TERMS AND CONDITIONS

TRANSLATION TURNAROUND - Jobs submitted after 5:00 PM Pacific Time will be processed as if they were submitted at 8:00 AM Pacific Time on the following business day. At TTI's sole discretion, turnaround times may vary.

Standard Service – 48 hour turn around during normal business days (Monday-Friday).

TERMS OF SALE – Credit Cards (Visa & MasterCard), Purchase Orders accepted for volume purchases (call service representative).

CANCELLATIONS – Submissions may be canceled free of charge provided TTI is notified prior to translation work being in process. If translation work has already begun there will be a cancellation charge. If translation work is complete the full translation charge will apply.

DATA RETENTION – Translated files will be available for active retrieval for 7 days from the time the customer is notified that the translated file is ready. Beyond 7 days, additional archival retrieval fee(s) will apply.

SERVICE REFUSAL – TTI reserves the right to deny service or terminate any agreement with any customer at its sole discretion.

TRANSLATION COMPLEXITY – Price and turn around times are subject to change due to abnormally complex part translations. When TTI, at its sole discretion, determines that a part file is abnormally complex, TTI shall notify the customer that standard turnaround and pricing does not apply.

TRANSMISSION ERRORS – TTI is not responsible for transmission errors.

DESIGN ERRORS – TTI will not repair design errors appearing in the source file(s). Source files will not be changed in any way. It is customer's sole responsibility to provide correct source file.

DESIGN REVISION – TTI must treat design revisions as new jobs and customer will be charged as such (see cancellations).

WARRANTIES

Best Efforts

TTI warrants that it shall make its best efforts to translate customer's source files into the applicable Target File. IT IS THE CUSTOMER'S RESPONSIBILITY TO REVIEW THE TRANSLATED FILES TO ENSURE THEIR PROPER TRANSLATION. TTI will not be responsible for design errors or flaws in the source file under any circumstances. Any Target File should be thoroughly tested before relying on it. The user must assume the entire risk of using the Target File

Disclaimer of Warranty

This Translated Files are provided "as is." TTI and its suppliers do not and cannot warrant the performance or results you may obtain by using the software or such files. TTI makes no warranties, express or implied, as to the merchantability or fitness for any particular purpose.

Liability Limitations

TTI’s entire liability and the customer’s exclusive remedy shall be, at TTI’s option, either (a) return of price paid, or (b) TTI shall retranslate the file. This warranty shall exist for 30 days past date of completed translation notification.

No Liability for Incidental or Consequential Damages.

To the maximum extent permitted by applicable law, in no event shall TTI be liable for any damages whatsoever. TTI will not be liable to you for any consequential, incidental or special damages (including without limitation, direct or indirect damages, personal injury, loss of business profits, damage to or loss of parts, machinery, tooling or other items manufactured from or pursuant to translated files, business interruption, loss of business information, or any other pecuniary loss) arising out of the use or inability to use this service or delays or errors in completion of translation(s), even if a TTI representative has been advised of the possibility of such damages, or for any claim by any third party.

Some states or jurisdictions do not allow the exclusion or limitation of incidental, consequential or special damages or the exclusion of implied warranties or limitations on how long a given warranty may last, so the above limitation may not apply to you.

No Other Warranties

TTI disclaims all other representations, warranties, conditions or other terms either expressed or implied including but not limited to implied warranties and/or condition of merchantability and fitness for a particular purpose, with regard to the service and the accompanying written materials.

HOLD HARMLESS / INDEMNIFICATION

Indemnification: Risk of Loss

  1. Except for warranties expressly assumed by TTI hereunder, TTI assumes no liabilities or obligations to you of any kind whatsoever, whether fixed or contingent and whether known or unknown, in connection with the Translated Files. You shall, in accordance with this Agreement, indemnify and hold TTI harmless from any and all such liabilities, liens, charges, claims and encumbrances to which you are or may become subject.
  2. You expressly agree to indemnify and hold TTI, its successors and assigns, harmless from and against:

MODIFICATIONS

This Agreement may not be modified except in writing, signed by an authorized representative of TTI, specifically modifying this Agreement. TTI's employees’ or representatives’ oral or other written statements do not constitute warranties shall not be relied upon by buyer, and are not a part of the contract for service of this limited warranty.

ARBITRATION

Any disputes arising out or this agreement shall be submitted to binding arbitration before a mutually agreed upon Arbitrator pursuant to the rules of the American Arbitration Association. The Arbitrator’s awards shall be final, and judgment may be entered in any court having jurisdiction thereof. The prevailing party shall be due all arbitration and court costs, reasonable attorney’s fees and legal interest on any award or judgement in its favor payable by the other party.

GOVERNING LAW

This Agreement shall be governed and construed and enforced in accordance with the laws of the State of Washington as it applies to a contract made and performed in the State of Washington. Venue for any action arising out of or in connection with this Agreement shall lie in Spokane County, Washington.

SEVERABILITY

In the event that any of the terms of this Agreement is or becomes or is declared to be invalid of void by any court or tribunal of competent jurisdiction, such term or terms shall be null and void and shall be deemed severed from this Agreement and all the remaining terms of this Agreement shall remain in full force and effect.

ACCEPTANCE OF AGREEMENT

This Agreement shall become effective when you click on the "Accept" icon below, or by installing, copying or otherwise using the translated files. You agree to be bound by the terms of this Agreement. It is agreed that this Agreement, including the accompanying terms and conditions, and the program descriptions adopted hereunder, is the complete and exclusive statement of the Agreement between the parties and supersedes all proposals or prior agreements, oral or written, and all other communications between the parties relating to the subject matter hereof. If you do not agree to the terms of this Agreement, do not accept or use the software application.

These policies and warranties are subject to change at the sole discretion of TTI. Notice will be given via the website of any changes.

PRIVACY

Translation Technologies, (TTI) a technology based company understands and respects the privacy of our clients. All employees of TTI have signed non-disclosure agreements and are aware of the needs of our clients and partners to maintain their secrecy. That is why our privacy statement can be exceedingly simple.

Any information provided to TTI will not be shared with or distributed to any third party.

Individual usernames and passwords are maintained to provide file and transaction security.

DEFINITIONS - For purposes of this document:

File(s) to be translated shall mean a CAD/CAM file containing a single part.

Source file shall mean a file that is supplied by the customer for the purposes of translating it to a target file.

Target file shall mean a translation of the source file to the CAD/CAM format specified by the customer. Source and target file formats are limited to those supported by TTI.

Assembly file is a collection of single part files assembled together.

ASSEMBLY FILES -- When submitting an assembly file in which the assembly model points to separate part files (such as with Pro/E), please submit all of the individual part files that comprise the assembly in addition to the assembly file itself. When submitting an assembly file in which the assembly model contains all of the part files (such as with CATIA or IDEAS), simply submit the assembly model. Use of WinZip to compress these files is recommended.

ENTIRE POLICY STATEMENTS - Policies stated above shall supersede any policies or terms in any purchase order unless agreed to in writing and signed by any officer of TTI.