Christopher Ryan Designs
Legal Information
Terms of Service
1. Introduction
These Terms and Conditions govern the provision of manufacturing services provided by Christopher Ryan Designs Inc. ("the Company") to you ("the Customer"). By commissioning metal casting services from the Company, the Customer agrees to be bound by these Terms and Conditions.
2. Service Provision
Metal casting services ("the Services") according to the specifications and requirements outlined by the Customer. The scope of Services includes, but is not limited to, metal casting, finishing, and any agreed-upon post-processing treatments. The Customer acknowledges that metal casting involves inherent physical variations, including minor shrinkage, porosity, surface blemishes, and metallurgical variances. All products are delivered subject to standard industrial casting tolerances, and minor cosmetic or non-functional variations do not constitute a defect or failure of performance by the Company.
3. Estimates, Timeframes, and Orders
3.1. All estimates provided by the Company are valid until the end of the day on the date of issuance.
3.2. The Company reserves the right to accept or decline orders at its discretion.
3.3. All estimated completion dates and project timelines provided by the Company are good-faith approximations only and do not constitute guaranteed deadlines; under no circumstances shall the Company be held liable, nor will it offer financial compensation or remedies, for any project delays or extended timelines.
4. Pricing and Payment
4.1. Prices for the Services will be set out in the quotation provided by the Company.
4.2. Payment terms shall be due before shipping, unless otherwise agreed upon in writing.
4.3. The Company reserves the right to adjust prices due to changes in material costs, labor, or other factors beyond its control.
4.4. Any balance remaining unpaid after the Due Date shall be subject to a late payment charge of 1.5% per month (18% per annum) or the maximum legal rate permitted by North Carolina law, whichever is lower, for every thirty (30) day period that the balance remains outstanding.
5. Intellectual Property, User Data, and Design Liability
5.1. The Customer retains all rights to any designs, prototypes, or intellectual property provided for the purpose of the Services.
5.2. Customer IP Warranty: The Customer represents and warrants that they own all rights, titles, and interests in, or have obtained all necessary licenses, permissions, and consents for, any CAD files, designs, trademarks, or data uploaded to the Company. The Customer guarantees that the provision of Services by the Company will not infringe upon or violate any third-party copyright, patent, trademark, trade secret, or proprietary right.
5.3. The Company may not use the Customer’s IP for any purpose other than fulfilling the Service, without express written consent from the Customer.
5.4. Customer-Supplied Data & Designs: The Company is not responsible for verifying or correcting engineering, CAD files, dimensional specifications, or material choices provided by the Customer. The Customer assumes 100% liability for defects, casting failures, or structural issues resulting from design flaws or inaccuracies in Customer-supplied files or materials.
5.5. Refusal & Removal of Infringing Content: The Company reserves the right, but assumes no obligation, to inspect uploaded files. If the Company reasonably suspects or receives notice that uploaded data infringes upon any third-party intellectual property rights, the Company may immediately refuse, cancel, or halt production of the order without liability or penalty, and delete the offending files. The Customer shall remain liable for all work completed and costs incurred up to the time of cancellation.
6. Data Retention
6.1. The Company is not responsible for the storage or backup of uploaded Customer data.
6.2. Notwithstanding any request for data deletion by the Customer, the Company reserves the right to retain such data for a period of up to eighteen (18) months for the purposes of internal record-keeping, legal compliance, and dispute resolution.
6.3. No Right to Retrieval: The Company is not a data storage or hosting provider. While the Company may maintain copies of uploaded data for internal use or to facilitate future orders, the Company is under no obligation to provide downloadable copies, return files, or provide access to data once it has been uploaded. The Customer is solely responsible for maintaining their own backups of all submitted files.
7. Confidentiality
The Company agrees to maintain the confidentiality of all proprietary information provided by the Customer and to use such information only for the purpose of providing the Services, subject to the retention policies in Section 6.
8. Delivery, Risk, and Inspection
8.1. The Company will use reasonable efforts to meet delivery deadlines but does not guarantee delivery times.
8.2. Risk of loss or damage to the goods shall pass to the Customer upon delivery to the shipping carrier (Ex Works / FOB Origin). The Company is not liable for goods damaged, destroyed, or lost in transit.
8.3. Inspection & Claim Window: The Customer shall inspect all goods immediately upon receipt. Any claims for shortages, defects, or non-conforming items must be submitted to the Company in writing within seven (7) business days of delivery. Failure to provide written notification within this timeframe constitutes full and final acceptance of the goods, after which all claims are irrevocably waived.
9. Liability, Warranty Disclaimer, and Indemnity
9.1. Disclaimer of warranties: To the maximum extent permitted by law, all services and goods are provided "as is" without warranty of any kind. The company expressly disclaims all warranties, express or implied, including but not limited to the implied warranties of merchantability, fitness for a particular purpose, and non-infringement.
9.2. The Company’s liability for any claim related to the Services shall be strictly limited to the amount actually paid to the Company for the specific batch or item giving rise to the claim.
9.3. The Company is not liable for any indirect, incidental, punitive, special, or consequential losses or expenses suffered by the Customer, however caused, including loss of profits, downtime, or damage to external equipment.
9.4. Customer Indemnification: The Customer agrees to defend, indemnify, and hold harmless the Company, its officers, employees, and agents from and against any third-party claims, liabilities, damages, losses, or costs (including reasonable legal fees) arising from (i) any alleged or actual infringement of third-party intellectual property, copyrights, patents, or trademarks resulting from Customer-uploaded data or designs, and (ii) the use, application, or incorporation of the manufactured goods into final customer products.
10. Force Majeure
The Company shall not be liable for any delay or failure to perform its obligations due to any cause beyond its reasonable control, including raw material shortages, supply chain disruptions, energy outages, equipment failure, labor disputes, acts of God, or carrier delays.
11. Termination
Either party may terminate the contract if the other party materially breaches these Terms and Conditions and fails to remedy the breach within a reasonable period of being asked to do so. In the event of termination by the Customer, the Customer remains fully liable for all work completed, work-in-progress (WIP), and unrecoverable material costs incurred by the Company up to the date of cancellation.
12. Governing Law
These Terms and Conditions shall be governed by and construed in accordance with the law of North Carolina, and the parties submit to the exclusive jurisdiction of the courts of North Carolina.
13. Amendments
The Company reserves the right to amend these Terms and Conditions at any time. Such amendments will be effective immediately upon notification to the Customer.
14. Severability & Entire Agreement
14.1. If any provision of these Terms is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that these Terms remain otherwise in full force and effect.
14.2. These Terms represent the entire agreement between the Company and the Customer regarding manufacturing services and supersede all prior verbal or written understandings or sales quotes.
15. Privacy Policy
15.1. Data Collection: By requesting an account, the Company collects personal information (such as name, email, and business details) and technical data (such as uploaded CAD files) necessary to facilitate the account and future Services.
15.2. Use of Data: Data is used solely for account management, communication regarding the Services, and internal record-keeping. The Company does not sell or lease Customer data to third parties.
15.3. Third-Party Service Providers: The Company may share necessary data with trusted third parties, such as payment processors or shipping carriers, only as required to maintain the account or fulfill requested Services.
15.4. Data Security: The Company implements commercially reasonable administrative and technical measures to protect Customer data from unauthorized access or disclosure.
15.5. Cookies and Tracking: By accessing the Company’s digital platform, small files known as cookies may be used to enhance user experience and analyze site traffic.
15.6. Consent: By requesting an account, the Customer consents to the collection and processing of their information as described in this Section and Section 6 (Data Retention).