Terms of Service

Please read these Terms of Service ("Terms") carefully before using the Macedo Metalworks LLC website at macedometal.com (the "Site") or engaging any services offered by Macedo Metalworks LLC ("Company," "we," "us," or "our"). By accessing the Site or requesting our services, you ("Client," "you," or "your") agree to be bound by these Terms.

1. Acceptance of Terms

By accessing or using our Site, submitting a contact form, requesting an estimate, or entering into a service agreement with Macedo Metalworks LLC, you acknowledge that you have read, understood, and agree to be bound by these Terms. If you do not agree with any part of these Terms, you must discontinue use of the Site and our services immediately.

These Terms apply to all visitors, users, clients, and any other persons who access or use our Site or services. Additional terms and conditions may apply to specific projects and will be outlined in individual written service agreements or contracts.

2. Service Descriptions

Macedo Metalworks LLC provides custom metal fabrication, welding, structural steel, light gauge steel framing, gate and railing fabrication, metal bins and containers, pergola construction, pool cage work, stair systems, and related metalwork services for residential, commercial, and industrial clients throughout Central Florida and statewide.

Service descriptions provided on our Site are for general informational purposes. The specific scope, specifications, materials, and deliverables for any project will be defined in a written estimate, proposal, or service agreement provided to you prior to commencement of work. Images and descriptions on our Site represent examples of our capabilities and are not guarantees that your project will yield identical results, as each project involves unique conditions, materials, and design requirements.

3. Estimates & Quotes

All estimates and quotes provided by Macedo Metalworks LLC are based on the information available to us at the time of the assessment, including site conditions, project specifications, material costs, and labor requirements. Please note:

• Non-binding estimates: Unless explicitly stated otherwise in writing, all estimates are non-binding approximations and do not constitute a firm contract or fixed price. Final pricing may vary based on actual project conditions, design changes, material cost fluctuations, or unforeseen site requirements.
• Estimate validity: Estimates are valid for thirty (30) days from the date of issue unless otherwise specified. After this period, pricing may be subject to revision due to changes in material costs or labor rates.
• Site conditions: Estimates are based on conditions known or reasonably discoverable during our initial assessment. If concealed or unforeseen conditions are encountered during the project (such as structural deficiencies, hidden utilities, or code violations), additional costs may apply and will be communicated to you before proceeding.
• Material pricing: Steel, aluminum, and other metal material prices are subject to market fluctuations. If material costs increase significantly between the estimate date and project start date, we reserve the right to adjust the estimate accordingly with prior notice to you.

4. Project Agreements & Scope

All projects exceeding a basic service call require a written service agreement or contract signed by both parties prior to commencement. This agreement will outline:

• Detailed scope of work and project specifications
• Materials to be used and any material allowances
• Project timeline and milestones
• Total project cost or cost structure
• Payment schedule and terms
• Warranty terms specific to the project

Any changes to the agreed scope of work ("Change Orders") must be documented in writing and approved by both parties before the additional work begins. Change orders may affect the project timeline and total cost.

5. Payment Terms

Payment terms are established in the written service agreement for each project. Standard payment terms include:

• Deposit: A deposit is required before work begins. The deposit amount will be specified in the service agreement and is typically a percentage of the total project cost. The deposit secures your position in our production schedule and covers initial material procurement.
• Progress payments: For larger projects, progress payments may be required at specified milestones as outlined in the service agreement.
• Final payment: The remaining balance is due upon completion and prior to final delivery or installation, unless otherwise agreed in writing.
• Accepted methods: We accept payment by check, ACH transfer, credit card, and other methods as specified in the service agreement. Credit card payments may be subject to a processing fee.
• Late payment: Invoices not paid within the agreed timeframe may be subject to a late fee of 1.5% per month (18% per annum) or the maximum rate permitted by Florida law, whichever is less. We reserve the right to suspend work on the project until past-due payments are received.
• Collections: In the event of non-payment, we reserve the right to pursue all available legal remedies, including but not limited to filing a mechanic's lien pursuant to Florida Statutes Chapter 713, and the prevailing party in any collection action shall be entitled to recover reasonable attorney's fees and costs.

6. Cancellation & Refunds

If you wish to cancel a project after a service agreement has been signed:

• Before material procurement: If cancellation occurs before materials have been ordered or fabrication has begun, we will refund the deposit less a cancellation fee equal to 15% of the total project cost to cover administrative, design, and scheduling costs.
• After material procurement: If materials have already been ordered or fabrication has commenced, refunds will be issued for the deposit amount less the cost of materials already purchased, labor already performed, and any restocking or return fees incurred.
• Custom materials: Custom-ordered or specially fabricated materials that cannot be returned or repurposed are non-refundable.
• Written notice: All cancellation requests must be submitted in writing via email to sales@macedometal.com.

7. Project Timelines & Delays

We make every reasonable effort to complete projects within the timeline specified in the service agreement. However, project completion dates are estimates and are not guaranteed. Timelines may be affected by:

• Weather conditions, including hurricanes, tropical storms, and excessive rain common in Central Florida
• Material supply chain disruptions or delivery delays
• Client-requested changes or additions to the scope of work
• Permit approval delays from local building departments
• Discovery of unforeseen site conditions requiring additional work
• Delays caused by other contractors or trades on the project site

Macedo Metalworks LLC shall not be liable for damages or penalties resulting from delays caused by factors beyond our reasonable control. We will communicate any anticipated delays promptly and work to minimize schedule impacts.

8. Client Responsibilities

By engaging our services, you agree to:

• Provide accurate project specifications, measurements, and site information
• Ensure we have safe, reasonable access to the project site during agreed working hours
• Obtain all necessary permits, zoning approvals, and HOA approvals required for the project, unless we have explicitly agreed to handle permitting in the service agreement
• Verify that the proposed work complies with applicable building codes, deed restrictions, and local ordinances
• Make timely decisions and provide approvals to avoid project delays
• Maintain adequate property insurance covering the work in progress
• Notify us immediately of any hazardous conditions on the job site

9. Intellectual Property

All content on this Site, including text, images, graphics, logos, icons, and design elements, is the property of Macedo Metalworks LLC or our licensors and is protected by U.S. copyright and trademark laws. You may not reproduce, distribute, modify, or create derivative works from any content on this Site without our prior written consent.

Custom designs, shop drawings, and engineering details created by Macedo Metalworks LLC for your project remain our intellectual property until full payment has been received. Upon full payment, you receive a non-exclusive license to use such designs solely for the purpose of the contracted project.

10. Limitation of Liability

To the maximum extent permitted by Florida law:

• Macedo Metalworks LLC's total aggregate liability for any claims arising from or relating to our services shall not exceed the total amount paid by you for the specific project giving rise to the claim.
• We shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to loss of profits, revenue, business opportunities, or data, regardless of the cause of action or theory of liability.
• We shall not be liable for damages resulting from your failure to maintain or properly care for completed work, including exposure to conditions outside normal use parameters.
• We are not liable for damage to existing structures, landscaping, driveways, or other property that may reasonably occur during normal construction and installation activities, provided we exercise reasonable care.

Nothing in these Terms shall limit our liability for death or personal injury caused by our negligence, fraud, or any other liability that cannot be excluded by law.

11. Indemnification

You agree to indemnify, defend, and hold harmless Macedo Metalworks LLC, its owners, officers, employees, and agents from and against any claims, liabilities, damages, losses, costs, or expenses (including reasonable attorney's fees) arising out of or relating to: (a) your breach of these Terms; (b) your use of our Site; (c) inaccurate information you provided to us; or (d) your violation of any law or third-party rights in connection with your project.

12. Governing Law & Jurisdiction

These Terms and any disputes arising from or relating to them shall be governed by and construed in accordance with the laws of the State of Florida, without regard to its conflict of law provisions. Any legal action or proceeding arising under these Terms shall be brought exclusively in the state or federal courts located in Seminole County, Florida, and the parties irrevocably consent to the personal jurisdiction and venue of such courts.

13. Dispute Resolution

In the event of a dispute arising from these Terms or our services, the parties agree to first attempt to resolve the matter through good-faith negotiation. If the dispute cannot be resolved through direct negotiation within thirty (30) days, the parties agree to submit to mediation administered by a mutually agreed-upon mediator in Seminole County, Florida, before pursuing any legal action.

If mediation is unsuccessful, either party may pursue binding arbitration under the rules of the American Arbitration Association, or file an action in the courts specified above. The prevailing party in any dispute resolution proceeding shall be entitled to recover reasonable attorney's fees and costs from the non-prevailing party.

Notwithstanding the above, either party may seek injunctive or equitable relief from a court of competent jurisdiction to prevent irreparable harm pending the outcome of any dispute resolution process.

14. Force Majeure

Neither party shall be liable for any failure or delay in performing its obligations under these Terms when such failure or delay results from circumstances beyond its reasonable control, including but not limited to: acts of God, hurricanes, tropical storms, flooding, fire, earthquake, pandemic, epidemic, government orders, labor disputes, material shortages, transportation disruptions, utility failures, or acts of terrorism. The affected party shall give prompt notice to the other party and shall use reasonable efforts to mitigate the impact of the force majeure event.

15. Modifications to Terms

We reserve the right to modify these Terms at any time. Changes will be effective immediately upon posting to our Site. The "Last updated" date at the top of this page indicates when the Terms were last revised. Your continued use of the Site or our services after any modifications constitutes your acceptance of the updated Terms. We encourage you to review these Terms periodically.

Modifications to these Terms will not retroactively affect the terms of any existing written service agreement already executed between you and Macedo Metalworks LLC.

16. Contact Information

If you have questions about these Terms of Service, need clarification on any provision, or wish to discuss a specific project agreement, please contact us:

Macedo Metalworks LLC
2890 US-17, Casselberry, FL 32707
Phone: (407) 674-2040
Email: sales@macedometal.com