Digital Workbench Inc.
1. Acceptance of Terms; Binding Agreement
These Terms and Conditions (“Terms”) constitute a legally binding agreement between Digital Workbench Inc. (“Company”, “we”, “our”, “us”) and the customer or user (“Client”, “you”).
These Terms apply to all products, services, engineering, consulting, design, manufacturing, fabrication, and related support services (collectively, the “Services”) provided by Digital Workbench.
By requesting a quotation, placing an order, approving drawings or specifications, making payment, or otherwise engaging Digital Workbench, Client agrees to be bound by these Terms.
2. Company Information
Digital Workbench Inc.
5000 Yonge Street, Suite 1901
Toronto, ON, M2N 7E9
Canada
Phone: +1 800-390-8757
Email: info@digitalworkbench.com
Digital Workbench operates through a network of North American manufacturing and distribution facilities.
3. Scope of Products and Services
Digital Workbench provides custom engineered industrial products, including but not limited to industrial workbenches, storage systems and shelving, industrial carts and material handling equipment, seating and accessories, and custom metal assemblies and infrastructure solutions.
All products are custom-built to project-specific specifications approved by Client prior to production.
4. Quotations and Orders
All quotations are valid for the period stated on the quotation document and are subject to change until formally accepted in writing by Digital Workbench.
Orders are considered accepted only upon written confirmation by Digital Workbench.
5. Custom Engineering Disclaimer
All products are custom engineered and manufactured based on Client-provided or Client-approved specifications.
Client is solely responsible for reviewing and approving all drawings, configurations, dimensions, layouts, and functional requirements prior to production.
Digital Workbench shall not be liable for errors, omissions, or performance issues arising from Client-provided specifications, measurements, or instructions.
6. Pricing and Payment Terms
Prices are stated in the currency shown on the quotation and exclude applicable taxes, duties, or customs fees unless otherwise stated.
Payment terms are defined on the quotation or invoice. Failure to comply with agreed payment terms may result in suspension of production, withholding of shipment, or cancellation of order.
7. Lead Times and Delivery
Lead times are estimates provided in good faith and are not guaranteed.
Digital Workbench shall not be liable for delays caused by material shortages, supply chain disruptions, transportation delays, labor disputes, or force majeure events.
Risk of loss transfers to Client upon shipment.
8. Cancellations and Modifications
Due to the custom nature of products, orders cannot be cancelled once production has commenced.
Modifications after design approval may result in additional charges and revised lead times.
Deposits and progress payments are non-refundable once production begins.
9. Intellectual Property
All designs, drawings, CAD files, configurations, documentation, technical materials, and content remain the intellectual property of Digital Workbench unless otherwise agreed in writing.
Client may not reproduce, reverse engineer, manufacture, distribute, or exploit Digital Workbench designs without prior written authorization.
10. Limitation of Liability
To the maximum extent permitted by law, Digital Workbench shall not be liable for any indirect, incidental, special, or consequential damages, including but not limited to loss of profit, loss of production, or business interruption.
Total liability shall not exceed the total value of the product purchased by Client.
11. Exclusion of Warranties
Except as expressly stated in separate written agreements, all products and services are provided on an “as is” and “as available” basis.
Digital Workbench disclaims all implied warranties, including merchantability and fitness for a particular purpose.
12. Indemnification
Client agrees to indemnify, defend, and hold harmless Digital Workbench and its officers, employees, agents, and partners from any claims, damages, or liabilities arising from Client’s misuse of products, breach of these Terms, or violation of applicable laws or third-party rights.
13. Use of Website
Client agrees not to misuse the website, attempt unauthorized access, copy proprietary content, or use the website for unlawful purposes.
Digital Workbench reserves the right to restrict or terminate access at its discretion.
14. Third-Party Services
The Services may contain links to third-party websites, software, payment systems, or services.
Digital Workbench is not responsible for the content, accuracy, legality, or performance of any third-party services.
15. Force Majeure
Digital Workbench shall not be liable for failure or delay caused by events beyond reasonable control, including natural disasters, pandemics, government actions, war, civil unrest, or material shortages.
16. Governing Law and Jurisdiction
These Terms shall be governed by and construed in accordance with the laws of the Province of Ontario, Canada.
All disputes shall be subject to the exclusive jurisdiction of courts located in Ontario, Canada.
17. Severability
If any provision of these Terms is found invalid or unenforceable, the remaining provisions shall remain in full force and effect.
18. Amendments
Digital Workbench reserves the right to modify these Terms at any time. Updated Terms shall take effect upon publication on the website.