Terms & Conditions

Effective Date: October 1, 2025

Last Updated: October 1, 2025

Welcome to JM Custom Metal Works. These Terms & Conditions (also “Terms”) govern your use of our website jmcustommetalworks.com (the “Site”), any services we provide through the Site, and your relationship with us. By accessing or using the Site or placing an order, you agree to be bound by these Terms. If you do not agree, please do not use our Site or our services.

Parties & Scope

Parties

These Terms are between you (the “Customer,” “you,” or “your”) and JM Custom Metal Works (“we,” “us,” “our”).

Scope

These Terms apply to all orders, purchases, services, website access, and any interactions you have with us through the Site or otherwise, unless we explicitly agree otherwise in writing.

Products, Services & Custom Work

Custom Designs and Specifications

Because much of what we do is custom or bespoke metalwork, you must provide accurate specifications, designs, or information (e.g., measurements, materials, finishes). We rely on your inputs. If information is inaccurate, additional charges or delays may apply.

Changes & Modifications

If, after you approve a design, you request changes, we may issue a revised quote, adjust timelines, and charge additional fees. We reserve the right to decline changes that materially alter the scope if infeasible.

Estimates & Quotations

All estimates or quotes provided by us are valid for 30 days unless stated otherwise. After that, prices, materials, or labor costs may change. Accepting a quote binds you to these Terms and to pay the deposit as required.

Payment, Deposits & Cancellation

Deposit /Advance Payment

You agree to pay a deposit (commonly 40%–50% or as specified) upon acceptance of the quote or design. Work scheduling begins only after we receive the deposit.

Final Payment

The remaining balance is due upon installation, delivery, or project completion (unless otherwise agreed in writing). We may require payment before the release of materials or goods.

Late Payments

If payment is not made within 14 days of the due date, a late fee (e.g. 2% monthly or a fixed minimum) may apply. We reserve the right to suspend work, withhold goods, or charge interest until full payment is made.

Cancellation & Refunds

• If you cancel before materials are ordered, you may receive a partial refund (less costs already incurred).
• Once materials are ordered or fabrication begun, the deposit may become non-refundable.
• If work is halted due to site readiness or your delay, you must bear storage, reinstallation, and handling costs.

Delivery, Installation & Risk

Estimated Dates

All dates are estimates. We are not liable for delays from suppliers, shipping, site readiness, permitting, natural causes, or events beyond our control.

Risk Transfer
Risk of loss or damage transfers to you upon delivery to your site (or to your carrier). You are responsible for securing and insuring goods thereafter.

Installation & Site Conditions

• You must ensure the site is ready, stable, safe, and compliant with building codes or permit requirements.
• We are not responsible for stabilizing or reinforcing surfaces.
• You must disclose any hidden conditions (e.g., underground pipes, wiring) that may affect installation.

Storage & Handling

If you postpone installation, we may store products at your expense. You must bear costs for reinstallation or reassembly.

Intellectual Property & License

Ownership

All designs, drawings, specifications, and intellectual property we provide remain our property unless otherwise agreed in writing.

Use License

You are granted a limited, non-exclusive license to use the delivered products for their intended purpose. You may not reproduce or resell designs or copies without our written permission.

Your Designs

If you supply designs, you warrant you own or have the right to use them. You indemnify us against claims for infringement arising from your supplied designs.

Warranties, Disclaimers & Limitations

Warranty

We warrant that workmanship will be of a generally acceptable standard and comply with specified materials or finishes (unless otherwise noted). Warranty for finishes may exclude normal wear, misuse, environmental effects, or alteration by others.

Exclusions & Limitations

• We do not guarantee that finishes prevent all corrosion over time, especially in harsh environments or if not maintained.
• We disclaim liability for defects caused by improper maintenance, misuse, modifications, or normal wear & tear.
• We are not liable for indirect, incidental, consequential, or punitive damages (to the extent allowed by law).

6.3 Limitation of Liability
Our total liability for claims related to any project or order shall not exceed the total paid amount for that project. Under no circumstances will we be liable beyond that.

Acceptable Use of the Site & Content

Use Rights

You may view, download, and print pages from the Site for your personal, non-commercial use, subject to these Terms.

Restrictions

You must not:

• Use the Site for illegal purposes or violate applicable laws;
• Impersonate us or others;
• Disrupt or interfere with Site operations;
• Use bots, scrapers, or automated tools to access the Site without permission;
• Reproduce, republish, or redistribute Site content without our written consent.

User Submissions

If you submit comments, designs, or other content, you grant us a perpetual, non-exclusive, royalty-free license to use, display, modify, distribute, or publish that content in connection with our services and Site. You represent that your content does not infringe others’ rights.

Termination & Suspension

Suspension by Us

We may suspend or terminate your access or order if you breach these Terms, fail to pay, act unlawfully, or cause harm to our business or reputation.

Consequences

Upon termination:

• You must pay all outstanding balances;
• We may remove or reclaim products;
• Any license granted to you under these Terms ends.

Force Majeure

We are not liable for delays or failures in performance caused by circumstances beyond our control, including but not limited to fire, flood, storms, labor disputes, acts of government, supply chain disruptions, or acts of God. In such cases, we may extend deadlines or cancel affected work, with a refund or credit of amounts corresponding to unperformed work (less costs already incurred).

Dispute Resolution & Governing Law

Applicable Law

These Terms are governed by the laws of the State of Washington, USA, without regard to conflict of law principles.

Jurisdiction & Venue

Any dispute or claim arising under or related to these Terms must be filed exclusively in the courts located in Yakima County, Washington, and each party consents to personal jurisdiction there.

Severability & Waiver

If any provision of these Terms is found invalid or unenforceable, that provision is severed and the remainder remains in force. Failure to enforce a provision does not waive future enforcement of it.

Notices & Contact

How to Contact Us

If you have questions or notices under these Terms, contact:

JM Custom Metal Works

Address: 1740 N. Fork Rd, Yakima, WA 98903

Email: info@jmcustommetalworks.com

Phone: (509) 949-8103

Hours: Mon–Fri, 8:00 AM – 6:00 PM EST

11.2 Notice Format
Notices must be in writing (e.g. by email or postal mail). Notice is effective upon receipt (or, if by postal mail, 5 business days after dispatch).

12. Changes to Terms

We reserve the right to modify these Terms at any time. When we do, we will update the “Last Updated” date above. The modified Terms apply to your use of the Site or services after they are published. If you do not agree with changes, you should stop using the Site or placing orders.

13. Entire Agreement

These Terms (together with our Privacy Policy and any order-specific written agreements) constitute the complete and exclusive statement of the agreement between you and us regarding the subject matter hereof. They supersede all prior or contemporaneous communications, proposals, or understandings, whether written or oral, between you and us relating to that subject.