BOCO Custom – Terms & Conditions for Custom Projects
1. Estimates, Pricing Validity & Orders
- Price Validity: Quoted prices are valid for seven (7) calendar days from the date of the estimate. Prices are subject to change after seven days.
- Payment Terms: Payment is due in full prior to the commencement of production, unless explicitly agreed upon in writing by BOCO Custom.
- Final Sale / Non-Refundable: Due to the custom and bespoke nature of custom manufacturing, all sales are final once production begins. No returns, refunds, or exchanges will be accepted.
2. Client Approval & Production Sign-Off
- Written Sign-Off Required: Production will not begin until the Customer provides explicit written sign-off (via signature or confirmed email) on final prototype units, CAD files, or technical drawings.
- Design Changes: Any modifications, design revisions, or change orders requested by the Customer after written sign-off will incur additional engineering, labor, and material fees, and will automatically adjust and extend the production timeline.
3. Custom Manufacturing & Guidance
BOCO Custom manufactures products strictly according to Customer-provided or Customer-approved specifications.
- While BOCO Custom provides design guidance, material recommendations, and manufacturing expertise, the Customer retains sole responsibility for verifying the final design, specifications, dimensions, and product suitability for their intended application.
- BOCO Custom makes no guarantees regarding performance, merchantability, or fitness for a particular purpose beyond manufacturing to the mutually agreed-upon specifications.
4. Prototype Units (Research & Development Use Only)
To mitigate design risks and evaluate manufacturing feasibility, projects may include a prototype phase.
- R&D Purpose Only: Prototype units are manufactured strictly for Research & Development (R&D), testing, design evaluation, and process refinement. Prototypes are not certified, rated, or intended for commercial resale, operational deployment, or end-use safety applications.
- Destructive Testing & Modification: Prototype units may undergo iterative testing, modification, stress testing, disassembly, rebuilding, and potential destruction. BOCO Custom is not liable for structural, functional, or cosmetic damage incurred by a prototype unit during the development and testing cycle.
- Shared R&D Use: Prototype units may be tested, analyzed, and evaluated by both BOCO Custom and the Customer to identify failure points, evaluate structural integrity, and optimize product design.
- Ownership & Physical Custody: The Customer owns all prototype units paid for in full. However, BOCO Custom reserves the right to retain physical custody of prototype units during the full production run as a standard quality-control reference and manufacturing baseline.
5. Intellectual Property (IP) Rights
- Customer IP: Customer retains ownership of all pre-existing intellectual property, designs, drawings, and trade secrets provided to BOCO Custom.
- BOCO Custom IP: BOCO Custom retains all exclusive rights, title, and ownership in its proprietary manufacturing techniques, tooling designs, custom fixtures, processes, shop trade secrets, and software/code developed or utilized to manufacture the product.
6. Storage, Unclaimed Property & Abandonment Fees
- Storage Fees: Completed prototype units or production batches not picked up, paid for in full, or scheduled for freight/shipping within thirty (30) days of notice of completion will accrue a daily storage fee of $50.00/day (or 2% of invoice value per month, whichever is greater).
- Abandonment: Under California Civil Code regarding personal property, any items left unclaimed or unpaid for more than sixty (60) days after notification of completion will be deemed abandoned. BOCO Custom reserves the right to liquidate, scrap, recycle, or sell abandoned units to recover accrued unpaid fees, storage costs, and unpaid invoices without further liability to the Customer.
7. Shipping, Freight & Risk of Loss (FOB Origin)
All shipments are made FOB Origin (Ex Works BOCO Custom facility).
- Risk of loss, damage, or destruction transfers to the Customer immediately upon transfer of the shipment to the carrier or shipping service at BOCO Custom’s facility.
- BOCO Custom is not responsible for transit delays, lost packages, or shipping damages incurred during transport. Freight insurance and claims handling are the sole responsibility of the Customer unless otherwise arranged in writing.
8. Limitation of Liability & Indemnification
- Cap on Liability: To the maximum extent permitted by California law, BOCO Custom’s total cumulative monetary liability arising out of or related to any project, estimate, or purchase order—whether in contract, tort, or otherwise—shall never exceed the total dollar amount actually paid by the Customer to BOCO Custom for that specific purchase order.
- Exclusion of Damages: In no event shall BOCO Custom be liable for indirect, incidental, special, punitive, or consequential damages (including, without limitation, lost profits, downtime, business interruption, or third-party liabilities).
- Indemnification: Customer agrees to defend, indemnify, and hold harmless BOCO Custom against any third-party claims, lawsuits, or damages arising out of the Customer's design, improper use of prototype units, or commercial use of products manufactured under Customer specifications.
9. Governing Law & Dispute Resolution
These Terms & Conditions shall be governed by and construed in accordance with the laws of the State of California, without regard to its conflict of law principles. Any legal proceedings arising out of custom projects shall be brought exclusively in the state or federal courts located within the state of California.