Terms & Conditions
Effectice Date February 12, 2026
1. Independent Contractor Relationship Contractor is an independent contractor and not an employee, agent, partner, or joint venturer of Client. Contractor retains exclusive control over the means, methods, materials, scheduling, and performance of all work. Nothing in this Agreement shall be construed to create an employment relationship.
2. Scope of Work Contractor shall provide welding, metal fabrication, powder coating (when required), and installation services (when required) as outlined in written estimates provided to Client (“Work”). Each estimate, once accepted, is incorporated into and governed by this Agreement.
3. Payment Policy (Agreement by Acceptance)
Acceptance of any estimate constitutes full agreement to this Payment Policy and all terms of this Agreement. Clients acknowledge payments are subject to QuickBooks’ privacy and security policies, which may delay deposits.
3.1 Deposit Requirement
All accepted estimates require a deposit of fifty percent (50%) of the total estimated amount before:
Any fabrication begins
Any special-order materials are purchased
3.2 Special Order Materials
Special-order items (including but not limited to custom metal or beams) will only be purchased after funds are deposited
Material pricing is subject to market fluctuations
If material costs change after deposit but before purchase, the final invoice total may be adjusted
Any such pricing variables will be disclosed in the estimate
3.3 Final Payment
The remaining invoice balance is due within 30 days upon completion of the project.
4. Changes to Scope, Design, or Measurements
Contractor is not responsible for cost increases, delays, or outcomes resulting from changes requested or required after an estimate has been accepted and work has begun.
Any project that:
Alters agreed-upon designs
Modifies dimensions, measurements, or specifications
Adds fabrication, labor, materials, or processes
may, at Contractor’s sole discretion:
Be treated as a new estimate and separate job, or
Result in adjustments to the original invoice
Such changes may affect:
Total project cost
Required deposits
Completion timelines
Work will not proceed on changes until revised pricing or a new estimate is approved.
5. Ownership of Work & Non-Payment
Any project not paid in full remains the sole property of Ericksen Elite Welding & Design.
Ownership of the fabricated or installed product does not transfer to Client until full payment is received and cleared.
Upon full payment:
Contractor relinquishes ownership of the physical project
Contractor permanently retains rights to photographs and media as outlined below
6. Late Payment, Fees, and Removal of Materials
Any project not paid in full within six (6) months of completion shall be subject to remedies at the sole discretion of Contractor, including:
A late fee equal to fifteen percent (15%) of the total invoice amount, and/or
Removal of installed or fabricated materials, in whole or in part
Client acknowledges and agrees that:
All materials remain the property of Contractor until payment is received in full
Removal of materials does not waive or satisfy the outstanding balance
Client must provide reasonable access for removal
Any costs associated with removal, transportation, storage, or repair may be added to the outstanding invoice balance.
7. Photo & Media Rights
Client grants Contractor an irrevocable right to:
Photograph or record the project at any stage of fabrication or installation
Use such media at any time for marketing, portfolio, or promotional purposes
No identifying or contact information of Client will ever be disclosed.
8. Privacy Policy (Incorporated by Reference to our Privacy & Safety Policy)
9. Insurance & Workers’ Compensation
Contractor shall maintain:
A current general liability insurance policy
A valid workers’ compensation policy or lawful waiver, as applicable
Proof of coverage is available upon request.
10. Liability & Repairs
Contractor shall repair or correct damages caused solely by Contractor’s own fault.
Once the product is delivered or installed (when applicable), Contractor shall not be liable for:
Misuse
Modifications
Environmental exposure
Normal wear and tear
Third-party interference
11. Governing Law
This Agreement shall be governed by and interpreted in accordance with the laws of the State of Utah.
12. Entire Agreement
This Agreement, together with all accepted estimates, invoices, and incorporated policies, constitutes the entire agreement between the Parties and supersedes all prior communications.
Any modification must be in writing and agreed upon by both Parties.
13. Other Payment Options
Other payment schedules must be agreed upon prior to the acceptance of estimate or invoice, such payment schedules will be reflected in those documents.
Privacy & Safety Policy
Ericksen Elite Welding & Design
Effective Date: January 17, 2026
1. Overview
Ericksen Elite Welding & Design (“we,” “us,” or “our”) is a Utah-based welding and fabrication business committed to protecting customer privacy, personal information, and payment security. We comply with applicable federal regulations, Utah state laws, and industry best practices, including PCI DSS (Payment Card Industry Data Security Standard)requirements for payment security.
2. Information We Collect
We collect only the information reasonably necessary to provide our services, which may include:
Name
Phone number
Email address
Billing name and address
Job site or service location
Project or service details
We do not collect or store sensitive payment card data.
3. Payment Processing & PCI Compliance
All customer payments are processed exclusively through QuickBooks.
Ericksen Elite Welding & Design does not accept payments directly
Credit and debit card payments are entered directly into QuickBooks’ secure payment platform
QuickBooks is a PCI DSS–compliant third-party payment processor
We do not store, process, or transmit credit card numbers, CVV codes, PINs, or other sensitive authentication data
We do not have access to full payment card information
By submitting payment, customers acknowledge that payment processing is handled by QuickBooks and is subject to QuickBooks’ privacy and security policies.
4. Use of Personal Information
Personal information is used solely to:
Provide welding and fabrication services
Communicate with customers and schedule jobs
Prepare estimates, invoices, and receipts
Maintain records required for accounting, tax, or legal purposes
We do not sell, rent, or share personal information for marketing or advertising.
5. Data Security Measures
We take reasonable administrative and technical safeguards to protect customer information, including:
Limiting access to customer data to authorized personnel only
Using password-protected devices and business accounts
Secure invoicing and communication practices
Relying on QuickBooks for all payment security functions
No method of data transmission or storage can be guaranteed 100% secure; however, we follow reasonable industry-standard practices for a small business.
6. Utah Privacy Law Compliance
Ericksen Elite Welding & Design complies with applicable Utah privacy laws, including the Utah Consumer Privacy Act (UCPA) where applicable.
Utah residents may request to:
Confirm whether we collect personal information
Access or correct personal information on file
Request deletion of non-essential information, subject to legal retention requirements
Requests may be submitted using the contact information below.
7. Safety Policy (Job Site & Operations)
Customer and worker safety is a priority.
Standard welding and fabrication safety procedures are followed
Appropriate protective equipment is used during all work
Customers and bystanders must maintain a safe distance from active work areas
We comply with applicable OSHA, Utah state, and local safety regulations
Customers are responsible for providing safe access to job sites and disclosing known hazards.
8. Information Retention
Customer information is retained only as long as reasonably necessary to:
Complete services
Meet accounting, tax, and legal obligations
Payment records are retained only as QuickBooks transaction summaries and invoices.
9. Policy Updates
This policy may be updated periodically. Changes will be effective upon posting with a revised effective date.
10. Contact Information
For questions regarding this Privacy & Safety Policy or your personal information, contact:
ericksen.elitemetal@gmail.com