Terms of sale
These terms are complete and apply to orders placed with us. They were drafted in-house from our own operating practice and have not been reviewed by external counsel; that review is planned. Where a signed order or a quotation says something different, that document governs.
These terms apply to the supply of parts by Opus Aether Private Limited, CIN U74900KA2026PTC224602. Use of the website is covered separately by the terms of use.
How an order is formed
A request starts a technical review. A quotation is an offer to supply on these terms. A contract exists when you accept that quotation in writing, or when we confirm your purchase order in writing, whichever happens first. Nothing on the website and no verbal indication forms a contract.
Quotations and price
Prices and dates are given by quotation after technical review. A quotation is valid for the period stated on it, and where no period is stated, for 30 days from issue. Prices are exclusive of GST and of freight, insurance and any duties, which are charged as incurred.
What we agree to make
What we agree to make is what is described at technical review: the geometry, the material, and the features identified as fit-critical. Dimensional expectations are assessed per part at that point rather than taken from a general published figure. If the requirement changes after review, it is a new quotation.
Payment
Payment terms are stated on the quotation. Unless it says otherwise, first orders are payable in full before production begins, and subsequent orders are payable against invoice on delivery. We may suspend work on an account with an overdue invoice, and interest on overdue amounts is charged at the rate the Micro, Small and Medium Enterprises Development Act 2006 provides where it applies.
Delivery, risk and title
Dates given for despatch are estimates made in good faith at the point of quotation and are not of the essence unless we agree in writing that they are. Risk in the parts passes to you when they are handed to the carrier. Title passes when we have been paid in full, and until then the parts remain ours.
Inspect parts on arrival. Tell us about shortage, damage in transit, or a part that does not match what was agreed, within 7 days of delivery. After that the parts are treated as accepted, except for a defect that could not reasonably have been found on inspection.
If a part is not right
If a part does not match what was agreed at review, tell us and we will remake it, or credit it if you would rather. That is your remedy for a non-conforming part. It does not apply to parts altered after delivery, to damage from use outside what was described at review, or to characteristics inherent in the process that were identified and accepted at review.
Cancellation
You may cancel before production begins at no charge beyond any design or review work already done. Once production has begun, you are liable for the work completed and for material already committed to your order. Bespoke parts cannot be returned for a reason other than non-conformity.
Design work, tooling and intellectual property
You keep every right in the geometry and the designs you send us. Where we produce new design work for you, ownership of that work and what each side may do with it are agreed in writing before the work starts, so neither side has to infer the arrangement later. We keep our own process knowledge — how a part was oriented, supported, sliced and run — which is ours irrespective of whose part it was.
What parts are not for
See prohibited items. That exclusion is a term of sale, not a preference. Parts are not supplied for safety-critical, life-support, medical, implantable, food-contact, pressure-retaining, hazardous-area or firearms applications, nor for flight-critical or load-bearing structure, unless separately agreed in writing. You are responsible for deciding whether a part is fit for your application, and for qualifying it.
Liability
Our total liability arising from an order, whether in contract, tort or otherwise, is limited to the amount you paid for that order. We are not liable for indirect or consequential loss, loss of profit, loss of production, loss of contract, or loss of data. Nothing here excludes liability for death or personal injury caused by negligence, for fraud, or for anything else that cannot lawfully be excluded.
Circumstances outside our control
We are not in breach for a delay or failure caused by something outside our reasonable control, including power or network failure, machine failure, material shortage, transport disruption, or an act of government. If it continues long enough to defeat the purpose of the order, either side may cancel and we will refund what has been paid for work not done.
Governing law and forum
These terms are governed by the laws of India. The courts at Bengaluru, Karnataka have exclusive jurisdiction over any dispute arising from them. If any provision is held unenforceable, the rest continues to apply.