Terms of service

Terms and Conditions of Sale

New Com Metal Products Group, LLC, DBA CustomNEMAEnclosures.com
Effective Date: September 1, 2026

1. CUSTOM FABRICATION — ALL SALES FINAL
New Com Metal Products Group, LLC, DBA CustomNEMAEnclosures.com ("we," "us," "our") manufactures custom UL Listed metal enclosures built to NEMA type ratings, to customer specifications. Because each enclosure is specially fabricated to order, ALL SALES ARE FINAL. No refunds, returns, or exchanges are permitted except as provided in Sections 8, 9, and 16 and in our Return and Refund Policy. Customers understand and agree that custom-made products cannot be resold or restocked.

2. ORDER ACCEPTANCE AND CONFIRMATION
Placement of an order does not constitute acceptance by us. All orders are subject to acceptance at our sole discretion. We will confirm receipt of your order by email and provide an order confirmation with specifications, pricing, and estimated lead time. You are responsible for reviewing the order confirmation for accuracy. If specifications or pricing are incorrect, you must notify us within 24 hours of receiving the confirmation.

3. SPECIFICATIONS AND PRODUCT SELECTION
Customers are responsible for providing accurate specifications. We will fabricate enclosures according to customer-provided specifications, and any errors, omissions, or ambiguities in those specifications are the sole responsibility of the customer. The customer is solely responsible for selecting an enclosure suitable for its application, including the correct NEMA type rating for the installation environment. Any information we provide about NEMA ratings or applications is general guidance only and is not engineering advice. We recommend that customers have designs reviewed by a qualified engineer before ordering.

4. INSTALLATION, ELECTRICAL WORK, AND FIELD MODIFICATIONS
Enclosures must be installed by qualified personnel in accordance with the National Electrical Code (NEC), applicable local codes, the structural requirements of the mounting location, and good industry practice. The customer and its installer are solely responsible for selecting appropriate mounting surfaces, anchors, fasteners, pads, and supports capable of safely supporting the enclosure and its contents.

Our enclosures are empty metal housings. All electrical components, wiring, and equipment installed in or connected to the enclosure are selected, installed, and connected by others. The customer and its installer are solely responsible for proper grounding and bonding of the enclosure and all equipment within it, and for all electrical work performed on or in the enclosure.

We are not responsible for any property damage, personal injury, electrical shock, or death resulting from: (a) improper installation, mounting, or anchoring of the enclosure, including an enclosure that falls, tips, or detaches; (b) improper installation, wiring, grounding, or bonding of electrical components or equipment in or connected to the enclosure; (c) field modifications to the enclosure; or (d) installation, service, or maintenance by anyone other than qualified personnel.

NEMA type ratings and UL Listing apply to the enclosure as manufactured and shipped. Any field modification, including drilling, cutting, punching, welding, or adding fittings, openings, or hardware not supplied by us, may compromise the NEMA rating and UL Listing and voids the warranty. Maintaining the rating after installation, including using properly rated fittings and sealing methods, is the installer's responsibility.

5. ENCLOSURE ONLY; DIMENSIONS AND TOLERANCES
Our products are empty metal enclosures and related accessories. We do not supply, install, or warrant any electrical components, wiring, or equipment placed inside the enclosure. Dimensions are subject to standard sheet metal fabrication tolerances of [±1/16"] unless otherwise agreed in writing. Minor variations in finish or appearance that do not affect form, fit, or function are not defects.

6. PAYMENT, LEAD TIMES, AND DELIVERY
Payment is due in full at the time the order is placed. Estimated lead times are approximations only and are not guaranteed. Lead times begin upon full payment and final design confirmation. We are not liable for delays caused by supply chain issues, material availability, production scheduling, carriers, or any circumstances beyond our reasonable control. All orders ship FOB Destination, freight prepaid and added or included. Title and risk of loss pass to the customer upon delivery to the shipping address on the order, or when the customer or its carrier picks up the order at our facility. Shipping procedures and damage reporting are governed by our Shipping Policy.

7. LIMITED WARRANTY
We warrant that enclosures will be free of defects in materials and workmanship and will conform to the specifications on the order confirmation for a period of 30 days from delivery. This warranty does not cover damage caused by shipping, improper installation, misuse, field modifications, environments beyond the enclosure's rated NEMA type, or normal wear and tear. Damage that occurs in transit is not a warranty claim and is handled under our Shipping Policy.

DISCLAIMER: EXCEPT AS EXPRESSLY PROVIDED ABOVE, AND TO THE FULLEST EXTENT PERMITTED BY LAW, WE MAKE NO OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. The customer is solely responsible for determining whether the enclosure is suitable for its intended application.

8. WARRANTY CLAIMS
To make a warranty claim, the customer must notify us in writing within 30 days of delivery, with photographs and a description of the defect. Claims must be made before the enclosure is installed, modified, or placed into service. We reserve the right to inspect any claimed defective enclosure before authorizing a remedy. If we confirm a defect, we will first attempt to repair it, which may include having the enclosure returned to our facility, repaired, and shipped back to the customer, at our expense. At our discretion, we may replace the enclosure instead. If the defect cannot be corrected, we will refund the price paid for the enclosure after it is returned to us, excluding original shipping charges, taxes, and any installation or labor costs. Repair, replacement, or refund as described here is the customer's sole remedy.

9. CANCELLATION AND ORDER MODIFICATION
Orders may be cancelled only before fabrication begins. Cancellation requests must be submitted in writing. If a cancellation is approved, any refund will be issued at our sole discretion, less any time and materials expended prior to cancellation. Once fabrication has begun, orders cannot be cancelled.

Order modifications (changes to specifications, dimensions, materials, finishes, etc.) are not permitted after the 24-hour review period in Section 2. Later modification requests will be treated as a cancellation of the original order and placement of a new order.

10. LIMITATION OF LIABILITY
TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT SHALL WE BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOST PROFITS, LOST REVENUE, LOST BUSINESS OPPORTUNITY, BUSINESS INTERRUPTION, PROJECT DELAYS, LABOR OR INSTALLATION COSTS, BACKCHARGES, OR DAMAGE TO EQUIPMENT HOUSED IN THE ENCLOSURE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. OUR TOTAL LIABILITY FOR ANY CLAIM ARISING FROM THIS AGREEMENT SHALL NOT EXCEED THE AMOUNT PAID FOR THE ENCLOSURE IN QUESTION.

11. INDEMNIFICATION
The customer agrees to defend, indemnify, and hold harmless New Com Metal Products Group, LLC and its owners, employees, and agents from and against any and all claims, lawsuits, damages, losses, and expenses, including reasonable attorneys' fees, arising from or related to: the customer's selection, specification, modification, installation, or use of our products; the installation, wiring, grounding, or bonding of any electrical components or equipment in or connected to our products; or any work performed by the customer, its contractors, or installers. This obligation applies to claims for property damage, personal injury, and death, including claims brought by third parties.

12. SAFETY WARNINGS
The customer agrees to pass along all safety warnings, labels, and installation requirements we provide to its installers, end users, and any subsequent purchaser, and not to remove or obscure warning labels on the enclosure.

13. NEMA, UL, AND CODE COMPLIANCE
All enclosures are UL Listed and are manufactured to meet the NEMA type rating specified in the order. We do not warrant that enclosures will meet any other specific electrical, environmental, or performance standards. It is the customer's responsibility to verify that the enclosure meets all applicable local, state, and federal codes and regulations for its intended application.

14. BUILD AMERICA, BUY AMERICA (BABA)
BABA-compliant products and documentation are available only when specifically requested in writing and confirmed by us before production. We make no domestic content representations for orders placed without this confirmation.

15. INTELLECTUAL PROPERTY
The customer retains ownership of all designs and specifications provided to us and confirms that it has the right to use them. We retain ownership of all manufacturing processes, tooling, and know-how used in fabrication. The customer grants us the right to use its designs and specifications solely to manufacture the ordered enclosures. We will not publish or share customer designs without the customer's written permission.

16. PRICES AND QUOTATIONS
All quoted prices are valid for 30 days from the quote date. Quotes do not include shipping, taxes, or additional charges. Prices are subject to change without notice. We reserve the right to adjust pricing for material cost increases, supply chain disruptions, or scope changes, and any additional costs will be disclosed before order confirmation. We reserve the right to cancel any order containing a pricing error, in which case any payment will be refunded in full.

17. TAXES AND FEES
The customer is responsible for all applicable sales, use, and other taxes unless a valid tax exemption certificate is provided before order placement. We will add applicable taxes to the invoice if not exempted.

18. DISPUTE RESOLUTION
These terms are governed by the laws of the Commonwealth of Massachusetts, without regard to its conflict of law principles. Any disputes arising from this agreement are subject to the exclusive jurisdiction of the state and federal courts located in Suffolk County, Massachusetts. By placing an order, the customer agrees to submit to the personal jurisdiction of these courts.

19. ENTIRE AGREEMENT
These Terms and Conditions, together with our Return and Refund Policy and Shipping Policy as posted on our website at the time of order, constitute the entire agreement between us and the customer regarding the sale of custom enclosures. They supersede all prior or contemporaneous communications, representations, and agreements, whether written or oral. If these Terms and Conditions conflict with either policy, these Terms and Conditions control. Any modifications must be in writing and signed by our authorized representative.

20. SEVERABILITY
If any provision of these Terms and Conditions is found to be invalid or unenforceable, the remaining provisions shall remain in full force and effect.

21. CONTACT INFORMATION

For questions or concerns regarding these Terms and Conditions, please contact:

New Com Metal Products Group, LLC

CustomNEMAEnclosures.com

40-C Teed Drive, Randolph, MA 02368