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Xometry Vendor Tooling and Materials Purchase Terms and Conditions


Xometry Vendor Tooling and Materials Purchase Terms and Conditions

These Xometry Vendor Tooling and Materials Purchase Terms and Conditions (“Purchase Terms and Conditions”) are in addition to the Manufacturing Services Agreement at: https://www.xometry.com/service-agreement agreement and Privacy Policy at: www.xometry.com/privacy-policy. These Purchase Terms and Conditions form a binding agreement between Xometry and You as the purchaser of tooling and materials from Xometry (collectively, “Goods”).

By purchasing any Goods, You agree to these Purchase Terms and Conditions as well as the Manufacturing Services Agreement and Privacy Policy. If You do not agree to these Purchase Terms and Conditions, You should not purchase any Goods from Xometry. Any capitalized terms used herein but undefined will have the meaning given to such term in the Manufacturing Services Agreement.

Fees and Purchase Terms.

1. 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.

1.1. Credit Cards and Invoices. You must provide Xometry with a valid credit card (Visa, MasterCard, or any other network / 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 charge or 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.

1.2. Supplies Flex Payment. Participants of Xometry’s Supplies Flex program are subject to the following payment terms:

1.2.1. Upon purchase of Goods, Xometry shall invoice You for the full value of the Goods including shipping and taxes. You must submit payments as Goods are consumed or as set forth in an invoice.

1.2.2. If no payment (full or partial) is received after 90 days from the date of invoice, Xometry may implement installment payments for up to 100% of Your future or pending payouts, and / or (a) charge such amounts to Your credit card on file, (b) debit such payment via ACH transfer from Your enrolled accounts

1.2.3. If Xometry does not receive payment within 120 days of invoice, Xometry may implement installment payments for up to 100% of Your future or pending payouts, and / or (a) charge such amounts to Your credit card on file, (b) debit such payment via ACH transfer from Your enrolled accounts.

1.2.4. Xometry reserves the right to pursue legal action and/or commercially reasonable collection methods to attempt to collect payment or recover materials and to recover any costs for such efforts from You.

1.3. Supplies Flex – Miscellaneous Terms:

1.3.1. Damaged / unsellable materials: You shall pay Xometry for any damaged or unsellable materials.

1.3.2. Audit: Xometry may audit the Goods provided to You as part of the Supplies Flex Program. Any discrepancy in Your reported consumption may result in balance adjustment and/or fees.

2. 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 Xometry shipped 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.

3. 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 supplies.xometry.com may be requested by contacting Xometry at: [email protected]

4. 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.

5. 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 adjust the quantity You ordered of any item. Your order shall be deemed accepted by Xometry upon our delivery of the Goods that You have ordered. Xometry reserves the right to 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.

6. Order Changes & Cancellations. To request a change or cancellation of an order, please contact us at [email protected] 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.

7. 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 Xometry’s 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 Xometry 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.

8. Product Descriptions. Descriptions, images, references, features, content, specifications, products, price and availability of any products and services are subject to change without notice, and 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. Xometry reserves 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.

9. Disputes. You must notify Xometry in writing within fourteen (14) days after receiving your credit card statement, if you dispute any of Xometry’s charges on that statement or such dispute will be deemed waived. Billing disputes should be notified to the following address: [email protected]

10. Return Policy. A Return Material Authorization (RMA) is required for all returns. If You wish to return purchased Goods, please contact Xometry within 14 days of receipt of an order to request RMA. Our customer service team must be contacted within 14 days of receiving material at [email protected] Special order or custom Goods are not returnable. Returnable items must be shipped back to Xometry or its designated agent 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 an RMA number will be refused. Once the returned Goods are received by Xometry or its agent in re-saleable, unmodified condition, credit will be issued to You, less applicable fees mentioned herein. Returns must be received by Xometry or its designated agent within 14 days of original delivery and in undamaged, resalable condition. Returns received after the 14 days and/or in non-resalable condition, the Goods will be refused and returned at your expense. You will pay for return shipping if the reason for return is not related to a manufacturing defect.

11. Incorrect or Damaged Goods. Xometry’s return policy does not apply to any orders that were delivered in a damaged or incorrect condition. If the Goods are incorrect or damaged, please contact Xometry’s customer service team at [email protected] for refund or replacement.

12. Refunds. After receiving the RMA and shipping the product back, please contact Xometry with the return tracking number to ensure Your refund is processed as quickly as possible. Once Your RMA is received at Xometry 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 Xometry’s restocking 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.

13. 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 (explicit or implied) 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.

14. 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.

Updated November 16, 2021