Terms of Service
Effective Date: January 1, 2024
Last Updated: January 1, 2024
1. Acceptance of Terms
By accessing or using Perfect Metal Designs' website and services ("Services"), you agree to be bound by these Terms of Service ("Terms"). If you do not agree to these Terms, do not use our Services.
2. Description of Services
Perfect Metal Designs provides custom metal fabrication services, including but not limited to:
- Custom metal signs and gates
- Online design tools and consultation
- Metal fabrication and cutting services
- Project quoting and ordering systems
- Shipping and delivery coordination
3. User Accounts
To access certain features, you must create an account. You agree to:
- Provide accurate, current, and complete information
- Maintain and update your information as necessary
- Keep your password secure and confidential
- Notify us immediately of any unauthorized access
- Be responsible for all activities under your account
4. Orders and Quotes
4.1 Quote Process
All quotes provided are estimates based on the information provided. Final pricing may vary based on:
- Design complexity and specifications
- Material costs at time of production
- Shipping and handling fees
- Custom finishing or treatment requests
4.2 Order Acceptance
Your order is not accepted until we send you a confirmation. We reserve the right to refuse or cancel any order for any reason, including:
- Product availability or limitations
- Pricing errors
- Suspected fraudulent activity
- Inability to verify payment information
4.3 Design Approval
You must approve all designs before production begins. Once approved and production has started, changes may incur additional fees. You are responsible for reviewing designs carefully for accuracy.
5. Payment Terms
- All payments are processed securely through Stripe
- Payment is due before production begins unless otherwise agreed
- We accept major credit cards, ACH, and wire transfers
- All prices are in US Dollars (USD)
- Sales tax will be charged where applicable
- Payment plans may be available for large orders
6. Intellectual Property
6.1 Your Content
You retain ownership of any designs, images, or content you provide. By submitting content, you grant us a license to use it for the purpose of fulfilling your order and marketing (with your permission).
6.2 Our Content
All content on our website, including text, graphics, logos, and software, is owned by Perfect Metal Designs or our licensors and is protected by copyright and trademark laws.
6.3 Prohibited Uses
You may not:
- Use copyrighted or trademarked materials without authorization
- Reproduce, modify, or distribute our website content
- Reverse engineer or attempt to access our source code
- Use our Services for any unlawful purpose
7. Product Warranty and Quality
7.1 Warranty
We warrant that our products are free from defects in materials and workmanship for a period of one (1) year from the date of delivery. This warranty covers:
- Structural integrity and weld quality
- Manufacturing defects
- Coating and finish defects (not including normal wear)
7.2 Warranty Exclusions
The warranty does not cover:
- Normal wear and tear from outdoor exposure
- Damage from improper installation or use
- Damage from accidents or natural disasters
- Modifications made by third parties
- Failure to follow care and maintenance instructions
8. Shipping and Delivery
- Shipping times are estimates and not guaranteed
- You are responsible for providing accurate shipping information
- Risk of loss passes to you upon delivery to carrier
- Damaged shipments must be reported within 48 hours of delivery
- Local pickup is available in New Braunfels, TX
9. Returns and Refunds
Due to the custom nature of our products, we generally cannot accept returns. However, we will work with you to resolve any quality issues. Refunds may be provided at our discretion for:
- Manufacturing defects discovered before installation
- Orders cancelled before production begins
- Products that significantly differ from approved designs
Cancellations after production begins may incur fees for work completed.
10. Limitation of Liability
To the maximum extent permitted by law:
- Our liability is limited to the amount paid for the product or service
- We are not liable for indirect, incidental, or consequential damages
- We are not liable for delays caused by circumstances beyond our control
- We are not responsible for installation or mounting
11. Indemnification
You agree to indemnify and hold harmless Perfect Metal Designs from any claims, damages, or expenses arising from:
- Your violation of these Terms
- Your use of our Services
- Your infringement of any intellectual property rights
- Content you submit that violates third-party rights
12. Dispute Resolution
12.1 Governing Law
These Terms are governed by the laws of the State of Texas, without regard to conflict of law principles.
12.2 Arbitration
Any dispute arising from these Terms or our Services shall be resolved through binding arbitration in accordance with the American Arbitration Association rules, except for small claims court matters.
13. Modifications to Terms
We reserve the right to modify these Terms at any time. Changes will be effective upon posting to our website. Your continued use of our Services after changes constitutes acceptance of the modified Terms.
14. Termination
We may terminate or suspend your account and access to Services immediately, without prior notice, for any breach of these Terms or for any other reason at our sole discretion.
15. Severability
If any provision of these Terms is found to be unenforceable, the remaining provisions will remain in full force and effect.
16. Contact Information
For questions about these Terms, contact us:
These terms are provided for informational purposes. Consult with legal counsel for specific compliance requirements.