1. Acceptance of Terms
These Terms of Service ("Terms") constitute a legally binding agreement between you ("you," "your," or "Client") and Ironclad Forge & Welding ("we," "us," "our," or "Company"), a metal fabrication and welding business located at 56 Warren Ave. Ste #106, Portland, ME 04103.
By accessing or using our website at ironcladforge.digital (the "Site"), submitting a form, calling us, or engaging us for services, you agree to be bound by these Terms. If you do not agree to these Terms, you must not use the Site or our services.
These Terms apply in addition to any specific written proposal, quote, contract, or statement of work you may receive from us. If there is a conflict between these Terms and a signed contract, the signed contract governs for that project.
2. Eligibility
By using the Site or engaging us for services, you represent and warrant that:
- You are at least 18 years of age and legally capable of entering into binding contracts
- If you are using the Site on behalf of a business or organization, you have authority to bind that entity to these Terms
- You will comply with all applicable local, state, and federal laws and regulations
- All information you provide to us is accurate, current, and complete
3. Use of the Website
We grant you a limited, non-exclusive, non-transferable, revocable license to access and use the Site for its intended purposes. This license does not include the right to:
- Modify, copy, reproduce, or distribute any content from the Site
- Use data mining, robots, scraping, or similar data-gathering methods
- Frame, mirror, or otherwise incorporate the Site or any part of it into another website
- Remove or alter any copyright, trademark, or other proprietary notices
- Use the Site for any commercial purpose other than evaluating or engaging our services
All content on the Site — including text, images, graphics, logos, photography of our work, and code — is the property of Ironclad Forge & Welding or its content suppliers and is protected by United States and international copyright laws.
4. Prohibited Conduct
When using our Site or interacting with our team, you agree not to:
- Violate any applicable law, statute, ordinance, or regulation
- Infringe the rights of any third party, including intellectual property, privacy, or contractual rights
- Submit false, misleading, or fraudulent information
- Attempt to gain unauthorized access to our systems or networks
- Interfere with or disrupt the Site or servers connected to the Site
- Transmit viruses, malware, or any other harmful code
- Harass, threaten, or abuse our staff or other users
- Use the Site to send unsolicited commercial communications
We reserve the right to refuse service, terminate access, and pursue legal remedies against anyone who violates these provisions.
5. Quotes & Estimates
We provide quotes and estimates in good faith based on the information available at the time. The following terms apply:
5.1 Validity Period
Written quotes and estimates are valid for thirty (30) days from the date of issue unless otherwise stated. After 30 days, material and labor prices may be adjusted and the quote may be reissued.
5.2 Scope Assumptions
Quotes are based on the scope of work described in the proposal. Any work not expressly listed is excluded. Assumptions about site conditions, access, materials, and finishes are stated in the proposal. If actual conditions differ from those assumptions, we may issue a change order with revised pricing.
5.3 Non-Binding Nature
Estimates provided verbally or by email are non-binding unless issued as a formal written proposal and countersigned by both parties. Only a signed proposal or contract creates an obligation on our part to perform work at a stated price.
5.4 Change Orders
Any change to the scope of work — including additions, deletions, design changes, or material substitutions — requires a written change order signed by you. Change orders may adjust price and schedule. Work on changes does not begin until a change order is approved.
6. Service Terms
The following terms apply to all fabrication, welding, installation, and repair services we provide.
6.1 Standard of Work
We perform all work in a professional and workmanlike manner, consistent with industry standards and applicable codes. Where structural or code-regulated work is required, we perform it to the standard specified by the engineer of record and applicable building codes.
6.2 Design Responsibility
Unless otherwise stated in writing, we are not the engineer of record for any structural work. Where engineering is required, drawings must be produced by a licensed structural engineer. We do not provide engineering stamps or assume engineering liability.
6.3 Site Conditions
We are not responsible for the condition of any substrate, wall, footing, or structure to which our work is attached. If site conditions prevent installation as designed, we will advise you and may propose a change order with alternatives.
6.4 Permits and Approvals
Unless expressly included in the proposal, permits and homeowner association approvals are your responsibility. We will assist with documentation where reasonable and coordinate with inspectors as needed.
6.5 Subcontracting
We perform the substantial majority of our work with our own employees. However, we may subcontract specialty processes (such as hot-dip galvanizing or specialized coatings) to qualified partners. We remain responsible for the overall quality of work performed on our behalf.
7. Payment Terms
7.1 Standard Payment Schedule
Unless otherwise stated in the proposal, payment is due as follows:
- 50% deposit upon scheduling to reserve shop time and order materials
- 40% progress payment upon completion of fabrication and finishing, prior to delivery
- 10% final payment upon completion of installation and final walkthrough
7.2 Payment Methods
We accept checks, ACH bank transfers, wire transfers, and major credit cards. Credit card payments over $5,000 may be subject to a processing fee. Commercial clients with approved credit may be eligible for net-30 terms.
7.3 Late Payments
Invoices not paid within fifteen (15) days of the due date may be subject to a late fee of 1.5% per month (18% per annum) or the maximum rate permitted by Maine law, whichever is lower. We reserve the right to suspend work on any project with an outstanding balance and to withhold delivery of finished work until payment is received.
7.4 Deposits and Cancellation
Deposits are used to reserve shop time and to purchase materials specific to your project. If you cancel after we have ordered materials or begun fabrication, deposits may not be fully refundable. Cancellation fees will be calculated based on:
- Non-refundable deposits paid to suppliers for materials already ordered
- Labor hours invested in design, layout, cutting, and fabrication
- Opportunity cost of reserved shop time that cannot be rebooked on short notice
7.5 Returned Checks and Chargebacks
Returned checks are subject to a $35 processing fee plus any bank fees we incur. Improper chargebacks will be contested, and we may suspend service and refer the matter to collections.
8. Scheduling & Cancellation
8.1 Scheduling
Once a proposal is approved and a deposit is received, we schedule your project into our shop calendar. Scheduling is subject to shop capacity, material availability, and, for exterior installation, weather conditions.
8.2 Client-Initiated Cancellation
You may cancel a scheduled consultation at no cost with at least twenty-four (24) hours' notice. Cancellation of a project already in fabrication is subject to the cancellation provisions in Section 7.4.
8.3 Company-Initiated Rescheduling
We may need to reschedule consultations or installations due to weather, material delays, or emergencies. We will notify you as soon as we are aware of a change and will propose the next available date.
8.4 Force Majeure
Neither party is liable for delays or failure to perform caused by events beyond reasonable control, including natural disasters, severe weather, war, terrorism, labor disputes, government actions, or public health emergencies.
9. Client Obligations
To enable us to perform our work efficiently and safely, you agree to:
- Provide accurate measurements, site information, and any relevant plans or drawings
- Ensure safe site access for our team and equipment during consultations, delivery, and installation
- Obtain any required permits, HOA approvals, and third-party consents
- Disclose any known hazards on the property (asbestos, buried utilities, structural issues, etc.)
- Ensure that utilities (power, water) are available at the site as needed
- Respond promptly to approval requests, change orders, and design decisions
- Not modify, move, or alter our finished work in a way that could compromise its integrity or warranty
Delays caused by unmet client obligations may result in rescheduling and may affect pricing.
10. Intellectual Property
10.1 Our Content
All content on the Site — including text, graphics, logos, images, photography of our work, layout, and code — is owned by or licensed to Ironclad Forge & Welding and is protected by U.S. and international copyright and trademark laws. You may not use, reproduce, or distribute any of this content without our prior written permission.
10.2 Design Ownership
Unless otherwise agreed in writing, we retain ownership of all designs, drawings, specifications, and shop drawings we create. You are granted a license to use the drawings solely for the purpose of the project on which we are engaged. We reserve the right to publish photographs of completed work in our portfolio and marketing materials, unless you have requested confidentiality in writing.
10.3 Client-Provided Materials
By providing drawings, images, or specifications to us, you represent that you have the right to share them and grant us permission to use them for the purpose of completing your project.
11. Warranty & Disclaimers
11.1 Workmanship Warranty
Our written warranty coverage is described on our Warranty page and in the closeout documents provided for your project. This section does not modify the warranty terms there; it only clarifies the relationship between the warranty and these Terms.
11.2 No Other Warranties
EXCEPT AS EXPRESSLY STATED IN OUR WRITTEN WARRANTY, OUR WORK AND THE SITE ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
We do not warrant that the Site will be uninterrupted, error-free, secure, or free from viruses or other harmful components.
12. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, IRONCLAD FORGE & WELDING, ITS OWNERS, EMPLOYEES, AND AGENTS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, LOSS OF BUSINESS, LOSS OF DATA, OR PROPERTY DAMAGE UNRELATED TO OUR WORK, ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE SITE OR OUR SERVICES.
OUR TOTAL LIABILITY FOR ANY CLAIM ARISING OUT OF OR RELATING TO THIS AGREEMENT SHALL NOT EXCEED THE TOTAL AMOUNT PAID BY YOU TO US FOR THE SPECIFIC PROJECT GIVING RISE TO THE CLAIM.
Some jurisdictions do not allow the exclusion of certain warranties or the limitation of certain damages. In such jurisdictions, our liability is limited to the fullest extent permitted by law.
13. Indemnification
You agree to indemnify, defend, and hold harmless Ironclad Forge & Welding, its owners, employees, agents, and successors from and against any and all claims, liabilities, damages, losses, costs, and expenses (including reasonable attorney fees) arising out of or related to:
- Your violation of these Terms
- Your violation of any law or the rights of any third party
- Inaccurate or incomplete information you provide to us
- Any hazardous condition on your property that we were not made aware of
- Any misuse of our work or the Site
14. Dispute Resolution
14.1 Informal Resolution
If a dispute arises out of or relates to these Terms or our services, both parties agree to first attempt to resolve the dispute informally by contacting the other party in writing and providing a reasonable opportunity to discuss and resolve the issue.
14.2 Mediation
If informal resolution fails, the parties agree to attempt mediation in Cumberland County, Maine, before initiating litigation. Mediation costs shall be shared equally between the parties.
14.3 Arbitration (Optional)
If mediation fails, either party may propose binding arbitration administered by the American Arbitration Association under its Construction Industry Arbitration Rules. Any arbitration shall take place in Portland, Maine. The decision of the arbitrator shall be final and binding.
14.4 Small Claims and Injunctive Relief
Either party may bring an individual action in small claims court for disputes within that court's jurisdictional limits. Either party may also seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement of intellectual property rights.
14.5 No Class Actions
To the extent permitted by law, all disputes must be brought on an individual basis and not as a class, collective, or representative action.
15. Governing Law
These Terms shall be governed by and construed in accordance with the laws of the State of Maine, without regard to its conflict of laws principles. Any action not subject to arbitration shall be brought exclusively in the state or federal courts located in Cumberland County, Maine, and both parties consent to the personal jurisdiction of such courts.
If any provision of these Terms is found to be unenforceable, that provision shall be severed and the remaining provisions shall remain in full force and effect.
Our failure to enforce any right or provision of these Terms shall not be deemed a waiver of that right or provision.
16. Changes to These Terms
We may update these Terms from time to time to reflect changes in our practices, services, or legal requirements. When we make material changes, we will:
- Update the "Last Updated" date at the top of this page
- Post the revised Terms on this page
- Notify active clients by email if the changes materially affect their rights or obligations
Your continued use of the Site or our services after any change constitutes your acceptance of the revised Terms. We encourage you to review this page periodically.
17. Contact Us
If you have questions about these Terms of Service, please contact us:
We aim to respond to all inquiries regarding these Terms within 5 business days.