TERMS AND CONDITIONS
All sales conducted by Obsidian CNC Machines (“Obsidian CNC Machines”) are subject to the subsequent terms and conditions. Obsidian CNC Machines explicitly rejects any differing or additional terms or conditions found in any documents submitted by the Buyer. The provision of credit, acceptance of any purchase order, and/or sale of any goods by Obsidian CNC Machines are expressly contingent upon the Buyer's agreement to these terms and conditions. The acceptance of orders from the Buyer is solely based on the issuance of Obsidian CNC Machines' sales order acknowledgment. All quotes provided by Obsidian CNC Machines are valid for the period printed on the invoice.
Prices and Availability
The prices set by Obsidian CNC Machines will not exceed those stated on the invoice, unless otherwise agreed upon in writing by Obsidian CNC Machines and the buyer or an authorized representative of the buyer. The quoted price includes allowances for government-imposed taxes and fees. Errors related to stenography, software, or clerical matters are subject to correction. Product availability is subject to change without prior notice. While we make every effort to ensure accurate pricing and product representation, errors may occur. In such instances, we reserve the right to rectify the error.
Payment Methods
We accept payment methods including Visa, MasterCard, Discover Card, American Express/Optima (including card number and expiration date), ACH/Wire Payment, PayPal, personal checks, and company checks submitted by mail. Orders will only be dispatched upon receipt of payment. Companies and educational institutions can place orders via purchase orders (PO). Further details are available upon contacting us. We do not accept Cash on Delivery (C.O.D.) payments.
Delivery & Shipments
Delivery dates are approximate and subject to change. Obsidian CNC Machines will not be held responsible for non-shipment of goods or delays in delivery due to factors beyond reasonable control, including but not limited to acts of nature, Buyer's actions, labor disputes, material cost increases, transportation delays, equipment repairs, fires, or accidents. Buyer's acceptance of goods upon delivery constitutes a waiver of any claims for damages resulting from non-shipment or delays in delivery.
All deliveries are considered Free On Board (F.O.B.) from Obsidian CNC Machines' shipping facility, utilizing carriers such as UPS, DHL, USPS, and/or freight prepaid. When goods are shipped freight prepaid, the freight charge will be added to the invoice. Freight charges and taxes are not eligible for discounts. The risk of loss or damage during transit rests with the Buyer, and any claims must be made directly with the carrier. Alternatively, the Buyer can arrange to pick up goods from Obsidian CNC Machines' shipping facility, subject to a fee. If this option is chosen, the Buyer must pick up the goods within 10 days of being notified of their availability. Failure to comply will result in order cancellation and a restocking fee deduction from the refund.
Receipt of Goods
Buyers are advised not to sign the delivery receipt until two conditions are met: 1) the freight has been properly landed on the ground, and 2) the shipping crate(s) have been meticulously examined for any damage.
A thorough inspection of the crate(s) is essential – walk around each piece and meticulously examine them. Any damage to the crate(s) should be noted on the delivery receipt before signing, with detailed descriptions if possible. If the extent of the damage is unclear, indicate the damage and add "subject to further inspection." Shortages should also be noted; if an order calls for two pieces but only one is received, note "Short 1 piece" on the delivery receipt. In the event of damage or shortages, it's imperative to notify Obsidian CNC Machines and provide details. Documenting the crate or packaging damage with photographs can also be beneficial.
Buyers are responsible for refusing shipments with damaged or unsafe crates or packaging. In such cases, the carrier will return the shipment to their facility and contact Obsidian CNC Machines for further instructions. When refusing a shipment, it's preferable to avoid signing for delivery. If the carrier insists on a signature, include "shipment damaged and refused" on the delivery receipt before signing.
Taxes
Buyer is responsible for paying all taxes, customs duties, and other fees imposed by federal, state, county, or municipal authorities related to the transfer and delivery of merchandise from Seller.
Claims
Any claims for shortages must be reported to Obsidian CNC Machines within 4 days of receipt of the shipment. Unauthorized repair or inspection charges imposed by the Buyer will not be honored. Claims will only be considered for parts that have not been further processed by the Buyer, resulting in changes to dimensions or characteristics from the originally ordered parts.
No claim for damages for goods that do not conform to specifications will be allowed unless Obsidian CNC Machines is given immediate notice after delivery of goods to the first destination to which they are shipped and allowed an opportunity to inspect them. Goods for which damages are claimed shall not be returned, repaired, or discarded without Obsidian CNC Machines’ written consent. BUYER’S EXCLUSIVE REMEDY AGAINST OBSIDIAN CNC MACHINES, AND OBSIDIAN CNC MACHINES’ SOLE OBLIGATION, FOR ANY AND ALL CLAIMS, WHETHER FOR BREACH OF CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, SHALL BE LIMITED TO OBSIDIAN CNC MACHINES’ REPLACING GOODS THAT DO NOT CONFORM TO SPECIFICATIONS OR, AT OBSIDIAN CNC MACHINES’ OPTION, REFUNDING THE PURCHASE PRICE. IN NO EVENT SHALL OBSIDIAN CNC MACHINES HAVE ANY LIABILITY FOR DAMAGES IN AN AMOUNT EXCEEDING THE PURCHASE PRICE OF THE GOODS SOLD HEREUNDER, NOR SHALL OBSIDIAN CNC MACHINES HAVE ANY LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES.
Limited Liability
Obsidian CNC Machines’ liability shall be limited to the amount of any purchase. In no event will Obsidian CNC Machines be liable for consequential or special damages arising from any defect or use of products or services. Obsidian CNC Machines is not liable to Buyer, or any customer of buyer, for loss of profits, lost data, lost products, loss of revenue, loss of use, cost of down time, business good will, or any other incidental or consequential damage, whether in an action in contract or tort, arising out of or related to the machine or components, or other products or services provided by Obsidian CNC Machines, or the failure of parts or products made using Obsidian CNC Machines machines or products, even if Obsidian CNC Machines has been advised of the possibility of such damages.
Obsidian CNC Machines does not bear responsibility for damage to parts, machinery, business premises, or any other property of the Buyer. Additionally, Obsidian CNC Machines is not accountable for any incidental or consequential damages caused by malfunctions in products or services.
Buyer has willingly accepted the limitations on recovering incidental or consequential damages as part of their agreement with Seller. The Buyer acknowledges that product and service prices would be higher if Obsidian CNC Machines were compelled to shoulder responsibility for incidental, consequential, or punitive damages.
Seller's Acceptance
The acceptance of any order is restricted by these terms and conditions. Modifications to the contract will only be effective if agreed upon in writing by authorized representatives of both Obsidian CNC Machines and the Buyer.
Verification & Inspection
If any goods arrive at Buyer’s destination in a damaged condition or a shortage occurs, Buyer shall immediately report the damage or shortage in writing to the delivering carrier and to Obsidian CNC Machines. Any loss or shortage of goods occasioned by damage, or otherwise occurring in transit, will
be the Buyer’s responsibility. Obsidian CNC Machines may elect to assist Buyer in recovering damages, provided Buyer furnishes Obsidian CNC Machines written authorization to recover damages from Buyer’s carrier.
Technical Assistance
Unless explicitly agreed upon in writing by Obsidian CNC Machines: (a) any product support offered by Obsidian CNC Machines regarding the use of provided goods will be at Obsidian CNC Machines' discretion and without charge; (b) Obsidian CNC Machines assumes no responsibility or liability for the outcomes of such advice, beyond the terms of the product warranty; and (c) the Buyer is solely responsible for selecting and specifying suitable goods for intended use, as well as ensuring safe conduct of activities.
Due to the lack of knowledge regarding the specifics of the Buyer's workshop and local conditions, Obsidian CNC Machines cannot accept accountability for the performance of its products or any damage or injury incurred through their use. The responsibility lies with the Buyer to comprehend the implications and risks of utilizing and modifying Obsidian CNC Machines' products, while adhering to relevant legislation and codes of practice in their country and/or state.
Technical support for every product designed by Obsidian CNC Machines is offered when used as intended. Primary support is available through product manuals and supplementary information accessible on the Obsidian CNC Machines website (www.obsidiancncmachines.com). If the provided documents are insufficient or unclear, Obsidian CNC Machines will make every effort to provide further clarification.
Arbitration
Any disputes or claims arising from this contract, or its breach, will be resolved through binding arbitration in Redwood City, California, USA. The arbitration process will be administered by the American Arbitration Association following its Commercial Arbitration Rules. The judgment of the arbitrator(s) may be entered in any court with jurisdiction.
Choice of Law
This agreement is governed by the laws of the state of California and the United States. The Buyer explicitly consents to the exclusive jurisdiction of the state of California and federal courts applicable to any litigation stemming from this agreement.
The Buyer waives any objections based on forum non conveniens or objections to the venue of such actions.
Waiver
Obsidian CNC Machines reserves the right to enforce these terms and conditions at any time. No waiver of any term shall be deemed valid unless provided in writing and signed by an authorized officer of Obsidian CNC Machines. All rights and remedies granted herein are supplementary to those available in law or equity. Waiver of any term in this agreement does not affect the rights and obligations under the remaining terms of the agreement.
Cancellation Fee
Please be aware that if you decide to cancel a standard machine order, a non-refundable processing fee of 3% will be applied. A standard machine has not been modified with custom electrical modifications or altered beyond the manufacturer's specifications. Any modifications beyond the standard configuration must be arranged separately and may incur additional costs.
Non-Refund Policy for Custom-Made or Modified Orders
We appreciate your business and are committed to providing you with high-quality products tailored to your specifications. Please take a moment to review our non-refund policy for custom-made or modified orders.
Custom-Made or Modified Orders:
Custom-made or modified orders include products that are specifically crafted, altered, or personalized according to the unique specifications provided by the customer.
No Cancellations or Refunds:
Once an order for a custom-made or modified product has been placed and payment has been processed, cancellations or refunds will not be accepted. This policy is in place due to the unique and personalized nature of these orders.
Order Confirmation:
It is the responsibility of the customer to carefully review and confirm all details of the custom-made or modified order before finalizing the purchase. Any errors or discrepancies should be brought to our attention immediately.
Quality Assurance:
We are dedicated to ensuring the quality and accuracy of our custom-made or modified products. In the event that there is a defect or error on our part, please contact us within 5 days of receiving the product to discuss potential resolutions.
Modifications or Changes:
Requests for modifications or changes to custom-made or modified orders can only be considered if they are communicated to us within 24 hours of placing the order. After this period, modifications may not be possible.
Shipping and Delivery:
The standard shipping and delivery times for custom-made or modified orders will be communicated at the time of purchase. Delays due to unforeseen circumstances or issues beyond our control are not grounds for refund.
Communication:
We encourage open communication throughout the order process. If you have any concerns or questions about your custom-made or modified order, please contact us.
