Terms & Conditions

These Terms & Conditions ("Terms") govern your access to and use of the OPEX website, instant quoting tool, toolbox, digital twin services, and any related manufacturing services (collectively, the "Services") operated by OPEX MFG Inc. ("OPEX", "we", "us", or "our"). By accessing the Services, requesting a quote, or placing an order, you agree to be bound by these Terms.

If you do not agree with any part of these Terms, please do not use the Services. These Terms are intended for business-to-business (B2B) use by engineering, manufacturing, and procurement professionals.

You agree that clicking to accept a quote, placing an order, creating an account, or otherwise using the Services constitutes your electronic signature and legally binding acceptance of these Terms and of any quote you confirm. You agree to receive contractual notices, invoices, and service communications by email at the address associated with your account or order.

OPEX provides on-demand additive manufacturing and adjacent services, including:

• Instant online quoting for uploaded CAD files.
• Production of parts by additive manufacturing and finishing operations.
• Digital twin services, including virtual and physical backup molds.
• Educational resources, benchmarks, and design tools in our Toolbox.
• Optional participation in programs such as the OPEX Challenge.

We may add, modify, or discontinue features at any time. Availability of specific materials, finishes, or lead times is confirmed at quote acceptance.

Prices displayed by the instant quoting tool are indicative and subject to design review. A binding order is created only when OPEX confirms your order in writing (including by email) after reviewing your files, quantities, and requirements.

You are responsible for the accuracy of the CAD files, tolerances, materials, quantities, and delivery information you submit. OPEX may decline any order at its discretion, including for reasons of manufacturability, capacity, or compliance.

You retain all intellectual property rights in the CAD files, drawings, and technical information you upload ("Customer IP"). You grant OPEX a limited, non-exclusive license to use the Customer IP solely to prepare quotes, manufacture parts, and deliver the Services you request.

OPEX retains all rights in the platform, quoting engine, Toolbox content, process parameters, tooling, and any derived analytics or aggregated, de-identified data generated from operating the Services. Nothing in these Terms transfers ownership of OPEX's underlying technology, know-how, or manufacturing methods.

You represent that you have the right to upload the Customer IP and that its manufacture by OPEX does not infringe the rights of any third party. You agree not to submit files for the manufacture of firearms, weapons components, or any item prohibited by applicable law.

You are solely responsible for the design, function, material selection, tolerances, and intended end use of the parts you order. Additive manufactured parts have inherent characteristics (anisotropy, layer adhesion, surface finish variability, material performance envelopes) that you must account for in your design and application.

Unless expressly agreed in writing, parts supplied by OPEX are not qualified for use in: life-critical or life-support systems; aerospace or aviation flight-critical components; medical implants or devices in contact with human tissue; nuclear facilities; firearms or weapons; or any application where failure could reasonably be expected to cause death, personal injury, severe environmental damage, or significant property damage. You assume all risk of any such use and agree that OPEX has no liability for it.

You are responsible for identifying and complying with all laws, regulations, standards, and certifications applicable to your parts and their end use, including product safety, labelling, medical device, aerospace, automotive, environmental, and industry-specific requirements.

You must not upload, transmit, or request the manufacture of any file, design, or information that is subject to export controls, defense trade regulations (including ITAR or the Canadian Controlled Goods Program), sanctions, or similar restrictions without OPEX's prior written authorization. You represent that you and the destination of the parts are not subject to applicable trade sanctions.

Lead times shown at quote are estimates measured from order confirmation and receipt of production-ready files. Title and risk of loss pass to you upon shipment from our facility unless otherwise agreed in writing.

You must inspect delivered parts within ten (10) business days of receipt. Claims for shortages, non-conformance, or transit damage must be submitted in writing within that period, along with photographs and part identifiers.

Unless otherwise agreed, orders are prepaid at confirmation. Approved accounts may be offered net terms in writing. Late invoices accrue interest at the lower of 1.5% per month or the maximum rate permitted by law. All prices are exclusive of taxes, duties, and shipping unless expressly stated.

OPEX warrants that manufactured parts will materially conform to the specifications you approved at order confirmation. As your exclusive remedy, OPEX will, at its option, re-manufacture non-conforming parts or refund the amount paid for them.

The warranty does not cover: (a) parts modified after delivery; (b) failures caused by uses beyond the design intent of additive manufacturing; (c) tolerances tighter than those specified in the accepted quote; or (d) issues arising from Customer IP defects. Except as expressly stated, the Services are provided "as is" and OPEX disclaims all other warranties, express or implied, including merchantability and fitness for a particular purpose.

To the maximum extent permitted by law, OPEX's aggregate liability arising out of or related to the Services or an order shall not exceed the amount you paid to OPEX for the order giving rise to the claim. OPEX shall not be liable for any indirect, incidental, consequential, special, exemplary, or punitive damages, including lost profits, lost revenue, or downtime, even if advised of the possibility of such damages.

You agree to defend, indemnify, and hold harmless OPEX, its affiliates, and their respective officers, directors, employees, and manufacturing partners from and against any claims, demands, losses, damages, liabilities, costs, and expenses (including reasonable legal fees) arising out of or related to:

• your Customer IP, including any claim that its manufacture, use, or sale infringes or misappropriates a third party's intellectual property or other rights;
• your breach of these Terms or of any representation or warranty made by you;
• the end use, integration, resale, or distribution of the parts we manufacture for you;
• your violation of any applicable law, regulation, export control, or third-party right.

OPEX will notify you promptly of any claim subject to indemnification and cooperate reasonably in the defense at your expense.

Each party will protect the other's non-public information disclosed in connection with the Services using at least the same care it uses for its own confidential information, and only use it to perform under these Terms. Customer IP is treated as your confidential information.

Our handling of personal data, uploaded CAD files, and account information is described in our Privacy Policy, which is incorporated into these Terms. You may request deletion of your data as described in the Privacy Policy, subject to legal, tax, warranty, and traceability retention obligations that require OPEX to keep certain records.

You agree not to:

• Interfere with, probe, or disrupt the Services or their underlying infrastructure.
• Upload malware, unlawful content, or files you do not have the right to submit.
• Reverse engineer, scrape, or resell the instant quoting tool or Toolbox content.
• Use the Services to manufacture items prohibited by applicable law or export controls.

Some features require an account. You are responsible for the accuracy of your account information and for all activity under your credentials. Notify us promptly of any unauthorized use.

OPEX is not liable for any delay or failure to perform caused by events beyond its reasonable control, including acts of God, natural disasters, fire, flood, epidemic or pandemic, war, terrorism, civil unrest, labour disputes, government action, changes in law or export controls, cyber incidents, utility or telecommunications outages, machine downtime, and supply chain or raw material shortages. If such an event materially affects an order, OPEX will notify you and may reschedule or, if the delay is prolonged, cancel the affected order with a refund of amounts paid for undelivered parts.

OPEX may suspend or terminate your access to the Services if you breach these Terms, if required by law, or to protect the integrity of the platform. Sections that by their nature should survive termination (including IP, warranty limits, indemnification, liability, and confidentiality) will survive.

You may not assign or transfer these Terms or any order, in whole or in part, without OPEX's prior written consent. OPEX may assign these Terms in connection with a merger, acquisition, corporate reorganization, or sale of all or substantially all of its assets. Any purported assignment in breach of this section is void.

If any provision of these Terms is held to be invalid or unenforceable, the remaining provisions will remain in full force and effect, and the invalid provision will be replaced by an enforceable provision that most closely reflects the original intent. Our failure to enforce any right or provision is not a waiver of that right or provision.

These Terms, together with any order you confirm, the accepted quote, and the Privacy Policy, constitute the entire agreement between you and OPEX regarding the Services, and supersede any prior or contemporaneous understandings on the same subject matter. Any pre-printed terms on your purchase orders or other business documents are expressly rejected and have no effect.

These Terms are governed by the laws of the Province of Quebec and the federal laws of Canada applicable therein, without regard to conflict-of-law rules. The parties submit to the exclusive jurisdiction of the courts located in Montreal, Quebec for any dispute arising from these Terms, subject to any mandatory consumer protections in your jurisdiction.

We may update these Terms from time to time. The "Last updated" date at the top reflects the most recent revision. Material changes will be communicated by updating this page and, where appropriate, by email. Your continued use of the Services after changes take effect constitutes acceptance of the revised Terms.

Questions about these Terms? Reach us at support@opexmfg.com or through our contact page.