TERMS AND CONDITIONS OF SERVICE
Effective Date: January 1st, 2026
Heavy Marine Fabricators
On-Demand Weldment Design & Engineering Support
From Estimating to Delivery, we provide Fabrication
Design Consultation & Process Optimization
When Your Engineering Team Is Burnt Out.
Mistakes Get Built In.
Your in-house engineers are stretched too thin or lack the specialized experience you need
Structural integrity and manufacturability are critical—but complex
Errors in design cost time, money, and trust of your customer.
Offshore engineers and freelancers often don’t understand your standards or timelines
You're tired of wasting time and resources trying to hire qualified engineers who can actually deliver results.
We get it. You NEED to do more with less. That’s why we’re here.
Agreement Overview
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These Terms and Conditions ("Agreement") govern all professional engineering, design, consulting, and related services provided by Weldment Companies LLC ("Weldment"), a South Carolina limited liability company operating under the trade name Weldment Design. Weldment provides structural, mechanical, and other professional services through its platform at weldmentdesign.com and under individually executed service agreements. By engaging Weldment for services—whether by signed proposal, purchase order, verbal authorization, or commencement of work—Client acknowledges and agrees to be bound by this Agreement. Where a separate written project agreement exists, these Terms and Conditions are incorporated therein unless expressly superseded in writing by both parties. Weldment's engineering services are performed in, and this Agreement is governed by, the laws of the State of South Carolina, including but not limited to South Carolina Code of Laws Title 40, Chapter 22 (Engineers and Surveyors) ("S.C. Code § 40-22"), which establishes licensing, practice standards, and the regulatory framework for professional engineering services in South Carolina.
1. Scope of Services
1.1 Services provided by Weldment shall be defined in a written proposal, statement of work, purchase order, or project-specific agreement (collectively, "Project Agreement"). Services may include, but are not limited to: structural engineering, seismic bracing design, mechanical piping support design, weldment detailing, fabrication engineering, design consultation, report preparation, submittal coordination, and construction phase support.
1.2 Any work not expressly described in the Project Agreement shall be considered out of scope and subject to a separate written change order or supplemental agreement prior to performance.
1.3 Where Weldment is identified as a design professional providing engineering services, Weldment operates in full compliance with S.C. Code § 40-22, and all sealed documents shall bear the seal and signature of a licensed Professional Engineer registered in the applicable state(s) of project jurisdiction.
1.4 Weldment reserves the right to engage qualified subconsultants to perform portions of the Services. Weldment remains responsible to Client for all subconsultant work performed on Client's behalf.
2. Drawings, Data, and Information Provided by Others
2.1 Reliance on Client-Provided Information. Weldment shall be entitled to reasonably rely upon the completeness, accuracy, and sufficiency of all drawings, specifications, surveys, geotechnical reports, design data, material certifications, and other information furnished by Client or Client's agents, including third-party engineers, architects, prime contractors, and government entities. Weldment shall not be responsible for errors, omissions, or deficiencies in documents or data prepared by others.
2.2 Structural Intent Only. When Weldment reviews, stamps, comments upon, or issues approvals related to drawings, submittals, shop drawings, or other documents originally prepared by third parties, such actions represent Weldment's professional judgment as to general structural intent and compatibility with the applicable design criteria. Such review and approval:
• Does NOT constitute a certification of dimensional accuracy, fabrication tolerances, material compliance, or component-level correctness of the underlying documents;
• Does NOT relieve the preparer of such documents of their professional responsibility for the accuracy, completeness, and compliance of their work product;
• Does NOT represent a thorough checking of all details, quantities, or construction sequencing;
• Is limited to review for general conformance with the design concept and the information given in the Contract Documents.
2.3 Sealed Drawings are Final. Client acknowledges that structural engineering drawings and calculations produced by Weldment indicate the final, installed position and configuration of structural elements. Weldment shall not be responsible for the means, methods, sequences, procedures, or techniques of construction, nor for job-site safety during construction.
2.4 Coordinate Before Work Begins. It is Client's responsibility to provide Weldment with all available, complete, and current project information before Weldment commences design. If incomplete or inaccurate information is provided and later revised, additional engineering effort required as a result shall be compensable as additional services. 2.5 Weldment shall promptly notify Client upon discovery of any apparent error, ambiguity, or inconsistency in documents furnished by others. However, Weldment does not warrant discovery of all errors in third-party documents.
3. Compensation, Invoicing, and Payment
3.1 Project Cost. Fees shall be as stated in the Project Agreement on a lump sum, unit price, or hourly basis as specified. All fees are exclusive of applicable taxes, reimbursable expenses, and government fees unless otherwise stated.
3.2 Invoices. Invoices shall be issued monthly or upon achievement of milestones as defined in the Project Agreement. All invoices are due and payable within thirty (30) calendar days of the invoice date ("Due Date") unless alternative terms are stated in writing.
3.3 Late Fees. Invoices not paid by the Due Date shall accrue a late payment charge as follows:
• A service charge of 3% per month (36% per annum) shall be applied to any outstanding balance beginning thirty (30) days after the invoice due date.
• An administrative handling fee of $150.00 shall be assessed on the first day an invoice becomes past due to offset collection and administrative costs.
• If any balance remains unpaid sixty (60) or more days after the invoice due date, Weldment may, without waiving any other remedy, suspend all Services until the account is brought current. Weldment shall not be liable for any delay, damage, or loss resulting from such suspension.
3. Compensation, Invoicing, and Payment
3.1 Project Cost. Fees shall be as stated in the Project Agreement on a lump sum, unit price, or hourly basis as specified. All fees are exclusive of applicable taxes, reimbursable expenses, and government fees unless otherwise stated.
3.2 Invoices. Invoices shall be issued monthly or upon achievement of milestones as defined in the Project Agreement. All invoices are due and payable within thirty (30) calendar days of the invoice date ("Due Date") unless alternative terms are stated in writing.
3.3 Late Fees. Invoices not paid by the Due Date shall accrue a late payment charge as follows:
• A service charge of 3% per month (36% per annum) shall be applied to any outstanding balance beginning thirty (30) days after the invoice due date. • An administrative handling fee of $150.00 shall be assessed on the first day an invoice becomes past due to offset collection and administrative costs.
• If any balance remains unpaid sixty (60) or more days after the invoice due date, Weldment may, without waiving any other remedy, suspend all Services until the account is brought current. Weldment shall not be liable for any delay, damage, or loss resulting from such suspension.
If any balance remains unpaid ninety (90) or more days after the invoice date, Client shall be responsible for all costs of collection, including reasonable attorneys' fees and court costs.
3.4 Retainer. Weldment may require a retainer or deposit prior to commencing Services, as specified in the Project Agreement. Retainers shall be credited against the final invoice.
3.5 Payments. Payment to Weldment is not contingent upon Client receiving payment from any third party, including prime contractors, owners, or government agencies. Client assumes sole responsibility for timely payment.
3.6 Disputes. Any disputed portion of an invoice must be communicated to Weldment in writing within fifteen (15) days of the invoice date, identifying the specific items disputed. Undisputed portions remain due by the Due Date. Failure to dispute within this period shall constitute acceptance of the invoice.
3.7 Liens. Weldment reserves the right to file and enforce mechanic's liens or other available legal remedies against the project property and related bonds in the event of non-payment, subject to applicable South Carolina lien law.
3.8 Drawing Hold. Weldment reserves the right to hold all drawings and details without providing sealed drawings or completion of scope for any late and/or outstanding invoice. Retainer fees are due on receipt regardless of standard terms and conditions.
4. Limitation of Liability
4.1 In recognition of the relative risks and benefits of each project to both Client and Weldment, and in consideration of the fee level paid for Weldment's professional services, the parties agree that the following allocation of risk is reasonable: Total Liability Cap. To the fullest extent permitted by South Carolina law, Weldment's total aggregate liability to Client, and to any party claiming by, through, or under Client, for any and all losses, claims, damages, costs, expenses, injuries, or liabilities of any kind—including Weldment's indemnity obligations—arising out of or related to this Agreement or the Services, regardless of cause or legal theory (including negligence, errors, omissions, breach of contract, or breach of warranty), shall not exceed ten percent (10%) of the total engineering fees actually paid by Client to Weldment under the applicable Project Agreement, or $1,000.00, whichever is greater.
4.2 In no event shall Weldment or its officers, members, employees, subconsultants, or agents be liable for any indirect, consequential, incidental, special, punitive, exemplary, or economic loss damages, including but not limited to lost profits, lost revenue, loss of use, cost of capital, or downtime, regardless of whether Weldment was advised of the possibility of such damages.
4.3 The limitation of liability set forth in this Section shall apply even if Client's remedies otherwise fail of their essential purpose. This limitation reflects a bargained-for allocation of risk between the parties and is a material element of the basis of the bargain between them.
4.4 Weldment makes no representation or warranty that its designs, analyses, or services will result in a project free of defects or that such project will perform in any particular manner once constructed. Construction compliance and quality control remain the responsibility of the contractor.
5. Indemnification
5.1 Weldment shall indemnify, defend, and hold harmless Client from and against third-party claims, damages, losses, and expenses (including reasonable attorneys' fees) to the extent, and only to the extent, directly caused by Weldment's own negligent acts, errors, or omissions in the performance of professional services under this Agreement. Weldment Companies LLC | www.weldmentdesign.com | Confidential & Proprietary | Page 3 of 8 Weldment Companies LLC | Terms and Conditions of Service Rev 0 01/01/2026
5.2 Client shall indemnify, defend, and hold harmless Weldment and its members, employees, subconsultants, and agents from and against all claims, damages, losses, costs, and expenses (including reasonable attorneys' fees) arising out of or related to: (a) Client's negligent acts or omissions; (b) inaccurate or incomplete information provided by Client; (c) Client's failure to follow engineering recommendations or approved designs; (d) construction means, methods, or sequences; or (e) actions of contractors, fabricators, or subcontractors.
5.3 Nothing in this Section shall be construed to require indemnification in excess of that permitted under South Carolina law.
6. Prohibition on Use of Weldment's Work Product with Artificial Intelligence
6.1 All engineering calculations, drawings, reports, analyses, specifications, design criteria, methodologies, and other deliverables produced by Weldment (collectively, "Work Product") are proprietary and confidential, constituting trade secrets and intellectual property of Weldment.
6.2 AI Prohibition. Client shall not, and shall not permit any third party to, input, upload, submit, transmit, or otherwise make available any portion of Weldment's Work Product to any artificial intelligence system, large language model (LLM), generative AI platform, machine learning tool, or automated data processing system (including but not limited to tools such as ChatGPT, Copilot, Gemini, Claude, or any successor or similar technology) for any purpose whatsoever, including without limitation:
• Training, fine-tuning, or improving any AI model;
• Generating derivative works, alternative designs, or competing engineering analyses;
• Automating design review or approval processes;
• Any other commercial or non-commercial exploitation.
6.3 This prohibition applies to all Work Product regardless of format (electronic, PDF, printed, or otherwise) and regardless of the scope of use contemplated. Client may use Work Product only for the specific project purposes described in the Project Agreement.
6.4 Client shall include equivalent AI-use prohibitions in any subcontracts, purchase orders, or other agreements with parties who receive any portion of Weldment's Work Product.
6.5 Any breach of this Section shall be deemed a material breach of the Agreement and shall entitle Weldment to immediate injunctive relief without the requirement of posting bond, in addition to all other legal and equitable remedies.
6.6 Client acknowledges that damages resulting from unauthorized AI use of Weldment's Work Product may be difficult to quantify and that irreparable harm would result. Client therefore consents to injunctive and equitable relief as a remedy.
7. Intellectual Property and Ownership
7.1 All Work Product created by Weldment shall remain the exclusive intellectual property of Weldment, including all copyrights, patents, trade secrets, and proprietary rights. Weldment's engineering seal does not transfer ownership.
7.2 Upon full payment of all fees and charges due under this Agreement, Weldment grants Client a limited, non exclusive, non-transferable license to use the Work Product solely for the specific project identified in the Project Agreement at the specific project site. This license does not include the right to modify, reproduce, adapt, or reuse Work Product for any other project, site, or purpose without Weldment's prior written consent.
7.3 Client warrants that all documents and information furnished to Weldment are either Client's property or Client has the legal right to provide them to Weldment. Client shall indemnify Weldment from any claims arising from use of Client-furnished materials.
7.4 If Client requests and Weldment agrees to transfer digital files (CAD, BIM, calculation files), such transfer shall be at Client's risk. Weldment makes no warranty as to the compatibility or accuracy of digital files when used in systems other than those employed by Weldment.
8. Engineer's Authority and Professional Control (South Carolina Law)
8.1 Weldment's engineering services are regulated under South Carolina Code of Laws Title 40, Chapter 22. As a practicing professional engineering firm, Weldment retains full professional authority and responsibility over all engineering judgments, decisions, and sealed documents prepared in connection with Client engagements.
8.2 Engineer's Right to Control Design. Pursuant to the standards established under S.C. Code § 40-22 and the Rules of Professional Conduct applicable to South Carolina licensed Professional Engineers, Weldment shall retain independent professional judgment over all engineering decisions. Client may not direct Weldment to:
• Seal or approve designs that do not meet applicable codes, standards, or engineering principles;
• Reduce or waive safety factors or design margins below those required by applicable standards;
• Issue certifications or approvals inconsistent with Weldment's independent professional assessment;
• Adopt design approaches that Weldment determines would compromise the health, safety, or welfare of the public.
8.3 If a conflict arises between Client's preferences and Weldment's professional obligations under applicable law or engineering standards, Weldment's professional obligations shall prevail. Structural engineering aspects override economic, scheduling, or constructability preferences to the extent required by applicable law and standard of care.
8.4 Weldment's engineers shall maintain the standard of care ordinarily provided by members of the profession practicing under similar circumstances at the same time and in the same locale, as required by S.C. Code § 40-22 and applicable Rules of Professional Conduct.
8.5 All engineering documents produced by Weldment that require a professional seal under South Carolina law shall be sealed and signed by a licensed Professional Engineer in full compliance with S.C. Code § 40-22-250 and applicable state board regulations. The sealed engineer accepts professional responsibility only for those elements expressly within the scope of Weldment's services.
10. Term and Termination
10.1 This Agreement and each Project Agreement shall remain in effect from the date of execution until completion and final acceptance of Services, or until terminated in accordance with this Section.
10.2 Either party may terminate a Project Agreement upon ten (10) days' written notice if the other party has materially breached the Agreement and has not cured such breach within such ten-day period.
10.3 Client may terminate for convenience upon fifteen (15) days' written notice. In such event, Client shall pay Weldment for all Services performed through the date of termination, all reimbursable expenses incurred, and a reasonable wind-down fee not to exceed ten percent (10%) of the remaining contract value.
10.4 Upon termination, Client's license to use Work Product is conditioned upon payment in full of all amounts owed. If Client is in payment default at the time of termination, the license is suspended until all amounts are paid.
10.5 Weldment may suspend Services immediately upon Client's material breach of payment obligations, subject to five (5) days' written notice. Suspension shall not constitute a termination and Weldment shall not be liable for any delay, cost, or damage arising from a permitted suspension.
11. Confidentiality
11.1 Each party agrees to maintain the confidentiality of the other's proprietary information and not to disclose it to third parties without prior written consent, except as required by law, regulation, or court order, or as necessary to perform the Services.
11.2 Weldment's Work Product, methodologies, software, tools, unit pricing, and internal processes are proprietary and confidential. Client shall not disclose such information to third parties without Weldment's prior written consent.
11.3 The confidentiality obligations in this Section shall survive expiration or termination of the Agreement for a period of five (5) years.
12. Dispute Resolution and Governing Law
12.1 This Agreement shall be governed by and construed in accordance with the laws of the State of South Carolina, without regard to conflict of law principles.
12.2 The parties shall attempt to resolve any dispute through good-faith negotiation for a period of thirty (30) days following written notice of the dispute.
12.3 If negotiation is unsuccessful, disputes shall be resolved by non-binding mediation before a mutually agreed mediator located in Charleston County or Dorchester County, South Carolina. Costs of mediation shall be shared equally.
12.4 If mediation fails to resolve the dispute, either party may pursue litigation in a court of competent jurisdiction in Charleston County or Dorchester County, South Carolina. Weldment reserves the right to seek immediate injunctive or equitable relief in any court of competent jurisdiction without first engaging in mediation where circumstances warrant such relief, including but not limited to breach of Sections 6 (AI Prohibition) or 7 (Intellectual Property).
12.5 In any action or proceeding to enforce this Agreement, the substantially prevailing party shall be entitled to recover its reasonable attorneys' fees and costs from the other party.
13. Insurance
13.1 Weldment shall maintain, at minimum, the following insurance coverages during the term of any Project Agreement: • Commercial General Liability: $1,000,000 per occurrence / $2,000,000 aggregate; • Professional Liability (Errors & Omissions): $1,000,000 per claim; • Workers' Compensation: Statutory limits as required by South Carolina law.
13.2 Client may require evidence of coverage in the form of a certificate of insurance upon reasonable written request. Weldment shall not be required to name Client as an additional insured without specific written agreement.
13.3 Weldment's professional liability insurance is maintained on a claims-made basis. Accordingly, Client's obligation to notify Weldment of potential claims within a reasonable period is essential to preservation of coverage.
14. General Provisions
14.1 Force Majeure. Neither party shall be liable for delays caused by events beyond its reasonable control, including but not limited to acts of God, natural disasters, pandemic, labor disputes, governmental actions, cyberattacks, or supply chain disruptions. The affected party shall provide prompt written notice and use reasonable efforts to mitigate delays.
14.2 No Waiver. Failure by either party to enforce any provision of this Agreement shall not constitute a waiver of that party's right to enforce such provision in the future.
14.3 Severability. If any provision of this Agreement is held to be invalid, illegal, or unenforceable, the remaining provisions shall remain in full force and effect.
14.4 Entire Agreement. This Agreement, together with the applicable Project Agreement, constitutes the entire agreement between the parties with respect to the subject matter hereof and supersedes all prior written or oral understandings, representations, and agreements. No modification shall be effective unless made in writing and signed by authorized representatives of both parties.
14.5 Assignment. Client may not assign its rights or obligations under this Agreement without Weldment's prior written consent. Weldment may assign this Agreement to an affiliate or successor entity upon notice to Client.
14.6 Independent Contractor. Weldment is an independent contractor and not an agent, employee, partner, or joint venturer of Client. Nothing in this Agreement creates an employment relationship.
14.7 Notices. All notices required under this Agreement shall be in writing and delivered by email with delivery confirmation, overnight courier, or certified mail to the addresses stated in the Project Agreement. Notices via email are effective upon written confirmation of receipt.
14.8 Survival. Sections 4 (Limitation of Liability), 5 (Indemnification), 6 (AI Prohibition), 7 (Intellectual Property), 11 (Confidentiality), 12 (Dispute Resolution), and this Section
14.8 shall survive the expiration or termination of this Agreement.
14.9 Authority. Each party represents and warrants that it has full legal authority to enter into this Agreement and that the person executing or accepting this Agreement on its behalf is duly authorized to do so.
14.10 Counterparts. This Agreement may be executed in counterparts, including by electronic signature, each of which shall be deemed an original and all of which together shall constitute one agreement. Electronic signatures, including PDF signatures and digital signature platforms, shall be deemed valid and binding.
ACCEPTANCE AND ACKNOWLEDGMENT
By executing a Project Agreement that incorporates these Terms and Conditions, by issuing a purchase order, or by otherwise authorizing Weldment to commence Services, Client acknowledges that it has read, understood, and agrees to be bound by these Terms and Conditions.
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SOFTWARE ACCESS & EXPERTISE
Codeware focuses exclusively on providing software for the design and analysis of ASME vessels and exchangers. By combining engineering expertise, innovative software solutions and unmatched customer support, Codeware has established itself as the leading ASME Section VIII software provider. Our engineering software COMPRESS, INSPECT, and Shopfloor is used by 1,800+ companies in over 65 countries. Codeware was founded in 1983 in Ontario.
Design and engineer complex metal structures, weldments, assemblies, and custom equipment. It enables engineers to quickly create accurate structural models, generate detailed shop drawings, simulate load conditions, and streamline fabrication workflows. With built-in tools like Weldments, Sheet Metal, and Structural Simulation, SOLIDWORKS helps heavy fab teams reduce errors, accelerate production, and ensure fit, form, and function before cutting steel—saving time and material costs.
Design and engineer complex metal structures, weldments, assemblies, and custom equipment. It enables engineers to quickly create accurate structural models, generate detailed shop drawings, simulate load conditions, and streamline fabrication workflows. With built-in tools like Weldments, Sheet Metal, and Structural Simulation, SOLIDWORKS helps heavy fab teams reduce errors, accelerate production, and ensure fit, form, and function before cutting steel—saving time and material costs.
PRIME & SUB GOVERNMENT CONTRACTORS
STATE & LOCAL GOV.
INDUSTRY STANDARDS
SOFTWARE ACCESS & EXPERTISE
Codeware focuses exclusively on providing software for the design and analysis of ASME vessels and exchangers. By combining engineering expertise, innovative software solutions and unmatched customer support, Codeware has established itself as the leading ASME Section VIII software provider. Our engineering software COMPRESS, INSPECT, and Shopfloor is used by 1,800+ companies in over 65 countries. Codeware was founded in 1983 in Ontario.
Design and engineer complex metal structures, weldments, assemblies, and custom equipment. It enables engineers to quickly create accurate structural models, generate detailed shop drawings, simulate load conditions, and streamline fabrication workflows. With built-in tools like Weldments, Sheet Metal, and Structural Simulation, SOLIDWORKS helps heavy fab teams reduce errors, accelerate production, and ensure fit, form, and function before cutting steel—saving time and material costs.
Design and engineer complex metal structures, weldments, assemblies, and custom equipment. It enables engineers to quickly create accurate structural models, generate detailed shop drawings, simulate load conditions, and streamline fabrication workflows. With built-in tools like Weldments, Sheet Metal, and Structural Simulation, SOLIDWORKS helps heavy fab teams reduce errors, accelerate production, and ensure fit, form, and function before cutting steel—saving time and material costs.
PRIME & SUB GOVERNMENT CONTRACTORS
INDUSTRY STANDARDS