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Terms and Conditions

These Terms and Conditions (“Agreement”) apply to the sale, delivery, and use of the Empress3D scanner, software and accessories (“Product”) by Aurality, Inc. (“Seller”) to the customer identified in the corresponding purchase order (“Customer”). By placing an order, Customer agrees to be bound by this Agreement.

1. Orders and Acceptance

  • All orders must be submitted in writing and are subject to acceptance by Aurality.
  • No order shall be binding until confirmed in writing by Aurality.

2. Pricing and Payment

  • Prices are exclusive of taxes, duties, shipping, and installation unless otherwise stated.
  • Full payment is due prior to shipment, unless otherwise agreed in writing.

3. Delivery and Risk of Loss

  • Estimated delivery dates are non-binding.
  • Title and risk of loss transfer to Customer upon shipment from Aurality’s facility (ExWorks).
  • Delays due to force majeure or third-party carriers are not the responsibility of Aurality.

4. Product Installation

  • Customer is responsible for site readiness in accordance with the Empress3D Site Requirements Guide.
  • If installation is included, it will be conducted by certified Aurality personnel or authorized partners.

5. Warranty

  • The Empress3D is warranted to be free from defects in materials and workmanship for 12 months from delivery.
  • Warranty excludes damage due to misuse, improper installation, unauthorized repair, or environmental factors.
  • Aurality’s sole obligation under warranty is repair or replacement of defective parts.

6. Returns and Cancellations

  • All sales are final. Returns are not accepted without prior written authorization.
  • Order cancellations may be subject to a restocking fee of up to 20% if the product is built or shipped.

7. Software Licensing

  • Any software included with the Empress3D is licensed, not sold, and is subject to Aurality’s Software License Agreement.
  • Customer agrees not to alter, decompile, reverse engineer, or distribute the software.

10. Limitation of Liability

  • Aurality’s liability is limited to the purchase price of the Product.
  • Under no circumstances shall Aurality be liable for indirect, incidental, or consequential damages.

11. Confidentiality

  • Both parties agree to maintain the confidentiality of proprietary information, including pricing, designs, and technical materials.

12. Governing Law

  • This Agreement shall be governed by the laws of the State of [Insert State], without regard to its conflict of law provisions.
  • Disputes shall be resolved in the courts located in [Insert County/State].

13. Entire Agreement

  • These Terms and Conditions, together with the applicable purchase order, constitute the entire agreement between the parties.

14. Tariffs and Government-Imposed Charges

Aurality reserves the right to adjust the pricing of the Empress3D or related goods and services in the event that new tariffs, import/export duties, customs fees, or other government-imposed charges are enacted or modified after the date of quotation or order acceptance. If such charges materially impact the cost to Aurality of fulfilling the order, Aurality will notify the Customer in writing and provide documentation of the applicable change.