Last Updated: October 2024
By accessing or using FlagShip's website (www.fsproto.com) or our manufacturing services (collectively, "Services"), you ("Customer" or "you") agree to be bound by these Terms and Conditions ("Agreement"). If you do not agree to these terms, you may not use our Services.
Note: This Agreement applies to all Services provided by FlagShip, including but not limited to CNC Machining, Injection Molding, Sheet Metal Fabrication, 3D Printing, Extrusion, Die Casting, Vacuum Casting, and Wire EDM.
FlagShip provides custom manufacturing services as requested by Customers. Specific services, specifications, quantities, and delivery timelines will be detailed in individual quotes and order confirmations ("Order Agreements"), which form part of this Agreement.
We reserve the right to modify or discontinue any Service at any time, provided that such changes will not affect existing orders without prior Customer consent.
All quotes are valid for 30 days from the date of issuance, unless otherwise specified. Quotes are based on the information and specifications provided by the Customer; changes to specifications may result in revised pricing.
Orders are placed when the Customer accepts a quote in writing (via email, electronic signature, or signed document). FlagShip reserves the right to accept or reject any order at its discretion.
Upon acceptance, FlagShip will provide a written order confirmation detailing specifications, pricing, payment terms, and delivery timeline. This confirmation constitutes a binding contract between the parties.
Unless otherwise agreed in writing, the following payment terms apply:
Late payments may incur a fee of 1.5% per month (or the maximum allowed by law) on the outstanding balance. FlagShip reserves the right to suspend work or delay shipment on orders with overdue payments.
Customer agrees to:
Delays caused by incomplete information, late approvals, or changes to specifications may result in revised delivery timelines and additional charges.
All designs, drawings, specifications, and other materials provided by the Customer remain the Customer's exclusive property. FlagShip is granted a limited, non-transferable license to use such materials solely for the purpose of fulfilling the Order Agreement.
All manufacturing processes, tooling designs (unless custom-made for and paid by Customer), software, and other intellectual property developed by FlagShip remain the exclusive property of FlagShip.
Customer shall indemnify and hold FlagShip harmless from any claims, damages, or liabilities arising from alleged infringement of third-party intellectual property rights based on Customer-provided designs or specifications.
FlagShip warrants that products will conform to the agreed specifications and be free from defects in material and workmanship for a period of 30 days from delivery. This warranty does not cover defects caused by improper use, handling, or modification by the Customer.
Customer shall inspect all products upon receipt and notify FlagShip of any non-conformities within 10 business days. Failure to provide timely notice will constitute acceptance of the products.
Delivery timelines are estimates based on the information available at the time of order. FlagShip shall use reasonable efforts to meet quoted delivery dates but shall not be liable for delays caused by circumstances beyond its control (including but not limited to material shortages, transportation issues, or acts of God).
Shipping terms (FOB origin, FOB destination, etc.) will be specified in the order confirmation. Risk of loss transfers to the Customer upon shipment unless otherwise agreed.
FlagShip's total liability for any claim arising out of or related to this Agreement shall not exceed the total amount paid by the Customer for the specific order giving rise to the claim.
FlagShip shall not be liable for any indirect, consequential, incidental, special, or punitive damages, including but not limited to loss of profits, business interruption, or loss of data, even if advised of the possibility of such damages.
Customer may terminate an order by providing written notice, subject to payment for work performed and materials purchased up to the termination date, plus a 20% cancellation fee to cover administrative costs.
FlagShip may terminate an order if: (a) Customer fails to make timely payments; (b) Customer provides inaccurate or incomplete information; (c) Customer breaches any material term of this Agreement; or (d) performance becomes impossible due to circumstances beyond FlagShip's control.
This Agreement shall be governed by and construed in accordance with the laws of the State of California, USA, without regard to its conflict of law principles.
Any disputes arising out of this Agreement shall be resolved through negotiation between the parties. If negotiation fails, the dispute shall be submitted to binding arbitration in Los Angeles County, California, in accordance with the rules of the American Arbitration Association.
FlagShip may update these Terms and Conditions from time to time. Changes will be effective upon posting on our website with an updated "Last Updated" date. Your continued use of our Services after such changes constitutes acceptance of the revised terms.
For existing orders, the terms in effect at the time of order placement shall apply.
If you have any questions about these Terms and Conditions, please contact us: