Terms of Service

These Terms of Service govern all welding, fabrication, cutting, finishing, and related services provided by Island Welders LLC (“Island Welders,” “we,” “us,” or “our”) to customers (“you” or “your”). By requesting a quote, accepting an estimate, or engaging our services, you agree to these terms.

1. Services Provided

Island Welders provides professional welding and metal fabrication services including but not limited to:

• Structural and repair welding (MIG, TIG, stick processes)
• Custom metal fabrication and component manufacturing
• Plasma cutting and CNC metal processing
• Protective coatings and industrial finishing
• Mobile and on-site welding services

All work is performed based on the scope outlined in written estimates or work orders. Services not explicitly included in the original scope require separate authorization and may incur additional charges.

2. Estimates and Pricing

Estimates are provided based on information you supply about the project. Estimates are valid for 30 days from the date issued and may be adjusted if:

• Project scope changes during the job
• Material costs increase between estimate and work start
• Unforeseen conditions are discovered once work begins
• Additional prep work or repairs are required

You will be notified before we proceed with work that exceeds the original estimate by more than 10%. Emergency or time-sensitive repairs may proceed without prior approval when necessary to prevent further damage or safety issues.

Hourly Rate Work: Some projects are quoted on an hourly basis rather than fixed-price. Hourly rates are provided in writing before work begins. Minimum service charges apply.

Mobile Service Fees: On-site and mobile welding services include travel charges based on distance and time. Mobile rates are higher than shop rates due to equipment transport, setup, and field conditions.

3. Payment Terms

Deposits: Projects over $1,000 require a 50% deposit before work begins. The deposit is non-refundable once materials are purchased or work has started.

Payment Schedule: Final payment is due upon project completion unless other terms are agreed in writing. Large projects may require progress payments at predetermined milestones.

Payment Methods: We accept cash, check, and major credit cards. A 3% processing fee applies to credit card payments over $1,000.

Late Payments: Invoices not paid within 30 days of the due date are subject to a 1.5% monthly finance charge. We reserve the right to withhold completed work until payment is received in full.

Liens: For work performed on real property, we reserve the right to file a mechanic’s lien if payment is not received.

4. Materials

Material Sourcing: We will source materials for your project unless you choose to supply your own. Materials purchased by Island Welders are marked up to cover procurement, handling, and inventory costs.

Customer-Supplied Materials: If you supply materials, you are responsible for ensuring they meet project requirements. We are not liable for defects in customer-supplied materials or work delays caused by incorrect, damaged, or insufficient materials.

Material Inspection: We inspect materials before use. If supplied materials are unsuitable, we will notify you and work cannot proceed until proper materials are provided.

5. Customer Responsibilities

You are responsible for:

• Providing accurate project specifications, measurements, and requirements
• Obtaining necessary permits and approvals before work begins
• Ensuring safe access to work areas for shop drop-off or mobile service
• Disconnecting utilities or making site preparations as requested
• Removing or protecting nearby items that could be damaged during welding
• Disclosing known hazards, contamination, or structural issues

Failure to meet these responsibilities may result in work delays, additional charges, or cancellation of the project.

6. Site Access and Safety (Mobile Services)

For mobile and on-site welding:

• You must provide safe access to the work area
• The work site must be cleared of flammable materials, debris, and obstructions
• Adequate space must be available for equipment setup and welding operations
• You are responsible for site safety compliance and notifying us of known hazards

We reserve the right to stop work if site conditions are unsafe. Time spent addressing unsafe conditions will be billed at our standard hourly rate.

7. Warranties and Workmanship

Workmanship Warranty: We warrant that all work will be performed in a professional manner consistent with industry standards. Welding work is guaranteed against defects in workmanship for 90 days from completion.

What This Warranty Covers:

• Weld failures due to improper technique or process selection
• Fabrication errors resulting from our measurements or calculations
• Coating failures caused by inadequate surface preparation

What This Warranty Does Not Cover:

• Damage from misuse, abuse, overloading, or improper installation
• Normal wear and tear, corrosion, or environmental degradation
• Failures caused by customer-supplied materials or design
• Damage from alterations or repairs performed by others
• Failures resulting from conditions not disclosed to us

Material Warranty: Materials are covered by the manufacturer’s warranty only. We do not warrant materials against defects, corrosion, or failure.

Custom Fabrication: Parts fabricated to your specifications or measurements are warranted against workmanship defects only. We are not responsible if parts do not fit due to incorrect measurements or specifications provided by you.

8. Limitation of Liability

Liability Cap: Our total liability for any claim related to our services is limited to the amount you paid for the specific work in question.

Consequential Damages: We are not liable for indirect, incidental, or consequential damages including but not limited to:

• Lost profits, revenue, or business opportunities
• Downtime, delays, or project cost overruns
• Damage to property or equipment not directly caused by our work
• Claims by third parties

Existing Conditions: We are not responsible for pre-existing damage, wear, corrosion, or structural issues discovered during the project.

Third-Party Work: We are not liable for failures or issues caused by prior work performed by others, even if we repaired or modified that work.

9. Cancellations and Delays

Customer Cancellations: You may cancel a project before work begins by providing written notice. Deposits are refundable only if materials have not been ordered and no work has been performed.

If you cancel after work has started, you are responsible for:

• All work completed to the point of cancellation
• Materials purchased or ordered for the project
• A cancellation fee of 25% of the remaining project value

Weather and Conditions: Mobile welding and outdoor work may be delayed due to weather, temperature, or environmental conditions. We are not liable for delays caused by conditions outside our control.

Access Delays: If we cannot access the work site due to scheduling conflicts, lack of preparation, or other issues on your end, you will be charged a trip fee and rescheduling fee.

10. Project Changes and Modifications

Changes to project scope, specifications, or materials must be approved in writing before we proceed. Additional work will be billed separately at our standard rates.

Time delays caused by scope changes, design revisions, or additional requests may result in revised completion dates.

11. Inspection and Acceptance

You are encouraged to inspect completed work before final payment. Any concerns must be raised within 7 days of project completion. Work is considered accepted once final payment is made or 7 days after completion, whichever comes first.

12. Property and Equipment

Shop Work: Items left in our shop for service are your responsibility. We are not liable for theft, damage, or loss while items are in our possession, except for damage directly caused by our work.

Mobile Work: Equipment and structures serviced on-site remain your responsibility. We are not liable for damage to property or equipment not directly caused by our welding operations.

Storage: Items left at our shop beyond 30 days after project completion may be subject to storage fees of $25 per day.

13. Code Compliance and Permits

We perform work according to standard welding practices and industry codes. You are responsible for:

• Obtaining required permits and approvals
• Ensuring work complies with local building codes and regulations
• Coordinating inspections as required by authorities

We can assist with code compliance when requested, but you are responsible for meeting all legal requirements.

14. Intellectual Property

Designs, drawings, and specifications you provide remain your property. Custom designs we create for your project are licensed to you for the specific project only. We retain the right to use general methods, techniques, and fabrication processes for other work.

15. Dispute Resolution

Informal Resolution: We will work with you to resolve any disputes or concerns about our work. Contact us within 7 days of discovering an issue.

Mediation: If we cannot resolve a dispute informally, both parties agree to attempt mediation before pursuing legal action.

Governing Law: These terms are governed by the laws of the State of Vermont. Any legal action must be filed in Grand Isle County, Vermont.

16. Indemnification

You agree to indemnify and hold Island Welders harmless from claims, damages, or expenses arising from:

• Inaccurate information or specifications you provided
• Your failure to obtain required permits or approvals
• Unsafe site conditions you failed to disclose
• Modifications or repairs performed by others after our work
• Your misuse or improper installation of fabricated components

17. Force Majeure

We are not liable for delays or failures to perform due to circumstances beyond our control, including but not limited to:

• Natural disasters, extreme weather, or acts of God
• Supply chain disruptions or material shortages
• Equipment breakdowns or failures
• Labor disputes, strikes, or staffing shortages
• Government restrictions or regulatory changes

18. Entire Agreement

These Terms of Service, along with any written estimates or work orders, constitute the complete agreement between you and Island Welders. Verbal statements or promises not included in writing are not binding.

We may update these terms at any time. Updated terms apply to all work performed after the effective date of the update.

19. Severability

If any provision of these terms is found to be unenforceable, the remaining provisions remain in full effect.

20. Contact Information

Questions about these Terms of Service should be directed to:

Island Welders LLC
122 US Route 2
Grand Isle, VT 05458
Phone: [PHONE NUMBER]
Email: [EMAIL ADDRESS]

By engaging Island Welders’ services, you acknowledge that you have read, understood, and agree to these Terms of Service.