Refund policy

Refund & Returns Policy – Supplies, Consumables, Equipment Sales & Operational Conditions

 

CUTWORX USA

Last Updated: August 20, 2025


Scope of Policy

This Refund & Returns Policy applies to purchases made from CUTWORX USA, including supplies, consumables, parts, accessories, software, services, and equipment.

This policy applies only to the extent it is not superseded by a separate signed agreement.

Certain transactions may be governed by separate written agreements, including but not limited to:

  • Equipment Purchase Proposals
  • Sales Agreements
  • Purchase Orders accepted by CUTWORX USA
  • Financing Agreements
  • Lease Agreements
  • Service Agreements
  • Software License Agreements
  • Installation Agreements
  • Training Agreements
  • Manufacturer-specific agreements

In the event of any conflict between this policy and a signed agreement properly approved by CUTWORX USA, the signed agreement shall control.

All signed agreements, purchase agreements, service agreements, financing documents, written authorizations, and properly approved written exceptions take precedence over this policy only when approved in accordance with the authority requirements stated below.

By placing an order, executing a proposal, submitting a purchase order, remitting a deposit, accepting delivery, authorizing installation, or otherwise purchasing products, equipment, software, services, consumables, or parts from CUTWORX USA, the customer acknowledges that they have had an opportunity to review this policy and agree to be bound by its terms.


1. Commercial Purchaser Acknowledgment

CUTWORX USA products, equipment, software, parts, supplies, and services are sold primarily for commercial, industrial, manufacturing, educational, governmental, and business purposes.

The customer represents and warrants that purchases from CUTWORX USA are made for commercial or business use and not primarily for personal, family, or household use.

The customer further acknowledges that commercial equipment purchases may involve production planning, facility requirements, operator training, material testing, software compatibility considerations, power requirements, compressed air requirements, workflow integration, and other operational factors that are the responsibility of the customer to evaluate before purchase.


2. Equipment Purchases Governed by Separate Agreements

All equipment purchases made through CUTWORX USA are governed by a separate Equipment Purchase Proposal, Sales Agreement, accepted Purchase Order, Financing Agreement, Lease Agreement, or other written contract approved by CUTWORX USA.

Equipment includes but is not limited to:

  • CNC routers
  • Digital cutting systems
  • Flatbed cutters
  • Laser systems
  • Finishing equipment
  • Automation systems
  • Software-controlled machinery
  • Integrated production systems
  • Large-format production equipment
  • Capital equipment
  • Related accessories, tooling, software, and installation services sold as part of an equipment transaction

Any signed Equipment Purchase Proposal or other properly approved written agreement shall control the specific equipment transaction.

Equipment purchases are not governed by the standard consumables return policy unless expressly stated in a written agreement approved by CUTWORX USA.


3. Equipment Orders, Custom Orders, and Return Limitations

CUTWORX USA sells equipment for commercial, industrial, production, educational, and business use. Equipment purchases often involve planning, coordination, manufacturer scheduling, freight arrangements, software licensing, installation preparation, and application-specific considerations.

Because equipment orders are not the same as standard consumer retail purchases, equipment returns, cancellations, exchanges, and refunds are governed by the applicable Equipment Purchase Proposal, Sales Agreement, manufacturer policy, and any written terms approved by CUTWORX USA.

Custom, Special-Order, Configured, or Non-Stock Equipment

Custom, special-order, configured, imported, modified, reserved, allocated, or non-stock equipment is not returnable and not refundable once the order has been accepted by CUTWORX USA, unless otherwise required by law or expressly approved in writing by CUTWORX USA.

This includes equipment that is:

  • Ordered specifically for the customer
  • Configured for the customer's application
  • Imported or allocated for the customer's order
  • Modified, bundled, or prepared for the customer's use
  • Subject to manufacturer allocation, cancellation limits, or return restrictions
  • Sold with software licensing, installation planning, training, or freight coordination

For these types of orders:

  • Returns are not accepted.
  • Refunds are not issued.
  • Exchanges are not guaranteed.
  • Cancellations may be denied or subject to manufacturer, freight, financing, administrative, or restocking costs.
  • Deposits may be non-refundable if costs have already been incurred.

Standard Equipment Orders

For standard, in-stock equipment that has not been used, installed, modified, registered, financed, leased, damaged, or placed into production, CUTWORX USA may review return or cancellation requests on a case-by-case basis.

Approval is not guaranteed and may depend on:

  • Manufacturer return eligibility
  • Equipment condition
  • Packaging condition
  • Software or license activation status
  • Freight status
  • Installation status
  • Financing or lease status
  • Time elapsed since purchase or delivery
  • Whether the equipment can reasonably be resold as new

Any approved return or cancellation may be subject to:

  • Manufacturer restocking fees
  • CUTWORX USA restocking fees
  • Freight charges
  • Inspection costs
  • Administrative costs
  • Software or license fees
  • Installation or de-installation costs
  • Financing or lease-related charges
  • Any other costs already incurred

No Automatic Return Right

Nothing in this policy creates an automatic right to return, cancel, exchange, or receive a refund for equipment.

Any equipment return, cancellation, exchange, credit, or refund must be approved in writing by CUTWORX USA and must comply with the applicable Equipment Purchase Proposal, Sales Agreement, manufacturer policy, and executive approval requirements stated in this policy.

Customer Purchase Responsibility

Before purchasing equipment, customers are encouraged to review specifications, facility requirements, application needs, manufacturer documentation, software requirements, testing options, and production expectations.

CUTWORX USA will make reasonable efforts to provide product information, demonstrations, consultation, and pre-purchase evaluation opportunities when available. However, the customer remains responsible for determining whether the equipment is appropriate for their intended use, materials, facility, workflow, staffing, and business objectives.

Customer dissatisfaction with business results, production speed, production volume, return on investment, profitability, staffing needs, workflow changes, or customer demand does not automatically create a right to return, cancel, exchange, or refund an equipment purchase.


4. Customer Responsibility for Purchase Decision

The customer is solely responsible for determining whether equipment, software, consumables, services, or accessories purchased from CUTWORX USA are suitable for the customer's intended application, production environment, business model, staffing level, facility conditions, material requirements, and workflow.

CUTWORX USA may provide product information, demonstrations, consultations, sample testing, estimates, recommendations, or general guidance. However, the final purchase decision remains solely with the customer.

The customer acknowledges that CUTWORX USA does not guarantee:

  • A specific production volume
  • A specific production speed
  • A specific labor savings result
  • A specific revenue result
  • A specific profit result
  • A specific return on investment
  • A specific customer outcome
  • A specific business opportunity
  • A specific contract award
  • A specific workflow result
  • Compatibility with every possible material, file, software platform, or production process

Unless such guarantee is expressly stated in a written agreement signed and approved by an authorized CUTWORX USA Owner, Partner, Executive Officer, General Manager, or other duly authorized representative.


5. Pre-Purchase Testing & Evaluation Recommendation

CUTWORX USA strongly encourages all prospective equipment purchasers to perform appropriate pre-purchase testing, application review, and due diligence before making a purchasing decision.

Depending on the equipment type, manufacturer availability, application requirements, and customer needs, customers may be offered or may request:

  • Material testing
  • Sample production testing
  • File testing
  • Application review
  • Showroom demonstration
  • Factory demonstration
  • Video demonstration
  • Remote demonstration
  • Technical consultation
  • Workflow review
  • Manufacturer consultation
  • Production feasibility discussion

Customers are encouraged to submit representative files, materials, production requirements, finishing requirements, throughput goals, and application details for evaluation whenever practical.

By proceeding with a purchase, the customer acknowledges that they have either:

  1. Completed all testing, demonstrations, evaluations, consultations, and due diligence they consider necessary; or
  2. Voluntarily elected to proceed with purchase without further testing or evaluation.

The customer's inability, refusal, or decision not to participate in pre-purchase testing, demonstrations, or evaluation shall not create any right of return, refund, cancellation, rescission, exchange, credit, or reduction of purchase price.


6. Acceptance of Equipment

Unless otherwise stated in a signed agreement approved by CUTWORX USA, equipment shall be deemed accepted upon the earliest occurrence of:

  • Delivery to the customer or customer's designated location
  • Delivery to a carrier, installer, storage location, or third-party logistics provider designated for the customer
  • Installation completion
  • Customer training completion
  • First operational use
  • Customer taking possession
  • Five (5) calendar days after delivery without written notice of freight damage or nonconformity

Acceptance confirms that the equipment was received and accepted subject only to applicable written warranty provisions.

Customer acceptance does not create any right of return or refund and does not alter the final sale nature of equipment purchases.


7. General Return Policy – Supplies and Consumables

CUTWORX USA offers a ten (10) calendar day return window for eligible consumables and supplies only.

This section applies to eligible supplies and consumables, including but not limited to:

  • Media
  • Blades
  • Inks
  • Accessories
  • Consumable materials
  • Certain replacement items not sold as part of an equipment transaction

Return requests must be initiated within ten (10) calendar days of delivery.

Approved returns must be received by CUTWORX USA within the same ten (10) calendar day period unless otherwise approved in writing.

To qualify for return, items must:

  • Be unused
  • Be unopened
  • Remain factory sealed
  • Be in original packaging
  • Include all accessories, manuals, labels, and included materials
  • Include valid proof of purchase

Returns that do not meet these requirements will be denied and may be returned to the customer at the customer's expense.


8. Non-Defective Returns

For approved non-defective returns of eligible supplies or consumables:

  • The item must be factory sealed and unused.
  • A twenty-five percent (25%) restocking fee applies.
  • Original shipping charges are non-refundable.
  • Return shipping is the responsibility of the customer.
  • Risk of loss during return shipping remains with the customer until received by CUTWORX USA.

Opened, used, altered, installed, damaged, incomplete, or tampered items will not be accepted.


9. Defective Consumables

Defective consumables may be eligible for exchange only.

No refunds will be issued for defective consumables.

To qualify:

  • Customer must notify CUTWORX USA within ten (10) calendar days of delivery.
  • The item must be returned for inspection.
  • The alleged defect must be verified by CUTWORX USA.
  • Replacement will be issued for the same product only.

If the defect is confirmed by CUTWORX USA, CUTWORX USA may cover reasonable return shipping costs or provide a replacement shipping method.

Consumables damaged by improper storage, improper use, contamination, environmental conditions, incorrect equipment settings, operator error, facility conditions, or incompatible use are not considered defective for purposes of this policy.


10. Damaged, Missing, Defective, or Incorrect Shipments

Customers must inspect all shipments immediately upon delivery.

Claims involving:

  • Damaged items
  • Missing items
  • Incorrect items
  • Defective items
  • Freight damage
  • Visible packaging damage

Must be reported to CUTWORX USA within ten (10) calendar days of delivery.

Failure to report within this timeframe may result in denial of the claim.

Customers must retain all packaging, labels, photographs, shipping documents, and damaged goods until the claim is resolved.

Disposal of packaging or product before inspection may result in denial of the claim.


11. International Orders

All international sales are final.

No returns, refunds, exchanges, credits, or cancellations will be accepted for orders shipped outside the United States unless required by applicable law or expressly approved in writing by CUTWORX USA.

The customer is responsible for:

  • Import duties
  • Taxes
  • Customs fees
  • Brokerage fees
  • Local compliance requirements
  • International shipping charges
  • Delays caused by customs or carriers

CUTWORX USA is not responsible for delays, seizure, rejection, customs holds, import restrictions, or local regulatory issues outside the United States.


12. Return Authorization Requirement

All returns require prior written authorization from CUTWORX USA.

Returns sent without prior written approval may be refused, rejected, or returned to the customer at the customer's expense.

To initiate a return request, contact CUTWORX USA through:

Website contact form
or
Email: rdivarco@cutworxusa.com

Return Address:

CUTWORX USA
8101 Tristar Drive, Suite 110
Irving, TX 75063
United States

Issuance of return authorization does not guarantee refund, exchange, or credit. All returned items remain subject to inspection and final approval.


13. Return Inspection

All returned items are subject to inspection by CUTWORX USA.

Items may be rejected if they show evidence of:

  • Use
  • Wear
  • Installation
  • Physical damage
  • Tampering
  • Missing packaging
  • Missing accessories
  • Missing labels
  • Contamination
  • Improper storage
  • Improper handling
  • Alteration
  • Unauthorized modification

Rejected items may be returned to the customer at the customer's expense.

CUTWORX USA's inspection determination shall be final.


14. Software, Operating System, and System Compatibility Disclaimer

Certain CUTWORX USA equipment platforms, including but not limited to Eclipse Series, Apex Series, COMAGRAV systems, laser systems, finishing systems, and other software-controlled equipment, may utilize Windows-based software environments, third-party software, drivers, firmware, licensing systems, network connections, cloud services, or manufacturer-controlled software tools.

CUTWORX USA is not responsible for performance issues, downtime, incompatibility, or loss of functionality arising from:

  • Microsoft Windows updates or changes
  • Operating system updates
  • Driver conflicts
  • Firmware updates
  • Software licensing restrictions
  • Security certificate enforcement
  • Antivirus software
  • Firewall settings
  • Cybersecurity policies
  • Network restrictions
  • Third-party software interference
  • Third-party software updates
  • Manufacturer software changes
  • Computer hardware failures
  • Customer IT restrictions
  • Internet outages
  • Cloud service interruptions
  • Compatibility changes outside CUTWORX USA's control

In some cases, additional troubleshooting, research, development, manufacturer support, software updates, IT support, or paid service work may be required to restore compatibility or functionality.

These circumstances are outside the reasonable control of CUTWORX USA.

CUTWORX USA shall not be liable for:

  • Lost production time
  • Labor costs
  • Material loss
  • Missed deadlines
  • Missed contracts
  • Business interruption
  • Lost revenue
  • Lost profits
  • Software downtime
  • Data loss
  • Network downtime
  • Customer IT costs

arising from software, operating system, driver, network, or third-party compatibility issues.


15. Power, Facility, Utility, and Operating Requirements

All equipment, consumables, software-controlled systems, and production systems require proper facility conditions.

Customers are solely responsible for ensuring that their facility, utilities, environment, staff, and operating conditions comply with all applicable manufacturer specifications, CUTWORX USA recommendations, local codes, and operational requirements.

Electrical Requirements

Customers are responsible for ensuring:

  • Correct voltage
  • Proper phase configuration, including single-phase or three-phase where applicable
  • Adequate amperage
  • Proper circuit protection
  • Stable and conditioned power supply
  • Proper grounding
  • Proper disconnects
  • Proper electrical installation
  • Code-compliant wiring
  • Protection from surges, brownouts, blackouts, and electrical instability

Environmental Requirements

Customers are responsible for maintaining:

  • Proper temperature ranges
  • Proper humidity ranges
  • Clean production environment
  • Adequate ventilation
  • Adequate dust control
  • Proper machine clearance
  • Proper flooring
  • Stable installation surface
  • Safe operating conditions

Compressed Air Requirements

Where compressed air is required, customers are responsible for providing:

  • Clean air
  • Dry air
  • Regulated air
  • Oil-free air where required
  • Proper pressure
  • Proper volume
  • Proper filtration
  • Proper moisture removal
  • Proper air line sizing

Air must be free of moisture, oil, contamination, and pressure instability.

Network and Internet Requirements

Where network or internet connectivity is required, customers are responsible for providing:

  • Stable internet connection
  • Stable local network
  • Proper firewall configuration
  • Proper IT permissions
  • Required software access
  • Required update access
  • Appropriate cybersecurity configuration
  • Compatible computer systems where applicable

Liability Disclaimer for Facility Conditions

CUTWORX USA is not responsible for damage, downtime, performance issues, service issues, failed production, or warranty claims resulting from:

  • Power fluctuations
  • Surges
  • Brownouts
  • Blackouts
  • Improper grounding
  • Electrical resonance
  • Facility wiring deficiencies
  • Incorrect voltage
  • Incorrect phase
  • Inadequate amperage
  • Contaminated compressed air
  • Wet compressed air
  • Oil-contaminated compressed air
  • Inadequate air pressure
  • Inadequate air volume
  • Temperature problems
  • Humidity problems
  • Dust, debris, or environmental contamination
  • Network instability
  • Internet interruptions
  • Customer IT restrictions
  • Improper maintenance
  • Operator error
  • Improper material use
  • Failure to follow operating instructions

Any resulting damage, including damage to equipment, components, software functionality, tooling, materials, or consumables, may:

  • Void eligibility for return
  • Void eligibility for refund
  • Void warranty coverage
  • Require paid service
  • Remain the sole responsibility of the customer and/or facility provider

CUTWORX USA reserves the right to request verification of facility compliance before approving any claim, warranty request, return request, service request, or installation.


16. Consumables and Use Limitations

Consumable products are non-returnable once opened, used, installed, altered, contaminated, damaged, or removed from original packaging.

Eligibility for return applies strictly to unused, unopened, factory-sealed items that satisfy all requirements of this policy.

Consumables include but are not limited to:

  • Blades
  • Bits
  • Knives
  • Inks
  • Media
  • Films
  • Adhesives
  • Mats
  • Filters
  • Belts
  • Pads
  • Cartridges
  • Other wear items or production materials

Normal wear, improper use, operator error, improper storage, contamination, expired shelf life, environmental exposure, or material incompatibility does not constitute a defect.


17. Installation and Service Requirements

Warranty replacement parts, service parts, and certain equipment components may be required to be:

  • Installed
  • Calibrated
  • Tested
  • Verified

by authorized CUTWORX USA technicians, manufacturer technicians, or other approved service providers.

Parts that are:

  • Self-installed
  • Improperly installed
  • Damaged during installation
  • Installed by unauthorized personnel
  • Modified without approval
  • Used outside specifications

may not be eligible for return, refund, replacement, or warranty coverage.

Customer-performed installation or repair is at the customer's own risk unless expressly approved in writing.


18. Refund Processing

Once a return is approved and inspection is completed, eligible refunds are generally issued within approximately seventy-two (72) business hours after approval.

Refunds are returned to the original payment method unless otherwise determined by CUTWORX USA.

Financial institutions, credit card processors, banks, and payment platforms may require additional processing time.

If more than fifteen (15) business days have passed after refund approval, customers should contact CUTWORX USA.

Approval of a refund for one transaction does not create a waiver, course of dealing, or obligation to approve future refunds.


19. Exchanges

To exchange an eligible item:

  1. The original item must qualify for return under this policy.
  2. The return must be approved by CUTWORX USA.
  3. The customer must place a new order for the desired replacement item.

Exchanges are subject to product availability.

CUTWORX USA is not responsible for discontinued items, price changes, manufacturer delays, or shipping delays affecting replacement products.


20. Return Abuse Prevention

CUTWORX USA reserves the right to deny returns, refunds, exchanges, credits, or future purchases in cases involving:

  • Excessive return activity
  • Fraud
  • Misrepresentation
  • Abuse of return privileges
  • Attempts to return used items
  • Attempts to return opened consumables
  • Attempts to return altered products
  • Chargeback abuse
  • False damage claims
  • False defect claims
  • Unauthorized deductions from payment
  • Failure to comply with return procedures

CUTWORX USA may also restrict future sales or require alternative payment terms where abuse, nonpayment, or repeated disputes occur.


21. No Reliance on Sales Statements, Estimates, or Projections

The customer acknowledges that no oral statement, sales discussion, demonstration, marketing material, proposal note, email, text message, production estimate, productivity estimate, return-on-investment projection, profitability projection, revenue projection, sample result, or general recommendation constitutes a guarantee unless expressly incorporated into a written agreement signed and approved by an authorized CUTWORX USA Owner, Partner, Executive Officer, General Manager, or other duly authorized representative.

The customer agrees that purchase decisions are based on the customer's independent evaluation, business judgment, due diligence, and review of written agreements.

No representation shall modify this policy unless approved in accordance with the Authority to Modify Terms section below.


22. Authority to Modify Terms; Contract Approval Requirements

Exclusive Authority to Approve Exceptions

CUTWORX USA maintains standardized policies, procedures, pricing structures, warranty limitations, return policies, liability limitations, final sale provisions, and contractual requirements that apply to its customers.

No salesperson, sales representative, sales manager, dealer, reseller, independent contractor, technician, installer, trainer, customer service representative, consultant, or other non-executive employee or agent of CUTWORX USA shall have authority to:

  • Modify this policy
  • Waive any provision of this policy
  • Grant refund rights
  • Authorize equipment returns
  • Expand warranty coverage
  • Guarantee production results
  • Guarantee profitability
  • Guarantee return on investment
  • Modify liability limitations
  • Modify venue or jurisdiction provisions
  • Alter equipment purchase terms
  • Create cancellation rights
  • Create buyback obligations
  • Create trade-in obligations
  • Create obligations inconsistent with written CUTWORX USA policies

unless expressly approved in accordance with this section.

Executive Approval Requirement

Any exception, modification, amendment, waiver, special accommodation, refund authorization, warranty extension, performance guarantee, trade-in commitment, buyback commitment, cancellation right, liability modification, or contractual term that conflicts with CUTWORX USA policies shall be valid only if all of the following requirements are satisfied:

  1. The exception is documented in a written agreement.
  2. The agreement specifically identifies the provision being modified.
  3. The agreement expressly states that it is intended to supersede the applicable CUTWORX USA policy, agreement, proposal, or standard term.
  4. The agreement is approved and executed by an authorized Owner, Partner, Executive Officer, General Manager, or other individual expressly granted such authority by CUTWORX USA.

Failure to satisfy all four requirements shall render the purported modification void and unenforceable.

Authorized Contract Approval Authority

Only the following individuals or positions possess authority to approve deviations from standard CUTWORX USA policies, procedures, warranties, liability limitations, return policies, equipment sale terms, refund policies, or contractual obligations:

  • Owners of CUTWORX USA
  • Equity Partners of CUTWORX USA
  • Executive Officers of CUTWORX USA
  • The General Manager of CUTWORX USA
  • Other individuals expressly delegated written authority by CUTWORX USA ownership or executive management

As of the effective date of this policy, contract review, policy exception review, and non-standard commercial term requests should be directed to:

Raum Divarco
General Manager
CUTWORX USA
Email: rdivarco@cutworxusa.com

Raum Divarco, as General Manager, oversees operational execution, contract administration, policy compliance, and review of non-standard commercial terms on behalf of CUTWORX USA.

Submission of a request to Raum Divarco does not constitute approval.

Approval shall exist only upon execution of a written authorization by an Owner, Partner, Executive Officer, General Manager, or other duly authorized representative acting within the scope of their authority.

No Authority of Sales Personnel

No salesperson, sales representative, sales manager, dealer, reseller, consultant, technician, installer, trainer, customer service representative, independent contractor, or other non-executive employee shall possess authority to:

  • Modify company policies
  • Grant refund rights
  • Approve equipment returns
  • Expand warranty obligations
  • Waive contractual requirements
  • Alter liability limitations
  • Create performance guarantees
  • Create profitability guarantees
  • Create return-on-investment guarantees
  • Bind CUTWORX USA to terms inconsistent with published policies or executed agreements

Any such representation shall be deemed unauthorized unless approved pursuant to this section.

No Apparent Authority

Customers expressly acknowledge and agree that no salesperson, dealer, reseller, installer, trainer, consultant, technician, customer service representative, or other non-executive representative possesses apparent authority to bind CUTWORX USA to obligations inconsistent with its written policies, signed agreements, warranty terms, or published conditions of sale.

Customers agree that reliance upon any unauthorized statement, promise, estimate, guarantee, projection, email, text message, verbal communication, marketing representation, proposal notation, demonstration statement, or informal communication shall be solely at the customer's risk unless approved in writing by an authorized CUTWORX USA Owner, Partner, Executive Officer, General Manager, or other duly authorized representative.

Entire Agreement

This policy, together with any properly executed Equipment Purchase Proposal, Sales Agreement, Service Agreement, Financing Agreement, Lease Agreement, Software Agreement, Installation Agreement, or other written agreement approved by CUTWORX USA, constitutes the entire agreement between the parties concerning the applicable transaction.

No prior or contemporaneous oral statements, sales discussions, demonstrations, marketing materials, proposals, emails, text messages, or other communications shall modify these terms except as expressly authorized under this section.


23. Limitation of Liability and Waiver of Consequential Damages

IMPORTANT LEGAL ACKNOWLEDGMENT

THE CUSTOMER EXPRESSLY AGREES THAT THIS LIMITATION OF LIABILITY AND WAIVER OF CONSEQUENTIAL DAMAGES IS A MATERIAL TERM OF EVERY SALE, EQUIPMENT PURCHASE, SERVICE TRANSACTION, SOFTWARE LICENSE, PARTS PURCHASE, CONSUMABLES PURCHASE, AND BUSINESS RELATIONSHIP WITH CUTWORX USA.

WITHOUT THIS WAIVER, THE PRICING, TERMS, CONDITIONS, AND AVAILABILITY OF PRODUCTS AND SERVICES OFFERED BY CUTWORX USA WOULD BE DIFFERENT.

Waiver of Consequential Damages

To the maximum extent permitted by law, the customer knowingly, voluntarily, and expressly waives any right to recover from CUTWORX USA:

  • Lost profits
  • Lost revenue
  • Lost production
  • Lost productivity
  • Lost business opportunities
  • Lost contracts
  • Lost customers
  • Loss of goodwill
  • Loss of anticipated savings
  • Labor costs
  • Overtime costs
  • Material waste
  • Spoiled materials
  • Rework costs
  • Contract penalties
  • Missed deadlines
  • Missed customer obligations
  • Business interruption losses
  • Downtime damages
  • Data loss
  • Software loss
  • Loss of software functionality
  • Network downtime
  • Loss of equipment use
  • Cost of substitute equipment
  • Cost of substitute services
  • Indirect damages
  • Special damages
  • Incidental damages
  • Exemplary damages
  • Punitive damages
  • Consequential damages of any kind

This waiver applies whether the claim arises under:

  • Contract
  • Warranty
  • Negligence
  • Strict liability
  • Statute
  • Tort
  • Misrepresentation
  • Equity
  • Indemnity
  • Any other legal theory

This waiver applies even if CUTWORX USA was advised of the possibility of such damages.

Liability Cap

To the fullest extent permitted by law, the total cumulative liability of CUTWORX USA arising from or relating to any transaction, product, equipment purchase, software license, service call, installation, training engagement, warranty claim, consumables purchase, parts purchase, or business relationship shall not exceed the amount actually paid to CUTWORX USA for the specific product or service giving rise to the claim.

For equipment purchases, CUTWORX USA's liability shall not exceed the amount actually paid to CUTWORX USA for the specific equipment item giving rise to the claim, excluding taxes, freight, third-party charges, financing costs, installation charges, training charges, consumables, accessories, and other unrelated amounts unless otherwise required by law.

No Liability for External Factors

CUTWORX USA shall not be liable for losses arising from:

  • Facility conditions
  • Power quality issues
  • Improper electrical supply
  • Internet outages
  • Utility interruptions
  • Operating system updates
  • Third-party software changes
  • Cybersecurity restrictions
  • Network configuration issues
  • Customer misuse
  • Operator error
  • Inadequate maintenance
  • Improper storage
  • Environmental conditions
  • Improper material selection
  • Production workflow decisions
  • Business decisions made by the customer
  • Staffing issues
  • Customer IT policies
  • Customer delay
  • Manufacturer delay
  • Freight delay
  • Supply chain delay

The customer acknowledges that manufacturing equipment performance depends upon numerous variables outside the control of CUTWORX USA and assumes responsibility for those factors.

Customer Acknowledgment

By purchasing products, services, software, parts, consumables, or equipment from CUTWORX USA, the customer expressly acknowledges that:

  1. They have read and understand this limitation of liability provision.
  2. The waiver of consequential damages is conspicuous and material.
  3. The waiver is a significant factor in the pricing and availability of the products and services purchased.
  4. They voluntarily agree to be bound by these limitations.
  5. They understand that CUTWORX USA would not offer the same pricing or terms without these limitations.

24. Force Majeure

CUTWORX USA shall not be liable for delay, failure, non-performance, or inability to perform resulting from causes beyond its reasonable control, including but not limited to:

  • Natural disasters
  • Severe weather
  • Fire
  • Flood
  • Power outage
  • Labor shortage
  • Labor dispute
  • Supply chain disruption
  • Manufacturer delay
  • Transportation delay
  • Freight delay
  • Port congestion
  • Customs delay
  • Import delay
  • Export restriction
  • Tariffs
  • Government action
  • War
  • Terrorism
  • Civil unrest
  • Pandemic
  • Epidemic
  • Cybersecurity incident
  • Internet outage
  • Utility interruption
  • Material shortage
  • Component shortage
  • Carrier failure
  • Acts or omissions of third parties

Such events shall not create any right of cancellation, refund, consequential damage claim, penalty, chargeback, or offset against amounts owed to CUTWORX USA.


25. Payment Disputes, Chargebacks, and Setoff

Customers agree not to initiate chargebacks, payment reversals, unauthorized deductions, offsets, or payment disputes in violation of this policy or any signed agreement.

Any billing dispute must be submitted in writing to CUTWORX USA and must include reasonable supporting documentation.

Customer shall not withhold payment, offset invoices, or deduct claimed damages from amounts owed unless expressly approved in writing by CUTWORX USA.

Improper chargebacks, unauthorized offsets, or payment reversals may result in:

  • Suspension of service
  • Suspension of warranty support
  • Collection activity
  • Recovery of fees, costs, and expenses
  • Restriction of future purchases
  • Legal action where appropriate

26. Policy Supersession

In any conflict between this policy and a written agreement properly approved and executed by CUTWORX USA, the properly approved written agreement shall control.

No informal statement, quote notation, email, verbal representation, text message, proposal comment, or sales communication shall supersede this policy unless it satisfies the Authority to Modify Terms section above.


27. Governing Law, Venue, and Legal Enforcement

This policy shall be governed by and interpreted under the laws of the State of Texas without regard to conflict-of-law principles.

Any dispute, claim, or legal action arising from or relating to:

  • Product purchases
  • Equipment purchases
  • Software purchases
  • Consumables purchases
  • Parts purchases
  • Services
  • Installation
  • Training
  • Warranty claims
  • Refund requests
  • Return requests
  • Facility conditions
  • Equipment performance
  • Payment disputes
  • Policy enforcement
  • Contract interpretation

shall be brought exclusively in the state or federal courts located in Dallas County, Texas, unless otherwise required by applicable law.

The customer consents to personal jurisdiction and venue in Dallas County, Texas.

The prevailing party in any legal action arising from this policy, a purchase, a service transaction, or a related agreement shall be entitled to recover reasonable attorneys' fees, court costs, collection costs, expert fees, and expenses to the extent permitted by applicable law.


28. Severability

If any provision of this policy is found to be invalid, unlawful, or unenforceable, the remaining provisions shall remain in full force and effect.

The invalid or unenforceable provision shall be modified only to the minimum extent necessary to make it enforceable while preserving the intent of the provision as closely as possible.


29. Policy Updates

CUTWORX USA reserves the right to update, modify, revise, or replace this policy at any time.

The version in effect at the time of the applicable transaction shall govern that transaction unless otherwise stated in a signed agreement.

Continued use of CUTWORX USA products, services, website, or ordering systems after publication of an updated policy constitutes acknowledgment of the updated terms for future transactions.


30. Contact Information

For return requests, claims, contract review requests, policy questions, or written authorization requests, contact:

CUTWORX USA
8101 Tristar Drive, Suite 110
Irving, TX 75063
United States

Email: rdivarco@cutworxusa.com

Primary Contract Review Contact:
Raum Divarco
General Manager
CUTWORX USA
rdivarco@cutworxusa.com