Terms Of Service

This Agreement sets the terms for the sale of ready-made commercial products from the Seller’s OEM laser product lines (referred to as “Goods” or “Equipment”). These products are designed to function independently as laser-based systems for various processing tasks. They can be used directly for applications such as cutting, welding, or engraving materials, without needing to be combined with additional components. The Seller will only provide quotes and accept orders for these Goods under the terms stated in this document (“Terms of Sale”). This Agreement is the full and final understanding between the Parties about the products covered. It replaces any prior agreements, conversations, or negotiations—whether spoken or written—related to the same topic.

1. ORDER ACCEPTANCE: All orders are subject to acceptance exclusively at the Seller’s facility in Sanford, Florida. These Terms of Sale shall be deemed accepted by the Buyer upon the Seller’s receipt of Payment or valid Purchase Order from Buyer. No condition stated by the Buyer shall be binding upon the Seller if in conflict with, inconsistent with or in addition to the Terms of Sale, unless expressly accepted in a writing signed by Seller. A Purchase order (agreement) issued by the Buyer shall be deemed to have been accepted by the Seller if any of the following occur: (i) shipment of Goods, including partial deliveries, (ii) commencement of any work on-site, or (iii) performance of any Services hereunder. Any discrepancies in fulfilling the terms of the Purchase Order must be resolved between the Buyer and Seller prior to the delivery of any Service or product to the customer. In the event of any conflict between the terms of Buyer’s purchase order and these Terms of Sale, the Seller’s Terms of Sale shall prevail. The Seller reserves the right to reject any order for any reason, including but not limited to issues with availability or pricing discrepancies. By accepting this order, the Buyer confirms that all information provided, including but not limited to the shipping address, contact name, organization name, quantity, and product type, is accurate and complete.

2. PRICING & PAYMENT: All prices are in U.S. dollars and represent Seller’s current prices, which are subject to change without notice at any time prior to the acceptance of Buyer’s order. Prices are exclusive of applicable taxes, duties, shipping, and handling fees. The Buyer is responsible for all federal, state, and local taxes associated with the production, sale, or shipment of the Goods and/or Services where applicable, whether currently effective or implemented in the future. If such taxes are not included in the initial invoice, they may be invoiced later, and Buyer shall be obligated to pay them. Buyers outside of the United States of America are solely responsible for all customs fees, duties, and applicable taxes associated with the importation of the Goods. These charges are not included in the Seller’s invoice and must be settled by the Buyer directly with the relevant authorities. The Seller reserves the right to modify prices without prior notice but will honor prices confirmed in accepted orders.

(2.A) PAYMENT TERMS: ALL PAYMENT TERMS ARE SUBJECT TO THE SELLER’S CREDIT APPROVAL. Payment is due in full at the time of order unless otherwise agreed to in writing by Seller. Net Terms will only apply to Government Agencies, Schools and Branches of the Military; If the Seller approves payment terms for the Seller, the standard terms are Net-30 unless otherwise agreed upon in writing prior to shipment. All credit card transactions will be charged a 3% convenience fee for processing fees. If the Buyer wishes to avoid the fee, other accepted forms of payment can be provided by your Sales Representative upon request. Buyers shipping Goods outside the United States and wish to use credit or debit card as their form of payment must provide the Seller with a photocopy of their driver’s license and credit or debit card to verify the legitimacy of the purchase.

(2.B) SALES TAX: The sales tax provided by the Seller is an estimate based on the shipping address of the Goods and the time in which the rate was calculated, state tax rates can vary and may change while your order is in production or if the shipping address is changed. The final tax rate will be determined at the time of shipment. Any additional tax owed to the Seller will be invoiced to the Buyer accordingly.

(2.C) ACCOUNTING HOLD: Prior to the release of Goods for shipment, all orders without approved payment terms must have a zero-dollar balance. Shipping, invoice balances, and terms will be confirmed prior to processing. Orders with outstanding balances will be placed on Accounting Hold until full payment is received. The Seller will make multiple efforts to contact the Buyer during the two-week period following placement on Accounting Hold to finalize payment. If no correspondence is received within this period, the Goods set aside for the Buyer will be re-assigned to the next order with the same configuration, and the Buyer’s order will be placed back into the order queue. The order will remain on hold until the final payment is received. Failure to finalize payment within this timeframe may affect lead times, and the Seller shall not be held responsible for any delays resulting from the Buyer’s failure to finalize payment.

(2.D) NON-PAYMENT OF PURCHASE PRICE, RETURNED CHECKS AND COLLECTION FEES: If the Buyer fails to pay the full purchase price within 30 days from the Facility Delivery Date of the Goods, the Buyer will incur an additional charge of one and one-half percent (1.5%) per month, or 18% per year on the unpaid balance, until it is paid in full. This charge will be added to the total purchase price, as well as any costs incurred by the Seller to collect the unpaid amount or enforce its security interest in the Goods. These costs may include, but are not limited to, reasonable attorney fees and expenses. If the Buyer has an overdue balance on their account, their access to Technical Support will be suspended until the outstanding amount is fully paid. A $35 charge will be applied to all returned checks, including those due to insufficient funds or any other reason for non-payment.

3. SHIPMENT TERMS AND DELIVERY: Shipping times provided by the Seller are estimates and not guarantees. The Seller’s production and shipping schedule is contingent on inventory availability, completeness of shipping information, satisfaction of payment terms, and invoice balances. Your Sales Consultant will keep you informed as to the status of your machine order and if any backorders or delays present themselves. While every effort will be made to meet the estimated delivery time, the Seller is not liable for delays caused by carriers, strikes, accidents, shortages, acts of civil authority, or any other factors beyond its control. The scheduled shipment date is subject to prior order fulfillment and unforeseen delays. The Buyer’s acceptance of delivery time from the shipper shall constitute a waiver of any claims against the Seller for delay in shipment or delivery. If the Buyer rejects the shipment for reasons other than damage or fails to communicate with the Seller and/or the logistics carrier, resulting in storage or drayage fees, the Buyer will be responsible for all associated costs. Additionally, if the Buyer requests the Goods to be re-shipped after rejection, the Buyer will bear the costs of both the initial shipment and the re-shipment.

(3.A) NORTH AMERICAN SHIPMENTS: All orders being shipped domestically in the United States of America or to Canada, unless specified otherwise in writing, are to be shipped via CPT (Carriage Paid To). The Buyer will be invoiced for freight charges and insurance for the transportation of Goods to the delivery location designated by the Seller prior to machine shipment. Risk of loss or damage to the Goods will transfer from the Seller to the Buyer upon delivery of the Goods. If the Goods require a forklift to be offloaded, the risk will be transferred upon delivery prior to offloading; if the Goods can be offloaded via a liftgate or loading dock, the risk will transfer after offloading. If the Goods being delivered require a forklift for being offloaded, The Buyer is responsible for providing the necessary Equipment and personnel to offload the Goods upon delivery. Any delays or additional costs incurred due to the Buyer’s failure to offload the Goods promptly shall be the Buyer’s responsibility. The Seller does not provide insurance coverage beyond delivery to the specified location. If additional insurance is required, the Buyer must make arrangements and bear any associated costs.

(3.B) INTERNATIONAL SHIPMENTS: Buyers who choose to ship Goods from the Seller outside of North America are able to do so via one of two methods: EXW (Ex Works) or FCA (Free Carrier). Both shipment methods require the Buyer to sign a Liability Waiver prior to the release of Goods, acknowledging the transfer of risk and responsibility upon delivery at the designated point (Seller’s facility for EXW or the carrier for FCA). Buyers who choose to utilize EXW (Ex Works) must arrange for the Goods to be picked up by the carrier of their choice from the Sellers facility in Sanford, Florida. The Buyer is solely responsible for all costs associated with exporting the Goods from the United States of America, including but not limited to customs clearance, duties, taxes, and transportation. The Buyer must ensure the chosen carrier is equipped to handle the pick-up and transportation of the Goods. Risk of loss or damage to the Goods transfers to the Buyer upon pick-up by the carrier at the Seller’s facility. Buyers who select the FCA (Free Carrier) shipping method will have the Goods delivered by the Seller to a carrier or a location designated by the Buyer. The delivery point must be agreed upon in advance, and the Seller will ensure the Goods are transferred to the carrier, the Buyer will be invoiced for the costs of transportation from the Seller facility in Sanford, Florida to the designated port of the Buyers choice. The Buyer is solely responsible for all costs associated with exporting the Goods from the United States of America, including but not limited to customs clearance, duties, taxes, and further transportation costs beyond the agreed delivery point. The Buyer must ensure the carrier or designated party is prepared to accept the Goods at the delivery location. The risk of loss or damage to the Goods transfers to the Buyer once the Goods are delivered to the carrier or designated location, as per the agreed terms. All Buyers shipping their Goods internationally must provide the contact details of their customs broker prior to shipment.

(3.C) EXPORT COMPLIANCE: The Parties acknowledge that the export of materials, products, and related technical data from the United States (as well as the re-export of U.S. origin items from other countries) may be subject to U.S. export laws. These include, but are not limited to, the Export Administration Regulations (EAR) of the U.S. Bureau of Export Administration, the Federal Food, Drug, and Cosmetic Act (and related FDA regulations), and the International Traffic in Arms Regulations (ITAR), which impose restrictions on the export, re-export, and release of materials, products, technical data, and their direct products. The Parties agree to fully comply with all applicable U.S. export laws and international treaties or agreements, and to avoid any actions that could violate these laws, whether directly or indirectly, with respect to the export, re-export, or release of materials, products, or related technical data.

(3.D) BUYERS DESIGNATED FACILITY: By proceeding with a purchase, the Buyer agrees that the shipping address specified on the quotation is accurate. If the shipping address needs to be changed prior to the shipment of Goods, the Buyer must notify the Seller as soon as possible. Any changes to the shipping address and any costs incurred as a result of rerouting the Goods will be the sole responsibility of the Buyer. If the Buyer is approved for terms, the purchase order must clearly indicate the facility in which the Goods will be received (referred to as the “designated facility”). The carrier’s proof of delivery documentation will serve as official confirmation of the Goods’ arrival at the Designated Facility (referred to as the “Facility Delivery Date”). This date will be used to determine payment obligations, acceptance of the Goods, and the commencement of the warranty period as outlined in these Terms and Conditions.

(3.E) SHIPMENT TRACKING: The Seller will provide the Buyer with tracking information for Goods ordered when dispatched from the Buyer facility; this can include but not be limited to the Bill of Lading (BOL), Less than Truckload (LTL) tracking number, and receiving/offloading instructions. The Seller can request contact information for the destination terminal in the event the receiver would like to coordinate with the delivering terminal to schedule a delivery appointment.

(3.F) RESIDENTIAL DELIVIERIES: LTL Carriers shall require an additional day for transit time when delivering LTL shipments to residential destinations, in order to make contact with the Buyer and arrange a delivery appointment. If the Buyer fails to communicate with the carrier, the freight will be returned to the Seller and any costs associated with storage/drayage fees will be the responsibility of the Buyer in addition to any costs to re-ship the Goods if requested. Due to increased liability, LTL Carriers are only obligated to deliver the Goods to the curbside of the designated destination and are not responsible for entering residential driveways or transporting the Goods beyond the curb. As such, the Buyer is solely responsible for making the necessary arrangements to transport the Goods from the curb to the final destination of the Goods.

(3.G) COMMERCIAL DELIVERIES: Buyers who choose to have LTL Goods delivered to a destination zoned as a Commercial delivery address do not include personal residential property will not require a delivery appointment unless requested with the Seller prior to shipment. If the LTL carrier deems the destination as residential, the residential delivery terms in section (3.F) will apply.

(3.H) FREIGHT & DEDICATED TRUCK OFFLOADING REQUIREMENTS: The Buyer is responsible for the offloading of the Goods and being transported to their final destination when being shipped via LTL, Dedicated Truck, Flatbed, Conestoga, etc. These offloading requirements may require a forklift or rigging crew, depending on the Good(s) being delivered to the Buyer. Specific offloading requirements, product weights and dimensions will be provided by the Sales Consultant of the Seller to the Buyer at the time of order acceptance. The Seller can provide full-service delivery options if requested by the Buyer. Deliveries for the LTL and Dedicated Truck shipments are delivered Monday through Friday; deliveries cannot be made on weekends or holidays.

4. INSPECTION, ACCEPTANCE, & DAMAGE CLAIMS: The Buyer must inspect the Goods upon delivery and report any defects, discrepancies, or damages to the Seller within 48 business hours (2 business days) of receipt. Failure to notify the Seller within this timeframe constitutes acceptance of the Goods as is. Photos, detailed descriptions, and other evidence of the damage or discrepancies may be required to support the Buyer’s claim.

5. DAMAGE CLAIMS: In the event of external damage to the Goods, the Buyer must note the damage on the delivery receipt at the time of receipt, even if the damage is visible only upon inspection. If the damage is severe, the Buyer must contact the Seller prior to accepting the Goods from the carrier to discuss next steps. All claims for damage must be reported to the Seller within 48 business hours of receipt. The Seller may require photos, descriptions, and other documentation to support any damage claims. If transportation of the Goods is orchestrated on behalf of the Buyer by the Seller, it is the Seller’s responsibility to file claims with the carrier for any damage incurred during transit, following the carrier’s specified claim procedures. If the Buyer chooses to utilize their own method of transportation for the Goods, the Buyer will be responsible for filing any and all claims for damages incurred during transit. The Seller is not liable for any damage caused during transit. For all shipments of oversized Goods, including but not limited to the HP-5598 and Fiber Cutting Series machines delivered via dedicated truck, Conestoga, flatbed truck, or similar transport, thorough inspection is required prior to offloading. Any visible damage must be documented through detailed photographs and/or videos, and all damage must be clearly noted at the time of inspection. Failure to conduct this inspection and provide proper documentation will result in the rejection of any damage claims, as it will not be possible to verify whether the damage occurred during transport or offloading.

6. RETURNS AND CANCELLATIONS: The Buyer may return or exchange Goods within thirty (30) days of purchase, subject to the following terms and conditions:

(6.A) RETURN PROCESS: The Buyer must contact the Seller prior to initiating return shipping to obtain approval and instructions. Unapproved returns will not be accepted. For the Buyer’s convenience, it is advised to retain the original crate and packaging materials to facilitate potential returns.

(6.B) ELIGIBILITY FOR A REFUND: A refund or exchange will be issued once the Goods are returned, inspected, and all items are accounted for. Refunds will exclude all shipping and handling costs, including the original shipping fee and return shipping costs. If the purchase was made under a “Free Shipping” promotion, a standard $250 shipping fee for machines will be deducted from the refund. Refunds will not be granted for installation or training costs. Non-returned accessories or missing components will not be refunded, even those with a zero-dollar value are considered to be of value, the full-face value of any non-returned items will be deducted from the refund amount.

(6.C) RESTOCKING FEES: Standard Goods, including parts and standard CO2, FM, and UV machines, are subject to a fifteen percent (15%) restocking fee based on the final purchase price, minus shipping or handling fees. Goods with custom modifications, including Fiber Cutting (FC) lasers, are subject to a twenty-five percent (25%) restocking fee, minus shipping and handling fees. All orders for custom modification machines and fiber cutting lasers are subject to a restocking fee if canceled. A restocking fee will apply 30 days after the original order date. If the order is canceled more than 30 days after the order date, a 25% restocking fee will be charged. Fume extraction Goods and accessories are also subject to a twenty-five percent (25%) restocking fee, minus shipping and handling fees. Quantity purchases of three (3) systems or more are subject to a twenty percent (20%) restocking fee, less shipping or handling charges, minus shipping and handling fees.

(6.D) LEASED EQUIPMENT: Refunds cannot be issued for items purchased with a lease from a third-party financing company. Exchanges for leased Goods may be permitted.

(6.E) NON-REFUNDABLE ITEMS: No refunds will be granted for software if it has been opened, used, or tampered with in a way that jeopardizes the Seller’s ability to resell the product.

(6.F) CANCELLATIONS: Order cancellations will be handled on a case-by-case basis. Either Party may cancel an existing order without penalty or decline future orders under the Agreement in the event of (a) a change of control of, or (b) a bankruptcy of the other Party.

7. INSTALLATION:

(7.A) FIBER CUTTING INSTALLATION: Once the Seller accepts a purchase order, they will provide the Buyer with a Pre-Installation Checklist outlining the necessary requirements for preparing the installation site. It is the Buyer’s responsibility to ensure the installation site is prepared according to the specifications in the Pre-Installation Checklist, to supply all required utilities within the stated parameters, and to manage the inspection, rigging, and placement of the Goods at the installation site. Failure to meet these requirements may result in installation delays or additional costs. The Seller will provide guidance and support to ensure the Goods are functioning according to the specified requirements. The Buyer is responsible for regular maintenance, monitoring, and ensuring that the Equipment is used in accordance with the Seller’s guidelines to maintain optimal performance and warranty coverage. Any modifications or alterations to the installed Equipment without prior approval from the Seller may void the warranty.

(7.B) CO2, FIBER MARKING, AND UV INSTALLATION: Once the Seller accepts a purchase order, they will provide the Buyer with an Operator’s Manual outlining the necessary requirements for preparing the installation site. It is the Buyer’s responsibility to ensure the installation site is prepared according to the specifications in the Operator’s Manual, to supply all required utilities within the stated parameters, and to manage the inspection, rigging, and placement of the Goods at the installation site. The Seller will provide guidance and support to ensure the Goods are functioning according to the specified requirements. The Buyer is responsible for regular maintenance, monitoring, and ensuring that the Equipment is used in accordance with the Seller’s guidelines to maintain optimal performance and warranty coverage. Any modifications or alterations to the installed Equipment without prior approval from the Seller may void the warranty.

8. QUALITY ASSURANCE: All Goods sold under these terms are certified to have successfully passed the Seller’s standard multi-point check procedure prior to shipment. This testing validates the performance of the Goods in accordance with the technical specifications provided in the Seller’s quotation.

9. FORCE MAJEURE: Except for payment obligations under this Agreement, neither Party will be liable for or considered in breach of this contract due to any delay or failure to perform caused by circumstances beyond their reasonable control. This includes, but is not limited to, events such as pandemics, fires, explosions, floods, storms, acts of God, disruptions in transportation networks, carrier or utility failures, war, embargoes, strikes, riots, or actions taken by government authorities. If a force majeure event occurs, the affected Party must promptly notify the other Party in writing and make commercially reasonable efforts to minimize the impact of the event.

10. CLASS IV LASER DEVICE: The OEM laser Goods sold under this agreement are classified as Class IV laser devices, as defined by federal regulations (21 CFR, Subchapter J, Part 1040.10(B)(11)). These devices are stand-alone products and are subject to strict safety and compliance standards as outlined in applicable laws and regulations. The Buyer acknowledges and agrees that these laser devices, as stand-alone products, must be used, operated, and maintained in accordance with all relevant safety requirements. It is the Buyer’s sole responsibility to ensure that these products are properly installed, operated, and certified to meet applicable safety laws, regulations, and standards before they are used or distributed. The Seller assumes no responsibility for the Buyer’s failure to comply with these safety requirements. Additionally, the Buyer agrees to indemnify and hold harmless the Seller from any penalties, claims, or liabilities, including those from government agencies or third parties, resulting from improper use, operation, or failure to meet compliance standards for these stand-alone laser products.

11. PRODUCT LIABILITY; WORKPLACE SAFETY; IDENIFICATIONS: Both Parties acknowledge and agree that the Goods are intended to be stand-alone machines, not for integration into another product or assembly line. The Seller is not responsible for the design, manufacture, or integration of the Goods into any other system. The Goods are provided as complete, independent units, and the Buyer is responsible for using them as such, without incorporating them into any other products or systems. If the Buyer decides to integrate the Goods or utilize them within an assembly line, any modifications made to the Goods may result in the revocation of the warranty and/or Support Services. The relationship between the Parties under this Agreement is that of independent contractors, and neither the Buyer, nor the Buyer’s integrator or customers, shall be considered an employee or agent of the Seller for any purpose.

(11.A) PRODUCT LIABILITY: Subject to the limitations of liability under this Agreement, the Seller shall indemnify the Buyer against all third-party claims and liabilities that the Buyer is required to pay, to the extent that such claims arise directly from the defective design, materials, or workmanship of the Goods themselves. Notwithstanding any provisions to the contrary in this Agreement, the Seller shall not be liable for any loss, damage, or product failure attributable to Services, products, or actions of any person other than the Seller, its employees, or duly authorized agents. The Buyer shall, subject to the limitations of liability under this Agreement, indemnify the Seller against all third-party claims and liabilities arising from: (i) the Buyer’s specifications or instructions, (ii) the defective design, materials, or workmanship of any Integrated Product, (iii) any modification of the Goods by anyone other than the Seller, or (iv) the use of the Goods integrated into or in combination with other products, including but not limited to the Integrated Product.

(11.B) WORKPLACE PRACTICES: It is the responsibility of the Buyer to know, understand, and comply with all applicable work and safety laws and regulations governing the Buyer’s use of the Goods. If the Buyer is the end-user of the the Goods, and all persons other than Seller personnel operating or maintaining such Goods will be deemed under the Buyer’s exclusive control. To the extent that governing law requires inspections, reviews, record-keeping, and/or after-purchase modifications to the Goods, the Buyer is responsible for arranging and complying with such requirements, and all associated costs are the sole responsibility of the Buyer. Subject to the limitations of liability under this Agreement, the Buyer shall indemnify the Seller against all third-party claims and liabilities that the Seller may be required to pay, to the extent arising from: (a) any modifications made to the Goods by or on behalf of the Buyer by parties other than the Seller, or (b) the Buyer’s negligent use of the Goods, including the use of the Goods with any of the Integrated Product’s safety functions disabled, obstructed, or circumvented.

(11.C) NOTICE; CONSENT TO SETTLEMENT: If an order for Goods and/or Services are accepted by the Parties, they acknowledge that this agreement shall be governed by the laws of the State of Florida, and any action to enforce this agreement shall be brought in a court of competent jurisdiction, with venue lying exclusively in Seminole County, Florida. The parties agree to waive all rights to a jury trial and take all necessary steps to effectuate such a waiver. Any disputes arising under or in connection with this Agreement will be resolved through binding arbitration in accordance with the rules of the American Arbitration Association. The arbitration will take place in Seminole County, Florida, and both parties agree to submit to the jurisdiction of the arbitration process in this location. The decision rendered by the arbitrator(s) shall be final and binding and may be entered as a judgment in any court of competent jurisdiction. It is a condition of indemnification or defense under this Section that, in the event a third party asserts a claim or liability with respect to any matter for which a party is entitled to indemnification hereunder, the indemnified party must promptly give written notice to the indemnifying party of such claim or liability. No settlement of an indemnified claim shall require an admission of liability or impose an affirmative obligation on a party, including an obligation to indemnify, without the written consent of the affected party. Such consent shall not be unreasonably withheld.

(11.D) INSURANCE: The Seller maintains a comprehensive liability insurance coverage in an amount not less than one million dollars per occurrence. Upon request, the Seller shall provide the other Buyer with a certificate of insurance evidencing this coverage.

(11.E) EXCLUDED LIMITATIONS: The indemnifications set forth in Sections 10 and 11 of this Agreement shall not be limited by the availability of insurance coverage to the indemnifying Party or by any protection afforded the indemnifying Party under the Workers’ Compensation Acts, Disability Acts, or other employee benefits acts.

12. LIMITATION OF LIABILITY: Neither Party shall be liable for any indemnification or claim of any kind, under any legal theory, including negligence or strict liability, for any loss or damage arising out of, or in connection with, the performance or breach of this Agreement, or from the design, manufacture, sale, delivery, resale, installation, technical direction of installation, inspection, modification, repair, operation, or use of any Service, Goods, or parts thereof. In no event shall either Party’s liability exceeds the price allocated to the specific Service, Good, or part that gave rise to the claim. Additionally, neither Party shall be liable for any incidental, consequential, or exemplary damages arising from a breach of contract, or any other duty under this Agreement, including, but not limited to, lost profits, lost sales, or injury to persons or property, even if the Party was advised of the possibility of such damages.

13. LIMITATION OF ACTIONS: No action for breach of any term of this contract of sale or any other duty of Seller with respect to these Goods may be commenced more than one (1) year after the delivery of Goods.

14. INTELLECTUAL PROPERTY RIGHTS: The Goods provided under this Agreement are designed by the Seller and are available in standard configurations, with modifications typically offered to all Buyers in the marketplace, without significantly affecting the Goods’ functionality or processes. These Goods do not incorporate any intellectual property of the Buyer, or any technology developed by or specifically for the Buyer. Upon purchase, the Buyer gains only the standard rights to use, maintain, and resell the Goods, as typically granted with off-the-shelf products. All intellectual property related to the Goods, including patents, trademarks, trade names, trade secrets, and any modifications or derivatives thereof, remain the exclusive property of the Seller. The Customer agrees not to reverse-engineer, copy, or otherwise infringe upon the Seller’s intellectual property in any manner. This includes, but is not limited to, reproducing, modifying, distributing, or creating derivative works based on the Seller’s proprietary designs, software, or technologies. Any violation of these intellectual property rights may result in legal action.

15. DESIGN CHANGES: The acceptance of a Purchase Order by the Seller determines the version of the product to be delivered. The Seller reserves the right to change the designs and specifications of any Goods sold without prior notice. In the event of such changes, the Seller has no obligation to apply these changes to Goods that have already been ordered and/or delivered.

16. GOVERNING LAW: The validity, interpretation, and performance of this contract shall be governed by the laws of the State of Florida. The Parties expressly disclaim the application of the United Nations Convention on Contracts for the International Sale of Goods to this Agreement and any transactions related to it.

17. WARRANTY TERMS & CONDITIONS: For any Goods purchased prior to December 1, 2020, the warranty period shall be limited to one (1) year for all CO2 laser machines and two (2) years for all fiber cutting and marking machines. Effective as of December 1, 2020, the Seller warrants that its products and parts (the “Goods”) are free from defects in materials or workmanship for a period of two (2) years from the original date of receipt by the purchaser (the “Warranty Period”). The warranty does not cover the laser tube and power supplies, which are warranted for one (1) year, nor does it cover optics, knife blades, and honeycombs, which are warranted for thirty (30) days. During the Warranty Period, the Seller will, at its discretion, repair or replace defective parts, bearing the cost of ground shipping for any warranty replacement items. The Buyer may opt for expedited shipping, for which the Buyer will be responsible for the additional costs. The cost of expedited shipping will be invoiced to the Buyer before shipment. The Seller is not responsible for any downtime, loss of production, or associated costs due to backorders of warranty replacement parts. The Buyer agrees not to hold the Seller liable for any resulting losses. The Buyer shall bear all costs associated with international shipping, including any customs duties, taxes, and other fees, related to the fulfillment of warranty replacement items. The Seller reserves the right to refuse the purchase of any extended warranty at its sole discretion. All warranty replacement parts must be processed through the Seller’s technical support team. To initiate a warranty replacement, the Buyer may be required to provide photographs and/or videos of the affected parts or the issue at hand to verify the claim. In some cases, the defective part under warranty may need to be shipped back to the Seller for testing prior to issuing a replacement part. This process ensures that the replacement parts are appropriate for the reported issue and helps expedite the resolution. Technical support will guide the Buyer through the necessary steps to return the defective part and receive the correct replacement, ensuring proper documentation and support are in place before any parts are shipped. This warranty does not include on-site Services or diagnostics, which are the responsibility of the customer. Any onsite Service or diagnostic visits must be arranged separately at an additional cost. On-site repairs may be available at the Buyer’s expense, with reasonable charges for travel and technician time. This warranty is exclusively extended to the original purchaser of the Goods from the Seller and is non-transferable. This warranty does not apply to any modifications, alterations, or additions made to the Goods after the initial purchase. The Buyer is solely responsible for any Service or repair of the Goods that is outside the scope of this warranty. This warranty shall not apply, and the Seller shall not be liable for, any defect or damage arising from: (i) Abuse, neglect, accidental damage, improper return shipping, or improper installation. (ii) Damage caused by fire, flood, lightning, power surges, or other natural disasters. (iii) Any Service or modifications made by unauthorized personnel or any person other than a Seller-authorized representative. Irresponsible use includes, but is not limited to, failing to maintain clean water in the chiller or water pump, neglecting to clean the optical mirrors and lenses, not lubricating the guide rails as required, allowing debris to accumulate in the collection tray or failing to remove it, and failing to store the Goods in an environment that meets the Seller’s recommended conditions. The Seller shall not be held liable for any loss of software, data, or information stored on any media or parts of any Goods returned for repair. This warranty does not cover any third-party software, nor does it cover any issues related to viruses, malware, or other software problems not purchased directly from the Seller. The Seller shall not be liable for any loss of data, work, or “downtime” resulting from hardware failure. The Buyer is solely responsible for backing up any data prior to any Service or repair of the Goods. This warranty is subject to the laws of the jurisdiction in which the Seller is located, and any disputes arising under this warranty shall be governed by the exclusive jurisdiction of the applicable court in such jurisdiction. After the conclusion of the warranty, the Buyer is responsible for the costs associated with all replacement parts, including shipping costs. Any repairs or replacements needed beyond the warranty period will be at the Buyer’s expense. The warranty is not transferable under any circumstances.

18. TECHNICAL SUPPORT & SERVICE: The Seller will provide free lifetime technical support to the original purchaser of the Goods, covering assistance for any issues or inquiries related to the proper use, setup, and functionality of the product. This support will be available through various communication channels, including phone, email, or online chat, during the Seller’s standard business hours. If the Buyer resells the Goods, an annual fee will apply for continued technical support, and the Buyer must notify the Seller of the resale. The Buyer and any subsequent owner of the Goods will be required to pay for ongoing support Services, which may include troubleshooting, software updates, and any necessary repairs outside the warranty period. The annual fee will be determined by the Seller and communicated to the Buyer at the time of resale. The Seller aims to provide timely and effective solutions, with a commitment to ensuring that all issues are addressed in a professional manner within an appropriate timeframe, barring any unforeseen circumstances or complex cases that may require additional time. The Seller highly encourages the Buyer to utilize technical support Services before scheduling any onsite diagnostic Services. Technical support may be able to resolve issues remotely, potentially saving time and cost. If onsite Service is required, the Seller cannot guarantee that the technician will have all necessary tools and parts available to fix the machine on the first visit. This may result in an additional Service call, along with associated costs for labor and any required parts. Therefore, it is recommended that the Buyer exhaust all technical support options to avoid unnecessary additional visits and expenses.

19. CONDUCT: The Seller is committed to fostering a professional and respectful environment for both its employees and customers. The Seller does not tolerate any form of verbal abuse, harassment, threats, or inappropriate behavior directed at its employees, whether through phone, email, or in-person interactions. This includes, but is not limited to, offensive language, discriminatory remarks, or intimidating behavior. In the event of such conduct, the Seller reserves the right to take immediate action, which may include suspending support Services, restricting communication channels, canceling existing orders, or, in severe cases, terminating the business relationship entirely.