GENERAL TERMS AND CONDITIONS OF SALE

 

Texture, Inc.'s ("Texture") general terms and conditions of sale, including and not limited to, are listed below:

 

PRICES
All prices are net, FOB Syosset, NY; freight is calculated separately. Texture reserves the right to change prices without prior notice. Prices should be checked with our corporate office or the nearest showroom prior to ordering.

TERMS
Full payment, including freight and any other miscellaneous itemized charges, is required prior to shipment unless credit has been established. If terms are established, payment is due on or prior to the due date listed on the invoice. Payments not received on or before their due date are subject to a late fee of 6% of the invoice amount (including without limitation any previously assessed but unpaid late payment fees). In case of collection, any and all collection costs will be for the account of the customer. Returned/ bounced check fee is $20 per check.

ORDERING
A written purchase order is requested. Telephone orders are accepted; however, Texture will accept no responsibility for merchandise or quantity discrepancies on telephone orders. Fabric name and color must be included in the order. If necessary, please specify cut lengths required for fabrics. Please specify face or back for reversible fabrics. Fabric is sold in multiples of 1/2 yards with a 3 yard minimum per fabric. At Texture's discretion, and for in-stock fabrics, the minimum per fabric maybe waived to 1 yard and a $20 cut fee will apply to each fabric ordered in quantities less than the minimum.

Orders are subject to acceptance with issuance of written order acknowledgments which are final and binding. Our order acknowledgments will include an anticipated delivery date. Orders may only be changed prior to shipment by written request. All such requests are subject to Texture's ability to conform. Additional material, labor, administrative and/or other costs may be charged.

SHIPPING
Complete shipping instructions as to carrier and routing should be included with the order. If no routing is specified (or if "best" routing is requested) Texture will select an appropriate carrier and will quote/invoice such shipping charges to the customer.

As inventory levels can fluctuate due to allowances or shortages, Texture will work with the customer to adjust cut lengths as necessary. Such circumstances may delay the release of goods for shipping. We reserve the right to make partial shipments as fabric is available.

CANCELLATIONS
Orders cannot be canceled without the written consent of Texture. For in-stock fabrics, a cancellation charge of up to 25% of the total amount of the order may be applied. Orders requiring a deposit for which deposit has been received are non-cancelable without forfeiture of entire deposit.

CLAIMS
No claim may be made after a fabric has been cut or finished. Claims must be made in writing within 2 weeks from date of receipt of fabric. Texture will not be responsible for any costs other than those billed by Texture.

RETURNS
No fabrics may be returned without Texture's prior written consent. Unauthorized returns will not be accepted. Fabric pieces less than 10 yards are not returnable. For non-faulty merchandise, a restocking/ handling charge of 25% of the net merchandise amount will be charged on all approved returns, which must have a Texture Return Goods Authorization form attached. Freight charges for returns are not reimbursable.

QUALITY
Fabric is not guaranteed against fading, wearing, dimensional change or any other physical changes in appearance.

LIMITATIONS
Variations in dyes, dye lots, yarns and spinning lots may cause variations between samples and inventoried/ shipped fabric. A cutting of current stock can be requested along with the purchase order. All weights and dimensions are approximate.

Professional dry-cleaning only is recommended except where noted.

Texture offers third party finishing services at an additional charge, and may bill the client for shipping to the finisher and to the final destination. These orders are not returnable. Texture will not be responsible for any variations as a result of the specified elective finish. 

SAMPLES
Memo samples are available on loan and must be returned within 30 days or a charge of $15 per sample will apply. All sample books are on loan and the property of Texture and Texture may request that these be returned at its sole discretion.

RESERVES
Reserves are good for two weeks and may be placed on fabric in stock; reserves against incoming stock will be accepted at Texture's discretion.

TESTING
If testing information is required which is not contained herein, please contact our corporate office. Additional charges may apply for such testing.

CUSTOM ORDERS

Texture will develop custom colors and/or designs. Custom orders will be accepted at Texture's discretion if sufficient time and minimum yardage requirements are met.

All custom orders require a written purchase order and a non-refundable 50% deposit to begin production. All custom orders are subject to a maximum of 10% overage on the production run; adjustments will be made on the final invoice.

Custom orders may not be canceled or returned. Texture's ability to produce a custom design or color once does not guarantee Texture's ability to produce it in the future, which should be taken into account when calculating attic stock. Please contact our corporate office for additional information.

DESIGNS
All Texture designs are copyrighted by, and remain the sole property of Texture. Licensing agreements maybe available; please contact our corporate office for additional information.