00 / Legal
Terms of Service and Shipping Policy
This page sets the terms for using the Gabel Metalworks website and purchasing our products. It applies to all buyers, including contractors, original equipment manufacturers (“OEMs”), distributors, and other purchasers (“Buyer,” “you,” or “your”).
1. Acceptance of Terms
By accessing or purchasing from gabelmetalworks.com (the “Site”), you agree to be bound by these Terms of Service and Shipping Policy (these “Terms”). If you do not agree to these Terms, please do not access or use the Site or purchase any products from Gabel Metalworks (“Seller,” “we,” “us,” or “our”).
Your use of the Site is also governed by our Privacy Policy, Shipping Policy, and Return Policy, each of which is incorporated herein by reference.
2. Intellectual Property
All content on this Site, including text, graphics, logos, images, and the Gabel Metalworks name and marks, is the property of Gabel Metalworks or its licensors and is protected by U.S. and international copyright and trademark laws.
Gabel Metalworks® and the Gabel Metalworks logo are trademarks of Gabel Metalworks. Use of these marks without prior written permission is prohibited.
You may not copy, reproduce, republish, distribute, scrape, or create derivative works from any content on this Site without our prior written consent, except for personal, non-commercial use.
We grant you a limited, non-exclusive, non-transferable license to access and use the Site for personal, non-commercial purposes, subject to these Terms.
3. Quotations and Orders
Written quotations issued by Seller for articles not purchased directly from the Site are valid for ten (10) business days from the date issued unless otherwise stated. All orders are subject to acceptance by Seller and to product availability; Seller may accept, reject, or modify (subject to Buyer’s acceptance) any order in its sole discretion, including after submission through the Site. No order is binding on Seller until confirmed in writing (including by email).
4. Pricing, Payment, and Taxes
Prices listed on the Site are in U.S. Dollars and do not include applicable sales, use, or similar taxes, duties, or shipping and handling charges unless expressly stated otherwise. Prices are subject to change without notice prior to order confirmation, and confirmed prices may be adjusted to reflect material, freight, or tariff increases beyond our reasonable control, with notice to Buyer.
Full payment (or an approved deposit or credit arrangement) is required before production or shipment begins, unless otherwise agreed in writing. Invoiced amounts not paid within thirty (30) days of the invoice date accrue interest at 1.5% per month, or the maximum rate permitted by law if lower, and Buyer is responsible for reasonable costs of collection, including attorneys’ fees.
Buyer is responsible for all sales, use, excise, and similar taxes associated with its purchase. If Buyer claims an exemption from tax Buyer must provide Seller with a valid, properly completed exemption or resale certificate (such as California Form CDTFA-230) before the order ships. Seller will not apply a tax exemption retroactively and is not responsible for a Buyer’s failure to provide a valid certificate.
5. Custom Orders; Cancellations
Many Gabel Metalworks products are manufactured to Buyer’s specifications. Once production has begun on a custom or made-to-order item, that order cannot be cancelled and the goods are not returnable, except as provided under Section 10 (Limited Warranty). Orders for standard, non-custom products may be cancelled prior to shipment only with Seller’s written consent and may be subject to a reasonable restocking fee.
6. Title and Risk of Loss
Risk of loss passes to Buyer upon delivery of the goods to the carrier. Notwithstanding such delivery, title to the goods remains with Seller, and Seller retains a security interest in the goods, until Seller has received payment in full.
7. Shipping and Delivery
Delivery timelines provided by Seller are good faith estimates only and depend on carrier availability, production schedules, and on other factors outside our control; they are not guaranteed delivery dates, and Seller is not liable for delays. Unless otherwise agreed in writing, shipments are made F.O.B. Seller’s facility.
8. Inspection; Claims for Defects or Shipping Damage
Buyer must inspect all goods promptly upon delivery. Any claim for shortage, visible damage, or nonconformity must be reported to Seller in writing, with supporting documentation (such as photographs), within ten (10) business days of delivery. Claims not made within this period are waived, and the goods will be deemed accepted.
9. Product Specifications and Tolerances
Unless the parties agree in writing to tighter tolerances, goods are manufactured to meet applicable industry standards (such as ASTM or ASME standards, as applicable) and standard industry tolerances for the process(es) and material used. Minor variations within these tolerances are not defects and do not entitle Buyer to reject the goods or claim a breach of warranty.
10. Limited Warranty
Seller warrants that, for a period of one (1) year from the date of delivery, the goods will be free from defects in material and workmanship under normal use, subject to the tolerances described in Section 9. This warranty does not cover damage caused by improper installation, alteration, misuse, normal wear and tear, or defects resulting from failure to follow Seller’s specifications. Buyer’s sole and exclusive remedy, and Seller’s sole obligation, for a breach of this warranty is, at Seller’s option, repair, replacement, or a refund of the purchase price for the nonconforming goods, provided Buyer notifies Seller of the claimed defect within the warranty period and, if requested, returns the goods in accordance with Seller’s instructions.
EXCEPT AS EXPRESSLY STATED IN THIS SECTION, SELLER MAKES NO OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
11. Limitation of Liability
TO THE FULLEST EXTENT PERMITTED BY LAW, GABEL METALWORKS IS NOT LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES ARISING OUT OF OR RELATED TO THE USE OF OUR WEBSITE OR PRODUCTS, UNLESS WE HAVE OTHERWISE AGREED IN WRITING. WITHOUT LIMITING THE EFFECTIVENESS OR INCLUSIVENESS OF THE FOREGOING, SELLER’S TOTAL AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO ANY ORDER WILL NOT EXCEED THE AMOUNT PAID BY BUYER FOR THE PRODUCT GIVING RISE TO THE CLAIM.
12. Indemnification
Buyer agrees to indemnify, defend, and hold harmless Gabel Metalworks and its officers, employees, and agents from and against any claims, damages, losses, and expenses (including reasonable attorneys’ fees) arising out of or related to Buyer’s use, installation, resale, or specification of the goods, except to the extent caused by Seller’s negligence or willful misconduct.
13. Force Majeure
Seller is not liable for any delay or failure to perform resulting from causes beyond its reasonable control, including acts of God, natural disasters, labor disputes, material or supply shortages, transportation disruptions, governmental action, or other similar events.
14. Compliance with Laws
Buyer is responsible for ensuring that its use, installation, and resale of the goods comply with all applicable laws, codes, and regulations, including building codes and export control laws, as applicable to Buyer’s business.
15. Governing Law and Dispute Resolution
These Terms are governed by the laws of the State of California, without regard to its conflict-of-laws principles. Any dispute arising out of or related to these Terms or a purchase and/or shipment will be resolved exclusively in the state or federal courts located in Los Angeles County, California, and the parties consent to the jurisdiction and venue of those courts.
16. Entire Agreement; Modifications
These Terms, together with any written order confirmation issued by Seller, constitute the entire agreement between the parties regarding their subject matter and supersede any prior or contemporaneous communications, including any terms contained in Buyer’s purchase order. We may update these Terms at any time by posting a revised version on the Site; continued use of the Site, or submission of an order, after changes are posted constitutes acceptance of the revised Terms. No other modification to these Terms is effective unless made in writing and signed by an authorized representative of Seller.
17. Contact
Questions about these Terms may be directed to sales@gabelmetalworks.com.
Last updated: August 28, 2026.