Terms of Use and Conditions of Purchase

This agreement, Terms of Use and Conditions of Purchase, (the “Agreement”) is between Boulder Distributors Inc. (“Cutting Time”) and you, the user and purchaser of Cutting Time services (the “User”), whether the User is an individual, corporation, or other legal entity. This Agreement is effective at the time the User’s order is submitted to Cutting Time.

By placing an order and purchasing from Cutting Time, the User confirms that they have read, understand and agree to the terms and conditions set forth in this Agreement.

  1. Ordering
    1. It is the Users responsibility to ensure all designs, options and information provided during the ordering process is accurate before ordering. For clarity, Cutting Time is not responsible for errors made by the User during the ordering process, including but not limited to, selecting the incorrect material type or errors in the design provided to Cutting Time.
    2. The pricing and content provided by Cutting Time is subject to change without notice.
    3. The User agrees to pay Cutting Time in full at the time of ordering. In the event of a pricing error from Cutting Time’s live pricing system, Cutting Time will contact the User with the corrected price, at which point the User will have the option of paying Cutting Time the outstanding amount, or receiving a refund and Cutting Time cancelling the order.
    4. The User shall be responsible for paying any and all taxes, duty, value added taxes, shipping costs, brokerage fees or other such costs, fees or fines that arise from the sale, manufacturing, transport, shipping, importation or exportation of the order.
    5. All sales are deemed final and shall be non-cancellable, however, Cutting Time at its sole discretion may cancel an order at any point in time without prior notice. In the event Cutting Time cancels an order a refund shall be issued to the User. For example, a User submitted drawing or design is deemed not manufacturable, Cutting Time would cancel and refund the order.
  2. Shipping
    1. The shipping times listed are estimated and are not guaranteed delivery times.
    2. Cutting Time reserves the right to change the shipping service or carrier at their sole discretion without notice.
    3. Shipping of orders is at the sole risk and cost of the User. Cutting Time is not responsible for any delays, losses or damages that result from shipping.
    4. In the event of a damaged shipment it is the Users responsibility to file a claim with the shipping carrier for any losses.
  3. Manufacturing Defects
    1. It is the Users sole responsibility to inspect the manufacturing that has been performed by Cutting Time for any defects related to the manufacturing, materials, material mechanical properties or material physical properties of the order.
    2. Upon the delivery of the order to the User, the User shall inspect the order for defects as noted above. In the event of any defects, the User shall notify Cutting Time within 3 days of the delivery of the order to the User. Cutting Time at its sole discretion may provide an appropriate remedy.
    3. In the event that Cutting Time refunds the order in whole or in part, or provides another remedy, the User’s obligations as set forth in this Agreement shall survive such refund or remedy.
    4. No defects will be remedied on orders that have been formed, assembled, welded, painted or otherwise modified by the User or a third party under instruction from the User.
  4. Design and Copyright
    1. It is the User’s sole responsibility to ensure the provided design is safe and sufficiently engineered. The User accepts all risk associated with the safety, functionality and usability of the design they provide to Cutting Time.
    2. The User hereby grants Cutting Time a limited non-exclusive license of all trademarks, copyrights and patents that may be included in the design provided by the User, and the User represents and warrants that they have authorization to provide such license. Such licenses shall only be used by Cutting Time and its agents for the purpose of fulfilling the order.
    3. The User represents and warrants that the design, on its own or assembled into a weldment, system, product, device, assembly or otherwise is:
      1. Legal for Cutting Time to manufacture in Canada,
      2. Legal for exportation from Canada,
      3. Legal to possess, own and transport in Canada, the United States, the User’s respective country and the country which the order will be shipped to,
      4. Not for a weapon, firearm or explosive related device,
  1. General Terms
    1. USER SHALL INDEMNIFY, DEFEND AND HOLD BOULDER DISTRIBUTORS INC. HARMLESS FROM AND AGAINST ANY AND ALL CLAIMS, ACTIONS, DEMANDS OR LITIGATION (INCLUDING COURT COSTS AND REASONABLE ATTORNEY’S FEES) AND FROM ANY RESULTING DAMAGES, LOSSES (INCLUDING LOST TIME AND LOST PROFITS), LIABILITIES, EXPENSES OR COSTS, THAT OCCUR AS A RESULT OF, THAT ARE DUE TO OR THAT ARE RELATED TO:
      1. Taxes, duty, value added taxes, shipping costs, brokerage fees or other costs, fees or fines that arise from the sale, manufacturing, transport, shipping, importation or exportation of the order,
      2. The design provided by the User, including but not limited to copyright and intellectual property infringement,
      3. The manufacturing of the design including manufacturing defects and material defects,
      4. Resale or distribution of the design or parts,
      5. The use, installation, assembly, manufacturing or shipping of the ordered product,
      6. The loss or breach of the User’s data, including but not limited to intellectual property or personal information.
    2. NOTWITHSTANDING ANY OTHER PROVISION OF THIS AGREEMENT BUT EXCLUDING ANY CLAIMS FOR INDEMNIFICATION UNDER SECTION 5a BOULDER DISTRIBUTORS INC’S LIABILITIES UNDER THIS AGREEMENT, WHETHER UNDER CONTRACT LAW, TORT LAW, WARRANTY, OR OTHERWISE SHALL BE LIMITED TO DIRECT DAMAGES NOT TO EXCEED THE AMOUNTS ACTUALLY RECEIVED BY OR DUE TO BOULDER DISTRIBUTORS INC. FOR THE ORDER.
    3. Applicable law: This Agreement shall be governed by and construed in accordance with the laws of the Province of Alberta and the laws of Canada in force therein.
    4. Invalidity of provision. The invalidity or unenforceability of any provision of this Agreement or any covenant in it shall not affect the validity or enforceability of any other provision or covenant in it and the invalid provision or covenant shall be deemed to be severable.
    5. Binding: All rights conferred by this Agreement shall be binding upon, inure to the benefit of, and be enforceable by or against the respective successors and assigns of the parties hereto.
    6. Warranty: There is no warranty expressed or implied by Cutting Time for the order, including but not limited to, manufacturing, use, intended use or fitness for purpose.
    7. Multiple orders: In the event the User has placed multiple orders with Cutting Time, each order shall constitute an individual agreement and under no circumstances are individual agreements considered cumulative or aggregate by nature.
    8. Entire agreement and waiver: This Agreement constitutes all of the agreements between Cutting Time and the User pertaining to the subject-matter of it and supersedes all prior agreements, undertakings, negotiations and discussions, whether oral or written, of the parties to it and there are no warranties, representations or other agreements between the parties to it in connection with the subject-matter of it except as specifically set forth or referred to in this Agreement. No supplement, modification, waiver or termination of this Agreement shall be binding unless executed in writing by the Party hereto to be bound thereby. No waiver of any other provisions of this Agreement shall be deemed or shall constitute a waiver of any other provisions (whether or not similar) nor shall the waiver constitute a continuing waiver unless otherwise expressly provided.

Updated : March 21st 2019