Terms of service

OVERVIEW

Welcome to Chouinard Manufacturing LLC! The terms "we", "us" and "our" refer to Chouinard Manufacturing LLC. Chouinard Manufacturing LLC operates this store and website, including all related information, content, features, tools, products and services in order to provide you, the customer, with our products and services (the "Services"). Chouinard Manufacturing LLC is powered by Shopify, which enables us to provide the Services to you.

The below terms and conditions, together with any policies referenced herein (these "Terms of Service" or "Terms") describe your rights and responsibilities when you use the Services.

Please read these Terms of Service carefully, as they include important information about your legal rights and cover areas such as warranty disclaimers and limitations of liability.

By visiting, interacting with or using our Services, you agree to be bound by these Terms of Service and our Privacy Policy. If you do not agree to these Terms of Service or Privacy Policy, you should not use or access our Services.

SECTION 1 - ACCESS AND ACCOUNT

By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence, and you have given us your consent to allow any of your minor dependents to use the Services on devices you own, purchase or manage.

To use the Services, including accessing or browsing our online stores or purchasing any of the products or services we offer, you may be asked to provide certain information, such as your email address, billing, payment, and shipping information. You represent and warrant that all the information you provide in our stores is correct, current and complete and that you have all rights necessary to provide this information.

You are solely responsible for maintaining the security of your account credentials and for all of your account activity. You may not transfer, sell, assign, or license your account to any other person.

SECTION 2 - OUR PRODUCTS AND SERVICES

We have made every effort to provide an accurate representation of our products and services in our online stores. However, colors, wood grain, material appearance, finishes, engraving, printing, and other characteristics may vary from photographs, digital renderings, samples, or how they appear on your screen.

Many of our products and services are custom manufactured. Natural materials, including wood and bamboo, may have variations in color, grain, texture, dimensions, and appearance. Manufactured sheet goods and other materials may also have normal manufacturing tolerances. Reasonable variations are not considered defects.

Unless otherwise agreed to in writing, dimensions, tolerances, material specifications, finishes, machining methods, and other production requirements will be based on the drawings, files, specifications, quotes, proofs, samples, or other information approved or supplied by the customer.

We reserve the right to modify or discontinue products or services at any time. Availability, production capacity, lead times, materials, and minimum order quantities may vary.

Samples, prototypes, digital renderings, proofs, drawings, or photographs are intended to assist with approval and may not perfectly represent the appearance of the final manufactured product.

SECTION 3 - ORDERS, QUOTES, AND CUSTOM WORK

When you place an order, approve a quote, authorize production, submit payment or a required deposit, or otherwise instruct Chouinard Manufacturing LLC to begin work, you are making an offer to purchase the applicable products or services.

Chouinard Manufacturing LLC reserves the right to accept or decline an order or project at its discretion. An order or project is not accepted until we confirm acceptance or begin performance of the work.

For custom manufacturing, CNC routing, laser engraving, edgebanding, fabrication, design work, contract manufacturing, wholesale orders, or other custom services, the applicable quote, estimate, invoice, purchase order, written approval, or project-specific agreement may contain additional terms. If there is a conflict between these Terms of Service and a written project-specific agreement accepted by Chouinard Manufacturing LLC, the project-specific agreement will control for that project.

CUSTOMER APPROVAL

Customers are responsible for reviewing and approving all applicable drawings, dimensions, artwork, files, materials, quantities, finishes, proofs, specifications, and other project details before production.

Once a customer approves a design, drawing, proof, specification, sample, or production file, Chouinard Manufacturing LLC may rely upon that approval when manufacturing the order.

Changes requested after approval or after production has started may result in additional design, programming, material, setup, machining, labor, or other charges and may affect the estimated completion date.

DEPOSITS AND PAYMENT

Certain custom projects may require a deposit before materials are ordered, design work begins, or production is scheduled. The required deposit and payment schedule will be stated on the applicable quote, estimate, invoice, or agreement.

Unless otherwise stated in writing, amounts paid toward custom products, materials ordered specifically for a customer, completed design or programming work, and work already performed may be non-refundable if the customer cancels or changes the project.

Any remaining balance must be paid according to the terms stated on the applicable invoice, quote, estimate, or agreement.

CANCELLATIONS

Because many of our products and services are made specifically for individual customers, cancellation requests are not guaranteed.

If a project is canceled after materials have been purchased, design or programming has been completed, production has begun, or other costs have been incurred, the customer may be responsible for those costs and for work completed through the date of cancellation.

COMMERCIAL AND WHOLESALE PURCHASES

Our products and services may be purchased for personal use, business use, commercial use, incorporation into other products, wholesale distribution, or resale where permitted.

Customers purchasing for resale or claiming a sales-tax exemption are responsible for providing valid and current exemption or resale documentation when required.

Purchases remain subject to our Refund Policy.

SECTION 4 - PRICES AND BILLING

Prices, hourly rates, minimum charges, setup charges, design charges, machining charges, material costs, shipping charges, discounts, and promotions are subject to change unless otherwise stated in an accepted written quote or agreement.

For custom projects, quoted pricing is based on the information, quantities, specifications, drawings, files, materials, and scope available when the quote is prepared. Changes to the scope, quantities, files, materials, specifications, or customer requirements may require revised pricing.

Unless expressly stated otherwise, prices do not include applicable sales tax, shipping, freight, delivery, customs duties, import charges, special packaging, or other third-party charges.

Customers agree to provide current, complete, and accurate billing, payment, tax-exemption, shipping, and account information.

If a customer claims exemption from sales tax, the customer is responsible for supplying any documentation required to support that exemption. If valid documentation is not provided, Chouinard Manufacturing LLC may collect applicable taxes.

You represent and warrant that any credit card or payment information you provide is true, correct, and complete, that you are authorized to use the payment method, and that all charges incurred will be honored by the applicable financial institution or payment provider.

SECTION 5 - SHIPPING, DELIVERY, PICKUP, AND LEAD TIMES

Production dates, completion dates, shipping dates, transit times, and delivery dates are estimates unless Chouinard Manufacturing LLC specifically agrees otherwise in writing.

We are not responsible for delays caused by shipping carriers, freight companies, suppliers, material shortages, equipment failure, utility interruption, weather, acts of government, labor disruptions, customer changes, delayed approvals, events outside our reasonable control, or other circumstances that affect production or delivery.

Customers are responsible for inspecting shipments and products promptly after receipt and notifying Chouinard Manufacturing LLC of any apparent shipping damage, shortage, or order discrepancy as soon as reasonably possible.

For orders picked up by the customer or the customer's carrier, responsibility for the products transfers when the products are released for pickup, except to the extent otherwise required by applicable law or agreed in writing.

For shipped orders, risk of loss transfers as provided by applicable law and the shipping terms agreed for the applicable order.

Additional storage, handling, redelivery, or freight charges resulting from a customer's failure to accept or retrieve completed products may be charged to the customer when reasonable.

SECTION 6 - INTELLECTUAL PROPERTY AND CUSTOMER-SUPPLIED FILES

Our Services, including but not limited to all trademarks, brands, text, displays, images, graphics, product reviews, video, audio, website design, and the design, selection, and arrangement thereof, are owned by Chouinard Manufacturing LLC, its affiliates, or licensors and are protected by U.S. and foreign patent, copyright, trademark, and other intellectual property laws.

These Terms permit you to use the Services for lawful purposes. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit protected material from the Services without our prior written consent, except as permitted by law.

These Terms do not transfer ownership of Chouinard Manufacturing LLC's pre-existing intellectual property, manufacturing methods, processes, tooling concepts, production knowledge, templates, software, programming methods, or other proprietary materials unless expressly agreed otherwise in writing.

Chouinard Manufacturing LLC's names, logos, product and service names, designs, and slogans are trademarks or intellectual property of Chouinard Manufacturing LLC or its affiliates or licensors and may not be used without prior written permission.

CUSTOMER-SUPPLIED CONTENT

Customers may provide drawings, CAD files, CNC files, artwork, logos, photographs, specifications, trademarks, designs, or other materials for manufacturing or other services.

By providing such materials, the customer represents and warrants that the customer owns the materials or has all rights and permissions necessary for Chouinard Manufacturing LLC to use them for the requested work.

The customer authorizes Chouinard Manufacturing LLC to reproduce, modify, convert, program, machine, engrave, print, fabricate, or otherwise use customer-supplied materials as reasonably necessary to perform the requested services.

Chouinard Manufacturing LLC is not responsible for determining whether customer-supplied designs, files, trademarks, artwork, or other materials infringe the intellectual-property rights of another person or entity.

Unless otherwise agreed in writing, providing customer files to Chouinard Manufacturing LLC does not transfer ownership of those customer files to Chouinard Manufacturing LLC.

Project-specific intellectual-property ownership may also be addressed in a separate written agreement between Chouinard Manufacturing LLC and the customer.

SECTION 7 - OPTIONAL TOOLS

You may be provided with access to customer tools offered by third parties as part of the Services, which we neither monitor nor have any control nor input.

You acknowledge and agree that we provide access to such tools "as is" and "as available" without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.

Any use by you of the optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider or providers.

We may also, in the future, offer new features through the Services, including the release of new tools and resources. Such new features shall also be deemed part of the Services and are subject to these Terms of Service.

SECTION 8 - THIRD-PARTY LINKS

The Services may contain materials and hyperlinks to websites provided or operated by third parties, including embedded third-party functionality. We are not responsible for examining or evaluating the content or accuracy of any third-party materials or websites you choose to access. If you decide to leave the Services to access these materials or third-party sites, you do so at your own risk.

We are not liable for any harm or damages related to your access of any third-party websites, or your purchase or use of any products, services, resources, or content on any third-party websites.

Please review carefully the third party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products and services should be directed to the applicable third party.

SECTION 9 - RELATIONSHIP WITH SHOPIFY

Chouinard Manufacturing LLC is powered by Shopify, which enables us to provide the Services to you. However, any sales and purchases you make in our Store are made directly with Chouinard Manufacturing LLC.

By using the Services, you acknowledge and agree that Shopify is not responsible for any aspect of any sales between you and Chouinard Manufacturing LLC, including any injury, damage, or loss resulting from purchased products and services.

You hereby expressly release Shopify and its affiliates from all claims, damages, and liabilities arising from or related to your purchases and transactions with Chouinard Manufacturing LLC.

SECTION 10 - PRIVACY POLICY

All personal information we collect through the Services is subject to our Privacy Policy.

Because the Services are hosted by Shopify, Shopify may collect and process personal information relating to access to and use of the Services in order to provide and improve the Services. Certain personal information may also be subject to Shopify's Privacy Policy.

Information submitted through the Services may be transmitted to Shopify and other service providers as necessary to operate our website, process payments, communicate with customers, fulfill orders, provide requested services, and perform other legitimate business functions.

Please review our Privacy Policy for additional information regarding how personal information is collected, used, disclosed, and protected.

SECTION 11 - FEEDBACK

If you submit, upload, post, email, or otherwise transmit any ideas, suggestions, feedback, reviews, proposals, plans, or other content, collectively referred to as "Feedback," you grant us a perpetual, worldwide, sublicensable, royalty-free license to use, reproduce, modify, publish, distribute and display such Feedback in any medium for any purpose, including commercial use.

You represent and warrant that you own or have all necessary rights to all Feedback, that you have disclosed any compensation or incentives received in connection with your submission of Feedback, and that your Feedback complies with these Terms.

We are under no obligation to maintain your Feedback in confidence, pay compensation for your Feedback, or respond to your Feedback.

We may monitor, edit or remove Feedback that we determine in our discretion to be unlawful, offensive, threatening, libelous, defamatory, obscene, otherwise objectionable, or in violation of intellectual property rights or these Terms.

You are solely responsible for any Feedback you submit and its accuracy.

SECTION 12 - ERRORS, INACCURACIES AND OMISSIONS

Occasionally there may be information on or in the Services that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, service descriptions, pricing, promotions, offers, product shipping charges, transit times, production times, or availability.

We reserve the right to correct any errors, inaccuracies or omissions and to change or update information or cancel orders if any information is inaccurate at any time without prior notice, including after you have submitted an order.

SECTION 13 - PROHIBITED USES

You may access and use the Services for lawful purposes only.

You may not access or use the Services directly or indirectly for any unlawful or malicious purpose; to violate applicable laws or regulations; to infringe upon or violate our intellectual property rights or the rights of others; to harass, abuse, defame, intimidate, or harm another person; to transmit false or misleading information; to send spam or unsolicited communications; to impersonate another person or entity; or to engage in conduct that restricts or inhibits another person's use of the Services.

You may not upload or transmit viruses or malicious code, reproduce or exploit portions of the Services without authorization, improperly collect personal information, interfere with security measures, bypass access controls, or engage in unauthorized scraping, automated access, or similar activities.

We reserve the right to suspend, disable, or terminate access to the Services if we determine that these Terms have been violated.

SECTION 14 - AGENTS

This section applies if you use, allow, enable, or cause the deployment of an automated or semi-automated software agent to access, use, or interact with the Services.

An Agent means software or a service that takes autonomous or semi-autonomous action on behalf of a person or entity.

No Agent may access, use, or interact with the Services if we have requested that the Agent refrain from doing so.

We may limit, including through technical measures, whether and how an Agent accesses, uses, or interacts with the Services.

Agents must accurately identify themselves when interacting with the Services and may not conceal automated access, circumvent CAPTCHAs, bypass restrictions, or evade technical measures designed to control automated access.

SECTION 15 - TERMINATION

We may terminate this agreement or your access to the Services, or any part thereof, in our discretion as permitted by applicable law, and you will remain liable for all amounts due up to and including the date of termination.

Any provisions that by their nature should survive termination will continue to apply following termination, including provisions relating to intellectual property, payment obligations, warranties, limitations of liability, indemnification, governing law, and privacy.

SECTION 16 - DISCLAIMER OF WARRANTIES

The information presented on or through the Services is made available for general information purposes. We do not warrant the accuracy, completeness, or usefulness of this information.

Any reliance you place on such information is at your own risk.

EXCEPT AS EXPRESSLY STATED BY CHOUINARD MANUFACTURING LLC OR REQUIRED BY APPLICABLE LAW, THE SERVICES AND PRODUCTS OFFERED THROUGH THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT REPRESENTATIONS, WARRANTIES, OR CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED.

WE DO NOT GUARANTEE THAT USE OF THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE.

SOME JURISDICTIONS LIMIT OR DO NOT ALLOW CERTAIN WARRANTY DISCLAIMERS, SO SOME OF THE ABOVE DISCLAIMERS MAY NOT APPLY TO YOU.

SECTION 17 - LIMITATION OF LIABILITY

TO THE FULLEST EXTENT PERMITTED BY LAW, CHOUINARD MANUFACTURING LLC AND ITS PARTNERS, DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, SERVICE PROVIDERS, AND LICENSORS, AND SHOPIFY AND ITS AFFILIATES, SHALL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOST REVENUE, LOST SAVINGS, LOSS OF DATA, OR REPLACEMENT COSTS, ARISING FROM USE OF THE SERVICES OR PRODUCTS PURCHASED THROUGH THE SERVICES, EXCEPT TO THE EXTENT SUCH LIABILITY CANNOT BE LIMITED UNDER APPLICABLE LAW.

SECTION 18 - INDEMNIFICATION

You agree to indemnify, defend and hold harmless Chouinard Manufacturing LLC, Shopify, and our affiliates, partners, officers, directors, employees, agents, contractors, licensors, and service providers from losses, damages, liabilities or claims, including reasonable attorneys' fees, payable to a third party due to or arising out of your breach of these Terms, your violation of law or the rights of another person or entity, or your access to and use of the Services.

This includes claims relating to customer-supplied artwork, designs, CAD files, trademarks, logos, specifications, or other materials that you did not have the legal right to provide or authorize us to use.

SECTION 19 - SEVERABILITY

If any provision of these Terms of Service is determined to be unlawful, void, or unenforceable, that provision will be enforceable to the fullest extent permitted by applicable law and the unenforceable portion will be deemed severed from these Terms.

Such determination will not affect the validity and enforceability of any remaining provisions.

SECTION 20 - WAIVER; ENTIRE AGREEMENT

Our failure to exercise or enforce any right or provision of these Terms does not constitute a waiver of that right or provision.

These Terms of Service and any policies, quotes, agreements, invoices, or operating rules incorporated by reference constitute the agreement governing your use of the Services, subject to any project-specific agreement between you and Chouinard Manufacturing LLC.

Any ambiguities in interpretation will be handled in accordance with applicable law.

SECTION 21 - ASSIGNMENT

You may not delegate, transfer or assign this agreement or your rights or obligations under these Terms without our prior written consent, and any unauthorized attempt may be void.

We may transfer, assign or delegate these Terms and our rights and obligations as permitted by applicable law.

SECTION 22 - GOVERNING LAW

These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with applicable federal law and the laws of the State of Michigan.

To the extent permitted by law, you and Chouinard Manufacturing LLC consent to jurisdiction and venue in courts located in Michigan.

SECTION 23 - HEADINGS

The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.

SECTION 24 - CHANGES TO TERMS OF SERVICE

You can review the most current version of these Terms of Service at any time on this page.

We reserve the right, in our discretion, to update, change, or replace any portion of these Terms by posting updates or changes to our website.

We will provide notice of material changes when required by applicable law.

Your continued use of or access to the Services after changes become effective constitutes acceptance of the updated Terms to the extent permitted by law.

SECTION 25 - CONTACT INFORMATION

Questions about these Terms of Service should be sent to:

Chouinard Manufacturing LLC

Email:
admin@chouinardmanufacturing.com

Business Address:
760 McPherson Park Drive, Suite 103
Howell, MI 48843

Phone:
(517) 518-8046

Business Registration:
Chouinard Manufacturing LLC is a Michigan limited liability company.

VAT Number:
Not applicable.