1. Acceptance of Terms
Welcome to Erwin Custom Fabrication (“Company,” “we,” “us,” or “our”). By accessing or using our website at https://erwinfab.com (the “Site”) or engaging our services, you agree to be bound by these Terms of Use (“Terms”). If you do not agree to these Terms, please do not use our Site or services.
2. About Our Services
Erwin Custom Fabrication provides custom metal fabrication services including but not limited to:
- Custom metal fabrication and welding
- Design and engineering consultation
- Manufacturing and installation services
- Related industrial fabrication services
Business Location:
811 N Kings Rd, Nampa, ID 83687
Contact Information:
Phone: (208) 856-6487
Email: [email protected]
Business Hours:
Monday – Thursday: 7:00 AM – 4:30 PM
Friday – Sunday: Closed
3. Use of Website
3.1 Permitted Use
You may use our Site for lawful purposes only and in accordance with these Terms. You agree not to:
- Violate any applicable federal, state, local, or international law
- Transmit any harmful code, viruses, or malicious software
- Attempt to gain unauthorized access to our systems
- Interfere with or disrupt the Site’s functionality
- Use automated systems to access the Site without permission
3.2 Intellectual Property
All content on this Site, including text, graphics, logos, images, and software, is the property of Erwin Custom Fabrication or its licensors and is protected by copyright, trademark, and other intellectual property laws.
4. Service Quotes and Estimates
4.1 Quote Process
- All quotes and estimates provided are preliminary and subject to change
- Quotes are valid for 30 days unless otherwise specified
- Final pricing may vary based on material costs, project scope changes, or unforeseen complications
- Quotes do not constitute a binding contract until a formal agreement is executed
4.2 Project Acceptance
- Projects require written acceptance and may require a deposit
- Project timelines are estimates and may be subject to change
- We reserve the right to refuse service to anyone for any lawful reason
5. Payment Terms
5.1 Payment Obligations
- Payment terms will be specified in individual project agreements
- Deposits may be required before work commences
- Final payment is due upon project completion unless otherwise agreed
- Late payments may incur interest charges and collection costs
5.2 Pricing
- All prices are in U.S. Dollars
- Prices do not include applicable sales tax unless stated
- Material costs are subject to market fluctuations
6. Custom Fabrication Projects
6.1 Design Specifications
- Customers are responsible for providing accurate specifications
- We will work with customers to finalize designs before fabrication begins
- Changes to approved designs may result in additional costs and delays
6.2 Material Selection
- Material recommendations are based on project requirements
- Customer-supplied materials must meet our quality standards
- We are not responsible for defects in customer-supplied materials
6.3 Project Completion
- Completion dates are estimates and not guarantees
- Delays may occur due to material availability, weather, or other factors beyond our control
- Customers will be notified of significant delays
7. Warranties and Disclaimers
7.1 Limited Warranty
We warrant that our work will be performed in a professional and workmanlike manner consistent with industry standards. Specific warranty terms will be provided in individual project agreements. This warranty is limited to repair or replacement of defective workmanship and excludes all other warranties.
7.2 No Other Warranties
Except as expressly provided in written project agreements, our services and site are provided “as is” and “as available” without warranties of any kind, either express or implied. We disclaim all warranties including but not limited to implied warranties of merchantability, fitness for a particular purpose, non-infringement, accuracy, completeness, or reliability.
7.3 Limitation of Liability
To the maximum extent permitted by law, Erwin Custom Fabrication, its owners, officers, directors, employees, agents, contractors, and affiliates shall not be liable for any direct, indirect, incidental, special, consequential, punitive, or exemplary damages, including but not limited to damages for loss of profits, revenue, business, data, use, goodwill, or other intangible losses, regardless of whether such damages were foreseeable or whether we were advised of the possibility of such damages. This limitation applies to all claims, whether based in contract, tort, strict liability, or any other legal theory.
7.4 Maximum Liability Cap
In no event shall our total cumulative liability to you for all claims arising from or relating to these terms or our services exceed the total amount you paid to us in the six months preceding the claim, or one hundred dollars ($100), whichever is less.
7.5 No Liability for Third-Party Actions
We are not liable for any actions, omissions, errors, or negligence of third parties, including but not limited to material suppliers, subcontractors, delivery services, or other vendors.
7.6 No Liability for Delays or Non-Performance
We shall not be liable for any delay or failure to perform resulting from causes outside our reasonable control, including but not limited to acts of God, natural disasters, war, terrorism, riots, labor disputes, supply chain disruptions, government actions, pandemics, or any other force majeure events.
8. Indemnification
You agree to indemnify, defend, and hold harmless Erwin Custom Fabrication, its owners, officers, directors, employees, agents, contractors, affiliates, successors, and assigns from and against any and all claims, liabilities, damages, losses, costs, expenses, fees (including reasonable attorneys’ fees and court costs) arising out of or relating to:
- Your use of our services or Site
- Your violation of these Terms
- Your violation of any rights of another party
- Any negligence or willful misconduct on your part
- Any use or misuse of fabricated products
- Any injuries, property damage, or other losses arising from our services
- Any claims by third parties related to our work for you
9. Assumption of Risk
9.1 Customer Responsibility
By engaging our services, you acknowledge and agree that:
- Custom fabrication involves inherent risks
- You are responsible for ensuring fabricated items are used safely and appropriately
- You are responsible for all installation, maintenance, and inspection of fabricated items
- You are responsible for compliance with all applicable codes and regulations
- You assume all risks associated with the use of fabricated products
9.2 No Liability for Use
We are not liable for any injuries, damages, or losses resulting from the use, misuse, installation, maintenance, or modification of any fabricated products after delivery.
10. Safety and Compliance
10.1 Customer Obligations
- Customers must provide safe working conditions for on-site work
- Customers are responsible for obtaining all necessary permits and approvals
- Customers are responsible for ensuring compliance with all applicable building codes, safety regulations, and zoning requirements
- We reserve the right to stop work if safety conditions are inadequate, without liability
10.2 No Guarantee of Regulatory Compliance
While we strive to perform work consistent with industry standards, we make no guarantee that fabricated items will meet all applicable codes, regulations, or standards unless specifically agreed in writing. Customers are responsible for verifying compliance.
11. Modifications and Changes
11.1 Project Changes
- Any changes to approved project specifications must be requested in writing
- Changes may result in additional costs and delays
- We are not liable for costs or damages resulting from specification changes or customer-directed modifications
11.2 Changes to Terms
We reserve the right to modify these Terms at any time without notice. Changes are effective immediately upon posting. Your continued use constitutes acceptance of modified Terms.
12. Privacy
Your use of our Site is also governed by our Privacy Policy. Please review our Privacy Policy to understand our practices.
13. Termination
We reserve the right to terminate or suspend access to our Site or services immediately, without prior notice or liability, for any reason or no reason, including breach of these Terms.
14. Dispute Resolution and Governing Law
14.1 Governing Law
These Terms are governed by the laws of the State of Idaho, without regard to conflict of law principles.
14.2 Jurisdiction and Venue
You agree that any legal action or proceeding shall be brought exclusively in the state or federal courts located in Canyon County, Idaho. You irrevocably consent to the jurisdiction of such courts and waive any objection to venue.
14.3 Waiver of Class Actions
You agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated, or representative action.
14.4 Limitation Period
You agree that any claim arising from these Terms or our services must be filed within one year after the claim arose, or be permanently barred.
15. General Provisions
15.1 Entire Agreement
These Terms constitute the entire agreement between you and Erwin Custom Fabrication regarding the use of our Site and services, superseding any prior agreements.
15.2 Severability
If any provision is found unenforceable, the remaining provisions shall remain in full force and effect.
15.3 No Waiver
Our failure to enforce any right or provision shall not constitute a waiver of such right or provision.
15.4 Assignment
You may not assign these Terms without our written consent. We may assign these Terms without restriction.
15.5 Survival
Provisions that by their nature should survive termination shall survive, including ownership provisions, warranty disclaimers, indemnity, and limitations of liability.
16. Contact Information
For questions about these Terms, please contact us:
Erwin Custom Fabrication
811 N Kings Rd
Nampa, ID 83687
Phone: (208) 856-6487
Email: [email protected]
By using our Site or services, you acknowledge that you have read, understood, and agree to be bound by these Terms of Use.
