Purchasing Terms & Conditions

Purchasing Terms & Conditions

1. Introduction

These Terms and Conditions ("Terms") govern the relationship between the customer ("you" or "Customer") and Blue Diamond Fabrication, Inc. ("Company", "us", "we", or "our"), a professional fabrication company located in Las Vegas, Nevada. By purchasing fabricated products or services from us, you agree to be bound by these Terms. The term "change order" is commonly used to refer to a formal, written amendment to a contract that outlines modifications to the original scope of work, such as changes to materials, design, or schedule. This can include adjustments to the cost, timeline, or other terms of the contract.

 

2. Fabricated Products and Services

We offer a range of fabrication services and products, including but not limited to custom metal fabrication, bending, welding, machining, cutting, manufacturing, and 3D printing services. The specific products and services you purchase will be detailed in a separate sales agreement or quotation provided by us.

 

3. Quotations and Orders

All quotations provided by us are valid for 30 days from the date of issuance, unless otherwise stated. Prices quoted are subject to change without notice due to (but not limited to) increased material cost. To place an order, you must provide us with all necessary information, specifications, and materials required for the fabrication process. We reserve the right to refuse any order at our discretion.

 

4. Change Orders

Change orders may be requested by the customer and shall require a new contract with applicable fees determined by the company. The Company may initiate change orders due to but not limited to unforeseen circumstances disallowing or interrupting Company manufacturing, fabrication, and/or services.

 

5. Payment Terms

Payment for products and services must be made in full prior to the commencement of any fabrication work or machine time, unless otherwise agreed upon in writing. We accept payment by cash, check, or credit card. In the event of late payment, we reserve the right to charge interest at a rate of 1.5% per month, or the highest rate permitted under Nevada law, whichever is lower.

 

6. Delivery and Shipping

Delivery dates provided by us are estimates only and are not guaranteed. We will make every effort to meet the estimated delivery date but will not be held liable for any delays. Customers are responsible for all shipping and handling costs, unless otherwise agreed upon in writing. Risk of loss or damage to products will pass to the customer upon delivery to the carrier.

 

7. Warranty and Liability

We warrant that our fabricated products will be free from defects in material and workmanship upon arrival or pick up. The customer has a period of 7 days from the date of delivery or pick up to notify the Company for any defects or specification not met. If a product is found to be defective during this period, we will, at our option, repair or replace the product at no charge to the customer. This warranty does not cover damage or defects resulting from misuse, abuse, or normal wear and tear. Our liability for any claim arising out of or in connection with our products or services, whether in contract, tort, or otherwise, shall be limited to the purchase price of the product or service in question. In no event shall we be liable for any indirect, consequential, or special damages, including but not limited to lost profits, lost savings, or business interruption.

 

8. Intellectual Property

All designs, drawings, specifications, and other materials provided by us in connection with our products and services shall remain our exclusive property. You agree not to reproduce, distribute, or disclose any such materials without our prior written consent. You also agree to indemnify and hold us harmless from any claims, damages, or expenses arising out of your use of our intellectual property in violation of these Terms.

 

9. Property

All designs, drawings, specifications, and other materials provided by the customer shall remain the property of the customer.

 

10. Indemnification

You agree to indemnify, defend, and hold harmless the Company, its officers, directors, employees, and agents from and against any and all claims, liabilities, damages, losses, or expenses, including reasonable attorneys' fees and costs, arising out of or in any way connected with your access to or use of our products or services, or your breach of these Terms.

 

11. Governing Law and Jurisdiction

These Terms shall be governed by and construed in accordance with the laws of the State of Nevada, without regard to its conflict of law principles. You agree to submit to the exclusive jurisdiction of the courts located in Clark County, Nevada, for the resolution of any disputes arising out of or relating to these Terms or our products and services.

 

12. Severability

If any provision of these Terms is found to be invalid or unenforceable by a court of competent jurisdiction, the remaining provisions shall remain in full force and effect.

 

13. Amendments

We reserve the right to amend these Terms at any time. Any changes will be posted on our website, and your continued use of our products and services following the posting of such changes will constitute your acceptance of the revised Terms.

 

14. Entire Agreement

These Terms, together with any sales agreement or quotation provided by us, constitute the entire agreement between you and the Company with respect to your purchase of our products and services and supersede all prior or contemporaneous understandings, agreements, representations, and warranties, both written and oral, with respect to such subject matter.