1. Agreement and acceptance
These terms, together with the accepted estimate or proposal, approved drawings, specifications, written change orders, and invoice terms, form the agreement between the client and BEK Milling Solutions Inc. Approval by signature, electronic acceptance, written authorization, payment of a deposit, or instruction to begin work constitutes acceptance.
2. Estimates and project scope
Estimates are based on the information, files, dimensions, materials, finishes, quantities, access conditions, and schedule available when prepared. Work not expressly listed is excluded. Pricing may be revised if the scope, site conditions, engineering requirements, quantities, material costs, taxes, shipping, installation conditions, or client-provided information changes.
Unless otherwise stated, estimates expire 30 days after issuance.
3. Deposits and payment
The deposit and payment schedule stated in the estimate controls. Deposits reserve production capacity and fund design, labor, materials, tooling, and outside services. Once work begins or costs are committed, deposits are nonrefundable except as expressly stated in writing.
Invoices are due according to their stated terms. Final payment and any approved additional charges must be paid before pickup, delivery, installation, transfer of files, or release of the completed work. BEK may pause work for overdue balances, and resulting delays will extend the schedule.
4. Client responsibilities
The client must provide complete and accurate dimensions, reference files, intended use, installation environment, deadlines, access information, engineering criteria, and other requirements reasonably needed for the work. The client is responsible for reviewing submissions promptly and coordinating architects, engineers, installers, permitting authorities, property owners, and other parties not included in BEK’s written scope.
5. Approvals and change orders
Client approval of drawings, models, samples, colors, textures, dimensions, or progress stages authorizes BEK to proceed and procure materials. Changes requested after approval require written confirmation and may result in additional design, labor, material, tooling, shipping, or scheduling charges.
BEK is not responsible for errors that were visible in approved information or arose from inaccurate client-supplied files, dimensions, or instructions.
6. Schedule and delays
Production and delivery dates are good-faith estimates unless expressly guaranteed in writing. Schedules may change due to revisions, delayed approvals or payments, material availability, vendor performance, equipment interruption, weather, transportation, permitting, site readiness, force majeure, or circumstances outside BEK’s reasonable control. BEK will communicate material schedule changes when reasonably possible.
7. Custom fabrication and tolerances
BEK’s work is custom fabricated and may combine digital production with hand assembly and finishing. Minor variations in dimensions, seams, texture, color, gloss, pattern, surface character, and material behavior are inherent in these processes and are not defects when they remain within the approved design intent and reasonable fabrication tolerances.
Digital renders, photographs, samples, and screen colors are references. Lighting, scale, substrate, application method, and material batches can affect final appearance.
8. Engineering, installation, and intended use
Engineering, permitting, foundations, anchors, transportation, rigging, installation, electrical work, site restoration, and maintenance are included only when specifically listed. The client must disclose whether the work will be climbed on, occupied, moved, exposed to water, wind, heat, public interaction, or other special conditions.
The client may not use a prototype, mold, display piece, or decorative fabrication for structural, life-safety, load-bearing, food-contact, medical, or other regulated purposes unless that use was specifically included and approved in writing.
9. Delivery, pickup, inspection, and storage
Risk of loss transfers upon client pickup or delivery to the agreed location, except to the extent damage is caused by a carrier or installer retained directly by BEK. The client must inspect the work promptly and report visible damage or material nonconformity in writing before installation, modification, or use.
Completed work must be collected or scheduled for delivery when notified. Unless a different period is stated in writing, storage charges of $75 per day may begin after the communicated pickup deadline. BEK may withhold release while invoices and storage charges remain unpaid. Long-term unclaimed property will be handled only as permitted by applicable law.
10. Cancellations and refunds
Because projects are custom-made, completed work is not returnable and accepted custom orders are not eligible for ordinary refunds. If a client cancels before completion, the client remains responsible for work performed, materials ordered, noncancelable commitments, storage, and other costs incurred through the cancellation date. Any unused portion of collected funds will be determined after those amounts are applied.
11. Intellectual property and portfolio use
The client represents that it has the right to provide and authorize use of all artwork, models, trademarks, reference material, and other intellectual property supplied to BEK, and agrees to be responsible for third-party claims arising from unauthorized client-supplied content.
Unless the written scope states otherwise, the client retains ownership of its original artwork, while BEK retains ownership of its fabrication methods, production know-how, reusable processes, shop drawings, toolpaths, jigs, molds, tooling, and internal production files. Transfer of any mold, tooling, or digital production file must be expressly included in writing and fully paid.
Unless restricted by a written confidentiality agreement, BEK may photograph and identify completed work for its portfolio, website, social media, proposals, awards, and business promotion while reasonably crediting the artist or client when appropriate.
12. Warranty and corrective work
BEK warrants that its services will be performed in a professional manner consistent with the approved scope. Any specific product or finish warranty must be stated in the estimate or other written project document. BEK’s responsibility for a confirmed workmanship issue is limited, at its option, to reasonable repair, correction, replacement of the affected BEK work, or an appropriate credit.
Coverage does not include normal wear, expected material variation, misuse, impact, vandalism, improper handling or installation, movement of foundations or structures, environmental exposure beyond the disclosed conditions, lack of maintenance, unauthorized repair, or changes made by others.
13. Limitation of liability
To the maximum extent permitted by law, BEK will not be liable for indirect, incidental, special, exemplary, or consequential damages, including lost profits, lost opportunities, exhibition losses, or delay-related claims. BEK’s aggregate liability arising from a project will not exceed the amount actually paid to BEK for the specific work giving rise to the claim. Nothing in these terms excludes liability that cannot lawfully be limited.
14. Suspension and refusal of service
BEK may refuse or suspend work when requirements are unsafe, unlawful, technically unsuitable, outside the agreed scope, infringe third-party rights, or when payments, approvals, site conditions, or client cooperation are materially delayed. The client remains responsible for costs properly incurred before suspension or termination.
15. Governing law and disputes
The agreement is governed by the laws of the State of Florida, without regard to conflict-of-law principles. The parties agree to attempt good-faith informal resolution before filing a claim. Unless the accepted proposal states otherwise, any legal proceeding will be brought in a court of competent jurisdiction in Miami-Dade County, Florida.
16. General provisions
If any provision is held unenforceable, the remaining provisions continue in effect. A waiver on one occasion is not a continuing waiver. The client may not assign the agreement without BEK’s written consent. Headings are for convenience only.
BEK may update the website version of these terms prospectively. The version accepted with a project remains applicable to that project unless both parties agree otherwise in writing.
17. Contact
Questions about these terms may be sent to create@bekmilling.com or mailed to BEK Milling Solutions Inc., 5131 NW 159th Street, Miami Lakes, Florida 33014.