These terms apply in addition to HUB Electronics Ltd’s standard Terms and Conditions of Sale. In the event of conflict, these Prototype & Custom Build Terms shall take precedence for prototype or custom build orders.
1. Specifications
- The Customer is responsible for providing accurate and complete specifications, drawings, and requirements.
- HUB Electronics Ltd (“the Company”) manufactures strictly in accordance with the Customer’s instructions and accepts no liability where such specifications are inaccurate, incomplete, or unsuitable for the intended purpose.
2. Nature of Prototypes
- Prototypes and custom builds are supplied for evaluation and testing purposes only.
- Unless expressly agreed in writing, prototypes are not warranted to be suitable for long-term, production, or mission-critical applications.
3. Acceptance & Testing
- Unless otherwise agreed in writing, delivery of a prototype shall be deemed accepted if no written rejection is received within 7 days of delivery.
- Any acceptance testing, performance criteria, or quality standards must be agreed in writing before commencement of manufacture.
4. Changes & Iterations
- Any changes requested after an order has been confirmed may be subject to additional charges and may affect delivery times.
- The Company may refuse changes that are impractical or commercially unreasonable.
5. Intellectual Property
- The Customer retains ownership of its designs and intellectual property.
- The Company retains ownership of any manufacturing processes, tooling, jigs, fixtures, or improvements it develops, unless otherwise agreed in writing.
6. Tooling & Materials
- Where special tooling or materials are required, ownership shall remain with the Company unless specifically purchased by the Customer.
- The Company may, at its discretion, reuse or adapt such tooling for other work, unless bound by confidentiality obligations.
7. Cancellations & Costs
- Prototype and custom build orders are non-cancellable once production has begun.
- The Customer will be liable for all work in progress, labour, and material costs incurred up to the date of cancellation.
8. Lead Times
- All lead times for prototypes are estimates and subject to material and resource availability.
- The Company shall not be liable for delays arising from supply chain constraints, technical challenges, or Customer-requested changes.
9. Liability
- The Company’s liability for prototypes or custom builds is limited to the replacement of defective goods or a refund of the purchase price, at its discretion.
- The Company shall not be liable for consequential, indirect, or downstream losses arising from the use, testing, or failure of prototypes.
- Total liability shall not exceed the total price paid by the Customer for the specific prototype order.
10. Confidentiality
- Both parties agree to treat each other’s drawings, designs, processes, and technical information as confidential and not to disclose them to third parties without prior written consent, except where required by law.
