Order has been generated may require a new Order if the characteristic are outside of the scope of work originally agreed upon. A3D will employ its proprietary fabrication process to produce the Product, which may include, without limitation, file analysis, material selection, and the use of its designated three-dimensional printing equipment.
Restrictions and Prohibited Products. Customer shall not (a) use the Products in any manner that violates applicable law, (b) create counterfeit products or replicate copyrighted, trademarked, or patented items without proper authorization, or (c) submit Customer Designs or otherwise direct A3D to manufacture items that (i) are intended for illegal activities including drug paraphernalia, lock-picking tools, or other contraband, (ii) violate export control laws or international trade restrictions, (iii) that constitute medical devices or implants without proper FDA approval and certification where FDA approval and certification is required, (iv) that constitute a firearm, or a component of a firearm without appropriate licenses, or any other type of weapon (e.g., knives, brass knuckles), or ammunition and firearm accessories, (v) are illegal to possess or manufacture under applicable law, (vi) could be used to harm others, are unsafe, or that otherwise pose a danger or public safety issue, (vii) attempt to replicate a branded good without authorization, or that otherwise infringe upon the intellectual property rights of any third party (including trade secret rights), or (viii) are obscene, pornographic, hateful, or otherwise offensive. A3D reserves the right to reject any Customer Design based on any of the foregoing or any other reasonable concern of A3D.
Fees. All fees shall be as set forth in the applicable Order. Fees quoted in an Order are valid for 30 days from the date that the Order is provided to Customer. However, fees quoted in an Order are subject to change due to changes in cost of materials, shipping or other cost of goods sold. Fees quoted in an Order may or may not include shipping, but Customer is responsible for all shipping costs. Any additional post-processes or finishing steps not explicitly quoted in an Order will not be performed. Unless agreed upon otherwise, Payment terms shall be Net 30. All terms are subject to credit approval. On overdue accounts, Customer shall pay interest at the rate of 1.5% per month (or the highest legal interest rate, if lower). Payments made by credit card shall be subject to a 3% processing fee. Where applicable, Customer shall provide A3D with a copy of tax exemption certificate, direct pay certificate or resale certificate for the “ship to” location if exemption from sales or use taxes is claimed. If Customer cancels an Order for any reason, Customer will pay the full value for work completed, materials procured, and off-the-shelf components purchased. In addition, Customer will pay to A3D a cancellation fee equal to 15% of all work that has yet to be completed.
Shipment Estimates. To place an order, Customer must submit an Order online or agree to an Order provided by A3D. The Order will contain an estimated date of shipment, which is calculated on the basis of Customer’s input data. The term of delivery generated by the online ordering system provides a preliminary estimate of the date of shipment. The estimated shipment date is based on the working conditions applicable at the time the Order is submitted and accepted. The exact shipment date depends on A3D’s receipt of materials, and any conditions that are outside of A3D’s control or conditions applicable to the third-party shipment provider. Further, the lead time identified in an Order is based on available capacity at the time of the Order. Orders that are not executed on the same day are subject to change or delays. A cut off time of 3:00pm MST is strictly enforced for the following business day to be considered “day one” of the quoted lead time. A3D is not responsible for any delays in shipment, or any changes to the estimated shipment date.
Risk of Loss. Unless otherwise agreed, all sales of Products shall be ex-works (Incoterms 2000). If Customer requires delivery of the Product other than ex-works, Customer must contact A3D and provide its shipping requirements. A3D, in its discretion, shall arrange the delivery requirements including, without limitation, transport insurance, the mode of transport and any special packaging requirements. A3D reserves the right to vary the mode of transport if any regulations or other relevant considerations so require. All costs, taxes, duties and charges related to fulfilling any of the Customer’s requests under this provision, shall be paid by the Customer, unless otherwise agreed by both parties.
Limited Warranty. A3D represents and warrants to Customer (and not to any third party) that, for a period of thirty (30) business days following the delivery of the Product (the “Warranty Period”), the Product shall conform to the specifications included in the Order (including the Customer Design). If the Product does not meet the foregoing limited warranty, then A3D will (at A3D’s option): (a) repair the Product, (b) replace the Product, or (c) refund the amount paid by Customer for the affected Product in exchange for the return of the non-conforming Products (at A3D’s cost). The foregoing is Customer’s sole remedy for any defective Product. Customer must report Product defects during the Warranty Period in order to receive the foregoing remedies. No Product return will be accepted by A3D unless Customer has notified A3D within the Warranty Period. The foregoing limited warranty does not apply to any errors, performance issues, or malfunction caused by (i) the Customer Design or Customer’s materials or other specifications, (ii) Customer’s improper use, abnormal use, Customer’s violation of this Agreement, or use that does not comply with any applicable manufacturer’s documentation or warranties, (iii) the modification of the Product by anyone other than A3D or its authorized service providers, (iv) any third party products, parts, equipment, software or other materials, (v) the negligence or intentional acts or omissions, or (vi) use in improper conditions for the Product (exposure to temperatures that are not appropriate for the Product, exposure to water where not appropriate for the Product, etc.). EXCEPT FOR THE LIMITED WARRANTY SET FORTH IN THIS SECTION 6, THE PRODUCTS ARE PROVIDED “AS IS” AND WITHOUT WARRANTY OF ANY KIND. A3D MAKES NO WARRANTIES, EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, AND EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND RELATING TO THE PRODUCT, INCLUDING, BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, AND ANY WARRANTIES ARISING FROM COURSE OF DEALING, USAGE, OR TRADE PRACTICE. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY CUSTOMER FROM A3D SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THIS AGREEMENT. SOME JURISDICTIONS MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, IN WHICH CASE SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO ALL CUSTOMERS.
Indemnification. Customer agrees to defend, indemnify and hold A3D and its officers, directors, shareholders, agents, licensees, employees, successors and assigns, harmless from and against any and all damages, liabilities, awards, losses, costs and expenses including, without limitation, reasonable attorneys’ fees and court costs arising out of or related to (a) any breach by Customer of this Agreement, (b) a claim that a Product manufactured by A3D pursuant to an Order hereunder violates any law, regulation or ordinance, (c) a claim with respect to the Product (whether arising out of product liability, strict liability, negligence or otherwise), including claims related to any injury, death or damage to any person or property caused by the Product, or (d) a claim that the Customer Design, or any Product made by A3D, or the manufacturing of the Product, infringes upon or violates any intellectual property right of any third party (including patent, trade secret, copyright, trademark, service mark, right of publicity or trade secret). A3D will notify Customer of any claim for indemnification pursuant to this Section and, upon such notification, Customer shall assume the defense of such claim. A3D may participate in any such defense using counsel of its own choosing and at its own expense.
Limitation of Liability. IN NO EVENT WILL A3D BE LIABLE UNDER OR IN CONNECTION WITH THIS AGREEMENT UNDER ANY LEGAL OR EQUITABLE THEORY, INCLUDING BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, PRODUCT LIABILITY OR OTHERWISE, FOR ANY: (A) CONSEQUENTIAL, INCIDENTAL, INDIRECT, EXEMPLARY, SPECIAL, ENHANCED, OR PUNITIVE DAMAGES, (B) INCREASED COSTS, DIMINUTION IN VALUE OR LOST BUSINESS, PRODUCTION, CONTRACTS, REVENUES, OR PROFITS, (C) LOSS OF USE, ENJOYMENT, GOODWILL OR REPUTATION, (D) USE, INABILITY TO USE, LOSS, INTERRUPTION, DELAY, OR RECOVERY OF ANY DATA, OR BREACH OF DATA OR SYSTEM SECURITY, (E) COST OF REPLACEMENT GOODS OR SERVICES, OR (F) INJURY, DEATH OR PERSONAL PROPERTY DAMAGE, IN EACH CASE REGARDLESS OF WHETHER A3D WAS ADVISED OF THE POSSIBILITY OF SUCH LOSSES OR DAMAGES OR SUCH LOSSES OR DAMAGES WERE OTHERWISE FORESEEABLE. IN NO EVENT WILL A3D’S TOTAL AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THE PRODUCT OR THIS AGREEMENT UNDER ANY LEGAL OR EQUITABLE THEORY, INCLUDING BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, PRODUCT LIABILITY OR OTHERWISE EXCEED THE GREATER OF (I) THE TOTAL AMOUNTS RECEIVED BY A3D FROM CUSTOMER IN FOR THE PRODUCT AT THAT THE LIABILITY AROSE FROM, AND (II) $100. CERTAIN JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO CUSTOMER, SOME OR ALL OF THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO CUSTOMER, AND CUSTOMER MIGHT HAVE ADDITIONAL RIGHTS.
Intellectual Property. As between A3D and Customer, Customer owns all right, title and interest in and to the Customer Design and any Confidential Information (as defined in Section 11) submitted by Customer to A3D for purposes of fabricating the Product. Customer hereby grants to A3D a non-exclusive, royalty-free, worldwide license to use, reproduce, modify, and create derivative works of the Customer Design for the purpose of providing the Product to Customer as described in the applicable Order, and for developing, testing and training A3D proprietary fabrication tools, methods, processes and software. A3D owns all right, title and interest in and to the proprietary fabrication tools, methods, processes and software used to develop the Product.
Customer Representations and Warranties. Customer represents and warrants that Customer owns or has a valid right to use the Customer Design and Customer’s Confidential Information provided to A3D sufficient to allow A3D to manufacture and create the Products so ordered by Customer.
Confidentiality. Each party (“Disclosing Party”) may disclose to the other party (“Receiving Party”) certain non-public, proprietary, or confidential information, whether in written, oral, electronic, or other form, that is designated as confidential or that reasonably should be understood to be confidential given the nature of the information and the circumstances of disclosure (“Confidential Information”). The Receiving Party agrees to maintain the confidentiality of the Disclosing Party’s Confidential Information and to use it solely for the purpose of performing its obligations under this Agreement. Confidential Information does not include information that: (a) is or becomes publicly available through no breach of this Agreement by the Receiving Party; (b) is lawfully received from a third party without restriction and without breach of any obligation; (c) is independently developed by the Receiving Party without use of or reference to the Disclosing Party’s Confidential Information; or (d) is required to be disclosed by law, regulation, or court order, provided that the Receiving Party gives prompt written notice to the Disclosing Party (to the extent legally permitted) and cooperates with the Disclosing Party to seek a protective order or other appropriate remedy. The obligations in this clause shall remain in effect for a period of three (3) years from the date of disclosure of the Confidential Information, regardless of the termination or expiration of this Agreement.
Specific Limitations & Certifications.
1. Product Specifications
  1. Thickness. The minimum guaranteed wall thickness is 1.0 mm, through ~0.7mm is achievable for small features.
  2. Material Tolerances. Product warp is a common and normal occurrence, the severity of which depends on part geometry. Upon request, A3D will measure up to four linear dimensions as part of quality control at no additional charge. Product tolerances are unique to each technology and are as follows: FDM ± .127mm | .002mm/mm X/Y Tolerance ± Slice Height MJF ± 0.3mm | 0.003mm/mm ±0.5mm | 0.005mm/mm SLS ±0.3mm | .003mm/mm SLA ±0.2mm | 0.002mm/mm
  3. MJF Specifics: Manufacturing witness marks such as but not limited to layer lines (visible discrete topological lines) or menisci (slight sink along edges of flat upward facing surfaces) are considered to be normal and A3D is not liable to reprint. Excessively thick parts where the wall cross-sections of a part exceed 6.35mm (0.25in) in thickness, A3D will not be liable for part quality issues arising from these types of parts. Features with any dimension less than 1.0mm (0.039in), A3D will not be liable for part quality issues arising from these types of parts. For more information reference A3D – 005 – MFJ Tolerance and Information.
  4. FDM: Supplemental information can be found in the document titled A3D – 008 – FDM Tolerance and Information
  5. SLA: Supplemental information can be found in the document titled A3D – 006 SLA Tolerance and Information.
  6. SLS: Supplemental information can be found in the document titled A3D – 007 – SLS Tolerance and Information.
  7. 3-D Scanning: When utilizing 3D scanning services, Customer acknowledges that the scanner is only able to create a representation of the Product being scanned. Design intent and controls are not captured when creating a model from a physical part. 3D scanning projects are subject to the requirements of A3D Specification: “A3D-001 – 3D Scanning Notice.”
2. First Article & Inspection Reports. A comprehensive First Article Inspection Report (FAIR) and inspection plans are quoted separately on a per Order basis. FAIR and inspection plans cannot be included or added into an existing order after the Order has been placed. FAIRS and Inspection plans identified as requirements after the order has been placed, will require a new quote. FAIRs and Inspection plans can be ordered to reflect previous Orders so long as A3D still has access to the Products, and they haven’t already been delivered to the Customer. When a production run is dependent on the approval of first article pieces, communication and timely responses from the customer are paramount to meeting quoted lead times. All first articles sent out for Customer approval are subject to the requirements of A3D Specification: “A3D-003-First Article Inspection”.
3. Material Certificate of Compliance. Certifications of Conformance documentation must be requested at the time of quote. A3D cannot guarantee such documents may be made available after the order is placed.
Export Control. Customer acknowledges that A3D may employ individuals both in and outside of the United States. It is Customer’s sole responsibility to notify A3D if any materials provided by Customer or within the Customer Design are subject to export control restrictions. Customer shall comply with all export control restrictions and shall not export, re-export, or otherwise transmit, directly or indirectly, any materials except in full compliance with all U.S. export control laws and regulations. These obligations shall survive the termination of the Agreement. Further, Customer agrees the items, technology/technical data and/or services will not be used for any purposes, to include design, production, assembly, testing, operation, integration, installation, inspection, maintenance, repair, overhaul, or refurbishment, related to a military or defense application or military end-use or by a military end-user in the People’s Republic of China, Venezuela, Burma (Myanmar), Russia or any other country, state or province named in US Regulation 744.21 Supplement 2. The Software, Equipment and Materials will not be re-exported, sold or otherwise re-sold or transferred to a destination subject to UN, EU or OSCE embargo where that act would be in breach of the terms of that embargo sold, or transferred in violation of Regulation (EU) 2021/821 of the European Parliament and of the Council of 20 May 2021 setting up a union regime for the control of exports, brokering, technical assistance, transit and transfer of dual-use items. Customer will not sell, transfer, export, or re-export any items received from A3D for use in activities that involve nuclear explosive activities, unsafeguarded nuclear activities, nuclear fuel cycle or nuclear propulsion activities, or in the design, development, production, stockpiling, or use of chemical weapons, biological weapons, missiles, rocket systems or unmanned aerial vehicles (UAV).
Miscellaneous. This Agreement, together with the Order constitutes the sole and entire agreement of the parties with respect to the subject matter of this Agreement and supersedes all prior and contemporaneous understandings, agreements, and representations and warranties, both written and oral, with respect to such subject matter. The parties to this Agreement are independent contractors and nothing in this Agreement will be deemed or construed as creating a joint venture, partnership, agency relationship, franchise, or business opportunity. Neither party, by virtue of this Agreement, will have any right, power, or authority to act or create an obligation, express or implied, on behalf of the other Party. All notices, requests, consents, claims, demands, waivers (each, a “Notice”) must be in writing and addressed to the parties at the addresses set forth in the Order (or to such other address that may be designated by the party giving notice from time to time). All Notices must be delivered by personal delivery, nationally recognized overnight courier (with all fees pre-paid) (with confirmation of transmission), or certified or registered mail (in each case, return receipt requested, postage pre-paid) to the address set forth above. Except as otherwise provided in this Agreement, a Notice is effective only: (a) upon receipt by the receiving party, and (b) if the party giving the Notice has complied with the requirements of this Section. No amendment to or modification of this Agreement is effective unless it is in writing and signed by an authorized representative of each party. No waiver by any party of any of the provisions hereof will be effective unless explicitly set forth in writing and signed by the party so waiving. Except as otherwise set forth in this Agreement, (i) no failure to exercise, or delay in exercising, any rights, remedy, power, or privilege arising from this Agreement will operate or be construed as a waiver thereof, and (ii) no single or partial exercise of any right, remedy, power, or privilege hereunder will preclude any other or further exercise thereof or the exercise of any other right, remedy, power, or privilege. If any provision of this Agreement is invalid, illegal, or unenforceable in any jurisdiction, such invalidity, illegality, or unenforceability will not affect any other term or provision of this Agreement or invalidate or render unenforceable such term or provision in any other jurisdiction. Customer may not assign or transfer any of its rights or delegate any of its obligations hereunder, in each case whether voluntarily, involuntarily, by operation of law, or otherwise, without the prior written consent of A3D. Any purported assignment, transfer, or delegation in violation of this Section is null and void. This Agreement is binding upon and inures to the benefit of the parties hereto and their respective permitted successors and assigns. Each Party acknowledges and agrees that a breach or threatened breach by such Party of any of its obligations under Section 9 or Section 10 would cause the other party irreparable harm for which monetary damages would not be an adequate remedy and agrees that, in the event of such breach or threatened breach, the other party will be entitled to seek equitable relief, including a restraining order, an injunction, specific performance, and any other relief that may be available from any court, without any requirement to post a bond or other security, or to prove actual damages or that monetary damages are not an adequate remedy. Such remedies are not exclusive and are in addition to all other remedies that may be available at law, in equity, or otherwise. This Agreement is governed by and construed in accordance with the internal laws of the State of California without giving effect to any choice or conflict of law provision or rule that would require or permit the application of the laws of any jurisdiction other than those of the State of California. Any dispute that is not resolved by the parties within thirty (30) days of Notice thereof shall be settled by arbitration administered by the American Arbitration Association (“AAA”) under its Commercial Arbitration Rules, and judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. Notwithstanding the foregoing, if Customer is purchasing Software, Services, or Equipment to use in the European Union, this Agreement is governed by the laws of Ireland without giving effect to its conflicts of laws rules. The United Nations Convention on Contracts for the International Sale of Goods (“CISG”) is expressly excluded. You agree to the exclusive jurisdiction of the courts of the Dublin, Ireland for any dispute arising from or related to this Agreement.

By proceeding with the submission or provision of any product or material, you acknowledge that you have read, understood, and agreed to be bound by these terms and conditions.

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