Terms & Conditions

1. Agreement

a. Your usage of the Site is subject to your compliance with the terms and conditions set forth below. If you do not agree to these Terms of Use, do not use the Site.

b. Neolab Pty. Ltd., business name as NEOLAB, may modify these terms and conditions at any time, and such modifications shall be effective immediately upon posting of the modified version on the Site. Your continued use of the Site shall be deemed your conclusive acceptance of the modified terms and conditions. However, contracts concluded on the basis of previous terms and conditions remain unaffected but you have to prove the terms which are applicable.

c. Orders placed by you are accepted and all contracts are made subject to these terms and conditions which shall prevail and be effective notwithstanding any variations or additions contained in any order or other document submitted by you. No modification of these terms shall be binding upon NEOLAB or any of its subsidiaries or affiliated companies (hereafter ‘NEOLAB’) unless made in writing by an authorised representative of NEOLAB.

d. By using the services provided by NEOLAB, you acknowledge and agree to the terms outlined in this document. These terms constitute a legally binding agreement between you and NEOLAB. If you do not agree with any of these terms, please refrain from using our services.

2. Usage of the service

a. NEOLAB offers the service of creating your design. You can use the services provided that you are of legal age to make a binding contract.

b. You are solely responsible for 1) providing true, accurate, current and complete information about you as prompted in the Site account details section and 2) maintaining and promptly updating account information to maintain its accuracy, currency and completeness.

3. Ordering process

a. The ordering process happens as follows: you upload and email us the file with details of what you want to achieve with material choice, we review the file and revert with a quote, if accepted you make the payment and part gets made once payment is received.

b. You must ensure that the information you submit in your order is accurate and complete before paying it, because afterwards it is impossible to bring any modification because the production starts immediately. Should it not be the case, modifications will be allowed in so far it has been agreed by NEOLAB in writing.

c. When you place an order, you make an offer to us to buy a product. After you have placed an order, we will send you an e-mail confirming your order details. This confirmation means that a binding agreement will exist between us, except if your offer is based on a file which contains two or more models “grouped models” (for further explanation, please click on the word “grouped models”) or if there is an inability to process orders, which you shall be informed at last within two working days after filing your order.

d. NEOLAB may, at any time during the quotation and the ordering and the manufacturing process, revoke and/or cancel any quotation/order, if there are technical reasons to do so. In such case, NEOLAB will reimburse you all monies paid.

e. NEOLAB reserves the right to refuse at its own discretion and at all times an order that is in conflict with its value statement. Creating firearms, their components, or any other prototype or model intended for the weapon industry, or models for which NEOLAB has ethical concerns in general, are rejected to be quoted or produced. NEOLAB reserves the right to discontinue the execution process of those orders.

f. You expressly acknowledge that NEOLAB is not in the position to act as a medical professional. The product that was ordered must not be used in any way for the diagnosis or treatment of disease or in surgery.

h. NEOLAB maintains records of orders and allow you to have access to it for an indefinite period. NEOLAB recommends that you keep a printed copy of these terms and conditions as well as a copy of the order confirmation and invoice.

4. Price – Payment

a. The price calculated by NEOLAB contains the cost for the services rendered by NEOLAB, the manufacturing of the product and the shipment of the product, as well as taxes when applicable. There is no insurance. Other duties and taxes applicable for the delivery of the product, even if not mentioned in the invoice sent by NEOLAB, will be paid by you.

b. The price is calculated in AUD. Offsetting against any kind of non-approved counter-claims as well as execution of right of retention of goods shall be excluded unless established in court, undisputed or recognised by NEOLAB. NEOLAB remains the sole owner of the products until their entire payment, transport and taxes included.

c. Separate parts of a quote can be invoiced separately. NEOLAB reserves the right to refrain from execution of further components of a quote, or of a following quote, or to terminate a delivery, as long as the outstanding issued invoices remain unpaid. NEOLAB retains full legal title to products until it has received in full all amounts due on those products and payment on any other products that you have ordered. NEOLAB, at its own absolute discretion and under exceptional circumstances, may allow payment of orders after checkout. In such exceptional circumstances, payment terms will be 30 days after the end of the month in which the invoice is issued.

5. Term of delivery – Risk of transport

a. The average time required to produce the model is about 3-4 working days. This is a preliminary indication, but does not bind NEOLAB in any way. The actual delivery time is determined by a number of circumstances, for example (but not included to) working conditions applicable at the time the agreement is concluded, on the punctual delivery of the materials ordered by NEOLAB for the execution of the order.

b. Should your payment be delayed, the delivery will be postponed until full payment is received from you.

c. NEOLAB uses its discretion in selecting a reputable carrier and appropriate means of delivery. All risks during transport are borne by you.

6. Inspection – Returns – Replacements – Refunds

a. As the products are made immediately on the basis of your specifications, there is no right to return or possibility for cancelling your order within a certain period of time.

b. Upon delivery of the product, NEOLAB expects that you submit the product to a thorough inspection. If, upon inspection, you feel that the product is not in conformity with the order, you should contact us as soon as possible and at the latest 14 days after your receipt of the product. In the case that you omit to exercise this control or decides to use a non-conform product, you dismiss NEOLAB from any liability for the possible consequences of the usage of this product.

c. You should not return products without having received an explicit request from NEOLAB to do so.

d. NEOLAB reserves the right to revoke and/or modify (part of) a quotation and/or order confirmation for technical reasons. The liability of NEOLAB vis-à-vis you for real and proven damage will, regardless the gravity of the failure, be limited to the price of the product directly related to the reason of the claim. All other liability of NEOLAB, such as that for consequential loss, other indirect loss and loss as a result of third-party liability, is excluded.

e. Internet communications are capable of data corruption and therefore NEOLAB does not accept any responsibility for changes made to such communications after their dispatch. It may therefore be inappropriate to rely on information/advise contained in an e-mail without obtaining written confirmation of it. NEOLAB does not accept responsibility for any errors or problems that may arise through the use of Internet communication and all risks connected with sending commercially sensitive information relating to your business are borne by you. If you do not agree to accept this risk, you should notify NEOLAB in writing that e-mail is not an acceptable means of communication.

7. Intellectual property

a. NEOLAB grants you a limited, non-exclusive license to generate quotes and place orders with NEOLAB. NEOLAB retains all ownership and intellectual property rights to the Site. You may not cause or permit reverse engineering, disassembly or decompile the Site.

b. The NEOLAB.COM.AU website contains names, which are trademarks and/or brand names of NEOLAB. These marks and other NEOLAB brand names may not be used without the written permission of NEOLAB. The copyright in the content of the Site is owned by NEOLAB or other third parties. No part of the Site may be copied or reproduced for commercial purposes without the express written permission of NEOLAB or the identified owner of the information and content.

c. NEOLAB.COM.AU provides an automated internet-based service to users, which they use to design and sell products. NEOLAB contractually prohibits its users from using the service to order and/or sell products that infringe third party intellectual property rights (including among others copyright, trademark, design and model, patent, trade dress and right of publicity, etc.). You are solely responsible for the content that you upload on the Site. By submitting an order to NEOLAB, you confirm that you are the owner and/or you have obtained from a third party the rights necessary for submitting this order to NEOLAB for production and commercial use (see the article re. the challenges) without any violation of any intellectual property rights. NEOLAB will not claim any rights on your design. If the design you submit to NEOLAB risks infringing the intellectual property rights of third parties, NEOLAB reserves the right to either not produce the design or produce the design without the part that risks infringing the rights of third parties. Should your user generated content nevertheless be found to be infringing and/or in violation of any law, you will defend NEOLAB against third party claims, and be held liable for all (direct and indirect) damages and costs incurred by NEOLAB with respect to such claims.

d. You acknowledge that electronic communications, databases and websites are subject to errors, malfunctions, tampering and break-ins, or that use thereof may result in damages to your systems or operations. While NEOLAB will implement reasonable precautions to attempt to prevent such occurrences, you further acknowledge that NEOLAB does not guarantee such events will not take place and that NEOLAB will not be liable for any such occurrences. You shall be solely responsible for ensuring that any information or content downloaded from the Site or any other website accessed from the Site does not contain any virus or other computer software code or subroutine designed to disable, erase, impair or otherwise damage its systems, software or data, and you shall indemnify, defend and hold NEOLAB harmless from any liability, claim, cost or damage arising out of any third-party claim or suit caused by such virus or code or subroutine.

8. Confidentiality

a. NEOLAB agrees to treat your 3D file as strictly confidential. It will use the design file to produce the model and it will not share the file with a third party unless it is required for production reasons. This third party will apply the same level of confidentiality as NEOLAB guarantees towards you.

b. By submitting an entry (including a 3D file, pictures and text description) to NEOLAB as part of a contest/challenge, you grant a non-exclusive, royalty free, unlimited in the time, worldwide license to NEOLAB to display the design you submitted and/or a reproduction of this design for marketing purposes. NEOLAB has the right to reproduce the design in 3D, to take photographs/pictures and reproduce the pictures of the design on any support (CD, DVD, internet, folder, etc.) for marketing purposes. NEOLAB shall never reproduce the design for which you grant a license in order to sell it. By submitting your design to the contest, you confirm that you are the sole creator of the model and that you do not infringe any copyright or any other intellectual property right (trademark, design and mode, patent, etc.) of a third party and/or that you obtained all the necessary permissions in order to duly allow such a license to NEOLAB.

9. Limitation of liability

a. The information and content provided on the Site and your access of the Site does not create any relationship between you and NEOLAB.

b. All information and content on or obtained through the site are provided “As is” and without warranty of any kind. You hereby waive all other warranties relating thereto, including but not limited to any warranty of merchantability, fitness for a particular purpose or warranty against interference or infringement. NEOLAB does not warrant that the use of the site will be uninterrupted or error free or that any error or defects will be or can be corrected. Some jurisdictions may not allow the exclusion of implied warranties, in which case some of the above exclusions may not apply to all users.

c. NEOLAB is not liable for any direct and/or indirect, incidental, or consequential damages arising from the use of our services, including but not limited to lost profits, damages, injuries, deaths, data loss, or business interruption. NEOLAB shall not in any event be liable to any direct and/or indirect damages, injuries, deaths, lost profits, revenues, business opportunities or for loss of income, bargain, revenue, contracts, goodwill, use, enjoyment, time, data, electronically transmitted orders or other economic advantage whatsoever, nor for any special, consequential, indirect, punitive or incidental losses, damages or expenses directly or indirectly, by the 3D printed part/parts that we fabricate for you. You (as the customer) shall be liable and take full responsibility for both of the designed model/models provided by you and the 3D printed part/parts fabricated by us. By using our services, you agreed that you take full responsibility for the 3D printed part/parts that we supply to you.

d. You acknowledge and agree that NEOLAB, its employees, agents, and affiliates shall not be held liable for any personal injury, including death, that may occur as a result of your use of our services, whether directly or indirectly.

e. You understand that engaging in activities related to 3D printing involves inherent risks. You voluntarily assume all risks associated with the use of our services and agree that NEOLAB shall not be responsible for any injuries or harm that may arise.

f. It is your responsibility to ensure that all design files and specifications submitted for 3D printing comply with safety guidelines and regulations relevant to the intended use of the printed object.

g. NEOLAB is not responsible for verifying the safety or suitability of the printed objects for specific applications. It is recommended that you seek professional advice if you have concerns about the safety of the printed objects.

10. Data protection and privacy

a. By submitting orders:

you consent to the processing of data personal to you, such as your name and title, address, telephone number, contact details and other personal details (“Personal Data”), in accordance with the terms of NEOLAB; subject to the situation that these Personal Data are required to process your order and to fulfill our legal obligations.
you acknowledge that the processing of your Personal Data is necessary for the performance of the contract and you consent to such processing.

b. In certain circumstances NEOLAB may seek additional personal information such as photocopies of identification documents or credit cards for example for identity verification or fraud prevention purposes. Where such additional information is submitted to NEOLAB it shall also be regarded as “Personal Data”.

c. The Personal data are collected by NEOLAB in order to:

fulfill its obligations under any sale and purchase contract and any other contract with you
ask your opinions on its products and services
provide you with the latest products and services information
improve the products and services for you

d. NEOLAB may share, make available or transmit Personal Data to other departments and divisions in NEOLAB, and other NEOLAB Companies within Australia

e. NEOLAB will not disclose Personal Data to entities and persons, other than NEOLAB, (“third parties”) without your consent, except in the cases below.

f. Personal Data may be disclosed to third parties to enable compliance with legal obligations to which NEOLAB or its Affiliates are subject.

g. Personal Data may be disclosed to third parties to enable them to provide services for or on behalf of, or at the direction of, NEOLAB or other NEOLAB Companies. In such cases, NEOLAB takes measures to ensure that the third parties comply with NEOLAB’s privacy policy and that such recipients:

do not use Personal Data other than for the purposes permitted;
obtain and process Personal Data only on condition that they secure that Personal Data from unauthorised use and adopt and comply with similarly stringent policies and terms on personal Data protection and use; and
comply strictly with applicable laws.