Terms of Service

Please read these Terms of Service ("Terms") carefully before accessing or using the services provided by CosyPods ("Company," "we," or "us"). These Terms govern your use of our manufacturing services, including any associated software, applications, websites, or other services offered by the Company (collectively referred to as the "Services").

By accessing or using our Services, you agree to be bound by these Terms. If you do not agree with any part of these Terms, you may not use our Services.

Acceptance of Terms 1.1

By accessing or using our Services, you affirm that you are at least 18 years old or have reached the age of majority in your jurisdiction, and you have the legal capacity to enter into these Terms.

1.2 These Terms constitute a legally binding agreement between you and the Company. If you are accessing or using the Services on behalf of an organization, you represent and warrant that you have the authority to bind that organization to these Terms.

Services 2.1

The Company provides manufacturing services for various products as agreed upon in a separate contract or agreement between the Company and the client.

2.2 The Services may also include additional features, updates, or modifications provided by the Company from time to time.

Use of Services 3.1

You agree to use the Services only for lawful purposes and in compliance with all applicable laws and regulations.

3.2 You shall not engage in any activity that may disrupt or interfere with the proper functioning of the Services or compromise the security of the Company's systems.

3.3 You are solely responsible for any content or materials you upload, transmit, or store through the Services. You warrant that you have all necessary rights and permissions to use and share such content.

Intellectual Property 4.1

All intellectual property rights related to the Services, including but not limited to trademarks, logos, software, designs, and copyrights, are owned by the Company or its licensors.

Confidentiality 5.1

The Company acknowledges that certain information provided by you or disclosed during the provision of the Services may be confidential.

5.2 The Company agrees to keep such information confidential and not disclose it to third parties, except as necessary to provide the Services or with your prior written consent.

Limitation of Liability 6.1

The Company shall not be liable for any direct, indirect, incidental, consequential, or exemplary damages arising out of or in connection with the use of the Services.

6.2 The Company makes no warranties or representations regarding the accuracy, reliability, or completeness of any information provided through the Services.

Indemnification 7.1

You agree to indemnify and hold the Company, its affiliates, officers, directors, employees, and agents harmless from any claims, liabilities, damages, losses, costs, or expenses arising out of your use of the Services or any violation of these Terms.

Termination 8.1

The Company may, at its sole discretion, suspend or terminate your access to the Services at any time and for any reason, without prior notice.

8.2 Upon termination, any rights and licenses granted to you under these Terms will immediately cease to exist.

Modifications 9.1

The Company reserves the right to modify or update these Terms at any time. Any changes will be effective immediately upon posting the revised Terms on our website.

Delivery 10.1

The Company will make reasonable efforts to deliver the manufactured products within the agreed-upon timeframe (6-10 weeks)specified in the contract or agreement.

10.2 Delivery dates provided by the Company are estimates and are subject to change due to factors beyond our control, such as manufacturing delays, transportation issues, or unforeseen circumstances. The Company will notify you promptly of any significant changes to the delivery schedule. 10.3 The delivery of the products will be made to the address specified by you in the order or as mutually agreed upon between the parties.

10.4 You are responsible for ensuring that the delivery address is accurate and accessible. Any additional costs or delays incurred due to incorrect or incomplete delivery information provided by you will be your responsibility.

10.5 Risk of loss or damage to the products shall pass to you upon delivery. It is your responsibility to inspect the products upon receipt and notify the Company of any visible defects or damages within a reasonable timeframe.

10.6 If you fail to accept delivery of the products without a valid reason, the Company may, at its discretion, charge you for any additional costs incurred or terminate the agreement.

Failure to Have Suitable Unloading Equipment 11.0

11.1 It is your responsibility to ensure that you have a suitable crane or equipment available at the delivery location to safely and efficiently unload the products.

11.2 The Company may provide you with information regarding the weight, dimensions, and specific requirements for unloading the products. It is your responsibility to review and understand these requirements and make appropriate arrangements.

11.3 If you fail to provide a suitable crane or equipment for unloading, or if the provided crane or equipment is inadequate or unable to safely handle the products, the Company may, at its discretion:

a) Delay the delivery until suitable equipment is made available, subject to any applicable costs or charges incurred during the delay.

b) Charge you for any additional costs incurred due to the unloading delay or rescheduling of delivery. If unsuitable crane or equipment is on site during day of delivery you will be charged £600 for cost of labour and further more a charge may apply for travel costs.

c) Store the products at your expense until suitable unloading arrangements are made.

11.4 The Company shall not be liable for any damages, losses, or delays resulting from your failure to provide a suitable crane or equipment for unloading the products.

11.5 It is your responsibility to ensure that the crane or equipment used for unloading complies with all applicable safety regulations and standards. You shall be solely responsible for any damages, injuries, or liabilities arising from the use of the crane or equipment during the unloading process.

11.6 If the Company, at your request and with your consent, assists in arranging or providing a crane or equipment for unloading, additional terms and conditions may apply, and any costs associated with such arrangement shall be borne by you as agreed upon.

Payment 12.0

12.1 Payment for the manufacturing services provided by the Company shall be made in accordance with the following terms: a) 10% of the total payment is due upfront upon the acceptance of the contract or agreement between the Company and the client. b) The remaining 90% of the total payment is due no later than 3 days before the scheduled delivery date of the products.

12.2 Payment shall be made in the currency specified in the contract or agreement, unless otherwise agreed upon by both parties.

12.3 The Company will provide you with an invoice or payment request specifying the payment amount, due dates, and payment instructions.

12.4 Any additional costs or fees incurred during the manufacturing process, such as customization requests or expedited production, may be invoiced separately and shall be subject to the same payment terms.

12.5 If the upfront payment is not received within the specified timeframe, the Company may, at its discretion, delay the manufacturing process or suspend the provision of services until payment is received.

12.6 Failure to make the final payment within 3 days before the scheduled delivery date may result in a delay or cancellation of the delivery, subject to any applicable terms or penalties outlined in the contract or agreement.

12.7 All payments shall be made without any deduction, set-off, or withholding unless required by law. You shall be responsible for any taxes or duties imposed on the payments, excluding taxes based on the Company's net income.

12.8 In the event of late payment, the Company may, at its discretion, charge late payment fees or interest as specified in the contract or agreement or as permitted by applicable laws.

12.9 Any disputes or discrepancies regarding the payment terms or invoices should be promptly communicated to the Company in writing. The parties shall work together in good faith to resolve any payment-related issues.

Warranty 13.0

13.1 The Company warrants that the manufactured products will be free from defects in materials and workmanship for a specified warranty period, as agreed upon in the contract or agreement between the Company and the client.

13.2 The warranty period may vary depending on the type of product and its intended use. The specific warranty period will be clearly stated in the contract or agreement.

13.3 The warranty is valid only for the original purchaser of the products and is non-transferable.

13.4 During the warranty period, if any defects arise in the products that are covered by the warranty, the Company, at its discretion, will either repair or replace the defective products, subject to the terms and conditions outlined in this warranty.

13.5 The warranty does not cover defects or damages resulting from: a) Normal wear and tear of the products. b) Misuse, abuse, or improper handling of the products. c) Negligence or failure to follow the provided instructions or guidelines for use, maintenance, or storage of the products. d) Unauthorized modifications or repairs made to the products. e) Acts of nature, accidents, or external causes beyond the Company's control.

13.6 To claim warranty service, you must promptly notify the Company in writing of the defect and provide any necessary documentation or evidence, such as photographs or detailed descriptions of the issue. 13.7 The Company may request the return of the defective products for inspection and verification before providing warranty service. You shall bear any shipping or transportation costs associated with returning the products, unless otherwise agreed upon in writing by the Company.

13.8 The repaired or replaced products will be covered by the remaining warranty period or for a period of 90 days, whichever is longer.

13.9 This warranty is provided in lieu of all other warranties, express or implied, including but not limited to warranties of merchantability, fitness for a particular purpose, and non-infringement.

13.10 The Company's liability under this warranty is limited to the repair or replacement of the defective products as specified above. In no event shall the Company be liable for any incidental, consequential, or indirect damages arising out of or in connection with the use or performance of the products.

13.11 The warranty provided herein is subject to any additional terms and limitations specified in the contract or agreement between the parties.