Xometry Vendor Tooling and Materials Purchase Terms and Conditions
Fees and Purchase Terms.
- Payment. You agree to pay all fees or charges to Your Account in accordance with the fees, charges and billing terms in effect at the time a fee or charge is due and payable. You must provide Xometry with a valid credit card (Visa, MasterCard, or any other issuer accepted by us) (“Payment Provider”), or purchase order information (purchase orders may be available only with approved credit terms) as a condition to purchasing Goods. Your Payment Provider agreement governs Your use of the designated credit card, and You must refer to that agreement and not the Terms to determine Your rights and liabilities. By providing Xometry with Your credit card number and associated payment information, You agree that Xometry is authorized to immediately invoice Your Account for all fees and charges due and payable to Xometry hereunder and that no additional notice or consent is required. You agree to immediately notify Xometry of any change in Your billing address or the credit card used for payment hereunder. Xometry reserves the right at any time to change its prices and billing methods, either immediately upon posting on the Website or by e-mail delivery to You.
- Payment Deduction from Active Jobs. During checkout, Customer may choose to allow Xometry Supplies to deduct the price of the Purchase from available funds resulting from active jobs accepted from the Partner Portal. If selected, Xometry Supplies will make a deduction against those funds, and the remaining amount shall be paid through the normal payment distribution cycle. Should there not be adequate funds to pay for the Purchase, Xometry Supplies shall invoice the Customer for payment. Payment shall be due upon receipt of the invoice unless pre-appoved for payment terms.
- Invoicing for Purchase Orders. You agree to pay all fees or charges to Your Account in accordance with the fees, charges and billing terms in effect at the time a fee or charge is due and payable. Unless otherwise expressly agreed in advance by Xometry, all invoices are due thirty (30) days after the date of invoice. Xometry reserves the right to require payment in advance for certain orders. All invoices are due in full, without any deductions or offsets. All invoices will be deemed final and binding unless You object to an invoice, in writing, within ten (10) days of receipt. All invoices not paid in full within such thirty (30) day period shall bear interest at the rate of 1.5% per month or the highest rate permitted under law.
- Late Payments. Xometry reserves the right to suspend performance hereunder (including the manufacture of the Part) in the event you fail to pay all outstanding amounts when due. Xometry reserves the right to refuse additional orders, or completion of an existing order, as long as the outstanding issued invoices remain unpaid.
- Taxes. Xometry’s prices for Goods sold via the Websites do not include any applicable sales, use or similar tax (“Sales Tax”), and any such Sales Tax will be separately invoiced. When You order Goods for overseas delivery, You may be subject to import duties and taxes, which are levied when the package with the Goods arrives at the destination that You specified. Any charges for customs clearance have to be borne by You, as Xometry has no control over such charges and cannot foresee the amount charged (if any). Since customs policies vary from country to country, You should contact the customs office in the country where You have us ship Your Goods to get more information. Please also be aware that You are considered the importer of record and must comply with all laws and regulations of such count.
- Pricing. All published prices do not include Sales Tax or the costs of shipping. Pricing may be updated by Xometry at any time without prior written notice to You. Pricing quotes for Goods not currently listed on the Website may be requested by contacting us at: email@example.com or 833-966-3879.
- Promotions. Special promotions, discount codes and coupons are applicable only to orders placed online via our Website. Promotions cannot be combined. Custom quotes, special customer specific pricing, contract pricing, and dealer pricing is excluded from promotional discount offers. Xometry reserves the right to reject the use of any promotional discount and/or terminate a promotion at any time without notice.
- Same Day Shipping. In most cases, orders placed by 12pm ET will be processed and shipped within the same day. For orders that need additional processing time, the estimated ship date will be noted on the product page when configuring the item and on the order confirmation page.
- Free Ground Shipping. Orders will qualify for Free Ground Shipping if the order can be shipped via FedEx Standard Ground Shipping Method. If the order cannot ship via FedEx Standard Ground because of dimensions or weight, shipping charges will apply. If the customer chooses a shipping method other than FedEx Standard Ground, shipping and applicable expediting charges will apply. If a customer places multiple shipments and requests for the orders to ship together, shipping charges may apply if the dimensions or weight disqualify it from shipping via FedEx Standard Ground.
- Order Acceptance; Returns. Your receipt of an electronic or other form of order confirmation does not signify Xometry’s acceptance of Your order, nor does it constitute confirmation of our offer to sell. Xometry reserves the right at any time after receipt of Your order to accept or decline Your order for any reason. Xometry further reserves the right any time after receipt of Your order, without prior notice to You, to supply less than the quantity You ordered of any item. Your order will be deemed accepted by Xometry upon our delivery of the Goods that You have ordered. We may require additional verifications or information before accepting any order. All sales of Goods are subject to Xometry’s then-current return policies, as posted on the Website.
- Order Changes & Cancellations.To request a change or cancellation of an order, please call: 833-966-3879. Due to the time sensitive nature of the production process, you may be able to change or cancel an order 1 hour from the time it is processed via the Website. You may not change or cancel any order (1) once the applicable materials have been cut, used or otherwise processed, or (2) for any non-stock and/or special order materials specially quoted and procured for your order.
- Price Adjustments. Substantive changes to an order may result in a pricing difference. Xometry Supplies will issue a refund, when applicable. For changes that result in a balance due, the customer is responsible for payment in full before the order will be processed or shipped.
- Shipping Adjustments. Changes to an order may cause changes to the estimated shipping date, and in some cases may require extra processing time. Xometry Supplies will inform the customer of any change to the estimated shipping date. Non response to message will constitute acceptance of the change to the estimated shipping time for the purposes of processing the order in a timely manner.
- Delivery, Title and Risk of Loss. Unless otherwise stated, freight and shipping fees will be charged for shipments to a customer's designated shipping address anywhere in the contiguous United States, using a carrier of our choice. Any extra charges incurred for additional services, such as customer's preferred freight carrier, or special handling by the carrier, must be paid by the consignee. Xometry uses commercially reasonable efforts to securely package and correctly ship orders and meet the expected delivery date of all ordered Goods set forth at the time of order confirmation. All delivery dates are estimates only. Goods that are placed on back order will be shipped at time of inventory replenishment. All sales of products are made FOB (Incoterms 2010) Xometry’s designated point of shipment, and title and risk of loss to each shipment of products shall pass to you when Xometry makes such shipment available to the carrier. In the event an order is shipped via freight carrier, it is the responsibility of the customer to unload orders from the delivering carrier. If you need special packing or delivery accommodations, arrangements should be made with us prior to shipping as additional fees may be incurred. In the event your order is not unloaded at time of delivery and must be rescheduled or shipped to another address, additional charges may be incurred.
- Product Descriptions. Descriptions, images, references, features, content, specifications, products, price and availability of any products and services are subject to change without notice, and our current prices can be found on the Website. We make reasonable efforts to accurately display the attributes of the Goods we make available, including the applicable colors; however, the actual color you see will depend on your computer system, and we cannot guarantee that your computer will accurately display such colors. The inclusion of any Goods on any Website at a particular time does not imply or warrant that these Goods will be available at any time. It is your responsibility to ascertain and obey all applicable local, state, federal and international laws (including minimum age requirements) in regard to the possession, use and sale of any item purchased through the Website. By placing an order, you represent that the Goods ordered will be used only in a lawful manner. We reserve the right, with or without prior notice, to limit the available quantity of or discontinue any Goods; to honor, or impose conditions on the honoring of, any coupon, coupon code, promotional code or other similar promotions; to bar any user from making any or all purchase(s); and/or to refuse to provide any user with any Goods.
- Raw Material Specifications & Tolerances. Material will be processed to the cutting tolerances specified on the product pages. Flatness tolerances for sheet are published only for “full size” sheets. Sheets 60” wide and under are to be no more than ½” out of flat when laid on a flat surface. Flatness tolerances apply only to full sheet, not to cut size. Since cutting relieves stresses it is likely to be slightly less flat than the full sheet.
- Disputes. You must notify us in writing within fourteen (14) days after receiving your credit card statement, if you dispute any of our charges on that statement or such dispute will be deemed waived. Billing disputes should be notified to the following address: firstname.lastname@example.org
- Return Policy. A Return Material Authorization (RMA) is required for all returns. Please contact us within 14 days of receipt of an order to request RMA, if You wish to return purchased Goods. Our customer service team must be contacted within 14 days of receiving material at 833-966-3879. Returnable items must be shipped back to our warehouse at Your expense and must have an RMA number clearly marked on the outside of the package and return forms packed with the Goods. Orders returned without a RMA number will be refused. Once the returned Goods are received by our warehouse in re-saleable, unmodified condition, credit will be issued to you, less applicable fees mentioned herein. Returns must be received in our warehouse within 10 days of original delivery and in undamaged, resalable condition. Returns received after the 10 days or in non-resalable condition will be refused and returned at your expense. Returns are not allowed on special order items.
- Restocking Fees. Acceptable and authorized returns are subject to a 30% restocking service fee plus actual non-discounted shipping costs incurred in shipping the order. If the order can be intercepted and returned before delivery, any applicable rerouting costs will be added to restocking charges. Once material is received by our warehouse in resalable condition, credit will be issued to You, if any, less applicable fees mentioned herein.
- Refusal of Delivery. Refusing delivery does not waive our return policy—You will be responsible for both actual outbound and return freight charges plus a 30% restocking service fee. Once material is received by our warehouse in resalable condition, credit will be issued to You, if any, less applicable fees mentioned herein.
- Non-Stock Goods. Special order non-stock items cannot be returned. There may be exceptions when the third-party supplier agrees to the cancellation. In the event we can allow a return for a non-stock item, it may be subject to a restocking fee to be determined at the time of return plus any additional shipping charges.
- Incorrect or Damaged Goods. Our returns policy doesn't apply to any orders that were delivered in a damaged or incorrect condition. If there Goods are incorrect or damaged, please contact our customer service team at 833-966-3879 for refund or replacement.
- Product & Packaging Damage. Please contact us immediately if the Goods or packaging is damaged. For us to pursue a claim against the shipping company, please provide the following:
- Date and time of delivery
- Driver name and/or Truck number
- Images of damage (can be emailed to email@example.com)
- Description of damage
- Damage to Freight Shipments. All Goods are accepted by the freight carrier in good condition. The freight carrier is responsible, per the terms of the bill of lading, to deliver the Goods to you in the same good condition. Before accepting and signing for any shipment, please inspect and note any damage or missing items on the carriers receipt. Failure to note damages or shortages at time of delivery on drivers receipt indicates your acceptance of this shipment as is and waives your right to future claims.In the event of a problem, please notify us within 24 hours of receiving Your order. In the event of damage, be sure to retain the entire outer shipping container and carton (and packing material) in which damaged goods were packed. The damaged Goods must be in the original container when inspected by the carrier for filing a claim.
- Lost Shipments. Once an order leaves the shipping warehouse, we make every effort to ensure the shipping party delivers the order in a timely manner. In the case of a “lost” or delayed shipment, Xometry will work with the shipping company to get resolution and communicate any delays or updated delivery timeframe to the customer. Lost or delayed shipments are not cause for cancelling or refunding an order. In the event of lost orders, we will make every effort to expedite the processing and shipping a replacement order.
- Refunds. After receiving the RMA and shipping the product back, please contact us with the return tracking number to ensure Your refund is processed as quickly as possible. Once Your RMA is received back to us and processed by the warehouse, Your refund will be processed. You will be refunded back to the original form of payment. In the case of deduction against other Xometry activity, the refund will be processed in the next processed payment to the Partner account.. Please allow 2 to 3 business days following our re-stocking of Your returned materials for Your refund to be processed. Total processing days will vary based on days for shipping and restocking. You will receive an email confirmation once the refund has been processed and transmitted to your bank. It may take the bank up to a billing cycle to reflect the refund on your billing statement.
- Warranties. All Goods sold are manufactured and made available by third parties. As such Xometry does not offer and does not provide any representations, warranties or guarantees with respect to any Goods. Xometry will pass along to You any representations, warranties or guarantees provided by the manufacturer or supplier of the Goods. XOMETRY HEREBY EXPRESSLY DISCLAIMS ANY AND ALL REPRESENTATIONS, WARRANTIES AND GUARANTEES WITH RESPECT TO THE GOODS, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
- Liability. XOMETRY SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES, OR FOR ANY LOSS OF BUSINESS OR PROFITS ARISING FROM THESE PURCHASE TERMS AND CONDITIONS OR ANY GOODS. XOMETRY’S MAXIMUM AGGREGATE LIABILITY TO YOU FOR ANY CLAIM ARISING HEREUNDER SHALL NOT EXCEED AN AMOUNT EQUAL TO THE AMOUNTS PAID BY YOU TO XOMETRY FOR THE GOODS AT ISSUE.
- Amendments. Xometry reserves the right to change or modify these Purchase Terms and Conditions (“Modified Terms”) from time to time in its sole discretion. Such Modified Terms shall be posted on the Website and shall be binding on all purchases of Goods that occur after the Modified Terms take effect. All terms and conditions contained in these Purchase Terms and Conditions are applicable to the extent permitted by law.
197532378 v4, Updated 10/01/2019