STANDARD USE OF3D DESIGN SERVICES POLICY
1 – General
This policy always applies to any trade relations of Mavrakis Concepts Pty Ltd, unless there is an express and written agreement to the contrary. The customer’s terms and conditions to the contrary are not enforceable. This policy is accepted by the customer by the simple fact of negotiating or entering into an agreement with Mavrakis Concepts Pty Ltd. If there are interpretation issues, our English-language general terms and conditions prevail over the general terms and conditions in other languages. In the general terms and conditions of contract, a Mavrakis Concepts Pty Ltd “design” must be understood as: any drawing, image, visualisation, 3D rendering, text, etc. as a result of which an idea or project is developed, both provisionally and definitively.
1 – Quotes, Orders and Cancellations
Any offers and price quotes are only valid for 30 days after they have been dated. Price quotes must be signed by the customer in agreement or confirmed by email. A full and legally valid agreement is presumed to have been formed by such confirmation. The same applies if the service is provided after the price quote was sent to the customer, subject to immediate and certified objection within 24 hours after delivery. An order placed by a customer in whatever way, in writing, electronically, by telephone, etc., cannot be cancelled and must be paid in full. Orders for additional services are proven by their execution as such. They are charged at the current unit prices applicable and are due and claimable immediately after invoicing.
2 – Project Schedule
Any periods are always approximate and do not constitute any obligation on the part of Mavrakis Concepts Pty Ltd. Failure to observe them can never give cause for compensation for damages or for cancellation of the contract. The customer is obliged to do anything that is reasonably necessary or desirable to enable Mavrakis Concepts Pty Ltd to deliver correctly and on time, in particular, by providing full, reliable and clear content and/or the necessary equipment. If the execution of the assignment must be suspended because the customer’s essential correct data are not provided, an advance payment shall be charged for the work already done.
3 – Price Adjustments
The price is as per the agreement. Essential adjustments at the customer’s request shall give rise to price adjustments. The customer shall be charged separately for expenses for technical resources, travel and subsistence costs, journeys and work by third parties. Ancillary activities (production assistance, discussions, gathering content, etc.) can give rise to the calculation of additional remuneration at a rate per hour.
4 – Breach of Contract
If the customer commits a breach of contract, for example, because of not observing payment obligations, due to bankruptcy or manifest incapacity to pay, Mavrakis Concepts Pty Ltd can regard the agreement as having been terminated without any notice of default and by operation of law, merely by registered letter and without any right to compensation for damages on the customer’s part, or can suspend all further service provision. If the agreement is terminated or cancelled at the customer’s liability, Mavrakis Concepts Pty Ltd shall be owed a fixed amount of compensation for damages of 25% of the contract price, without prejudice to the compensation for the damage actually suffered by Mavrakis Concepts Pty Ltd and the design shall be returned to Mavrakis Concepts Pty Ltd. If the agreement is terminated at the liability of Mavrakis Concepts Pty Ltd, the customer shall be entitled to the same compensation for damages, unless he, she or it has the capacity of trader. The period of notice for open-ended contracts amounts to 3 months, to be calculated from the first month following the month in which the notice was given. The notice must be given by registered letter addressed to the registered office.
5 – Payment Terms
All Mavrakis Concepts Pty Ltd invoices are payable net in cash without any discount and at its registered office. Conventional late payment interest equal to the interest rate in response to late payment in commercial transactions in addition to a fixed amount of compensation for damages of 15%, with a minimum of ZAR 150.00 per invoice, shall be owed ipso iure and without notice of default for any invoice that is not paid on its due date. In the case of non-payment, the customer is liable for the costs and fees charged by the attorneys of Mavrakis Concepts Pty Ltd for collecting payment. If an invoice is paid late, all outstanding invoices shall become due and claimable. If the customer fails to observe his, her or its payment obligations, he, she or it is not allowed to use the designs made available to him, her or it. Designs of Mavrakis Concepts Pty Ltd may only be published and reproduced if the entire invoice has been paid in full or if Mavrakis Concepts Pty Ltd issued written permission to do so if only a part of the invoice has been paid. Accepting bills of exchange or other commercial documents and allowing deferment of payment do not entail substitution of one debt for another and do not imply a waiver of the general terms and conditions of Mavrakis Concepts Pty Ltd. The customer waives his, her or its right to invoke the suspension of his, her or its payment obligations, on whatever grounds.
6 – Protection of Privacy
Mavrakis Concepts Pty Ltd duly respects the applicable regulations on the protection of privacy and the processing of personal data. In this regard, Mavrakis Concepts Pty Ltd acts as the data controller. All personal data collected is used solely to execute the agreement. By way of communication subject to the terms and conditions laid down by law, the person involved has the right to obtain the recorded data and to bring about any change thereto or removal thereof. The user must send his or her application by means of a dated and signed application, together with a copy of his/her identity document, to Mavrakis Concepts Pty Ltd.
7 – Intellectual Property Rights
The intellectual property rights pursuant to the services of Mavrakis Concepts Pty Ltd remain vested in Mavrakis Concepts Pty Ltd at all times. Such rights may be transferred solely by an express written agreement and such transfer is limited to the contractually fixed designated use, numbers, territory and duration, and applies on condition that the rights invoiced are paid in advance. Any know-how, programs used, intellectual and other property rights relating to or used for the manufacture of the designs by Mavrakis Concepts Pty Ltd continue to belong to Mavrakis Concepts Pty Ltd and the lawful third-party owner. Equipment delivered by the customer is presumed to be in accordance with the various statutory provisions, such as copyright, other intellectual property rights and the laws relating to privacy. The customer shall indemnify Mavrakis Concepts Pty Ltd for any claims by third parties relating to such equipment and the assignment commissioned.
8 – Obligation
The agreement is an obligation to perform to the best of one’s ability. The responsibility of Mavrakis Concepts Pty Ltd is restricted to the proper performance of the assignment pursuant to the arrangements made between the parties. In no case whatsoever is Mavrakis Concepts Pty Ltd liable for the calculations of visualised projects or the success of the project. Mavrakis Concepts Pty Ltd shall only be liable in the case of a serious mistake or fraud. Unless Mavrakis Concepts Pty Ltd makes a serious mistake or commits fraud, the customer shall indemnify Mavrakis Concepts Pty Ltd against claims by third parties. In no case whatsoever is Mavrakis Concepts Pty Ltd liable for any indirect, immaterial or consequential loss, such as loss of profit or income, financial loss, commercial loss, loss of information, damage to goods or harm to persons. The liability of Mavrakis Concepts Pty Ltd is in all cases restricted to 30% of the agreed price. Subject to penalty due to lapse, any complaints must be notified to Mavrakis Concepts Pty Ltd by registered letter within 8 days after the design has been proposed or delivered. Any goods which belong to the customer and are to be found at Mavrakis Concepts Pty Ltd are kept there at the customer’s risk. Mavrakis Concepts Pty Ltd has a right of retention on such goods if its invoices are not paid.
9 – Enforceability and Jurisdiction
Any provision of these general terms and conditions that is invalid, null and void or not enforceable due to a conflict with any statutory provision of mandatory law or public order shall nevertheless be allowed to have the maximum consequence allowed. The nullity, invalidity or non-enforceability of a specific provision of these general terms and conditions does not bring about the nullity or non-enforceability of the other provisions of the general terms and conditions. South African law is solely applicable with regard to all contracts with Mavrakis Concepts Pty Ltd and deliveries and works by Mavrakis Concepts Pty Ltd. Any disputes fall within the exclusive jurisdiction of the Gauteng Magistrates Court for the registered office of Mavrakis Concepts Pty Ltd. Notwithstanding the fact that the claim / value that might arise, might exceed the jurisdiction of the Magistrates Court. The domicilium citandi will be the address(es) supplied to Mavrakis Concepts Pty Ltd.
MAVRAKIS CONCEPTS PTY LTD DISCLAIMS AND EXCLUDES ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, ASSOCIATED WITH 3D MODELS PRODUCED AND/OR DESIGNED USING ITS EQUIPMENT.
Approved by the Board of Mavrakis Concepts Members, 30TH April, 2017.
Effective 5TH May, 2017
STANDARD USE OF 3D PRINTING SERVICES POLICY
1 – General
Mavrakis Concepts Pty Ltd strives to offer access to innovative technology and a variety of computer and technology related services. This policy establishes guidelines for the client’s use of our 3D printing services. Upon submission of an invoice / quote or any other documentation format, a note regarding the application of this policy is stated on the provided documentation. The customer’s terms and conditions to the contrary are not enforceable. This policy is acknowledged, consented to and accepted by the customer by the simple fact of negotiating or entering into an agreement with Mavrakis Concepts Pty Ltd, and remains enforceable from the date an agreement is negotiated or entered into.
2 – Who Can Print 3D Models?
Any public client may request a quote from Mavrakis Concepts Pty Ltd 3D printing services. Only designated Mavrakis Concepts Pty Ltd staff will have hands-on access to the 3D printers. Printing or supervising the printing of a client’s 3D model or item by our staff does not relieve a client of the indemnification obligations discussed below and shall not expose Mavrakis Concepts Pty Ltd to liability. Printing or supervising the printing of a client’s 3D model by our staff does not constitute an acknowledgment that the client’s 3D model is conducted with this policy, intellectual property laws or other laws, or that the 3D model is safe or fit for client’s specific purpose, and in fact Mavrakis Concepts Pty Ltd expressly disclaims any knowledge thereof.
3 – Print Queue
Our staff have the sole discretion to determine the order in which 3D models are printed. If a 3D model consists of multiple separate parts, each part will constitute a single item. Because of limited staff and hardware resources, Mavrakis Concepts Pty Ltd cannot guarantee completion times. Our staff will contact client’s when printing is complete, and client’s must pick up or arrange delivery of completed models within three weeks of completion. If models are not picked up within three weeks following completion, then Mavrakis Concepts Pty Ltd may dispose of them in any manner it deems appropriate.
4 – Cost of 3D Printing
The cost for 3D printing is based on the estimated time it takes for 3d printing a complete model. Mavrakis Concepts Pty Ltd staff may estimate the price prior to printing the model, but the exact price will be given to clients once an invoice is issued to the client. All 3D models must be paid for in full prior to the commencement of the client’s 3d printing projects. The cost of 3D models not paid for and collected within three weeks following completion of the print will be lodged with the Gauteng Small Claims Court or Pretoria Magistrates Court.
5 – Unsuccessful Prints
Because of inherent limitations with equipment, Mavrakis Concepts Pty Ltd does not guarantee that any 3D model will print successfully. If a print fails due to Mavrakis Concepts Pty Ltd staff error or hardware failure, we will attempt to reprint the object, and the client will not be charged for the failed attempt, except as stated in the next paragraph. Mavrakis Concepts Pty Ltd may refuse to reprint the object after two unsuccessful attempts.
Mavrakis Concepts Pty Ltd may refuse to print 3D models that clearly contain errors or that are, as determined by Mavrakis Concepts Pty Ltd staff, beyond the capabilities of our company’s equipment. The cost of failed prints due to errors within the 3D model and 3D models that are beyond the equipment’s capabilities may be charged to the client. Mavrakis Concepts Pty Ltd staff have sole discretion to make slight alterations such as adding supports to client’s designs in an attempt to make them printable, but we do not guarantee that they will print successfully. Clients are responsible for any extra cost associated with alterations to their designs regardless of whether the print is successful.
6 – Limitations on Use
Mavrakis Concepts Pty Ltd 3D printers and scanners may be used for lawful purposes only. Clients are not permitted to use the company’s printing, design or scanning services to produce materials and/or models that:
Violate local, state laws or regulations;
Look like, function as, or appear to function as weapons or parts thereof;
Appear unsafe, harmful, dangerous, or poses a threat to the health or safety of others;
May be construed as obscene or otherwise inappropriate for the public environment;
Potentially violate the intellectual property rights of another.
Mavrakis Concepts Pty Ltd reserves the right to refuse to print any 3D models, including, without limitation, those that it believes may violate this policy or that may result in legal action against Mavrakis Concepts Pty Ltd or its employees.
7 – Indemnification
By using Mavrakis Concepts Pty Ltd 3D printing services, you agree to release from, indemnify, and not hold responsible Mavrakis Concepts Pty Ltd, its officers, employees, board members, agents, and representatives from and against any and all suits, claims, damages, losses, expenses (including reasonable attorney’s fees), settlements, and judgments arising out of or relating to your 3D model, including, without limitation, any claims for personal injury and infringement or misappropriation of any copyright, trademark, or patent.
8 – Protection of Client’s Intellectual Property
While Mavrakis Concepts Pty Ltd encourages clients to use its 3D printing services for innovation and invention, Mavrakis Concepts Pty Ltd cannot guarantee the security of client’s intellectual property rights such as copyright or trade secrets. Models may be printed within view of the public, and Mavrakis Concepts Pty Ltd may photograph and/or record the printing process and publish such photographs and/or recordings in any type of media now in existence or hereafter created, including, without limitation, print, social media, television, and the Internet. Client’s using Mavrakis Concepts Pty Ltd 3D printing services must accept the risk that their intellectual property may be exposed to or copied by others. Mavrakis Concepts Pty Ltd reserves the right to delete client’s 3D model files once printing is complete. By submitting or requesting content or objects to be printed, the client agrees to assume all responsibility for, and shall hold Mavrakis Concept’s Pty Ltd harmless in, all matters related to the printing of that item, as set forth below.
9 – Disclaimer of Liability and Warranty
By using Mavrakis Concepts Pty Ltd 3D printing services, you agree to assume the risk of, and acknowledge that Mavrakis Concepts Pty Ltd disclaims all liability for, any and all injuries, including death, resulting from use of 3D models created using equipment owned by Mavrakis Concepts Pty Ltd. You also agree that 3D models possess certain inherent weaknesses and limitations and may not be suitable for all applications, including, without limitation, those for which they are designed and intended. You further agree to assume the risk of, and acknowledge that Mavrakis Concepts disclaims all liability for, damages or claims for infringement of intellectual property rights arising from your use of the Mavrakis Concepts Pty Ltd 3D printing services.
MAVRAKIS CONCEPTS PTY LTD DISCLAIMS AND EXCLUDES ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, ASSOCIATED WITH 3D MODELS PRODUCED AND/OR DESIGNED USING ITS EQUIPMENT.
Approved by the Board of Mavrakis Concepts Members, 30TH April, 2017. Effective 5TH May, 2017
We use TheCourierGuy courier services for local deliveries and international deliveries. You will be provided with a tracking number to track your parcel as soon as it has been given to the couriers. To track your parcel using our couriers, please click here.
When you place an order, we will estimate shipping and delivery dates for you based on the availability of your items and the shipping options you choose.
Please also note that the shipping rates for the items we sell are weight-based. The weight of any such item can be found on its detail page. To reflect the policies of the shipping companies we use, all weights will be rounded up to the next full kg.
Shipping options in South Africa:
Pretoria: Your parcel will be delivered to an address in Pretoria for R70 only.
TheCourierGuy: Gauteng – Your parcel will be delivered to an address in Gauteng within 1-2 working days when sending to a Major Centre. The cost for a 0-15kg parcel is R100 and for a 16-25kg parcel is R200. Please select this option if the delivery address is in Gauteng.
Fastway Couriers: Rest of South Africa – Your parcel will be delivered to an address which is outside Gauteng within 2-3 working days when sending to a Major Centre. The cost for a 0-15kg parcel is R130 and for a 16-25kg parcel is R200. For parcels delivered to the Northern Cape, the South African Post Office and Postnet Couriers will be used. The shipping cost will be calculated during the checkout process.
Pick-up: Place your order online and collect it at our premises in Pretoria to save time or to send a driver or courier. You will receive and email when your order is ready for collection. Over the counter sales are also welcome. Please note: When delivering to remote areas, an aditional 48-72 hours should be added to the delivery times stated above.
If you qualify and make use of the free shipping promotion, we preserve the right to choose the type of shipping to use for your order.
We use TheCourierGuy for our international shipping. The cost will be calculated after you have checked out and before you make payment.
You may return 3d printing filament within 30 days of delivery for a full refund as long as the item is returned its purchased original condition. We’ll also pay the return shipping costs if the return is a result of our error (you received an incorrect or defective item, etc.). A defective item in this context is defined as an item that has been If you ordered the wrong item or are unhappy with product, you will be responsible for the return shipping cost.
You should expect to receive your refund within four weeks of giving your package to the return shipper, however, in many cases you will receive a refund more quickly. This time period includes the transit time for us to receive your return from the shipper (5 to 10 business days), the time it takes us to process your return once we receive it (3 to 5 business days), and the time it takes your bank to process our refund request (5 to 10 business days).
If you need to return an item, simply login to your account, view the order using the “Completed Orders” link under the My Account menu and click the Return Item(s) button. We’ll notify you via e-mail of your refund once we’ve received and processed the returned item.
For returns via drop off, courier or post, please send it to:
Mavrakis Concepts (PTY) Ltd
260 Crown Avenue