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Terms and Conditions...

General Information/Terms/Conditions of Sale
Ordering Information
Order all Almost®, fabrics and leathers by pattern name, color number and color name. All purchase orders must be sent in writing, either by FAX, mail or e-mail. Confirming orders sent in the mail must be clearly marked to avoid duplication. Orders for goods in stock will be shipped within two days of credit approval. Backordered goods will be acknowledged with best possible shipping date. This acknowledgement is a final expression of the agreement between the customer and Paul Brayton Designs. Modifications to any order are required in writing. Acceptance of cancellations or modifications is at the discretion of Paul Brayton Designs.

Enter leather orders for the square footage amount required. At the time of shipping, full hides will be selected to come as close as possible to the square footage amount ordered, without shipping under the amount ordered. Leather is a natural product and hides vary in size. Overage in quantity should be expected and will be invoiced accordingly.

Every effort is made to ship Almost® and fabric in full pieces; however, production methods and inventory control may require shipment of order in multiple pieces.

Minimum Order
Minimum order size for Almost® and fabrics is one (1) yard and in 1/8 yard increments thereafter. Minimum order for Almost Suede® is 1 yard and in 1 yard increments thereafter. Minimum order size for leather is one (1) full hide and is ordered by the square foot.

Special Color Match
Minimum order size for special color match Almost® products is 250 yards. Minimum order size for special color match fabrics is 100 yards. Special color match orders are sold to the full bolt and overage should be expected. Minimum order size for special match leather is 500 square feet. A 50% deposit is required before production begins on special color matches. Orders are non-cancelable.

Terms and Credit
Paul Brayton Designs submits each order to The CIT Group/ Commercial Services, Inc. for credit approval. CIT Commercial Services' decision is binding and anyone not approved will be issued a proforma acknowledgement/invoice, including freight, via fax and a follow-up copy sent by mail. Upon receipt of payment, order will be shipped. Shipment may be held until checks have cleared our bank. Paul Brayton Designs' terms are net 15 with credit approval. All prices are FOB High Point, NC and do not include shipping charges. We reserve the right to cancel or change credit terms and may request advance payment at any time.

Shipping
Our standard method of shipping is two-day service, which we prepay and add. Refer to the freight chart for charges. Upon request, we will ship in accordance with the customer's instructions. Unless specifically requested in writing to ship complete, Paul Brayton Designs may make partial shipments. All shipments are F.O.B. High Point, NC.

Paul Brayton Designs cannot be held liable for any delay or failure to deliver due to strikes, lockouts, or other labor difficulties, failure or delay of the sources of supply, transportation difficulties, accidents, fire, acts of God, or any other causes of like or unlike nature beyond Paul Brayton Designs' control.

Additional charges incurred for address corrections, C.O.D. charges and Saturday deliveries will be added and are the full responsibility of the customer. Refer to freight section of the price list for these charges. Additional freight fuel surcharges may apply.

Color Variations
Variations in dye lots cannot be avoided. If an exact color match is required, request a cutting for your approval with your purchase order, realizing this may delay order shipping.

Almost®, Crypton®, Fabric and Leather Maintenance
Follow manufacturer’s instructions available from Customer Service for each.

Claims
All claims against Paul Brayton Designs (including all facts), such as shortages or errors, must be made in writing and directed to Paul Brayton Designs within ten (10) days after delivery. Failure to make such claims against Paul Brayton Designs within such ten (10) day period shall constitute acceptance of the merchandise and waiver of any such shortages, errors or other claims. Cutting or marking of Almost®, fabric or leather will be deemed acceptance of the yardage or leather square footage, and waiver of all defects, shortages and errors.

Returns
Returns are accepted at the discretion of Paul Brayton Designs. No merchandise may be returned without Paul Brayton Designs' consent in advance. Any returns must be in accordance with Paul Brayton Designs' shipping instructions and accompanied by a return authorization number. Return merchandise must not be marked or cut and must be rolled on a tube. Folded or creased goods will not be accepted. Credit will not be issued unless the merchandise is received at Paul Brayton Designs within thirty (30) days after return authorization is issued. Shipment must be returned prepaid. There is a 35% restocking charge issued on all authorized returns. No returns will be accepted on special colors, special treatments, or any type special processing of fabric or leather.

Warranty
Paul Brayton Designs' merchandise is produced in accordance with Paul Brayton Designs' high standards. Paul Brayton Designs does not guarantee, warrant or accept any responsibility whatsoever by reason of its Almost®, fabrics or leathers fading, wearing, cracking, shrinking, stretching, tearing, seam slippage, alteration in color due to any finish treatment (flameproofing, stain repellent, etc.), or discoloration from liquid contact. Paul Brayton Designs is not responsible for dye lot differences or discrepancies in the widths of fabrics. Paul Brayton Designs does not guarantee, warrant or represent an exact color match to cuttings, tabs, memos, or sample cards. Paul Brayton Designs does not warrant exact matching of color or grain of leather. Leather hides may contain certain natural marks, scars, scratches, wrinkles, shade variations, etc. within hides, considered by leather tanneries and Paul Brayton Designs to be inherent characteristics of leather. Paul Brayton Designs considers these characteristics part of the natural beauty of leather and the size or location of such markings cannot be controlled.

In any event, upon inspection by Paul Brayton Designs, Paul Brayton Designs' responsibility shall be limited to either replacement of merchandise or refund of purchase price at Paul Brayton Designs' option. The foregoing constitutes the sole and exclusive remedy of the customer. Paul Brayton Designs is not responsible for the application or installation of our products. In no event shall Paul Brayton Designs be responsible for any consequential damages or any changes, costs, expenses, or obligations other than expressly herein set forth.

Paul Brayton Designs makes no other warranties, expressed or implied, as to any product sold by Paul Brayton Designs. All other warranties (including any warranty of merchantability or fitness for any particular purpose) are hereby excluded.

Trademark
The name Paul Brayton Designs, and its products named Almost®, are registered trademarks. Crypton® is a registered trademark of Hi – Tex, Inc. Elmosoft ® is a registered trademark of Elmo Leather, Inc. Any infringement of these names is illegal.

JULY 2004