Terms and Conditions
Use of Materials on the TriMech website
Unless otherwise specified, you may view and download the materials at this website only for your personal, informational and noncommercial purposes, provided that you retain all copyright and other proprietary notices contained in the original materials on any copies of the materials. You may not modify the materials at this website in any way or reproduce or publicly display, perform, post, transmit, distribute or otherwise use them for any public or commercial purpose.
Use of Downloadable Software
Any software that may be downloaded from this website is licensed subject to the terms of the applicable license agreement. Except for rights granted pursuant to such license agreement, TriMech and its licensors reserve all intellectual property rights, title, and interest in such software.
Purchases from TriMech Site
Partner and other Third Party Descriptions
This website contains information concerning various third parties (often referred to as "partners") who offer products or services compatible with TriMech products and services. This information is provided for your convenience only. TriMech is not responsible for and does not warrant any third party product or service or the accuracy of any description.
Links to Other websites
TriMech provides certain links to other websites as a convenience to you. TriMech does not monitor nor control the content of any other website and assumes no responsibility or liability of any kind for any material or communications available at such websites. TriMech is not responsible for the content of any site that may be linked to TriMech ' website.
Changes to these Terms of Conditions
Disclaimer of Warranty
Information on this website may contain factual inaccuracies or typographical errors or be incomplete or out of date. Information may be changed or updated without notice. TriMech may make changes and/or improvements in the products and/or programs described in this website at any time without notice. EXCEPT AS OTHERWISE EXPRESSLY PROVIDED IN A WRITTEN AGREEMENT BETWEEN YOU AND TRIMECH, ALL MATERIALS PROVIDED AT THIS WEBSITE ARE PROVIDED "AS IS" AND WITHOUT ANY WARRANTIES OF ANY KIND, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT.IN NO EVENT SHALL TRIMECH BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTIAL, SPECIAL OR CONSEQUENTIAL DAMAGES OR DAMAGES FROM BUSINESS INTERRUPTION OR LOSS OF PROFITS, REVENUE, DATA OR USE, INCURRED BY YOU OR ANY THIRD PARTY, WHETHER BASED ON WARRANTY OR IN CONTRACT, TORT OR OTHER LEGAL THEORY, AND WHETHER OR NOT ADVISED OF THE POSSIBILITIES OF SUCH DAMAGES, ARISING FROM YOUR ACCESS TO, OR USE OF, THIS WEBSITE OR ANY OTHER HYPERLINKED WEBSITE, EVEN IF TRIMECH HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
User Submissions / Access to Newsgroups
This website is controlled by TriMech from its offices in Knoxville, TN. TriMech makes no representation that materials at this website are appropriate or available for use outside of the United States and access to them from territories where their contents are illegal is prohibited. Those who access this site from other jurisdictions do so on their own initiative and are responsible for compliance with applicable local laws. Any claim relating to the materials on this website shall be governed by the substantive laws of the Commonwealth of Tennessee, excluding its principals as to conflicts of law or the United Nations Convention on contracts for the International Sale of Goods. Any dispute arising out of or in connection with the use or access or otherwise related to this website shall be finally settled by a competent court of Tennessee.
The customer acknowledges the following limitations of the prototypes supplied by TriMech Solutions, LLC.: (a) a prototype is not a precise replica, but only a geometric representation that is not exact in terms of size, material composition and surface quality; (b) each prototype is for visual purposes only and is not intended for functional testing, tooling, use as a fixture, or any actual use; and (c) any uses that the customer makes of a prototype are entirely the customer's responsibility unless otherwise acknowledged by TriMech Solutions, LLC., in writing.
All prototypes are guaranteed to be free of manufacturing defects. Orders may be cancelled only if the production of prototypes has not begun. TriMech Solutions, LLC., should be notified as soon as possible in the event of a desired order cancellation. Best attempts are made to produce prototypes within the estimated ship date but, because of the nature of custom part fabrication, occasionally the manufacturing of the prototype(s) can take longer.
If TriMech Solutions, LLC., is unable to meet customer's reasonable satisfaction, and the customer notifies TriMech Solutions, LLC., within two business days of receiving such prototype, the customer may return the prototype at their own expense and receive a full refund of the fees for that Prototype (exclusive of taxes and charges). Failure to return a prototype within the two business day period shall be deemed acceptance of the prototype by the customer.
Once confirmation, electronic or otherwise, of an order has been received by TriMech, the order is binding. Due to the complex nature of prototypes, TriMech Solutions, LLC., reserves the right to reject any order for any reason.
The entire right, title and interest, including all copyright, patent, trade secret, mask work, and trademark rights ("Intellectual Property"), in and pertaining to any specifications and the applicable prototype shall be owned solely by the customer. TriMech Solutions, LLC., hereby assigns and agrees to assign to the customer all intellectual property created in the production of a prototype.
TriMech Solutions, LLC., reserves the right to track non-personal information about your use of its website, including the URL that you have accessed the website from, the URL you go to next, the type of Internet, operating system or other access, devices being used, and your location and IP address. A user's IP address may be used for marketing or advertising purposes; for system administration purposes; and to track a user's session, in order to enhance future site use and improvements.
The Customer hereby warrants that (a) it has the right to provide the specifications to TriMech Solutions, LLC., and its affiliates; (b) the affiliates' use of the specifications and such other materials provided by the customer to produce a prototype will not violate or infringe any intellectual property of any third party; and (c) any software delivered by the customer to TriMech Solutions, LLC., and any affiliates will be free of any viruses, time bombs and other harmful data.
The customer shall indemnify, defend and hold harmless TriMech Solutions, LLC., and their directors, officers, employees, and affiliates from all losses, liabilities, damages, and expenses (including reasonable attorneys' fees and costs) that they may suffer as a result of any claims, demands, actions or other proceedings made or instituted by any third party against any of them and arising out of: (i) any claim that any specifications, prototypes or any other materials provided to an affiliate in connection with an order infringe the intellectual property of any third party; or (ii) any use of a prototype by the customer or its employees, agents or contractors.
Neither the customer, TriMech, or its affiliates shall be held responsible for the disclosing of confidential information to the extent that such breach is caused by factors outside its reasonable ability to foresee and avoid (provided that such party makes diligent good faith efforts to remedy the breach as soon as possible), including without limitation war, acts of God, terrorism, natural disaster, or third party communications or encryption failure.
This agreement and any accompanying orders embody the entire understanding between the parties and supersede any prior understanding and agreements between and among them respecting the subject matter hereof. TriMech Solutions, LLC., may at any time change or modify the terms of this agreement by providing the customer with 30 days written notice of such change or modification. If the Customer does not agree with any change or modification, the customer may terminate this agreement on notice to TriMech.
The parties hereto are independent contractors and are not, and shall not represent themselves as, principal and agent, partners or parties to a joint venture. No party shall attempt to act, or represent itself as having the power, to bind another party or create any obligation on behalf of another party. Each party shall be solely responsible for the employment, direction and control of its employees and their acts.
Whenever possible, each provision of this agreement will be interpreted in such manner as to be effective and valid under applicable law. The parties agree that (a) the provisions of this agreement shall be severable in the event that any of the provisions hereof are for any reason whatsoever invalid, void or otherwise unenforceable, (b) such invalid, void or otherwise unenforceable provisions shall be automatically replaced by other provisions which are as similar as possible in terms to such invalid, void or otherwise unenforceable provisions but are valid and enforceable, and (c) the remaining provisions shall remain enforceable to the fullest extent permitted by law.
The Customer shall not assign the rights and obligations under this agreement without the written consent of TriMech. Any assignment in breach of this provision shall be void
PLEASE READ THESE TERMS CAREFULLY. USING THIS WEBSITE INDICATES THAT YOU ACCEPT THESE STANDARD TERMS SET FORTH BY TRIMECH SOLUTIONS, LLC. IF YOU DO NOT ACCEPT THESE TERMS, DO NOT USE THIS WEB SITE.
Agreement to use this website
TriMech Solutions, LLC., authorizes viewing and downloading of the materials at this site only for personal and non-commercial use, provided that all copyright and other proprietary notices contained in the original materials are retained on any copies of the materials. Materials at this site may not be modified in any way, reproduced, publicly displayed, performed, distributed, or otherwise used for any public or commercial purpose. For purposes of these terms, any use of these materials on any other web site or networked computer environment for any purpose is prohibited. The materials at this site are copyrighted and any unauthorized use of any materials at this site may violate copyright, trademark, and other laws. If any of these terms are breached, authorization to use this site automatically terminates and any downloaded or printed materials must immediately be destroyed.
You, the customer agree to provide accurate, complete and non-counterfeit information when using this site. You agree that you are 18 years or older. You are responsible for any order you place on this site.
Order Specific Terms and Conditions
At the time of sale, customers of TriMech Solutions, LLC., may be required to agree to additional order specific terms and conditions that are applicable to that unique transaction.
THE MATERIALS AND INFORMATION PROVIDED AT THIS SITE ARE PROVIDED "AS IS" WITHOUT ANY WARRANTIES OF ANY KIND INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF INTELLECTUAL PROPERTY. TriMech Solutions, LLC., further does not warrant the accuracy and completeness of the materials at this site. TriMech Solutions, LLC., may make changes to the materials at this site, or to the products and prices described in them, at any time without notice. The materials at this site may be out of date and TriMech Solutions, LLC., makes no commitment to update the materials at this site. Information published at this site may refer to products, programs or services that are not available in outside of the U.S. Consult TriMech Solutions, LLC., for information regarding the products, programs and services that may be available to you. Applicable law may not allow the exclusion of implied warranties, so the above exclusion may not apply.
Limitation of Liability
IN NO EVENT WILL TriMech, LLC, ITS SUPPLIERS, OR OTHER THIRD PARTIES MENTIONED AT THIS SITE BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOST PROFITS, LOST DATA OR BUSINESS INTERRUPTION) ARISING OUT OF THE USE, INABILITY TO USE, OR THE RESULTS OF USE OF THIS SITE, ANY WEB SITES LINKED TO THIS SITE, OR THE MATERIALS OR INFORMATION CONTAINED AT ANY OR ALL SUCH SITES, WHETHER BASED ON WARRANTY, CONTRACT, TORT OR ANY OTHER LEGAL THEORY AND WHETHER OR NOT ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IF USE OF THE MATERIALS OR INFORMATION FROM THIS SITE RESULTS IN THE NEED FOR SERVICING, REPAIR OR CORRECTION OF EQUIPMENT OR DATA, YOU ASSUME ALL COSTS THEREOF. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY.
TriMech Solutions, LLC., administers this site from its offices in the UK and USA. TriMech Solutions, LLC., makes no representation that materials at this site are appropriate or available for use outside the United States, or can be accessed from territories where their contents are illegal is prohibited. You may not use, export, or re-export the materials at this site or any copy or adaptation in violation of any applicable laws or regulations including, without limitation U.S. export laws and regulations. If you choose to access this site from outside the United States, you do so on your own initiative and are responsible for compliance with applicable local laws. These terms will be governed by and construed in accordance with UK and US laws without giving effect to any principles of conflicts of laws.
TriMech Solutions, LLC., may revise these terms and conditions at any time by updating this posting. You should visit this page from time to time to review the then-current terms because they are binding on you. Certain provisions of these terms may be superseded by expressly designated legal notices or terms located on particular pages at this site. TriMech, reserves the right to refuse service to anyone at anytime for any reason.