Agreement to Terms

These Terms of Service ("Terms") govern your access to and use of the PrometheanFoam website (prometheanfoam.com) and our services as a B2B supplier of foam metal materials. By accessing our website, requesting quotes, ordering samples, or purchasing products, you agree to be bound by these Terms.

If you are using our services on behalf of a company, you represent that you have the authority to bind that company to these Terms.

Our Services

PrometheanFoam provides:

• Custom foam metal manufacturing and prototyping
• EMI shielding materials and solutions
• Nickel foam for battery applications
• Copper foam and nickel-plated steel strip
• Technical consultation and engineering support
• Global shipping and logistics

Sample Order Terms

• A $79 sample fee is required for custom sample kits
• This fee is fully credited toward your first production order
• Samples are provided for evaluation purposes only
• Sample specifications are subject to our review and approval
• Lead time for samples is typically 3-7 business days

Ordering and Payment Terms

Quotations

• Quotes are valid for 30 days from issuance
• Prices are in US Dollars unless otherwise specified
• Minimum order quantities may apply
• Custom specifications may affect pricing and lead times

Payment Terms

• Standard terms: Net 30 for approved credit customers
• New customers: Payment in advance or certified funds
• International orders: Wire transfer or credit card
• We accept payment through Stripe and bank transfers
• All payments are processed in US Dollars

Taxes and Duties

• Prices do not include taxes, duties, or customs fees
• Customer is responsible for all import/export duties
• US sales tax will be added where applicable

Shipping and Delivery

Shipping Terms

• FOB Shipping Point unless otherwise agreed
• Title and risk of loss pass to buyer upon delivery to carrier
• Shipping costs are additional and will be quoted separately
• We use reputable carriers: FedEx, UPS, DHL for international

Delivery Times

• Standard lead times: 2-4 weeks for production quantities
• Expedited production available at additional cost
• Lead times are estimates and not guarantees
• Custom materials may require longer lead times

International Shipping

• We ship globally to 50+ countries
• Export compliance is customer's responsibility
• Additional documentation may be required for certain countries
• Some materials may be subject to export restrictions

Quality Assurance and Returns

Quality Standards

• All materials meet specified technical requirements
• Certificates of Compliance available upon request
• ISO 9001:2015 quality management system
• Material test reports provided with shipments

Returns Policy

• Custom manufactured materials are non-returnable
• Standard stock items may be returned within 30 days (15% restocking fee)
• Materials must be in original, unopened condition
• Defective materials will be replaced at our expense
• Return authorization required prior to return

Warranty

• Materials are warranted to meet published specifications
• Warranty period: 90 days from shipment date
• Warranty does not cover normal wear and tear or improper use
• Our liability is limited to replacement of defective materials

Intellectual Property

Our Intellectual Property

• All website content, logos, and trademarks are our property
• Technical data sheets and specifications are proprietary
• Manufacturing processes and formulations are trade secrets
• No license is granted except for use of purchased materials

Customer Intellectual Property

• Customer designs and specifications remain customer property
• We maintain confidentiality of customer information
• We will not use customer designs for other customers without permission
• NDA available for sensitive projects

Limitation of Liability

General Limitations

• We are not liable for consequential, incidental, or special damages
• Total liability limited to purchase price of materials
• No liability for delays beyond our reasonable control
• Materials are provided "as is" without additional warranties

Indemnification

You agree to indemnify and hold harmless PrometheanFoam from any claims arising from your use of our materials, including but not limited to improper application, failure to follow safety guidelines, or infringement of third-party rights.

Confidentiality

• Both parties agree to maintain confidentiality of business information
• Technical specifications and pricing are confidential
• Confidentiality survives termination of business relationship
• Exceptions: Publicly available information or legally required disclosure

Force Majeure

We are not liable for delays or failures in performance resulting from causes beyond our reasonable control, including but not limited to acts of God, war, terrorism, labor disputes, material shortages, transportation delays, or government actions.

Governing Law and Dispute Resolution

Governing Law

• These Terms are governed by Wyoming law, USA
• UN Convention on Contracts for the International Sale of Goods does not apply

Dispute Resolution

• Disputes will be resolved through good faith negotiations
• If unresolved, disputes will be settled in Wyoming courts
• Each party bears its own legal fees
• No class action or consolidated claims permitted

Changes to Terms

We reserve the right to modify these Terms at any time. We will notify you of material changes by posting the updated Terms on our website. Your continued use of our services after changes constitutes acceptance of the new Terms.

Contact Information

For questions about these Terms or our services: