2024 Terms of Service

  1. Wrightsville Fabrication (2024 Terms Of Service)
  2. Terms and Conditions
  1. Payment Terms
    • The Client agrees to pay all fees as outlined in each Quote and corresponding invoice provided by Wrightsville Fabrication.
  2. Payment Schedule
    • An initial deposit (“Initial Deposit”) is due upon acceptance of a Quote.
    • Invoices will be issued upon project completion.
    • For projects spanning more than one week, invoices may be issued on a weekly basis.
    • Invoices are payable within [15 days] of the invoice date.
    • A late fee will be assessed if any invoice is not paid in full within the specified payment term.
  3. Late Fee Calculation
    • A late fee of [5%] per month will be applied to any outstanding balance.
    • Late fees are calculated from the original due date until full payment is received.
  4. Accrual of Late Fees
    • Late fees will continue to accrue monthly until the overdue balance, including all accrued late fees, is fully paid.
  5. Suspension of Services
    • Wrightsville Fabrication reserves the right to partially or fully suspend services if the Client’s account is delinquent for [30 days] or more.
    • Partial suspension may limit access to certain services or features, while full suspension halts all services.
    • Services will be resumed once the outstanding balance, including late fees, is settled.
  6. Expedited work
  7. The Client may request expedited work, which is defined as work requiring completion by a set date earlier than usual.
  1. Expedited work will be charged at a rate starting from [1.5 times] the standard rate, with the final rate varying based on factors such as task complexity, additional resources required, and the impact on the Service Provider’s schedule.
  2. An estimate of the expedited rate will be provided prior to commencing the work.
  3. Notification
  1. Wrightsville Fabrication will notify the Client of any overdue payments and applicable late fees.
  2. The Client will be provided with an estimate of the expedited rate before commencing expedited work.
  3. All expedited work must receive written approval from the Client, specifying the agreed-upon rate and scope.
  1. Changes to the scope of work
    • Any changes to the scope or schedule after work has started may incur additional fees, as outlined in a relevant change order.
  2. Collection Costs
    • In the event of non-payment, the Client agrees to cover all collection costs, including attorney fees and other legal expenses incurred by Wrightsville Fabrication.
  3. Start of work
    • Work will not commence until the Initial Deposit is received.
    • Work may begin before the estimated start date.
  4. Quote Completion
    1. Client acceptance
      • Work will be considered complete when all design specifications in the applicable Quote or as otherwise agreed in writing are met, the product or service is delivered or installed to the Client’s satisfaction, and any defects identified during the final inspection are rectified.
    2. Client Responsibility
      • If the Client is products
  5. Storage
    1. The Client agrees to pay storage fees for any goods, materials, or equipment stored by Wrightsville Fabrication.
    2. Storage Conditions
      • Storage fees apply to any items remaining in the possession of Wrightsville Fabrication beyond [15 days] from the completion of services or as otherwise agreed in writing.
    3. Fee Structure
      • Storage fees are charged at a rate of [$5] per [week] per [square foot], based on the actual space occupied and the duration of storage.
    4. Notice of Storage
      • Wrightsville Fabrication will provide written notice when goods, materials, or equipment are placed into storage, including applicable fees.
    5. Removal of Goods
      • The Client may request the removal of stored items with [7 days] written notice. Wrightsville Fabrication may also request the removal of items with [15 days] written notice.
      • Items not removed within the allotted period will become the property of Wrightsville Fabrication.
      • If either party is unable to remove stored items within the specified period they may request an extension.
    6. Liability
      • Wrightsville Fabrication will take reasonable care of stored items but is not liable for loss, damage, or deterioration unless caused by negligence or willful misconduct. The Client is responsible for insuring stored items.
  6. Transportation
    1. Transportation Fees
      • The Client agrees to pay transportation fees for the transportation of goods, materials, or equipment.
    2. Transportation Conditions
      • Transportation fees apply to all transportation services provided by Wrightsville Fabrication.
    3. Fee Structure
      • Fees are charged at a fixed rate of [$15] plus [$2] per [mile].
      • Additional charges may apply for special handling, expedited delivery, or hazardous materials.
    4. Client Responsibilities
  7. The Client is responsible for ensuring that any goods delivered to Wrightsville Fabrication for transportation are properly packed, labeled, and accompanied by all necessary documentation required for the transportation process.
  1. Liability
    • Wrightsville Fabrication is responsible for loss or damage during transportation, except when caused by the Client’s actions or omissions. The Client is responsible for insuring goods during transport.
  2. Warranties and Disclaimers
    1. Warranties
      • Wrightsville Fabrication guarantees that all Services will be executed with the highest standards of excellence, ensuring superior craftsmanship, unwavering integrity, and an exceptional level of quality that reflects our commitment to creating work of enduring beauty.
    2. Disclaimers
      • Wrightsville Fabrication makes no other warranties, express or implied, including any implied warranties of merchantability or fitness for a particular purpose.
  3. Confidentiality
    1. Confidential Information
      • Both parties agree to keep all disclosed confidential information secure and only use it for the purposes specified in the agreement.
  4. Indemnification
    1. Service Provider Indemnity
      • Wrightsville Fabrication will indemnify and hold the Client harmless from any claims arising from the Service Provider’s breach of this agreement.
    2. Client Indemnity
      • The Client will indemnify and hold Wrightsville Fabrication harmless from any claims arising from the Client’s breach of this agreement.
  5. Termination of Contract
    1. Termination for Convenience
      • Either party may terminate the contract by providing [30] days’ written notice to the other party. The terminating party is not required to provide a reason for the termination.
    2. Termination for Cause
      • Either party may immediately terminate the contract if the other party breaches a material term of the contract and fails to remedy such breach within [30 days] of receiving written notice of the breach.
    3. Termination by Mutual Agreement
      • The contract may be terminated at any time by mutual written consent of both parties. The terms of such termination, including any compensation or obligations, shall be agreed upon in writing at the time of termination.
    4. Consequences of Termination
      • Upon termination of the contract for any reason:
      • Obligations: Both parties shall promptly fulfill any outstanding obligations under the contract up to the date of termination.
      • Compensation: The Client shall compensate Wrightsville Fabrication for all services performed up to the effective date of termination, including any non-cancelable commitments or expenses incurred.
      • Return of Materials: Each party shall return or destroy any confidential information and materials belonging to the other party, as directed, within [15 days] of termination.
      • Survival: Any provisions of the contract that by their nature are intended to survive termination, including but not limited to confidentiality and indemnification, shall remain in full force and effect.
    5. No Further Liability
      • Except as provided in this clause, neither party shall have any further liability to the other with respect to the termination of the contract, provided that such termination does not affect any claims arising prior to the effective date of termination.
  6. Right of refusal
    1. Service Provider’s Discretion
      • Wrightsville Fabrication reserves the right to refuse services or contracts for any reason, at its sole discretion.
    2. No Obligation to Provide Justification
      • Wrightsville Fabrication is not obligated to provide a reason for refusing a contract or service.
    3. Notice of Refusal
      • If a contract is refused, Wrightsville Fabrication will notify the potential client as soon as practicable.
    4. No Liability for Refusal
      • Wrightsville Fabrication is not liable for any damages arising from the refusal to enter into a contract.
  7. Dispute Resolution
    1. Negotiation
      • In the event of any dispute, both parties agree first to attempt to resolve the dispute through good faith negotiation.
    2. Arbitration
      • If a dispute cannot be resolved through negotiation, it will be settled by a third party agreed upon by both parties, whose ruling will be final and binding.
  8. Force Majeure
  9. Neither party is liable for any failure or delay in performing its obligations due to circumstances beyond its reasonable control, such as acts of God, war, terrorism, strikes, or governmental actions.
  1. Governing Law
    1. These Terms of Service are governed by the laws of the State of [Ohio], without regard to conflict of laws principles.
  2. Change Management
    1. Changes to scope
      • Any changes to scope, schedule, or costs must be documented and approved in writing by both parties using a Change Order form.
    2. Amendments
      • Wrightsville Fabrication reserves the right to amend the Terms of Service at any time. Any amendments will be provided to the Client in writing and will become effective upon Client acceptance. The Client’s continued use of services after receiving the amendment constitutes acceptance of the revised terms.
    3. Severability
      • If any part of these Terms is found invalid, the remaining provisions will continue in full force and effect.
    4. Notices
      • All notices must be in writing and delivered via personal delivery, confirmed email, overnight delivery service, or certified mail.