All Deposits are non-refundable upon signature of this order since all orders are custom-made to your measurements and specifications. Consequently, there can be no provision for return of deposit if you have “changed your mind” or some circumstance has changed.
Under normal circumstances please expect delivery of your order in approximately 6-8 weeks. Further delays if fabric ordered is out of stock. Delivery of the goods shall be at Customer’s address shown above unless otherwise specified in writing.
- TERMS OF PAYMENT
Payment is due at the time the order is placed and is non-refundable. Unless otherwise expressly agreed, payment must be by cash, check or credit card, provided however, that if payment is by check or credit card, such payment is subject to Seller’s receipt of good funds prior to release of the goods.
- ACCEPTANCE, RETURN & TAILORING OF GOODS.
It is Customer’s responsibility to inspect delivered goods for conformance with order and report and claims in writing to Seller within ten (10) days of the date of delivery. In the event the goods do not conform to applicable warranties or specifications and proper notice is received, the liability of Seller and Customer’s sole exclusive remedy shall be limited to replacement or substitution of the non-conforming goods, exclusive of any labor or delivery charges. Unless goods are returned for breach of warranty or specification, Seller is under no obligation to accept a return of the goods. Seller is not responsible, assumes no liability for Customer’s weight gain or loss, Customers change in body mass, proportion, posture or other change in Customer’s measurements or specifications since the date of the order. From time to time, alterations are necessary to assure the proper Customer fit and satisfaction. Proper alteration is guaranteed, provided, however, proper alteration cannot be made unless Customer is measured or fitted by a qualified tailor chosen by Seller at the tailor’s premises. Final alterations cannot be performed at Customer’s home or office, proper mirrors and equipment need to be available. Seller will endeavor to locate a convenient tailor who is qualified and Customer must be fitted by such tailor within 30 days of written notification or Seller shall have no further responsibility to alter goods and Customer shall be deemed to accept “as is,” without further alteration.
All items that are manufactured by Seller on behalf of Customer are warranted to be free from defects in material and workmanship and to materially conform to the requested specifications and measurements, listed on the other side of this form. Seller is not responsible and assumes no liability for variances in samples or dye dots between actual manufactured product and fabric style pictured, portrayed or described in any brochure, advertisement, catalog, or promotion. Seller makes no warranty with respect to any goods manufactured by another person. Warranties on such goods, if any, shall be limited to those made by the manufacturer and any claims concerning such goods shall be directed to the manufacturer. NO OTHER WARRANTY, EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, IS MADE WITH RESPECT TO THE GOOD COVERED BY THE ORDER.
- LIABILITY FOR DELAYS.
Seller shall not be liable to Customer for unavailability of chosen fabric or for any delays in manufacturing, shipping, or delivering the goods, caused by any act of God, including fire, hurricane, tornado, flood, frozen precipitation of any kind, or by any other circumstances beyond the control of the seller, including fire, strikes, disputes with workers, accidents, war, insurrection, riot, civil commotion, inability to secure transportation or fuel, governmental interference or regulation, delays in transportation or other contingences beyond Seller’s control.
- CHOICE OF LAW.
The laws of the State of Georgia shall govern all matter relation to this sale.
Neither delay nor lack of enforcement of any of these terms and conditions shall preclude Seller from enforcing any kind of all of them. IN NO EVENT SHALL SELLER BE LIABLE IN CONTRACT OR IN TORT OR UNDER ANY OTHER LEGAL THEORY FOR INCIDENTAL, INDIRECT, SPECIAL, OR CONSEQUENTIAL DAMAGES, REGARDLESS OF WHETHER INFORMED ABOUT THE POSSIBLITY OR PROFITABLITY OF SUCH DMAGES, AND NO MATTER THE CIRCUMSTANCES AND IN NO EVENT SHALL THE LIABILITY OF SELLER EXCEED AN AMOUNT EQUAL TO THE SALES PRICE OF THE GOODS SOLD HEREUNDER.