Terms of Service

Acceptance of These Terms

By accessing the website, submitting an enquiry or entering into a project with KGS Custom Building LLC, you confirm that you have read, understood and agreed to be bound by these terms. These terms apply in addition to any written quotation, proposal or project agreement that we issue. Where a signed project agreement conflicts with these terms, the project agreement takes precedence for the matters it covers.

We may ask you to confirm your acceptance of a specific proposal before work begins. Your acceptance may be given in writing, by electronic message or by continuing to instruct us after receiving the terms, and each of these methods is sufficient to create a binding arrangement.

Definitions

In these terms, the words we, us and our refer to KGS Custom Building LLC. The words you and your refer to the person or organisation using the website or engaging our services. The word services refers to the design, fabrication, installation and related work that we provide, including integration racks, control cabinets, machine enclosures and installation woodwork. The word website refers to the pages published at https://www.kgscustombuild.autos and any successor address. The word deliverables refers to the items that we produce for you, including drawings, plans, cabinets, racks, enclosures and finished woodwork.

Headings are included for convenience only and do not affect the meaning of these terms. Words in the singular include the plural and the reverse applies, unless the context requires otherwise.

Eligibility and Use

The website is intended for use by businesses and adults. You should not use the website or engage our services if you are unable to enter into a binding agreement or if doing so would breach any law that applies to you. You agree to use the website lawfully and not to interfere with its operation or the security of any information that it holds.

You are responsible for the accuracy of the information that you provide to us. Where you provide information on behalf of a company or another person, you confirm that you are authorised to do so.

Our Services

KGS Custom Building LLC designs and hand-fits custom systems for studios, offices and industrial floors. Our services include custom integration racks, tailored control cabinets, bespoke machine enclosures, installation woodwork, site survey and fit planning, and finish and hardware packages. Each service is delivered by hand from our workshop in Cedar City, Utah.

The description of services on the website is provided as general information. It does not constitute a binding offer, and the exact scope of any project is determined by the written proposal that we prepare after a survey and any discussion with you.

Quotations and Estimates

Quotations are prepared in good faith on the basis of the information available at the time. Where we provide an estimate rather than a fixed price, the final amount may vary as the scope becomes clear. A quotation remains valid for the period stated in it, or for thirty days if no period is stated.

A quotation does not become a binding contract until it is accepted by you and confirmed by us. We may decline a project or withdraw a quotation before acceptance where a survey reveals conditions that make the work unsafe, uneconomic or outside our capability.

Scheduling and Access

Project dates are agreed in advance and may depend on the availability of materials and the readiness of the site. We will keep you informed of the schedule and will give reasonable notice of any change that we need to make. You agree to provide safe and timely access to the site for surveys, installation and collection of information.

Where a delay is caused by the site being unprepared, by access being withheld, or by a decision that is awaiting your approval, the schedule may be extended and additional charges may apply. We will discuss any such charge with you before it is incurred.

Client Responsibilities

You agree to provide accurate measurements, equipment specifications and site information, to identify any hazards or restrictions that may affect the work, and to obtain any permission that is required for us to operate on the site. Where the work involves existing installations, you confirm that you have the authority to allow us to modify them.

You also agree to remove or protect any personal property that may be at risk during the work, and to ensure that utilities can be isolated where required. We will take reasonable care, but we are not responsible for damage to items that were not identified or protected.

Changes and Variations

If you wish to change the scope of a project, please contact us so that we can assess the effect on cost and schedule. A change becomes effective only when it has been agreed in writing, and it may result in an amended quotation. We will not proceed with a variation that we believe is unsafe or that falls outside our capability.

Where a change requires material that has already been ordered or work that has already been carried out, you may be responsible for the related cost. We will be transparent about any such cost before the change is confirmed.

Payment Terms

Unless otherwise agreed, a deposit is payable before work begins, with the balance payable on completion. Larger projects may be invoiced in stages as agreed in the proposal. Invoices are payable within the period stated on the invoice, which is ordinarily fourteen days from the date of issue.

We reserve the right to charge interest on overdue amounts at a reasonable rate permitted by law. Where payment is not made when due, we may suspend work and withhold deliverables until the account is settled. All prices are stated in the currency shown on the quotation and may be subject to applicable taxes.

Materials and Tolerances

Wood and other natural materials vary in grain, colour and character. We select and prepare materials with care, but small variations between pieces are a normal and expected feature of hand-built work rather than a defect. Where a project requires a close colour match, we will discuss the available options with you.

We work to accepted tolerances for fitted joinery and systems installation. Where a specification calls for a tighter tolerance than is customary, we will confirm in writing whether we can achieve it before we begin.

Intellectual Property

Unless otherwise agreed in writing, the designs, drawings, plans and other materials that we create remain the intellectual property of KGS Custom Building LLC. You receive a licence to use the deliverables for the purpose for which they were created, but you may not reproduce, resell or distribute our designs without our written permission.

The content of the website, including text, layout and graphics, is protected by copyright and other rights. You may view and print pages for your own reference, but you may not copy or reuse the content for commercial purposes without permission.

Confidentiality

Each party agrees to keep confidential any information that the other party marks as confidential or that is reasonably understood to be sensitive. This includes project plans, security arrangements, equipment details and commercial terms. Confidential information may be disclosed where required by law or to professional advisers who are bound by duties of confidence.

These obligations survive the completion or termination of a project for a reasonable period. They do not apply to information that is already public, that is independently developed, or that is received lawfully from a third party without restriction.

Warranties and Remedies

We warrant that our work will be carried out with reasonable care and skill and that the deliverables will materially conform to the agreed specification. If a defect appears within the warranty period stated in the proposal, please notify us promptly. We will investigate and, where the defect is due to our workmanship or materials, we will repair or replace the affected part at no additional charge.

The warranty does not cover damage caused by misuse, neglect, unauthorised modification, normal wear, or the failure of equipment that we did not supply. Except as stated in these terms or required by law, we give no other warranties, whether express or implied.

Limitation of Liability

To the fullest extent permitted by law, KGS Custom Building LLC is not liable for indirect, incidental, special or consequential loss, including loss of profit, loss of data or loss of business opportunity. Our total liability in connection with a project is limited to the amount that you have paid to us for that project.

Nothing in these terms excludes or limits liability that cannot be excluded or limited by law, including liability for death or personal injury caused by negligence. Some jurisdictions do not allow certain limitations, so parts of this section may not apply to you.

Indemnity

You agree to indemnify and hold harmless KGS Custom Building LLC against claims, losses and reasonable costs that arise from your breach of these terms, your failure to provide accurate information, or your failure to obtain a permission that is required for the work. This indemnity does not apply where the loss is caused by our own negligence or wilful misconduct.

We agree to indemnify you against claims that the workmanship we supply infringes the intellectual property rights of a third party, provided that we are notified promptly and are given the opportunity to respond.

Termination

Either party may terminate a project by written notice if the other party commits a material breach that is not remedied within a reasonable period after notice, or if the other party becomes unable to pay its debts. We may also suspend work where payment is overdue or where continuing would be unsafe.

On termination, you remain responsible for the cost of work carried out and materials ordered up to the date of termination. We will return or make available any of your property that we hold, and we will provide a written account of the work completed and the amounts due.

Force Majeure

Neither party is liable for a failure or delay in performance caused by an event beyond its reasonable control. Such events include natural disasters, severe weather, fire, war, civil disturbance, industrial action, failure of utilities, government action and the unexpected unavailability of key materials.

Where a force majeure event continues for a prolonged period, either party may terminate the affected work by written notice. The affected party will use reasonable efforts to notify the other and to reduce the impact of the event wherever possible.

Acceptable Website Conduct

You agree not to misuse the website. This includes attempting to gain unauthorised access, introducing malicious code, scraping content in a manner that disrupts the service, or using the website in a way that could damage its reputation or that of KGS Custom Building LLC.

We reserve the right to restrict access to the website where we believe that these terms have been breached. We do not guarantee that the website will be available at all times, and we may suspend it for maintenance or improvement without notice.

Third Party Materials

A project may include equipment, components or materials supplied by third parties. Where we supply such items, we pass on any manufacturer warranty to the extent that we are able, and we are not responsible for defects that are attributable to the manufacturer. Where you supply items, you confirm that they are suitable for the intended use and that they are lawfully supplied.

The website may link to third party resources. We provide those links for convenience and are not responsible for the content, availability or practices of the linked resources.

Governing Law and Disputes

These terms are governed by the laws of the state of Utah and the applicable laws of the United States. If a dispute arises, the parties agree to first attempt to resolve it through good faith discussion. If that fails, the dispute may be brought before a court of competent jurisdiction sitting in Utah, unless the parties agree in writing to another forum.

Nothing in this section prevents a party from seeking urgent relief where it is necessary to protect its rights or property. Each party is responsible for its own costs of any dispute, except where a court orders otherwise.

Workmanship and Materials

All custom integration racks, tailored control cabinets, bespoke machine enclosures and installation woodwork supplied under these terms are produced with workmanship appropriate to the trade. Materials are selected to suit the agreed purpose, and components are fitted by hand where the design calls for it. KGS Custom Building LLC records the specification of each build before work begins so that both parties share the same understanding of what will be delivered.

Where a client supplies materials or components for inclusion in a build, those items are handled with the same care as items sourced by the workshop, but their fitness for the intended purpose remains the responsibility of the supplier. If a supplied item proves unsuitable during the build, the workshop will report the issue and agree on a substitute before proceeding.

Small variations in grain, tone and surface are natural in hand-fitted work and are not treated as defects. The standard of acceptance is the agreed specification read together with the sample finishes approved before production.

Care and Aftercare

Each build leaves the workshop with care guidance covering cleaning, load limits, humidity ranges and hardware adjustment. Following that guidance keeps finishes and fittings in service for their expected life. KGS Custom Building LLC can schedule a follow-up visit after installation to check joints, fastenings and moving parts, and to make small adjustments before they become repairs.

Aftercare visits do not form part of the base price unless the order says so. Clients who wish to arrange periodic checks can add a care schedule to their order at any time. Requests for aftercare should be sent to contact@kgscustombuild.autos with the original order reference so the workshop can prepare the right parts and finish stock before arriving.

Changes to These Terms

We may update these terms from time to time to reflect changes in our practices or in applicable law. The version that applies to a project is the version in force at the time the project is agreed, unless the parties agree otherwise in writing. The updated terms will be posted on the website with an indication of the date of the change.

Your continued use of the website after updated terms take effect indicates that you accept the updated terms. If you do not accept them, you should stop using the website and raise your concerns with us directly.

How to Contact Us

If you have questions about these terms or about a project, please contact KGS Custom Building LLC using the details below.

Postal address: KGS Custom Building LLC, 1171 S 4425 W, Cedar City - 84720-6254, United States (US).

Email: contact@kgscustombuild.autos. Telephone: +13468510613.

These terms were prepared for KGS Custom Building LLC by KGS Custom Build and apply to the website at https://www.kgscustombuild.autos.