Quoting/Ordering Terms & Conditions
The short and simple:
- We are only responsible for that which is declared in the order, work order, or contract, and nothing more.
- Customer asserts that all facts represented are true, and any wall designated for a sign's installation is safely suitable for such an installation.
- Any failures to the above that incur costs will be the responsibility of the customer.
- Any abandoned projects become the property of 42Fab LLC after 60 days without a refund.
- If you want to make any changes, we may have to charge you for them.
- If we have to make any changes, you'll be given the chance to approve them.
- We may, but do not promise to, feature your project on our website, social media, or in a video production. You grant us the right to use your IP in that capacity unless you specifically request otherwise.
- If anything goes wrong, we must be given a chance to fix it before mediation, arbitration, or legal action.
- If we have to retain a lawyer to recover funds, we're entitled to twice our costs and interest and all legal proceedings will happen in Oklahoma City, OK.
The long and complicated:
- QUOTATION TERMS AND CONDITIONS
“Fabricator” shall mean 42Fab LLC and its employees and owners, notably Richard Day and
“Customer” shall refer to the entity to whom this Proposal and/or Work Order was submitted.
- The Products and/or services noted in the estimate or invoice shall be provided to the customer in the
manner stated and the time frame stated with reasonable allowances for unforeseen events and the
- DRAWINGS, PLANS AND SPECIFICATIONS. Fabricator shall be entitled to rely upon the plans
and specifications which were provided by Customer or developed prior to the deposit being paid.
- TIME. The project schedule and any modification shall allow Fabricator a reasonable time to
complete its Work in an efficient manner considering the contract completion date or times set forth in
this contract. Customer shall promptly provide the Fabricator with all schedules of work and with any
other information necessary for the proper schedule of Fabricator’s Work. Fabricator will not be bound
by any schedule that was not included in bidding documents, or to any schedule revisions absent prior
written agreement. Fabricator shall be entitled to an equitable adjustment in the price of the Work,
including but not limited to, any increased costs of labor, including overtime, or materials, resulting
from any change of schedule, acceleration, out of sequence work or delay caused by others for whom
Fabricator is not responsible.
- FORCE MAJEURE. Notwithstanding anything to the contrary in these Terms and Conditions,
deliveries and/or performance may be suspended or delayed by acts of God; acts of civil or military
authorities; war, riot; fire, or explosion; flood; sabotage or acts of terrorism; lack of adequate fuel,
power, raw materials, labor, containers or transportation facilities; changes in applicable government
laws, regulations; failure of machinery or apparatus; labor disputes; acts or omissions of Customer, its
employees, officers or agents, or any other event, whether or not of the class or kind enumerated herein,
beyond the reasonable control of Fabricator which makes impractical the performance of the Work, or
the manufacturer, transportation, or shipment of the products or of a material or other resource upon
which the manufacturer or transportation of the products depend. Fabricator reserves the right, in its
sole discretion, to allocate inventories and current production and to substitute suitable materials when,
in its opinion, circumstances warrant such allocation or substitution. Fabricator shall be entitled to an
equitable adjustment in the price and the time for the performance of the Work resulting from any
Force Majeure event.
- ESCALATION. Fabricator’s material prices are based on current prices at the time of the Proposal.
Any significant price increases (meaning a price increase exceeding 5%) in materials necessary to
perform the Work, that occur during the period of time between the date of this Proposal and
Substantial Completion of the Project, shall cause the contract price to be equitably adjusted by an
amount reasonably necessary to cover any such increase.
- FREIGHT. Freight prices are subject to change. Freight quotes are accurate at the time of estimate or
quote and may change by the date of delivery. All freight charges are the responsibility of the customer.
- TIME OF PAYMENT. Payment must be made to Fabricator in the manner and time set forth in the
estimate or quote or immediately upon completion of the project if not specified. Fabricator may charge a rate of $10 per day for storage of all projects not scheduled for installation within 15 days of notification of the completion of fabrication. Projects not scheduled for installation within 60 days of notification of fabrication completion are considered abandoned and all deposits or other claims on the project by the Customer are considered forfeited. Fabricator shall be entitled to recover double its costs and attorneys fees incurred for any non-payment of amounts due as well as interest at 1.5% per month.
- RELEASES. Any form or release wherein the Fabricator purports to release the Customer, Owner or
Design Professional is hereby qualified by the following language, whether or not the Fabricator
specifically adds the language: “This release shall apply only to work for which payment has been
received in full by Fabricator; and it shall not apply to retainage, unbilled changes, or claims or
amounts not yet paid.” The Fabricator will not agree to an advance waiver of its lien rights, its right to
delay damages, its right to consequential damages, or to withholding payment for disputes between
Contractor and Owner unrelated to Fabricator’s work.
- CHANGE ORDERS. If conditions are encountered at the site which are concealed physical
conditions which differ from those indicated in any plans, specifications, reports, surveys, or other
information provided to Fabricator or determined by the Fabricator prior to the start of work, then the
Subcontract Price shall be equitably adjusted for such concealed or unknown conditions by Change
Order upon the claim of either party.
- TITLE AND RISK OF LOSS. Title to and risk of loss of the materials provided to the project by
Fabricator shall pass to Customer upon delivery. Fabricator shall retain a security interest and right of
possession in the materials until Customer makes full payment for those materials.
- WARRANTY, LIMITATION OF LIABILITY, AND ASSUMPTION OF RISK. Fabricator agrees to
correct all Work under this contract which proves to be defective in workmanship or materials. These
warranties shall commence on the date of substantial completion of the Work or of a designated portion
thereof and shall continue for a period of 30 days therefrom or for such longer periods of time as may
be set forth in writing as agreed to by the Fabricator. Fabricator disclaims and Customer waives, all
other warranties, express or implied, including but not limited to the warranties of habitability,
merchantability, and fitness for a particular purpose. Fabricator’s liability for any action shall be limited
to the Proposal Price. If Customer or Owner claims that Fabricator’s work is defective, they shall give
Fabricator written notice within 5 days of when they knew or could have known of the alleged
deficiency. Fabricator shall be given a reasonable opportunity to cure such alleged deficiency (and at its
sole discretion Fabricator may repair or replace with equal quality any limited warranty items) upon
receipt of such written notice. Failure to provide Fabricator with such notice and an opportunity to cure
such alleged deficiencies shall constitute a waiver of such claims.
- INDEMNIFICATION. To the maximum extent allowed by law, Customer shall defend, indemnify,
and hold harmless Fabricator and its employees and agents against all sums, costs, liabilities, losses,
obligations, suits, actions, damages, penalties, fines and other expenses (including investigation costs,
litigation costs, and attorneys fees) that Fabricator may incur or be obligated to pay to the extent of
Customer’s (i) negligence, (ii) violation or alleged violation of any federal, state, county or local laws
or regulations, (iii) breach of this Contract, or (iv) other negligence for which Customer is responsible.
Fabricator will take full responsibility for its own actions and negligence. It will not agree to indemnify
any other party for the consequences of that party’s actions or negligence.
- MEDIATION. Any claims arising out of or related to this contract shall be subject to mediation.
Mediation shall be a condition precedent to arbitration. The request may be made concurrently with the
filing of a demand for arbitration but, in such event, mediation shall proceed in advance of arbitration,
which shall be stayed pending mediation for a period of 60 days from the date of filing, unless stayed
for a longer period by agreement of the parties or court order. The parties shall share the mediator’s fee
and any filing fees equally. The mediation shall be held in Oklahoma City, OK with a mediator selected
by the Fabricator.
- ARBITRATION. Claims not resolved by mediation shall be decided by arbitration which, unless
the parties mutually agree otherwise, shall be in accordance with the Construction Industry Arbitration
Rules of the American Arbitration Association currently in effect. The demand for arbitration shall be
filed in writing with the other party to the Contract and with the American Arbitration Association. Any
arbitration arising out of or relating to this Agreement may include, by consolidation or joinder, such
additional persons or entities engaged or retained by contract in connection with this project who are
signatories to arbitration provisions in agreements with one or more parties to this Agreement.
- GOVERNING LAW. The validity, interpretation and performance of this contract and any dispute
connected herewith shall be governed by and construed in accordance with the laws of the state of
Oklahoma, without regard to its conflicts of law provision.
- SUBCONTRACT DOCUMENTS. No terms and conditions contained in the contract between the
Owner and Customer, if applicable, shall be binding on the Fabricator unless a copy of such terms and
conditions has been furnished to Fabricator and accepted in a writing signed by the Fabricator.
- PERFORMANCE OF WORK PRIOR TO EXECUTION OF CONTRACT. In the event that
Fabricator is given a notice to proceed, directed to purchase material, or otherwise directed by
Customer to commence any of the Work contemplated by this Proposal prior to the Customer signing
this Proposal, Customer shall be deemed to have accepted all of the Terms and Conditions of this
Proposal and/or Work Order as set forth herein. No amendment or modification of any provision of
these Terms and Conditions shall be binding unless the same is in writing, signed by the party to be
bound, and is specifically described as an amendment or modification of these Terms and Conditions.
- GUARANTEE OF SUITABILITY FOR INSTALLATION. Customer asserts that any wall or structure which a sign is to be affixed to by the fabricator is suitable to safely hold the sign once attached. Customer waives any claims against fabricator for damages or injuries incurred by customer during customer installations.
- MEDIA. Customer grants Fabricator the rights to use any project completed, started, or in any other manner executed, in whole or in part, in media and advertising functions. Including creating duplicates of the project, of any size to exhibit as examples of Fabricator's work, to feature projects on 42Fab.com or any other website, to share and comment upon the project via social media, and to feature the project in video productions including on Youtube.com without payment to Customer in any manner. Customer futher grants Fabricator the right to use any compyrighted materials provided to Fabricator in doing the above. Failure of the Customer to rescind this grant of rights in writing before the start of work constitutes the acceptance of this paragraph.
We do not sell any information provided to us by any customer or potential customer. Customers give 42Fab LLC consent to contact them for marketing purposes in the future, and we will honor any "opt out" request delivered clearly in any form.
Customers waive any claim against 42Fab LLC for failures of 3rd parties leading to the release of their information and for successful hacks in which information is released.