UNIVERSAL TERMS OF USE & SALE

Last Updated: 5/4/2026

These Universal Terms of Use & Sale (“Terms”) govern all sales of physical tooling and the use of all digital tools, software, calculators, and reference materials provided directly on cncbroachtools.com. By purchasing our products, utilizing our website, or generating code via our online tools, you agree to be legally bound by these Terms.

1. Conditional Acceptance (The “Battle of the Forms”)

Acceptance of any order by CNC Broach Tools LLC is expressly conditioned upon Buyer’s assent to these Universal Terms. CNC Broach Tools LLC hereby explicitly rejects any additional, inconsistent, or different terms proposed by the Buyer, whether contained in a Purchase Order, vendor portal, or email communication. No Buyer terms shall be binding unless expressly accepted and signed in writing (including legally binding electronic signatures) by an authorized corporate officer of CNC Broach Tools LLC. The delivery of goods or use of our digital tools constitutes irrevocable acceptance of these Terms.

2. Pricing, Payment, and Surcharges

All sales are strictly subject to the payment terms designated on the CNC Broach Tools LLC invoice. We utilize a secure, PCI-compliant payment system.

  • Credit Card Surcharge: A 3% convenience fee is automatically applied to all payments made with a credit card.

  • Fee Waiver: To waive this 3% fee, Buyer must select the bank account (ACH) payment method at checkout.

3. Non-Cancelable and Non-Returnable (NCNR) Policy

Due to the precise, industrial nature of CNC Broach Tools LLC products, all physical items are classified as Non-Cancelable and Non-Returnable (NCNR). ALL SALES ARE FINAL. Once an order is processed or fulfilled, the Buyer may not cancel the order, reject the delivery, or return the goods for a refund or credit under any circumstances.

4. CNC Broach Tools LLC Proprietary Software & Generators

CNC Broach Tools LLC provides free access to proprietary digital tools hosted on this domain, including the CNC Broach G-Code Program Generator and the Experimental Spline G-code Program Generator. These tools are provided strictly “AS IS” and “WITH ALL FAULTS” for mathematical reference only.

USER’S EXCLUSIVE RESPONSIBILITY TO VERIFY CODE: User acknowledges that automatically generated toolpaths, G-code, and calculations can result in catastrophic machine crashes if not properly verified against the user’s specific machine controls (e.g., FANUC, Haas, YASNAC). User assumes 100% of the responsibility to safely simulate, dry-run, and independently verify all generated code, offsets, retract values, and tool clearances prior to initiating any physical cutting operation. CNC Broach Tools LLC shall not be held liable for any spindle crashes, broken tooling, scrapped workpieces, property damage, or machine downtime resulting from the use of our proprietary generators.

5. External Links & Third-Party Applications (Safe Harbor)

As a courtesy to the machining community, cncbroachtools.com may contain hyperlinks to external websites or third-party applications, specifically including the CNC Machinist Calculator Ultra (hosted at cncmachinistcalculatorultra.com, created by Shane Anderson).

CNC Broach Tools LLC does not own, host, program, or maintain these external sites or applications. There is no joint venture, partnership, or agency relationship between CNC Broach Tools LLC and any third-party developers. Clicking on these external links is done strictly at the User’s own risk. CNC Broach Tools LLC explicitly disclaims all liability for any damages, machine crashes, data loss, or financial harm resulting from the use of external websites, calculators, or software linked from this domain. Use of third-party applications is governed exclusively by the terms, conditions, and end-user license agreements (EULA) of those respective external sites.

6. Reliance on Machining Advice, Guides, and Speeds & Feeds

Any instructional guides, “Speeds and Feeds” recommendations, sample programs (PDFs), “Keys to Programming” tips, or general machining advice provided on cncbroachtools.com are strictly advisory. Broaching inherently depends on variables entirely outside of our control, including machine rigidity, material composition, spindle locking mechanisms (M19/M05), workholding, and coolant application. User assumes full liability for adapting any provided parameters safely to their specific machining environment.

7. Disclaimer of Implied Warranties

CNC BROACH TOOLS LLC EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, REGARDING THE PHYSICAL PRODUCTS, ADVICE, OR SOFTWARE PROVIDED. THIS EXPLICITLY INCLUDES, BUT IS NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR WARRANTIES ARISING FROM COURSE OF DEALING OR USAGE OF TRADE. ALL DIGITAL TOOLS ARE PROVIDED “AS IS.”

8. Limitation of Liability (UCC § 2-719)

IN NO EVENT SHALL CNC BROACH TOOLS LLC, ITS OFFICERS, OR EMPLOYEES BE LIABLE TO BUYER OR ANY THIRD PARTY FOR ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES. THIS EXPLICITLY INCLUDES, BUT IS NOT LIMITED TO, LOST PROFITS, LOSS OF USE, MACHINE DOWNTIME, DELAYS IN PRODUCTION, OR DAMAGE TO MACHINERY, SPINDLES, OR WORKPIECES.

User acknowledges that industrial CNC machining inherently involves risk. Buyer’s maximum, exclusive remedy, and our absolute total liability for any and all claims arising out of the sale, use, or failure of physical products shall be strictly capped at the purchase price of the specific product giving rise to the claim. Because our proprietary digital generators are provided for free, the absolute liability cap for any claim arising strictly from the use of CNC Broach Tools LLC software is $0.00.

9. Buyer’s Indemnification

Buyer assumes all risk and liability for the results obtained by the use of physical products and digital software in combination with other articles, machinery, or materials. Buyer agrees to indemnify, defend, and hold harmless CNC Broach Tools LLC, its officers, and employees, from and against any and all claims, lawsuits, liabilities, damages, and expenses (including reasonable attorney’s fees) arising out of or related to the Buyer’s use, misuse, modification, or application of our physical tools, proprietary software, or any external links hosted on this site.

10. Governing Law, Venue, and Time Bar

This transaction, and any dispute arising from it, shall be governed by and construed in accordance with the laws of the State of California, without regard to its conflict of laws principles. Exclusive venue and jurisdiction for any legal action shall lie in the state or federal courts located in Orange County, California.

Time Bar: Under UCC § 2-725, Buyer, Seller, and User agree that any legal action or claim arising out of this sale or the use of any digital platforms must be formally commenced within one (1) year after the cause of action has accrued, or it shall be forever legally barred.

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