Legal
Terms ofService
These terms govern use of this website and fabrication quotes, orders, and work with Avalon.
1. Agreement
By accessing this website, requesting a quote, placing an order, or otherwise dealing with Avalon Metal Fabrication Inc., you agree to these Terms of Service. If you are accepting on behalf of a company, you represent that you have authority to bind that company. If you do not agree, do not use the site or submit an order.
A signed quotation, purchase order acknowledgement, or other written agreement between you and Avalon may add to or modify these terms for a specific job. Where there is a conflict, the signed commercial documents for that job control for that job only.
2. Who we are
Avalon Metal Fabrication Inc. is a custom metal manufacturer serving industrial and commercial customers in domestic and international markets. We fabricate component parts, prototypes, production runs, and complete systems to customer specifications.
Contact for commercial and website matters: Quotes marcelo@avalonmetalfab.com · Accounting alan@avalonmetalfab.com · (905) 678-0249 · 1909 Albion Rd, Etobicoke, ON M9W 5S8.
3. Website use
You may use this website for lawful business purposes: learning about our services, browsing work examples, and requesting quotes. You must not:
- Interfere with site security, availability, or other users
- Scrape, harvest, or automate access in a way that burdens our systems
- Upload malware, unlawful content, or material you do not have rights to share
- Misrepresent your identity or affiliation when contacting us
- Use the site to send spam or unsolicited marketing
Site content (text, images, layout, and branding) is owned by Avalon or its licensors. You may not copy it for commercial use without our written permission, except for fair dealing under Canadian copyright law.
Information on the site (capabilities, equipment, lead-time guidance, and examples) is for general information. It is not a binding offer until we issue a written quote and you accept it under the terms of that quote.
4. Quotes
Quotes are based on the drawings, specifications, quantities, materials, finishes, tolerances, and other requirements you provide (or that we mutually confirm in writing). This quote is valid for 14 days unless otherwise noted.
All quotes are based on shipping up to 5% over all parts. Samples are not included in the pricing, unless specifically noted.
Pricing assumes the scope described in the quote. Changes to design, quantity, material, finish, inspection requirements, packaging, or delivery may require a revised quote and new lead time. Material market movements, surcharges, and supplier availability may also affect pricing if called out in the quote or acknowledged at order.
A quote is an invitation to deal, not an order acceptance, until we confirm the order in writing (email acknowledgement, order confirmation, or signed PO acceptance).
5. Orders, drawings, and lead times
Orders become binding when we confirm them. Lead times start after we have: (a) order confirmation; (b) complete, manufacturable drawings or approved models; (c) any required deposits; and (d) where applicable, approved first articles or customer material on hand.
You are responsible for the accuracy and completeness of drawings, CAD files, BOMs, revision control, and special notes (including weld symbols, GD&T, finish, and inspection). If drawings conflict, we will seek clarification; work may pause until clarified. We may provide engineering assistance; design ownership and fitness for your end use remain your responsibility unless a separate design agreement says otherwise. Revisions must be clearly identified on P.O.
Lead time is determined by shop capacity and material availability at the time of each order. We will notify you of known delays as soon as practical. Lead times are estimates unless expressly guaranteed in writing.
6. Materials
Avalon-supplied material
Unless the quote states otherwise, we supply material suitable for the specified grade or equivalent commercial grade. Mill certifications or material test reports are provided when requested in the quote or purchase order and when available from our suppliers.
Customer-supplied material
Customer-supplied stock is checked for quantity and visible condition on arrival. We are not responsible for latent defects, incorrect grade, or dimensional issues in material you supply. Scrap, remnants, and drop allowances should be agreed in the quote. Unused customer material may be returned or disposed of as agreed in writing.
7. Quality, inspection, and remedies
Parts are manufactured and inspected against the drawing revision and specifications we built to for that order. First-article or sample approval, if required, must be confirmed in writing before production continues.
If delivered goods do not conform to the agreed drawing and specifications, notify us in writing within 10 business days of delivery (or discovery of a latent non-conformity that could not reasonably have been found earlier). Our exclusive remedy, at our option, is to remake, rework, replace, or credit the non-conforming portion. We are not obligated to cover consequential costs (line downtime, recall, liquidated damages, or third-party claims) except as required by non-waivable law or a separate written agreement.
Cosmetic standards, surface finish, and packaging expectations should be stated in the quote or drawing. Absent that, commercial industrial standards for the process apply.
8. Payment
Payment terms are as stated on the quote or invoice (for example, deposit plus balance before ship, or net days for approved accounts). Terms are 30 days from shipment or readiness to ship. Prices are in Canadian dollars unless stated otherwise. Applicable taxes (including HST) are extra unless the quote says tax-included.
Late amounts may accrue interest at the rate stated on the invoice or the maximum permitted by law. We may suspend work or hold shipments on overdue accounts. Title to goods may remain with Avalon until paid in full where permitted by law.
9. Delivery, risk, and shipping
Delivery terms (pickup, Avalon delivery, or carrier) are as agreed in the quote. Risk of loss passes on handover to the carrier or on customer pickup, unless Incoterms or other written terms say otherwise. Claims for shipping damage should be noted on the delivery receipt and reported promptly to the carrier and to us.
10. Cancellations and changes
Cancelled or changed orders may be charged for work already performed, materials purchased or cut, tooling, and a reasonable restocking or cancellation fee. Once fabrication has started, cancellation may not be available except by mutual written agreement.
11. Confidentiality and customer IP
Drawings, CAD files, models, samples, and specifications you provide remain your intellectual property. We treat them as confidential and use them only to quote and fulfill your work, unless you authorize broader use (for example, anonymized portfolio photos). We may retain copies as needed for quality records, reorders, and legal compliance.
Process know-how, fixtures, CAM programs, and shop methods we develop in performing the work remain Avalon’s, except where a separate NDA or development agreement assigns them to you.
12. Tooling and fixtures
Soft tooling, fixtures, and programs created for your job are Avalon property unless the quote states that you purchase or own them. Storage, maintenance, and disposition of customer-owned tooling should be agreed in writing.
13. Warranties and disclaimers
We warrant that goods will conform to the agreed drawings and specifications at delivery, subject to the inspection and remedy terms above. Except as expressly stated in writing, and to the fullest extent permitted by law, we disclaim all other warranties, including merchantability and fitness for a particular purpose. You are responsible for validating that fabricated parts are suitable for your application, assembly, and regulatory requirements.
14. Limitation of liability
To the fullest extent permitted by applicable law, Avalon’s total liability arising out of any order or website use is limited to the amounts you paid us for the specific goods or services giving rise to the claim. We are not liable for indirect, incidental, special, consequential, punitive, or exemplary damages, or for lost profits, production downtime, or third-party claims, even if advised of the possibility.
Nothing in these terms excludes liability that cannot be limited under Ontario or Canadian law (including certain fraud or personal injury claims).
15. Indemnity
You agree to indemnify and hold Avalon harmless from claims arising from: (a) your designs, specifications, or end use of the parts; (b) infringement alleged from designs or branding you supplied; (c) your breach of these terms; or (d) unlawful use of this website, except to the extent caused by our proven negligence or willful misconduct.
16. Force majeure
We are not liable for delay or failure caused by events beyond reasonable control, including supplier shortages, carrier disruption, power outages, labour disputes, fire, flood, pandemic measures, cyber incidents, or government action. We will use reasonable efforts to mitigate and resume performance.
17. Export and compliance
You are responsible for informing us of any export-control, ITAR, controlled-goods, or end-use restrictions that apply to your parts or drawings. We may decline work that would violate applicable law. Do not send controlled technical data unless we have agreed in writing to receive and handle it.
18. Privacy
Personal information submitted through this site is handled under our Privacy Policy, which forms part of these terms for website use.
19. Changes
We may update these terms by posting a revised version on this page with a new effective date. Continued use of the website after posting constitutes acceptance of the updated website terms. Changes to commercial terms for an existing open order require written agreement.
20. Governing law
These terms are governed by the Province of Ontario and the federal laws of Canada applicable therein, without regard to conflict-of-law rules. Exclusive venue for disputes is the courts of the Province of Ontario, except that we may seek injunctive relief in any court of competent jurisdiction to protect intellectual property or confidential information.
21. Contact
Questions about these terms? Contact Quotes at marcelo@avalonmetalfab.com, Accounting at alan@avalonmetalfab.com, or call (905) 678-0249. 1909 Albion Rd, Etobicoke, ON M9W 5S8.