Terms of Service

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Last Updated Date: 7/31/25 

1. GENERAL TERMS 

All sales by MetaForge Industrial Systems (“Seller”) are governed by these Terms and Conditions. Any proposal, order, or communication that includes different or additional terms is expressly rejected unless agreed to in writing by Seller. Acceptance of delivery of goods or services shall be deemed acceptance of these terms. 

2. ACCEPTANCE OF ORDERS 

All orders are subject to final acceptance by Seller at its principal office. Seller reserves the right to reject any order. No order shall be binding on Seller unless confirmed in writing or fulfilled by shipment. 

3. CREDIT APPROVAL & PAYMENT TERMS 

All sales are subject to credit approval. Seller may revoke credit terms or require prepayment or security for future shipments at any time. Unless otherwise agreed in writing, payment is due within fifteen (15) days from the date of invoice. Late payments are subject to a finance charge of 1.5% per month. A surcharge of 3% applies to credit card payments exceeding $10,000. 

4. DELIVERY & RISK OF LOSS 

Delivery dates are estimates only. Seller is not liable for any delays. Risk of loss passes to Purchaser upon delivery to carrier, F.O.B. Seller’s facility. Seller is not responsible for unloading, unless agreed in writing. 

5. SHIPPING, TAXES & HANDLING FEES 

Purchaser shall pay all applicable freight, handling, and delivery costs unless otherwise agreed. Purchaser is also responsible for all sales, use, excise, or similar taxes, unless a valid exemption certificate is provided. 

6. FORCE MAJEURE 

Seller shall not be liable for failure or delay in performance due to causes beyond its control, including but not limited to acts of God, war, fire, labor disputes, supply shortages, or transportation disruptions. 

7. WARRANTY 

Seller warrants its manufactured products to be free from material defects for one (1) year from date of shipment or installation (whichever is earlier). Third-party products are subject to their manufacturer’s warranties. Warranty claims must be submitted within ninety (90) days of discovery. Warranty is void if the product is altered, misused, improperly installed, or not maintained. 

EXCEPT AS EXPRESSLY SET FORTH HEREIN, SELLER MAKES NO OTHER WARRANTIES AND DISCLAIMS ALL IMPLIED WARRANTIES, INCLUDING MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. 

8. RETURNS & CANCELLATIONS 

Returns and cancellations are subject to prior written approval and applicable restocking fees. Custom or special-order products are non-cancellable and non-returnable. 

9. LIMITATION OF LIABILITY 

IN NO EVENT SHALL SELLER BE LIABLE FOR INDIRECT, INCIDENTAL, CONSEQUENTIAL, OR SPECIAL DAMAGES, INCLUDING LOSS OF USE, PROFITS, REVENUE, OR GOODWILL. SELLER’S TOTAL LIABILITY SHALL NOT EXCEED THE AMOUNT PAID BY PURCHASER FOR THE PRODUCTS IN QUESTION. 

10. INSURANCE 

Seller maintains general liability, automotive liability, and workers’ compensation insurance at customary industry levels. Any special endorsements or additional insurance requirements are subject to additional charges. 

11. DEFAULT & REMEDIES 

If Purchaser defaults, Seller may (a) declare all unpaid amounts immediately due, (b) suspend or cancel further performance, and (c) pursue collections with applicable fees and legal costs. 

12. OWNERSHIP & TOOLS 

Unless explicitly agreed otherwise, all tools, dies, and intellectual property used to produce products remain the sole property of Seller, even if Purchaser pays for some or all tooling. 

13. INTELLECTUAL PROPERTY & INFRINGEMENT 

Seller may discontinue delivery of any product that it believes infringes intellectual property rights. Purchaser agrees to indemnify Seller for any claims arising from products manufactured to Purchaser’s specifications. 

14. PERMITS & COMPLIANCE 

Purchaser is responsible for obtaining all necessary permits, licenses, or approvals for installation and use of the products. 

15. CLAIMS, SHORTAGES & NON-CONFORMITIES 

All claims for shortages or non-conforming goods must be submitted in writing within ten (10) days of receipt. Products must not be returned without prior authorization. 

16. DISPUTE RESOLUTION 

Any disputes arising out of these Terms shall be resolved via binding arbitration administered by the American Arbitration Association. The arbitration shall be held in [Insert State/County], and governed by the laws of the State of [Insert State]. 

17. SMS COMMUNICATIONS & CONSENT 

By providing your phone number, you consent to receive SMS communications from Seller related to order status, service notifications, and marketing. Message frequency may vary. Message and data rates may apply. Reply STOP to unsubscribe, HELP for assistance. Consent is not a condition of purchase. See our Privacy Policy for additional information. 

18. ENTIRE AGREEMENT 

These Terms constitute the entire agreement between the parties and supersede all prior agreements or representations. No changes shall be binding unless made in writing and signed by both parties. 

Contact Us 

MetaForge Industrial Systems 

7308 Bolo Ln, Flower Mound, TX 75022 

📧Info@metaforgeis.com  

📞 866-563-8247