In plain language: These terms cover using the SpecIQ website and buying panels and related products from us. By using the site or asking us for a quote, you agree to these terms. Because we build custom control panels to order, much of this is about quotes, drawings, warranties, shipping, and returns.
1. About Us and These Terms
SpecIQ is a Michigan limited liability company (“Spec IQ,” “we,” “us,” or “our”), located at 2014 Holland Ave., Unit 494, Port Huron, MI 48060, USA. These Terms & Conditions (the “Terms”) govern your access to and use of speciqbuilt.com (the “Site”) and your purchase of panels, racks, and related products and services (the “Products”). By using the Site, requesting a quote, or placing an order, you agree to these Terms. If you do not agree, please do not use the Site.
We sell to businesses and trade professionals. The Site and the Products are intended for commercial and industrial use, not for consumers or for personal, family, or household use.
2. Changes to These Terms
In plain language: We can update these terms. The version posted on the site when you use it or place an order is the one that applies.
We may update these Terms from time to time. The current version is always posted on the Site with its effective date. If you continue to use the Site or place an order after an update, you accept the updated Terms.
3. Eligibility and Accounts
You confirm that you are of legal age and authorized to act for the business you represent. If the Site offers accounts, you are responsible for keeping your login secure and for activity that happens under it. Please notify us promptly of any unauthorized use.
4. The Quote and Order Process
In plain language: Our site is for requesting quotes and starting projects, not instant checkout. Nothing is binding until we both confirm a purchase order in writing.
The Site lets you request a quote, share project details, and upload drawings. Any quote or pricing we provide is an invitation to do business, not a binding offer. A contract is formed only when you place an order pursuant to our quote and then we accept your order in writing, which includes an emailed order confirmation or a signed quote. We may decline or cancel any order, including for pricing or availability errors, suspected fraud, export restrictions, or an inability to source materials.
Unless a quote states a different validity period, quotes are valid for 30 days.
5. Custom Products and Customer Drawings
In plain language: When you send us your shop drawings or specs, you keep ownership of them. You give us permission to use them to design and build your panel, and we keep your drawings confidential.
You retain ownership of the shop drawings, specifications, files, and other materials you provide to us (your “Customer Materials”). You grant us a non-exclusive license to use, copy, and adapt your Customer Materials solely to prepare quotes and to design, build, test, and support your Products.
You represent that you have the right to provide your Customer Materials and that our use of them as described does not infringe the rights of any third party.
We will treat Customer Materials that are marked confidential, or that a reasonable person would understand to be confidential, as confidential. We will not disclose them except to our personnel and suppliers who need them to fulfill your order, and who are bound to protect them.
We may create a custom SKU for your design and keep design records so that you can reorder the same panel. Our pre-existing know-how, manufacturing processes, templates, tooling, and general expertise (our “SpecIQ IP”) remain ours. Any tooling, fixtures, jigs, or design records we create to build your Products remain our property, even where their cost is reflected in your price, unless we agree otherwise in writing. Nothing in these Terms transfers ownership of SpecIQ IP to you, and nothing transfers ownership of your Customer Materials to us.
6. Suitability and Buyer’s Specifications
In plain language: You are responsible for making sure the design you approve is right for your application and meets the codes that apply to your site. We build to the approved spec.
You are responsible for the accuracy and completeness of the specifications, drawings, and requirements you provide or approve, and for confirming that the approved design is suitable for your intended application and complies with the codes, standards, and regulations that apply at the installation site.
We build, and where applicable certify, Products to the approved specifications. UL 508A and similar certifications confirm that a Product was built to a recognized construction standard. They do not confirm that the Product is suitable for your particular application or installation, which remains your responsibility and that of your licensed professionals.
Where you supply components or materials for us to incorporate, our warranty does not extend to those specifications. The Customer is solely responsible for the suitability of components, materials or specifications and Spec IQ cannot be liable for such information provided by Customer.
7. Prices and Payment
In plain language: Prices come from your quote, not from the website. Payment terms are set out in your quote or invoice.
Prices are quoted per project and stated in the currency shown on your quote. Unless your quote says otherwise, prices do not include taxes, duties, shipping, insurance, or special packaging.
Payment methods and timing are set out in your quote or invoice, which may include a deposit to begin work and the balance before or upon shipment. The Site does not process card payments at checkout. Past-due amounts may accrue interest as stated on the invoice, and you are responsible for reasonable costs of collection.
Any “free shipping” or similar offer applies only as described on the Site, for example standard ground service within the contiguous United States, and conditions apply.
8. Taxes
In plain language: You are responsible for applicable taxes, and we charge tax where we are required to.
We will charge sales, use, or similar taxes where we are required to collect them. You are responsible for all taxes, duties, and similar charges that arise from your purchase, other than taxes on our net income. Tax obligations depend on where Products ship and on current law, which changes over time, so you should consult your own tax advisor about your obligations.
9. Cancellations and Changes
In plain language: Custom panels cannot be cancelled once we start building them. Changes to an approved order are repriced.
Standard or catalog orders may be cancelled before shipment, subject to a cancellation or restocking charge of up to 50% and a charge for any unique parts already ordered.
Custom Products built to your drawings or specifications cannot be cancelled once production has begun. If you cancel before production begins, your deposit may be non-refundable to the extent we have already incurred costs. If you cancel after production begins, you are responsible for all costs we have incurred plus a reasonable amount for the work performed.
Any change to an approved order, including changes to specifications, quantities, or materials, must be agreed in writing and may change the price and the schedule. Changes received after an order is in production may be treated as a new order.
10. Shipping, Delivery, Title, and Risk of Loss
In plain language: We ship from our Michigan facility. Once the Products are handed to the carrier, title and risk of loss pass to you.
Unless we agree otherwise, Products ship F.O.B. our facility in Fort Gratiot, Michigan. Title and risk of loss pass to you when we deliver the Products to the carrier at the F.O.B. point. Shipping dates are estimates only.
Standard packaging (a cardboard box) is included at no additional charge unless stated otherwise. Crating, export packaging, or other special handling may carry additional charges. Standard shipping is carrier ground service, and expedited options are available at your cost. All shipping costs are paid by you unless your quote states otherwise.
11. International Shipments, Export, and Sanctions Compliance
In plain language: We ship internationally and follow US export and sanctions law. You handle import duties and local compliance, and you will not divert Products to restricted destinations or parties.
International shipments, including to Canada, the European Union, and elsewhere, are made through reputable carriers and are exported from the United States in accordance with the US Export Administration Regulations and other applicable law. Diversion contrary to US law is prohibited.
Unless agreed otherwise, you are the importer of record and are responsible for all duties, taxes, customs clearance, and compliance with the laws of the destination country. A processing and invoicing charge may apply to international orders.
You agree to comply with all applicable export control and economic sanctions laws. You will not export, re-export, or transfer the Products, directly or indirectly, to any country, entity, or person restricted under US law, or in violation of those laws, and you will promptly notify us of any change that affects your eligibility to receive the Products, including under any export license or the ITAR.
12. Shipping Claims
Because title passes at the F.O.B. point, claims for loss or damage in transit are between you and the carrier. Please file all shipping-related claims directly with the carrier within 30 days of the ship date, and notify us promptly so we can help with documentation.
13. Backorders and Availability
Products that are ordered and prepaid but not available for immediate shipment will ship as they become available. We are not liable for delays caused by supply, materials, or other factors beyond our control.
14. Returns and Restocking
In plain language: Standard catalog items can be returned unopened within 30 days with a restocking fee. Custom-built panels generally cannot be returned, since they are made to your design.
Stock or catalog Products returned for credit must be unopened and returned within 30 days of purchase, accompanied by a Return Merchandise Authorization (RMA) number. A restocking fee of up to 50% of the purchase price applies.
Custom-manufactured Products built to your drawings or specifications are non-returnable and non-refundable except under the limited warranty below, because they cannot be resold.
To start a return, contact us for an RMA number, display the RMA number prominently on the outside of the box, and include a packing slip listing the RMA number, the contents, and the reason for the return. Returned Products must be shipped prepaid freight.
15. Out-of-Warranty Repairs
Products returned for repair require an RMA number. Display the RMA number on the outside of the box and include a packing slip listing the RMA number, the contents, and a detailed description of the problem. Returned Products must be shipped prepaid freight. After processing, we ship repaired Products back via carrier ground service. We determine whether a Product is repairable, and Products we determine to be non-repairable are returned to you.
16. Limited Warranty
In plain language: We warrant our materials and workmanship for one year. If a covered Product is defective, we will repair or replace it. That is your remedy, and we are not liable for downstream losses.
We warrant that the Products are free from defects in material and workmanship for one (1) year after delivery. This warranty does not cover accessories, parts, or materials we purchase from others unless those items are made to our design, although it does cover our workmanship in installing such items into assembled equipment.
To make a claim, the defect must appear and you must notify us within the one-year period, you must provide reasonable proof that the defect is covered by this warranty, and you must return the Product prepaid to our Fort Gratiot, Michigan facility after obtaining an RMA number. The warranty does not apply if the Product was not operated and maintained in accordance with our instructions, or if it was repaired, altered, or modified without our approval.
Our sole obligation, and your exclusive remedy, is, at our option, repair or replacement of the defective item with a similar item free from defect, or correction of the defect in workmanship. We decide whether to repair or replace. This warranty does not extend to loss of use or consequential damage and does not cover customer-furnished equipment.
EXCEPT FOR THE EXPRESS WARRANTY ABOVE, THE PRODUCTS ARE PROVIDED WITHOUT OTHER WARRANTIES, AND WE DISCLAIM ALL IMPLIED WARRANTIES, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, TO THE FULLEST EXTENT PERMITTED BY LAW.
17. Product Compliance and Chemical Notices
In plain language: Our products are electrical equipment. Depending on where they are installed, California, EU, and other rules about chemicals and disposal may apply.
California Proposition 65: Products may contain one or more chemicals known to the State of California to cause cancer or reproductive harm, such as lead and lead compounds commonly used in electrical components. Where required, a Proposition 65 warning will be provided with the Product or its packaging.
European Union and United Kingdom: For Products placed on the EU or UK market, we work with our suppliers toward compliance with the RoHS Directive, REACH, and CE marking requirements as applicable. Because Products are custom, compliance can depend on the specific components and configuration of a given Product.
Electronic waste (WEEE): At the end of their life, electrical and electronic Products should not be disposed of as unsorted municipal waste and should be handled through appropriate recycling channels in your jurisdiction.
18. Critical and High-Risk Uses
The Products are not authorized for use as critical components in life-support devices or systems, or in other applications where a failure could reasonably be expected to cause death, personal injury, or severe property or environmental harm. Any attempt to purchase Products for such use is null and void. We accept no liability whatsoever, in contract, tort, or otherwise, arising from such use, including any liability resulting from our own or our employees’ alleged negligence or failure to detect an improper purchase.
19. Embedded Software and Network Security
In plain language: If your panel includes software or connects to a network, here is how that works. Securing your network after installation is your responsibility.
Some Products include embedded software or firmware. We grant you a limited, non-exclusive, non-transferable license to use that software solely as embedded in the Product. You may not copy, modify, reverse engineer, or redistribute it except as allowed by law. Any open-source components are licensed under their own terms, which control for those components.
Where Products connect to your network, you are responsible for the security, configuration, and monitoring of your network and systems after installation, including access controls, segmentation, and updates. We are not responsible for security incidents arising from your network environment or from changes made after delivery.
20. Acceptable Use of the Site
In plain language: Use the site honestly, and do not attack or misuse it.
- Do not use the Site for any unlawful purpose.
- Do not upload malware or attempt to breach the Site’s security.
- Do not scrape, harvest, or systematically collect data from the Site.
- Do not interfere with the operation of the Site.
- Do not misrepresent your identity or authority, and do not upload Customer Materials that you do not have the right to share.
We may suspend or terminate access to the Site for any violation of these Terms.
21. Intellectual Property in the Site
In plain language: The website, its content, and the SpecIQ brand are ours.
The Site and its content, including text, graphics, logos, images, and software, together with the SpecIQ name and marks, are owned by or licensed to us and are protected by intellectual property laws. We grant you a limited, revocable, non-transferable license to use the Site for legitimate business purposes. You may not copy, reproduce, distribute, or create derivative works from the Site without our written permission. Any third-party brand names or logos that appear on the Site remain the property of their respective owners.
22. Third-Party Links and Standards
The Site may link to third-party websites or reference third-party standards and certifications, such as UL, ULC, IEEE, or BACnet. We are not responsible for third-party content and do not endorse it, and third-party marks belong to their owners.
23. Disclaimers
In plain language: The website itself is provided as is.
The Site is provided on an “as is” and “as available” basis. We do not warrant that the Site will be uninterrupted, error-free, or secure, or that the content on it, including specifications, lead times, and described certifications, is complete or current. Warranties for the Products themselves are addressed in Section 16.
24. Limitation of Liability
In plain language: Our total liability is capped, and we are not responsible for indirect or consequential losses.
To the fullest extent permitted by law, we are not liable for any indirect, incidental, special, consequential, or punitive damages, or for lost profits, revenue, data, or business, arising out of or relating to the Site or the Products, even if we have been advised of the possibility of such damages. Our total liability arising out of or relating to the Site or any order will not exceed the amount you paid us for the Product or order that gave rise to the claim. Some jurisdictions do not allow certain limitations, in which case these limitations apply to the maximum extent permitted.
25. Time to Bring Claims
To the extent permitted by law, any claim or action arising out of or relating to the Site or an order must be brought within one (1) year after the cause of action accrues, after which it is permanently barred.
26. Indemnification
You agree to indemnify and hold us and our members, officers, employees, and agents harmless from any claims, losses, and reasonable legal costs arising from your breach of these Terms, your misuse of the Site, your violation of law, or any claim that Customer Materials you provided, or Products built to your specifications, caused the liability or infringe the rights of a third party.
27. Force Majeure
We are not liable for any delay or failure to perform caused by events beyond our reasonable control, including transportation, vendor or material procurement, labor actions, government action, natural events, and similar contingencies. The occurrence of such an event relieves us of performance to the extent we are affected.
28. Governing Law and Disputes
In plain language: Michigan law governs these terms, and disputes are handled in Michigan courts.
These Terms are governed by the laws of the State of Michigan, USA, without regard to its conflict-of-laws rules, and excluding the United Nations Convention on Contracts for the International Sale of Goods. You agree that the exclusive venue for any dispute is the state or federal courts located in St Clair County, Michigan, and you consent to the personal jurisdiction of those courts.
29. General
These Terms, together with your quote and order, form the entire agreement between us on this subject and supersede prior discussions about it. If any provision is held unenforceable, the remaining provisions stay in effect. These terms and conditions can only be modified by a writing signed by an authorized representative of Spec IQ. Our failure to enforce a provision is not a waiver of it. You may not assign your rights without our consent, and we may assign these Terms as part of a merger or sale of our assets. Section headings are for convenience only.
30. Contact Us
Spec IQ LLC
2014 Holland Ave., Unit 494, Port Huron, MI 48060, USA
Email: [email protected]
Customer Service hours: 7:30am to 4:00pm EST, Monday to Friday.
Technical Support hours: 8:00am to 4:30pm EST, Monday to Friday.