Customer Terms of Sale
These Customer Terms of Sale ("Sale Terms") govern purchases of products and services from Key3D Fabrication, LLC ("Key3D," "we," "us") through key3-d.com, client.key3-d.com, a Key3D quote, or the client portal. They supplement our Website Terms of Service and Privacy Policy.
1. Acceptance, Quotes, and Orders
When the Site presents these Sale Terms beside an order, quote-acceptance, authorization, or payment action, selecting that action is your electronic signature and affirmative acceptance of this version. We may record the accepted version, date and time, account or request identifier, and related security records. The version accepted for an order continues to govern that order.
Catalog prices, automated calculations, and draft or in-review quotes are estimates and not offers. A binding order forms only when Key3D issues an order confirmation after any required engineering review, proof approval, scope confirmation, and payment authorization. We may decline or cancel a request before confirmation because of manufacturability, safety, capacity, export-control, intellectual-property, pricing, fraud, or other legitimate concerns. If we cancel work we will not produce, we will release an uncaptured authorization or refund the corresponding amount paid.
2. Pricing, Taxes, Shipping, and Payment
Prices are in U.S. dollars. Taxes and shipping are added unless the confirmed quote expressly includes them. The customer is responsible for applicable sales, use, customs, import, and similar charges other than taxes imposed on Key3D's income.
Guest checkout: Stripe authorizes the confirmed order total when the customer submits payment. An authorization may appear as a temporary hold and is not a completed charge. Key3D captures the authorized amount only after a working part is confirmed. If an authorization expires, is declined, or cannot be captured, we may request a new authorization or payment method before completing or shipping the order.
Portal invoices: Key3D prepares a digital proof for your approval before fabrication begins. You provide a payment method when you place the order; it is authorized at that time and nothing is charged. When you approve the proof, the approved amount is charged in full and fabrication is released. Fabrication does not begin until that payment clears. If the authorized payment method can no longer be charged, for example because the authorization has expired, your order waits and the portal asks you for a current payment method; no work begins until it clears. Catalog and model-file parts have no print proof; the order is charged in full when you accept the quote, and fabrication starts within one business day of payment. There are no net-15 or net-30 terms unless Key3D expressly agrees otherwise in writing. Standard ground shipping to all 50 states is included in the approved amount.
Reorders: For a part built from your file or a custom build, the reorder unit price is 50 percent of the first-order unit price shown on the accepted quote.
Stripe collects payment credentials directly through Stripe-hosted fields. Key3D does not receive or store full card numbers or card security codes. We retain limited payment metadata, such as the Stripe PaymentIntent identifier, amount, currency, status, timestamps, receipt email, and masked card details when available. Refunds are issued to the original payment method when practicable; bank and card-network posting times are outside Key3D's control.
3. Customer Content, Rights, and Confidentiality
You retain ownership and intellectual-property rights in CAD files, drawings, models, specifications, and other material you submit ("Customer Content"). You grant Key3D a limited, non-exclusive license to host, copy, process, and use Customer Content only to evaluate, quote, prove, manufacture, deliver, support, and enable approved reorders; secure and operate the Services; and meet legal obligations.
You represent and warrant that you own or have all rights and permissions needed for Customer Content and the requested products, and that our authorized use and manufacture will not infringe or violate another party's rights or law. You agree to defend and indemnify Key3D against third-party claims and reasonable costs arising from a breach of that representation. Do not submit classified or export-controlled technical data unless Key3D has first agreed in writing to an appropriate handling process.
Key3D treats Customer Content as confidential, limits access to personnel and providers who need it for the approved work, does not use it to make parts for another customer, and will follow any separately signed nondisclosure agreement. We retain and delete Customer Content as described in the Privacy Policy, taking account of active work, approved reorder support, legal holds, and a customer's verified deletion request.
4. Specifications, Proofs, and Customer Approval
The confirmed quote, drawings, specifications, tolerances, materials, finish, quantity, and any approved proof define the order. You are responsible for reviewing proofs and order details before approval. Changes requested after approval may change price and timing. If Customer Content contains an ambiguity or conflict, Key3D may pause work and request written direction.
5. Production and Lead Times
Fabrication starts within one business day of the paying moment, which is proof approval for custom builds and acceptance for catalog and model-file parts; the estimated ship time is stated per job. Stated review, production, and shipment times are good-faith targets, not guarantees. Timing begins only after order confirmation and all required information, approvals, and authorizations are received. Estimates may change because of engineering review, customer changes, material availability, equipment maintenance, carrier delays, or events outside our reasonable control. We will communicate material changes when practicable.
6. Shipping, Delivery, Title, and Risk of Loss
We ship to the confirmed address using the stated or a commercially reasonable carrier and may provide tracking. Title passes after Key3D receives full payment. Risk of loss or damage passes upon documented delivery to the confirmed address. If you instruct us to use your carrier or account, risk passes when we tender the order to that carrier. Notify us promptly of an address error or carrier issue; rerouting or reshipment caused by incorrect customer information may incur additional charges.
7. Inspection and Order Issues
Inspect the order promptly. Report an incorrect item, visible shipping damage, shortage, or readily discoverable defect within 14 days after delivery by contacting contact@key3-d.com with the order number, description, and available photos. Keep the product and packaging until we provide instructions. A failure to report a visible issue within 14 days does not shorten the separate 60-day coverage for a latent covered defect.
8. 60-Day Make-It-Right Guarantee
If a product fails to meet the agreed specification or has a defect in Key3D materials or workmanship, notify us within 60 days after delivery. After reasonable inspection, Key3D will, at its option, repair, remake, replace, or refund the affected product as the exclusive remedy for the covered issue. If we require return of a product for an approved claim, we will provide return instructions and a prepaid shipping label. Approved guarantee claims carry no restocking or processing fee.
The guarantee does not cover ordinary wear; cosmetic variation within the agreed specification; misuse, accident, improper storage, unauthorized modification, or use outside stated limits; a customer-supplied design that was manufactured as approved; or an application for which the product was not certified. A replacement or remade product is covered for the remainder of the original 60-day period or 30 days after its delivery, whichever is longer.
9. Cancellations, Changes, and No Restocking Fee
You may cancel or request a change before production begins. We do not charge a restocking fee; an uncaptured authorization will be released and any amount paid for cancelled, unstarted work will be refunded. Once engineering or production has started, made-to-order products and services cannot normally be cancelled or returned for a change of mind. If we agree to a late cancellation or change, you may be responsible for completed work, committed materials, and nonrecoverable third-party costs. Those actual costs are not a restocking fee.
10. Warranty Disclaimer and Product Suitability
Except for the express 60-Day Make-It-Right Guarantee, products and services are provided "as is." To the maximum extent permitted by law, Key3D disclaims implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement. Key3D products are not certified for flight-critical, life-safety, medical-implant, pressure-boundary, or other regulated or failure-intolerant uses unless a signed writing expressly states the applicable certification and scope. You are responsible for validating suitability, installation, and safe use in your application. These disclaimers do not exclude rights that cannot lawfully be waived.
11. Limitation of Liability
11.1 Exclusions. To the maximum extent permitted by law, neither party is liable to the other for indirect, incidental, special, exemplary, punitive, or consequential damages, or for lost profits, revenue, production, data, tooling downtime, or business opportunity, arising out of or relating to an order, however caused and under any theory of liability, even if advised of the possibility.
11.2 Cap. To the maximum extent permitted by law, Key3D's total aggregate liability arising out of or relating to an order, its products, and related services will not exceed the amount paid or payable to Key3D for the affected order.
11.3 Carve-outs. The exclusions and cap in 11.1 and 11.2 do not apply to (a) a party's gross negligence, fraud, or willful misconduct; (b) either party's breach of Section 3 (Customer Content, Rights, and Confidentiality); (c) either party's indemnification obligations under Section 11A; (d) bodily injury or death caused by a party's negligence; or (e) liability that cannot lawfully be limited.
11.4 Exclusive remedy. The 60-Day Make-It-Right Guarantee (Section 8) and the remedies stated in Sections 7 through 9 are the customer's exclusive remedies for a nonconforming product or service, subject to 11.3.
11.5 Basis of the bargain. The parties agree that the pricing reflects this allocation of risk and that these limits apply even if a limited remedy fails of its essential purpose.
11A. Indemnification
11A.1 By the customer. You will defend, indemnify, and hold harmless Key3D and its members, managers, employees, and contractors from third-party claims, damages, fines, and reasonable costs (including reasonable attorneys' fees) to the extent arising from (a) Customer Content or specifications you supply, including any claim that our authorized manufacture to your design infringes or misappropriates a third party's intellectual property; (b) your use, installation, resale, or incorporation of a product in an application, including regulated, flight, medical, pressure, or safety-critical uses, or any use outside the specification we confirmed; or (c) your violation of law in connection with an order.
11A.2 By Key3D. Key3D will defend, indemnify, and hold harmless you and your officers, employees, and contractors from third-party claims, damages, and reasonable costs (including reasonable attorneys' fees) to the extent arising from (a) Key3D's negligence or willful misconduct in performing an order; (b) Key3D's breach of Section 3 (confidentiality of Customer Content); or (c) a claim that Key3D's own processes, materials, or software, excluding Customer Content and customer-supplied designs, infringe a third party's United States intellectual-property right.
11A.3 Procedure. The indemnified party will give prompt written notice of the claim, and delay excuses the indemnifying party only to the extent it is prejudiced. The indemnified party will give reasonable cooperation at the indemnifying party's expense and let the indemnifying party control the defense and settlement, except that no settlement may impose an obligation or admission on the indemnified party without its written consent, not to be unreasonably withheld.
11A.4 Relationship to the cap. Your indemnification obligations under 11A.1 are not subject to the cap in 11.2. Key3D's indemnification obligations under 11A.2 will not exceed two times the amount paid or payable for the affected order.
12. Events Outside Reasonable Control
Neither party is liable for delay or failure caused by events outside its reasonable control, including natural disaster, fire, utility or network failure, epidemic, labor disruption, transportation interruption, government action, embargo, material shortage, or equipment failure despite reasonable maintenance. This section does not excuse payment already due.
13. Governing Law, Changes, and Contact
The laws of the State of Colorado govern these Sale Terms and any dispute arising out of or relating to an order, without regard to conflict-of-laws rules; the United Nations Convention on Contracts for the International Sale of Goods does not apply. Before filing suit, the parties will attempt in good faith to resolve a dispute through direct discussion for at least thirty days after written notice. The exclusive venue for a dispute is the state or federal courts located in Broomfield County, Colorado, and each party consents to personal jurisdiction and venue there. We may update these Sale Terms for future transactions by posting a new effective date and version; an existing order remains governed by the version affirmatively accepted for that order.
Questions, cancellation requests, return requests, and guarantee claims: contact@key3-d.com.