Terms of Service

Overview

These Terms of Service ("Terms") govern your access to apex-proto.com, your request for a quote, and the custom manufacturing and related services ("Services") provided by ApexProto Technology Co., Limited ("ApexProto," "we," "us," or "our"). The Services include engineering review, manufacturing, tooling, finishing, inspection, documentation, packaging, and delivery where included in an accepted quote.

Submitting an inquiry or requesting a quote does not place an order. An order is formed only when ApexProto accepts it in writing, confirms that the requirements are manufacturable, and receives any payment required by the applicable quote. CAD files, drawings, and other project records are provided by email or another transfer method agreed between the parties; the website does not currently provide file uploads.

By using the website, accepting a quote, issuing an order that ApexProto accepts, or otherwise using the Services, you agree to these Terms. If you act for a company or another organization, you represent that you have authority to bind that entity.

1. Services and Manufacturing Scope

ApexProto provides custom CNC machining, 3D printing, injection molding, sheet metal fabrication, tooling, secondary processing, finishing, inspection, and related manufacturing support. The specific process, material, quantity, documentation, delivery requirements, and other deliverables for a project are defined in the accepted quote or order confirmation.

DFM reviews, Moldflow analyses, manufacturing recommendations, and quotation feedback are provided to identify manufacturability considerations. They do not replace your responsibility for product design, engineering validation, regulatory assessment, safety analysis, or suitability for the intended application.

2. Quotes, Orders, and Document Priority

• Quote Validity: Quotes are valid for thirty (30) days unless the quote states otherwise. ApexProto may revise a quote if material prices, exchange rates, quantities, requirements, or other relevant conditions change before order acceptance.
• Order Acceptance: A purchase order, payment, or other customer instruction is an offer to purchase. ApexProto may accept, reject, or request clarification of an order based on manufacturability, capacity, compliance, credit, or other reasonable business considerations.
• Document Priority: If documents conflict, the following order of priority applies: a signed project-specific agreement or NDA for the subject it governs; the accepted quote or order confirmation; and these Terms. Additional or conflicting terms in a customer purchase order apply only if ApexProto expressly accepts them in writing.
• Errors and Omissions: ApexProto may correct clerical, calculation, or typographical errors before order acceptance. Any correction affecting an accepted order will be communicated for written agreement.

3. Customer Requirements and Design Changes

You are responsible for supplying complete and accurate project information, including the correct revision of each CAD model and drawing, material, quantity, tolerances, GD&T, threads, surface finish, cosmetic zones, critical features, inspection requirements, regulatory requirements, and target date.

A change to geometry, revision, material, quantity, finish, inspection, documentation, packaging, shipping, or another accepted requirement may require a new review and an adjustment to price, tooling, process, or schedule. Delays caused by missing information, late approvals, or customer-requested changes do not constitute delay by ApexProto.

4. Pricing, Payment, Taxes, and Charges

The accepted quote or invoice specifies the price, currency, payment milestones, credit terms, and included Services. ApexProto may pause material purchasing, production, inspection, or shipment while an amount is overdue or another agreed payment condition remains unsatisfied.

Unless the quote states otherwise, you are responsible for applicable sales, use, value-added, import, customs, and similar taxes or charges, together with customs clearance costs and bank or transfer fees. This does not include taxes that applicable law requires ApexProto to pay on its own income.

5. Customer Designs and Intellectual Property

As between you and ApexProto, you retain ownership of the CAD files, drawings, specifications, trademarks, and other intellectual property that you provide. You grant ApexProto a limited, non-exclusive, royalty-free license to use, reproduce, review, adapt for manufacturability, and share those materials only as reasonably necessary to quote, manufacture, inspect, document, deliver, and support your order.

You represent that you have the rights and authority required to provide the project materials and authorize the requested manufacturing. You also represent that the manufacture, sale, export, import, and intended use of the parts will not infringe a third party's intellectual property or other legal rights.

6. ApexProto Intellectual Property and Manufacturing Know-How

ApexProto retains ownership of its pre-existing and independently developed software, processes, programs, manufacturing methods, fixture concepts, quotation logic, inspection methods, technical know-how, general improvements, templates, and internal records. Your ownership of a part design does not transfer ownership of ApexProto's general manufacturing technology or pre-existing intellectual property.

7. Confidentiality and NDAs

ApexProto treats customer project files and technical requirements as confidential business information. We use them only for quoting, engineering review, manufacturing, quality control, fulfillment, and related support, and disclose them only to personnel or service providers who need them for those purposes and are subject to appropriate confidentiality obligations.

ApexProto does not sell customer design files, use them for unrelated marketing, or disclose them to competitors. We can enter into a customer NDA before design files are shared. If an executed NDA conflicts with this section, the NDA governs the confidentiality matters it addresses.

8. Tooling, Fixtures, and Mold Ownership

• Customer-Funded Molds: A dedicated mold that you fund in full is owned by you after all related invoices have been paid. ApexProto may store, maintain, and operate it for your production orders as described in the quote or another written agreement.
• Transfer: At your written request, customer-owned tooling may be transferred after all related amounts are paid. You are responsible for reasonable preparation, packaging, transport, insurance, and adaptation costs associated with the transfer.
• ApexProto Resources: Standard fixtures, general-purpose tools, programs, machine interfaces, inspection methods, and manufacturing know-how owned by ApexProto do not transfer with a customer-owned mold or part design.
• Storage and Maintenance: Tool life, preventive maintenance, major repair, storage, and long-term inactivity arrangements are governed by the quote or another written agreement.

9. Manufacturing Standards and Tolerances

The accepted 3D CAD model defines part geometry, while an accepted 2D drawing defines tolerances, GD&T, threads, surface-finish callouts, cosmetic requirements, and inspection requirements. If project files conflict, the file and revision identified in the accepted quote or order confirmation control.

Features without specified requirements are manufactured to the general tolerances or process standards stated in the quote. Material substitutions, deviations affecting a critical requirement, and exceptions to an accepted specification require customer approval in writing.

Color, gloss, texture, grain, and other cosmetic attributes may vary within the agreed process, material, sample, or inspection criteria. Digital renderings and on-screen colors are not physical appearance standards unless expressly incorporated into the order.

10. Samples, Inspection, and Customer Approval

T1 samples, first articles, inspection reports, material records, and approval stages are provided when included in the accepted quote. After you approve a sample, process, or documented deviation, subsequent production may proceed against that approved state and the manufacturing variation permitted by the agreed requirements.

A prototype, sample, or first article does not by itself establish production qualification, regulatory approval, or suitability for an end application. Those validations remain your responsibility unless ApexProto expressly agrees otherwise in writing.

11. Quality Claims and Nonconforming Parts

You must notify ApexProto in writing within fourteen (14) days after receipt of any nonconformity that could be identified through reasonable inspection. The notice must identify the order, affected part and quantity, requirement at issue, measurement or inspection method, and available supporting evidence.

Keep the affected parts available for review. Do not rework, scrap, return, or otherwise alter disputed parts without ApexProto's prior written authorization. If ApexProto confirms that the parts failed to meet an accepted manufacturing requirement due to our error, our remedy is limited to reworking or remanufacturing the affected parts at our discretion, unless another remedy is agreed in writing. Custom non-defective parts are not eligible for ordinary returns or refunds.

12. Cancellations and Suspension

An accepted order cannot be canceled without cost after manufacturing has begun, dedicated material has been purchased, tooling work has started, or ApexProto has made another non-cancellable commitment. If ApexProto agrees to a cancellation, you remain responsible for completed work, purchased materials, non-cancellable commitments, and reasonable cancellation costs.

ApexProto may suspend or refuse performance for overdue payment, incomplete or conflicting information, safety or legal concerns, suspected prohibited use, or another material customer breach. We will communicate the reason and any reasonable requirements for resuming the order.

13. Shipping, Delivery, Title, and Risk

Manufacturing and delivery dates are estimates unless ApexProto expressly confirms a guaranteed date in writing. Each quote or order confirmation should identify the applicable Incoterms® 2020 rule and named place or port. Transport obligations, costs, and risk of loss transfer according to that stated rule. FOB is used only where appropriate for sea or inland-waterway transport.

Incoterms® allocate specified transportation obligations, costs, and risks; they do not replace the payment, ownership, warranty, or dispute provisions of these Terms. You are responsible for providing an accurate delivery address and, unless the accepted quote states otherwise, for import licenses, import clearance, duties, taxes, and destination charges. Carrier or customs delays after the applicable delivery point are not manufacturing nonconformities.

14. Customer Validation and End Use

You are responsible for confirming that the parts, assemblies, materials, and finishes are suitable for your product, assembly, operating environment, safety requirements, regulatory obligations, and intended use. ApexProto is responsible for the manufacturing requirements it expressly accepts, but does not assume responsibility for your product design, system integration, or an undisclosed end use.

Requirements for medical, automotive, aerospace, or other regulated applications, including applicable standards, validation, traceability, documentation, and change control, must be identified before quoting and expressly included in the accepted order.

15. Export Controls and Prohibited Uses

Each party must comply with applicable export-control, sanctions, customs, and trade laws. You may not request manufacturing that is unlawful, restricted without the required authorization, or based on project information that you have no legal right to provide.

You are responsible for providing accurate end-user, end-use, destination, license, and classification information when required. ApexProto may screen an inquiry or order and may reject, suspend, or cancel work where a compliance concern cannot be resolved. Any cancellation remains subject to Section 12 to the extent permitted by law.

16. Limited Warranty, Disclaimers, Liability, and Indemnification

17. Force Majeure and General Contract Terms

18. Governing Law, Arbitration, Privacy, and Contact