Welcome to Colorado Mills, LLC. By engaging our soybean and oilseed processing services, requesting processing information, or using our website, you agree to comply with and be bound by the following terms and conditions. Please read these terms carefully before proceeding.
1. Acceptance of Terms
By requesting a quote, signing a processing contract, or utilizing any services provided by Colorado Mills, LLC ('we,' 'us,' or 'our'), you ('Client,' 'you,' or 'your') acknowledge that you have read, understood, and agree to be bound by these Terms and Conditions, as well as our Privacy Policy.
These terms govern all soybean and oilseed processing projects, orders, and related services provided by Colorado Mills, LLC. If you do not agree with any part of these terms, you must not engage our services.
2. Services Provided
Colorado Mills, LLC provides comprehensive soybean and oilseed processing services, including but not limited to:
- Soybean processing services (cleaning, dehulling, crushing, and oil extraction)
- Oilseed processing (processing of various oilseeds including sunflower, canola, and other crops)
- Oil extraction and refining (production of high-quality vegetable oils)
- Meal production services (integrated meal production from processed oilseeds)
- Quality control and testing (quality assurance throughout the processing pipeline)
- Bulk storage and logistics (grain storage, inventory management, and coordination)
- Pre-processing assessment and consultation
All services are provided in accordance with applicable food safety regulations, industry best practices, and professional processing standards.
3. Processing Proposals and Contracts
Proposals:
- Processing proposals and estimates are valid for 30 days from the date of issuance unless otherwise specified.
- Proposals are based on information provided by the client and processing conditions known at the time of assessment.
- Final pricing may be adjusted based on detailed analysis, processing requirements, and unforeseen conditions.
- Acceptance of a proposal does not constitute a binding contract until a formal processing agreement is executed.
Processing Contracts:
- All processing orders require a written processing contract signed by both parties.
- Contracts will specify the scope of work, processing timeline, payment schedule, and terms of completion.
- Any changes to the scope of work must be documented through written change orders.
- Contracts may be subject to prevailing local, state, and federal business laws and regulations.
4. Processing Schedules and Timelines
- Processing schedules are estimates based on normal working conditions and resource availability.
- We will make reasonable efforts to complete processing orders within the agreed timeline.
- Delays caused by client-requested changes, unforeseen business conditions, resource shortages, or other circumstances beyond our control may extend processing timelines.
- We will notify clients promptly of any anticipated delays and work to minimize schedule impacts.
- Extended delays caused by the client (failure to provide materials, delayed decisions, etc.) may result in additional charges.
5. Payment Terms
Payment Schedule:
- Payment terms will be specified in the processing contract and typically include deposits, progress payments, and final payment.
- Initial deposits are generally required before work commences and are non-refundable once processing work begins.
- Progress payments are tied to completion milestones and must be paid within the timeframe specified in the contract.
- Final payment is due upon substantial completion and acceptance of the processed products.
- Failure to make timely payments may result in work stoppage and potential legal action.
Payment Methods:
- We accept payment via check, wire transfer, ACH, and credit cards (processing fees may apply).
- Late payments may be subject to interest charges as specified in the contract or as allowed by law.
- Mechanics liens may be filed for non-payment in accordance with state law.
6. Change Orders
- Any modifications to the original scope of work must be documented through a written change order.
- Change orders will specify the nature of the change, cost adjustments, and impact on project timeline.
- Both parties must sign change orders before the additional work is performed.
- Client-requested changes may result in additional costs and schedule delays.
- Verbal agreements or informal requests will not be considered valid change orders.
7. Client Responsibilities
Clients agree to:
- Provide accurate order information, material specifications, and necessary approvals.
- Obtain and provide all necessary documentation, unless otherwise specified in the contract.
- Make timely decisions on processing choices, methodologies, and quality requirements to avoid processing delays.
- Ensure materials are delivered and accessible during agreed working hours.
- Provide necessary material data and information for the processing work.
- Notify us promptly of any concerns or issues during the processing process.
- Comply with payment terms as specified in the contract.
- Maintain appropriate insurance coverage for materials and products during the processing period.
8. Safety and Facility Access
- Processing engagements require safety compliance and professional conduct. Clients and unauthorized personnel must respect safety and security protocols.
- We maintain comprehensive safety protocols in compliance with professional standards and industry regulations.
- Only authorized Colorado Mills, LLC personnel, subcontractors, and approved visitors may access processing facilities.
- Clients must notify us of any order-specific concerns (safety issues, quality concerns, regulatory requirements, etc.).
- We are not responsible for unauthorized access or disclosure of information by unauthorized persons.
9. Permits and Inspections
- Unless otherwise specified, clients are responsible for obtaining necessary business approvals and regulatory compliance.
- If contracted to assist with compliance, we will coordinate with relevant authorities, but cannot guarantee approval timelines.
- All work will be performed to meet or exceed applicable food safety standards and industry best practices.
- Required inspections will be scheduled and coordinated with relevant stakeholders.
- Work may be paused pending approval processes; such delays are not considered processor-caused delays.
10. Warranties and Guarantees
Processing Warranty:
- We warrant our processing services for a period of one (1) year from order completion.
- This warranty covers defects in processing workmanship, not material quality issues or normal product degradation.
- Warranty claims must be submitted in writing with appropriate documentation.
Product Warranties:
- Processing equipment and tools are covered by vendor warranties, which we will assign to the client where applicable.
- We do not extend or modify vendor warranties.
- Clients are responsible for warranty registration and claims with vendors.
Warranty Exclusions:
- Issues caused by client misuse, improper storage, or failure to maintain products properly.
- Modifications or changes performed by others after processing completion.
- Normal product degradation, market shifts, or aging of materials.
- Acts of God, natural disasters, or events beyond our control.
11. Insurance and Liability
- Colorado Mills, LLC maintains professional liability insurance, general liability insurance, and errors and omissions insurance as required by law.
- Clients are responsible for maintaining appropriate property and product insurance throughout the processing period.
- We are not liable for product issues caused by pre-existing material conditions, hidden problems, or acts beyond our control.
- Our liability is limited to the contract value of the specific processing order.
- Clients should consult with their insurance providers regarding coverage during processing engagements.
12. Subcontractors and Suppliers
- We reserve the right to hire qualified subcontractors and vendors to perform specialized work.
- All subcontractors are required to maintain appropriate credentials, insurance, and comply with our quality standards.
- We remain responsible for the quality and coordination of all subcontracted work.
- Clients may not hire or direct subcontractors without our written consent.
13. Processing Completion and Acceptance
Substantial Completion:
- Substantial completion occurs when the processing order is sufficiently complete for its intended use, even if minor items remain.
- A list of remaining items will be created and completed in a timely manner.
- Final payment (less retainage) is due upon substantial completion.
Final Completion:
- Final completion occurs when all items are resolved and the processing order is fully complete.
- Final payment and release of retainage are due upon final completion and client acceptance.
- Clients will be provided with all relevant documents, quality certificates, and product specifications.
14. Dispute Resolution
In the event of disputes arising from these terms or our services:
- Both parties agree to first attempt resolution through good faith negotiations.
- If negotiations fail, disputes will be resolved through binding mediation before a neutral mediator.
- If mediation is unsuccessful, disputes will be resolved through binding arbitration in Lamar, Colorado.
- The prevailing party in arbitration may be awarded reasonable attorney's fees and costs.
- Both parties waive the right to jury trial and class action litigation.
15. SMS Text Messaging Terms
Opt-In and Consent:
By providing your mobile phone number and opting in to receive text messages from Colorado Mills, LLC, you consent to receive transactional and informational SMS messages, which may include:
- Order status updates and processing milestone notifications
- Delivery and pickup reminders
- Schedule changes and delays
- Material intake notifications
- Payment reminders and invoice notifications
- Quality alerts and important processing information
Message Frequency and Charges:
- Message frequency varies based on project activity and your opt-in preferences.
- Standard message and data rates from your mobile carrier may apply.
- We do not charge for text messages, but your carrier's rates may apply.
Opt-Out Instructions:
- You may opt out of text messages at any time by replying "STOP" to any message.
- You will receive a confirmation message upon successful opt-out.
- After opting out, you will no longer receive SMS messages unless you re-opt in.
- Opting out does not affect your contractual obligations or project communications via other methods.
Help and Support:
- Reply "HELP" to any message for assistance.
- Contact us at info@coloradomillsco.com or (689) 308-0434 for additional support.
Data Protection:
We do NOT share your phone number or opt-in data with third parties for marketing purposes. Your SMS opt-in information is kept strictly confidential in accordance with our Privacy Policy.
16. Force Majeure
- Neither party shall be liable for delays or failure to perform due to circumstances beyond reasonable control.
- Force majeure events include natural disasters, pandemics, wars, strikes, government actions, resource shortages, and similar events.
- We will notify clients promptly of force majeure events affecting project timelines.
- Project timelines will be extended by the duration of the force majeure event.
17. Termination
Termination by Client:
- Clients may terminate the contract for convenience with written notice.
- Upon termination, clients must pay for all work completed, materials processed, and reasonable termination costs.
- Deposits and progress payments are non-refundable.
Termination by Colorado Mills, LLC:
- We may terminate the contract if the client fails to pay, refuses material access, or breaches material contract terms.
- We will provide written notice and opportunity to cure before terminating for client default.
- Upon termination for cause, all outstanding payments become immediately due.
18. Governing Law
These Terms and Conditions and all processing contracts shall be governed by and construed in accordance with the laws of the State of Colorado, without regard to its conflict of law provisions. Any legal actions must be brought in the courts of Prowers County, Colorado.
19. Modifications to Terms
We reserve the right to modify these Terms and Conditions at any time. Changes will be effective immediately upon posting to our website.
- We will update the "Last Updated" date at the top of this page when changes are made.
- For active orders, existing contracts will remain subject to the terms in effect at contract signing.
- New orders will be subject to the current terms at the time of contract execution.
- It is your responsibility to review these terms periodically for updates.
20. Severability
If any provision of these Terms and Conditions is found to be unenforceable or invalid by a court of competent jurisdiction, that provision shall be limited or eliminated to the minimum extent necessary, and the remaining provisions shall remain in full force and effect.
21. Entire Agreement
These Terms and Conditions, together with any processing contracts, proposals, and our Privacy Policy, constitute the entire agreement between you and Colorado Mills, LLC regarding the provision of soybean and oilseed processing services, superseding any prior agreements or understandings.
22. Contact Information
If you have any questions about these Terms and Conditions or our services, please contact us:
Colorado Mills, LLC
505 Hickory St, Lamar, CO 81052
Phone: (689) 308-0434
Email: info@coloradomillsco.com
Office Hours: Monday - Friday, 8:00 AM - 5:00 PM MST
By engaging our services or using our website, you acknowledge that you have read, understood, and agree to be bound by these Terms and Conditions.