Triad Peak

Production & Design LLC

-Terms of Service -

Effective Date: [03/01/25]

These Terms of Service ("Terms") govern all work performed by Triad Peak Production & Design LLC ("Company," "we," "us") and the use of our website at https://www.triad-peak.com/. By paying an initial deposit, requesting services, or engaging the Company for a project, the client ("Client," "you") agrees to be bound by these Terms.

1. Agreement

By paying the initial deposit, the Client agrees to these Terms of Service for the project (the "Work") as described in the provided Quotation issued by the Company. These Terms are incorporated into and form part of every quote, invoice, and agreement unless otherwise stated in writing.

2. Quotations & Scope of Work

Validity

All quotations are valid for 30 days from the date of issue due to fluctuating material costs, including steel and aluminum.

Scope

Quotations include only the services, materials, labor, and designs explicitly listed. Any work not stated is excluded.

Changes (Change Orders)

Any additions, alterations, or deviations from the original scope constitute a Change Order and will incur additional charges for time and materials. All Change Orders must be approved in writing by the Client before work proceeds.

3. Payment Terms

  • Deposit: A 50% non-refundable deposit is required upon acceptance of the Quotation to initiate the project and secure lead time.

  • Final Payment: The remaining 50% balance is due upon project completion and prior to delivery or installation.

  • Payment Methods: Check, Credit Card, and Bank Transfer.

  • Late Payments: Balances unpaid after 15 days from the final invoice date will accrue interest at 1.5% per month or the maximum rate permitted by law.

  • Retention of Title: The Company retains legal title to all Work and materials until payment is made in full.

4. Lead Time

Estimated lead time is 3–9 weeks from receipt of the deposit. Lead times are estimates only and may vary due to workload, supply chain delays, or unforeseen circumstances. The Company will communicate material delays when reasonably possible.

5. Design & Final Approval

  • The Client is responsible for final approval of all designs, drawings, blueprints, and CAD files.

  • The Company is not responsible for errors or omissions in any design approved by the Client.

  • Quotations include up to two (2) design revisions. Additional revisions will be billed at the Company’s standard hourly design rate.

  • Written approval (email or signature) is required before fabrication begins.

  • Changes requested after fabrication has started will be treated as Change Orders.

6. Cancellations

  • Before fabrication begins: The 50% deposit is forfeited.

  • After fabrication begins: The Client forfeits the deposit and is responsible for payment for all work completed and materials purchased up to the cancellation date.

7. Warranty

Workmanship

The Company provides a 1-Year Limited Warranty on workmanship under normal use conditions.

Exclusions

This warranty does not cover:

  • Raw materials (covered by respective mill warranties)

  • Finishes (paint, powder coating) against chipping, fading, or corrosion

  • Damage from misuse, neglect, accidents, improper installation (if not installed by the Company), or competitive use

  • Modified or repaired work performed by anyone other than the Company

8. Limitation of Liability & Indemnification

8.1 General Limitation

The Company shall not be liable for indirect, incidental, special, or consequential damages. Maximum liability for any claim shall not exceed the total amount paid for the Work.

8.2 Assumption of Risk (Powersports & Off-Road)

The Client acknowledges that motorsports, off-roading, and powersports activities involve inherent risks, including serious injury or death. The Company assumes no liability for such risks.

8.3 Off-Road Use Only

Certain products are sold for “Off-Road Use Only” and may not be legal for public highway use. Compliance with laws and regulations is the Client’s responsibility.

8.4 Indemnification

The Client agrees to indemnify, defend, and hold harmless the Company, its owners, and employees from all claims, damages, and expenses (including attorney’s fees) arising from use, installation, or application of the Work.

9. Installation & Code Compliance

Code Compliance

The Company is a custom fabricator and not a building code consultant or general contractor. The Client is solely responsible for compliance with all local, state, federal, and ADA requirements.

Exception

The Company is responsible for code compliance only if explicitly stated as a line item in the Quotation.

Third-Party Installation

If installation is performed by others, the Company is not liable for failures, damages, or code violations resulting from improper installation.

10. Intellectual Property

  • Company IP: All fabrication methods, processes, designs, and CAD files remain the intellectual property of the Company unless transferred by written agreement.

  • Client IP: The Client warrants that any materials, logos, or designs they provide do not infringe on third-party rights.

11. Website Use

All website content including text, images, designs, and logos is owned by the Company and may not be used or reproduced without written permission.

12. Governing Law

These Terms are governed by and construed in accordance with the laws of the State of Utah.

13. Changes to These Terms

The Company may update these Terms at any time. Updates become effective when posted on our website.

14. Contact Information

Triad Peak Production & Design LLC
Phone: 801-855-6691
Email: info@triad-peak.com
Website: https://www.triad-peak.com/