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TERMS AND CONDITIONS OF SALES

1. Interpretation: In these Terms: “Company(s)” means FastCastings Inc. “Customer(s)” means the purchaser of Goods from the Company. “Goods” means all goods sold and/or delivered by the Company to the Customer. “Terms” means these terms and conditions of sale.

2. Application: These Terms apply to all contracts for the sale of Goods by the Company.

2.1 No amendment, alteration, waiver or cancellation of any of these Terms is binding on the Company unless confirmed by the Company in writing.

2.2 The Customer acknowledges that no employee or agent of the Company has any right to make any representation, warranty or promise in relation to the Goods or the sale of the Goods other than as contained in these Terms.

3. Prices: Prices are estimated at the time of Quotes or Orders and, prior to payment of the deposit, are subject to change without notice. stated in these Terms or in the relevant invoice or statement.

3.1 Due to technical limitations of current technology, it may be impossible or commercially impracticable to manufacture certain Parts in accordance with Your Specifications.  In such cases, FastCastings will use its commercially reasonable efforts to contact You.  In any case, FastCastings (AND ITS PARTNERS) then reserves the right to either build the Part with a different thickness and/or switch to another production technique, and apply any modification to the order (such as modification of price, of terms/term of delivery, etc.) resulting from such decision.  You agree to pay FastCastings such additional compensation (if any) as may be necessary that arise out of any such amended Specifications.

4. Payment: Payments are to be made to the Company without any deduction or discount other than as stated in these Terms or in the relevant invoice or statement. 4.1 Full Payment at the time of online sales. 4.2 A deposit of 50% of the invoice price must be paid when placing an order on orders over $2,000 on certain online sales upon company approval. Terms accounts: with prior Credit Check and approved terms within a separate “Terms Account Contract” may be established with approval of company. 4.3 Where Goods are ordered with Tooling selected by the Customer, the Tooling must be paid for in full at the time as the deposit. 4.4 any balance of the invoice price without a terms agreement and written contract must be paid in full before delivery. 4.5 Interest is payable on all overdue accounts at the rate of 1.5% per month as from the date due for payment until payment is received by the Company.

5. Custom Parts: Your design files are what we use to build your castings! FastCastings Inc. does not design or engineer and therefore does not assume any responsibility on manufacturability or liability for design failure at all.  The files you have uploaded or provided to us are assumed to be engineered to your custom specifications. Additionally, your part design may not be properly drafted for easy mold release. All traditional metal casting processes require a certain percentage of “Draft”. We may quote your non-drafted part files but before production we require 3D draft parts files. All design files require a certain amount of fillet size on all edges. Cast Metal parts to not cast properly without inside and outside radii. Do NOT scale these part files for Metal shrinkage. Each part file we receive will be scaled either once or twice for the coefficient of shrinkage and expansion required for each the Tooling process and the Casting process.

6. Delivery: The Customer must, within 3 days of being notified of their availability, collect or accept delivery of the Goods and pay the balance of the invoice price of Terms Accounts. Delivery of Online Orders are due at the time a Tracking number of the shipment is available.

7: Title: Legal and beneficial ownership of the Goods will not pass to the Customer until such time as the Goods have been paid in full in cash or cleared funds.

8. Risk and Insurance: The Goods are entirely at the risk of the Customer from the moment of delivery to the Customer’s point of delivery or on collection.

9. Inspection: Unless the Customer has inspected the Goods and given written notice to the Company within 3 days after collection or delivery that the Goods do not comply with the relevant specifications or descriptions, the Goods are deemed to have been accepted in good order and condition.

10. Cancellations: No order may be cancelled after the progress has been updated and moved from or beyond “Processing” in the online app or website, or modified or deferred without the prior acknowledged by written or email consent of the Company.

11. Limited Liability: We do not design or engineer parts of any kind. All the parts Company produces are Customer engineered parts and not Company. Design and or Engineering is the complete responsibility of Customer. The Company’s liability under the statutory provisions is limited, at the Company’s option, to: (a) replacement or repair of the Goods or the supply of equivalent Goods; or (b) payment of the cost of replacing or repairing the Goods or of acquiring equivalent goods; and in either case, the Company will not be liable for any consequential loss or damage or other direct or indirect loss or damage.

12. Warranty: On discovery of any defect in the Goods, the Customer must immediately notify the Company in writing of such defect. The Customer must not carry out any remedial work to alleged defective Goods without first obtaining the written consent of the Company to do so. The Customer expressly acknowledges and agrees that it has not relied upon, and the Company is not liable for any advice given by the Company, its employees, agents or representatives in relation to the suitability for any purpose of the Goods.

13. Contract: The terms of the Contract are wholly contained in these Terms and any other writing signed by both parties. The Contract is deemed to have been made at the Company’s place of business where an order was placed and any cause of action is deemed to have arisen there.

14. Force Majeure: The Company will not be liable for any breach of contract due to any matter or thing beyond breakdown, fire, flood, earthquake, acts of God, strikes, lock-outs, work stoppages, wars, acts of terrorism, etc.

15. Waiver of Breach: No failure by the Company to insist on strict performance of any of these Terms is a waiver of any right or remedy which the Company may have, and is not a waiver of any subsequent breach or default by the Customer.

16. No Assignment: Neither the Contract, nor any rights under the Contract may be assigned by the Customer without the prior written consent of the Company, which is at the Company’s absolute discretion.

17. Severability: If any provision contained in these Terms is held by a court to be unlawful, invalid or unenforceable, the validity and enforceability of the remaining provisions are not affected.

18. Governing Law: These Terms and the Contract shall be governed by the law of Nevada and the parties submit to the courts of Washoe County Nevada in respect of any dispute arising.

FastCastings.com, FastCastings Inc.