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TERMS AND CONDITIONS OF SALE


SFC Welding Inc. dba SFC Tec Inc.
2505 E 500 S, Delta, UT 84624
Phone: (435) 406-6251

Last Updated: 09/25/2025

1. General

By placing an order with SFC Welding Inc. dba SFC Tec, Inc. ("Company"), the client ("Customer") agrees to these Terms and Conditions of Sale. The Customer explicitly waives its own standard terms and conditions, even if drawn up after these Terms. Any exceptions or modifications must be agreed upon in writing by the Company.

2. Acceptance

By accepting a quote, submitting a purchase order, or making payment, the Customer acknowledges and agrees to these Terms and Conditions of Sale.

3. Payment Terms

  • Invoices are due upon receipt, unless otherwise agreed in writing.
  • Late payments are subject to interest charges of 10% of the outstanding balance.
  • Services may be suspended without notice in the event of late or non-payment.
  • Accounts unpaid sixty (60) days beyond the due date may be referred to collections. All collection costs, including legal fees, will be borne by the Customer.
  • Any withholding or deductions required by local laws are the sole responsibility of the Customer. The full invoice amount remains payable to the Company without offset.

4. Payment Methods and Refund Policy

  • The Company accepts payment by check, ACH transfer, and major credit/debit cards (processing fees may apply for card payments).
  • All payments must be made in U.S. dollars.
  • No refunds will be issued once work has commenced, materials have been ordered, or fabrication has begun, as costs are immediately incurred.
  • Any deposits are non-refundable unless otherwise agreed in writing.
  • In the event of a cancelled order prior to commencement of work, the Customer may be responsible for any administrative, handling, or restocking fees.

5. Returned Checks and Disputed Charges

  • If a Customer’s check is returned for insufficient funds, closed account, or any other reason, the Customer shall be responsible for: the original payment amount; any bank fees or charges incurred by the Company; and an additional administrative fee of $50.00 per returned check (or the maximum allowed by Utah law, whichever is greater).
  • In the event of a credit card chargeback or disputed ACH payment, the Customer remains responsible for the full invoice amount plus any fees or penalties assessed by the processing institution.
  • The Company reserves the right to suspend or cancel services, deliveries, or production until full cleared payment is received.
  • Repeated payment issues may result in the Customer being required to pay via certified funds, wire transfer, or cash for all future orders.
  • Returned or fraudulent checks may be reported to law enforcement in accordance with Utah Code §76-6-505 (Utah Criminal Code: Issuing a Bad Check).

6. Delivery and Performance

The Company will use commercially reasonable efforts to deliver products and services within agreed timeframes. Delivery dates are estimates only and not guarantees. No obligation of the Company shall be deemed an obligation to achieve specific results.

7. Claims and Returns

Any claims must be submitted in writing to the Company by certified or registered mail within eight (8) days of delivery of goods or services. Claims made after this period will not be accepted.

8. Materials Supplied by Customer

If the Customer supplies materials, components, or equipment for use in the project: the Company is not responsible for defects, contamination, or failures in customer-supplied material. If such material causes delays, defects, or rework, the Customer shall be liable for the additional costs incurred. Title remains with the Customer, but the risk of damage or loss passes to the Customer once fabrication or handling begins.

9. Design Responsibility and Engineering

Unless expressly contracted in writing to provide design or engineering services: the Company does not verify the adequacy, accuracy, or code compliance of drawings, designs, or specifications provided by the Customer or third parties. The Customer remains fully responsible for the correctness of all design specifications and their intended use. The Company shall not be liable for failures or deficiencies resulting from customer-supplied designs.

10. Changes and Additional Work (Change Orders)

Any work not included in the original estimate, quote, or contract will be treated as additional work. Additional work may include, but is not limited to, design modifications, field adjustments, extra welding, rework, or delays caused by the Customer. Such work will be billed at the Company’s prevailing time-and-material rates or under a separate written agreement. 

11. Warranties and Disclaimers

11.1 General Fabrication and Welding Work

All work is performed to industry standards; however, due to the nature of welding and fabrication, variations, imperfections, or distortions inherent in the process shall not be considered defects. Unless otherwise expressly stated in writing, the Company provides no warranties, express or implied, including warranties of merchantability or fitness for a particular purpose. Customer assumes responsibility for design specifications, structural suitability, and intended use of fabricated products.

11.2 Metal Buildings

Due to the nature of metal buildings, the Company provides no warranty or guarantee against water intrusion, leaks, or condensation. The Customer acknowledges and accepts that environmental factors, site preparation, installation methods, and long-term maintenance directly impact building performance.

11.3 Limitation of Liability

The Company shall not be liable for any indirect, incidental, special, or consequential damages, including but not limited to lost profits, downtime, or claims by third parties. In no event shall the Company’s liability exceed the amount paid by the Customer for the specific product or service giving rise to the claim.

12. Delivery, Handling, and Storage

  • Risk of loss transfers to the Customer upon delivery to the carrier or pickup at the Company’s facility.
  • If completed products or materials remain at the Company’s facility beyond thirty (30) days due to the Customer’s failure to arrange pickup or delivery, the Company may charge reasonable storage fees.
  • The Company is not liable for deterioration, rust, or damage to stored products beyond this period.

13. Safety and Site Conditions

If the Company performs onsite installation, field welding, or contracting services:

  • The Customer shall provide a safe and accessible working environment, including proper access, lighting, power, ventilation, and compliance with OSHA and applicable safety regulations.
  • The Company reserves the right to suspend work if unsafe conditions are present.
  • The Customer is responsible for site readiness, including permits, clear work areas, and any required approvals, unless otherwise agreed in a separate written construction contract, in which case some or all of these responsibilities may be transferred to the Company as part of the defined project scope.

14. Force Majeure

The Company shall not be liable for delays, damages, or non-performance caused by events beyond its reasonable control, including but not limited to:

  • Material or supply shortages, labor disputes, or equipment failure
  • Fire, flood, natural disasters, or weather conditions
  • Government actions, regulatory restrictions, or transportation delays

In such cases, delivery timelines will be extended automatically without penalty.

15. Indemnification and Hold Harmless

The Customer agrees to indemnify, defend, and hold harmless SFC Welding Inc. dba SFC Tec Inc., its officers, employees, agents, and subcontractors from and against any and all claims, demands, liabilities, damages, losses, costs, and expenses (including reasonable attorney’s fees) arising out of or related to:

  • The Customer’s use, modification, or resale of products or services provided by the Company;
  • The Customer’s failure to properly maintain, install, or use the products;
  • Any third-party claims alleging injury, property damage, or economic loss related to the products or services supplied;
  • The Customer’s violation of applicable laws, regulations, or third-party rights.

This obligation shall survive completion of work, delivery of products, or termination of the parties’ relationship.

16. Governing Law and Venue

All sales, services, and contractual relationships are governed exclusively by the laws of the United States and the State of Utah, without regard to conflict-of-law principles. The Customer agrees that any disputes, claims, or legal actions arising out of or relating to these Terms or the sale of products or services shall be brought exclusively in the state or federal courts located in Millard County, Utah, except as provided in the Arbitration clause below. The Customer consents to the personal jurisdiction of such courts.

17. Arbitration

Any dispute, controversy, or claim arising out of or relating to these Terms, the sale of products, or the provision of services shall be resolved by binding arbitration administered by the American Arbitration Association (AAA) in accordance with its Commercial Arbitration Rules.

  • The arbitration shall take place in Millard County, Utah.
  • The arbitration shall be conducted by a single arbitrator mutually agreed upon by the parties or, failing agreement, appointed in accordance with AAA rules.
  • The decision of the arbitrator shall be final and binding, and judgment on the award may be entered in any court of competent jurisdiction.
  • Each party shall bear its own costs and attorney’s fees, unless otherwise determined by the arbitrator.

Nothing in this section prevents the Company from pursuing collection of unpaid invoices in court.

18. Superseding Agreements

In the event that the Customer and the Company enter into a separately executed written contract, the terms of that contract shall control and supersede any conflicting provisions contained in these Terms and Conditions of Sale. All non-conflicting provisions of these Terms shall remain in effect unless expressly waived in the separate contract.

No verbal statements, promises, or agreements made by any employee, agent, or representative of the Company shall alter or override these Terms. Any modification, amendment, or waiver of these Terms must be in a separate written agreement signed by an authorized officer of the Company.

19. Updates to Terms

The Company reserves the right to amend or update these Terms and Conditions of Sale at any time without prior notice. The most current version will always be publicly available on the Company’s website. The Customer’s continued business with the Company following any updates constitutes acceptance of the revised Terms. It is the Customer’s responsibility to review the Terms before placing orders.

A disclaimer referencing these Terms is provided on all quotes, sales orders, invoices, and receipts. By proceeding with any order, the Customer acknowledges their responsibility to review and accept the most current Terms.