Textile: Terms & Conditions
Textile: Trading Terms & Conditions
Textile: Product Warranty
Textile: Sustainablity Statement
Website Terms & Conditions
TEXTILE: TERMS & CONDITIONS
These Sales Order Terms and Conditions (these “Terms”) govern all Textile purchases from Paul Brayton Designs LTD (“Seller”). Buyers of Seller’s goods agree to be bound by these Terms. PRICES: Orders will be billed at prices in effect at the time of order acknowledgment. Prices are exclusive of sales tax and shipping charges. TERMS AND CREDIT: Upon approved credit, general payment terms are Net 15. Other forms of payment include Pro-forma Invoices payable by check or accepted credit card. We reserve the right to cancel or change credit terms and may request advance payment at any time. You may contact Customer Service for a credit application: email@example.com..ORDERING INFORMATION:
To place orders, or for other general information please contact Paul Brayton Designs Customer Service. Monday through Friday, 8:00am – 5:30 pm, Eastern time.
All purchase orders must be sent in writing, either by e-mail, fax, or mail. Confirming order copies sent in the mail must be clearly marked to avoid duplication. Modifications to any order are required in writing. Acceptance of cancellations, and order modifications, are at the discretion of Paul Brayton Designs.ORDER CANCELLATIONS:
Cancellation requests will only be considered if in writing. We will not cancel custom orders, specially processed orders or orders that have been cut to ship.MINIMUM ORDER:
Minimum order size for woven and non-woven fabrics is (1) linear yard. Coated fabrics (Almost, vinyl, polyurethanes) are sold in full yard increments. Woven textiles are measured and sold in eighths. Every effort is made to ship in one continuous roll, however, production methods and quality control may require shipment of order in multiple pieces according to acceptable industry practices.
Minimum order size for leather is one (1) full hide and is sold by the square foot. Leather needs to be ordered for the total square footage amount required by the manufacturer. At the time of shipping, full hides will be selected to come as close as possible to the square footage amount ordered. Leather is a natural product and hides vary in size. Overage in quantity should be expected and will be invoiced accordingly.RESERVES:
Only fabrics stocked in High Point, NC can be reserved for 10 business days. Fabrics stocked at our manufacturing warehouses cannot be reserved without a purchase order. Reserved fabrics will be released for orders in hand, giving client holding the reserve first right to purchase within 24 hours.SPECIAL COLOR MATCH:
ALMOST® - Minimum order size for custom color match is 250 yards with no upcharge. 100 yards may be acceptable with an upcharge. Lead time for strike off, approximately 2 weeks and a production time of 4-5 weeks after approval. Woven textiles -Minimum order size and lead times for special color match fabrics vary by mill. Please inquire with customer service: firstname.lastname@example.org. Custom orders are sold in full rolls and overage should be expected up to 10 percent to assure minimum quantity is achieved. Leather- Minimum order size for special match is 500 square feet (approximately 10 hides). A 50% deposit is required before production begins on special color matches with balance due prior to shipment. All custom orders are non-cancellable and will require strike offs and possibly extended lead times.SHIPPING:
Sellers standard method of shipping fabric is two-day service, prepay and add. Refer to the freight chart for charges. Upon request, Seller will ship in accordance with Buyer’s instructions. Unless specifically requested in writing to ship complete, Paul Brayton Designs may make partial shipments. Seller reserves the right to drop ship from our manufacturing mills direct to Buyer. Mills may not cut yardage, drop ship orders are in full rolls only.DELIVERY TIME:
Orders for goods in stock will be shipped within two days of payment or credit approval. Backordered goods will be acknowledged with best possible shipping date. This acknowledgment is a final expression of the agreement between the Buyer and Seller. Seller shall not be responsible for any loss or damage caused by delays beyond our control, including but not limited to acts of God, flood, war, government action, accident, labor trouble or shortage or inability to obtain material, equipment or transportation. If resulting delay occurs, shipments may be suspended and resumed upon removal of such cause.
Additional charges incurred for address corrections after shipment, C.O.D. charges, and Saturday deliveries will be added and are the full responsibility of the customer. Additional freight surcharges may apply and will be added to the Invoice.PAYMENT TERMS:
Seller reserves the right to request 50% deposit with order; balance due prior to delivery. If the buyer elects to pay by credit card, Seller will add a convenience fee of 2.75% of the Net Order for individual transactions of $2,500 or more.CLEANING AND MAINTENANCE:
See Cleaning and MaintenanceCLAIMS:
All products should be examined carefully for accuracy and quality before cutting. All claims against Seller (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 any textile or leather will be deemed acceptance of the yardage or square footage, and waiver of all defects, shortages and errors. Under no circumstances will Paul Brayton Designs be responsible for labor charges.RETURNS:
Returns for first quality goods are accepted at the discretion of Seller. No merchandise may be returned without Seller’s consent in advance. Any returns must be in accordance with Paul Brayton Designs' shipping instructions and accompanied by a Return Goods Authorization Number (RGA). Return merchandise must not be marked or cut and must be rolled on a tube in good condition. 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 RGA 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 of special processing of fabric or leather.TRADEMARK:
The name Paul Brayton Designs® and its product Almost® are registered trademarks.GOVERNING LAW, JURISDICTION:
These terms and conditions shall be governed and construed in accordance with the Uniform Commercial Code as enacted in the State of North Carolina and other applicable laws of the State of North Carolina. Buyer agrees that the Federal Court of North Carolina, Randolph County, North Carolina shall have the exclusive jurisdiction to hear and determine any claims or disputes between Buyer and Seller, pertaining directly or indirectly to any goods supplied pursuant to the terms and conditions herein contained. Buyer expressly submits and consents in advance to such jurisdiction and any action or proceeding commenced in such courts. The exclusive choice of jurisdiction set forth herein shall not be deemed to preclude the bringing of any action by Seller for enforcement by Seller of any judgment or for any other remedies.LIMIT OF LIABILITY:
Seller’s liability for damages to Buyer for any claim whatsoever, regardless of the form of action (whether in contract or tort, including negligence), shall be limited to actual damages, which in no event shall exceed the amount paid to Seller for the goods. Seller shall have no liability to Buyer (or any person or entity claiming through Buyer) for lost profits, loss of revenue or for incidental, special or exemplary or consequential damages and these are hereby waived by Buyer.MISCELLANEOUS:
No terms or conditions other than those stated in this Agreement shall be binding on the Seller unless such modification or additional terms are made in writing and executed by the Seller. The terms and conditions of this Agreement shall take precedence over any different or conflicting terms in any other documents. Acceptance by Seller of Buyer’s order is expressly limited to the terms and conditions contained in this Agreement. If any provision of these Terms is deemed unlawful, void, or for any reason unenforceable, then that provision will be deemed severable from the Terms and will not affect the validity and enforceability of the remaining provisions. The invalidity in whole or in part of any provision hereof shall not affect the validity of any other provision. Except where a remedy is expressly stated to be the exclusive remedy, the rights and remedies of Seller shall be cumulative and in addition to any other rights or remedies provided by applicable law or equity. The rights and obligations of Buyer shall be Buyer hereunder may neither be assigned nor delegated without the prior written consent of Seller. The proceeding Terms and terms of payment set forth in the order acknowledgement and invoice represent the entire agreement between Buyer and Seller relating to the subject matter herein. The rights and obligations of these terms and conditions will survive the cancellation, termination, completion and/or fulfillment of any order hereunder.
TEXTILE: PRODUCT WARRANTY®
PAUL BRAYTON DESIGNS TEXTILE PRODUCT WARRANTY
This warranty is issued by Paul Brayton Designs, a North Carolina Corporation, located in Archdale, North Carolina
Paul Brayton Designs' textiles, leathers and faux leathers are designed to meet or exceed industry standards for heavy duty contract usage. This warranty does not cover damage or loss due to improper use, abuse, handling, storage, maintenance or application of any finish treatments after shipping by Paul Brayton Designs.
To CUSTOMER, Original purchaser only: Paul Brayton Designs agrees to guarantee its products by category as outlined below.Woven Textiles:
All products are covered by our five (5) year limited warranty. This warranty covers our products for five (5) years from date of shipment for the original purchaser. All products can be expected to perform satisfactorily given proper maintenance and normal usage, not including misuse and abuse.Almost®:
All products are covered by our ten (10) year limited warranty. This warranty covers our products for ten (10) years from date of shipment for the original purchaser. All products can be expected to perform satisfactorily given proper maintenance and normal usage, not including misuse and abuse.Faux Leathers (Polyurethane; Vinyl):
All products are covered for three (3) years under our limited warranty. This warranty covers our products for three (3) years from date of shipment for the original purchaser. All products can be expected to perform satisfactorily given proper maintenance and normal usage, not including misuse and abuse.Leather:
All products covered by our five (5) year limited warranty. This warranty covers our products for five (5) years from date of shipment for the original purchaser. All products can be expected to perform satisfactorily given proper maintenance and normal usage, not including misuse and abuse. Leather hides may contain natural marks, scars, scratches, wrinkles, shade variations, etc. within hides, considered by leather tanneries and Paul Brayton Designs to be inherent characteristics of leather.Color Matching:
Paul Brayton Designs does not guarantee, warrant or represent an exact color match to cuttings, memos or sample cards. In any event, upon inspection by Paul Brayton Designs, responsibility will be limited to either replacement of merchandise or refund of purchase price at Paul Brayton Designs’ option. 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, expense, 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.
TEXTILE: SUSTAINABILITY STATEMENT
Paul Brayton Designs includes a vast collection of faux options that are PVC and Phthalate Free, including nylon matrix constructions, polycarbonate and vinyl.
Our textile patterns include many with post-consumer recycled content, sourced primarily from used plastic water bottles, natural fibers such as wool without added FR, and responsibly manufactured polyester blends.
We support the Healthier Hospital Initiative through our offering of tested products that meet the goals of the Safer Chemicals Challenge, and comply with all Prop 65 warnings where applicable.
We partner with U.S. based yarn suppliers and mills for more than 95 percent of our textiles, primarily on the east coast within 500 miles of our facility. Our finishers are in North Carolina where we stock and ship all of our line.
Paul Brayton Designs actively encourages our own staff to eliminate waste, reduce water and paper consumption, avoid pollution, conserve energy and use responsible manufacturing practices. We meet or exceed all federal, state and industry requirements and actively strive to increase awareness and participation in improvement efforts towards sustainable practices.
For more information or to request test reports please contact us at email@example.com.
WEBSITE TERMS & CONDITIONS
This site is provided “as is” and “as available” and without warranties of any kind. To the fullest extent permissible under applicable law, we specifically disclaim all warranties, express or implied, including without limitation the warranties of merchantability, fitness for a particular purpose, and non-infringement. We make no representation or warranty whatsoever regarding the completeness, accuracy, correctness, integrity, reliability, currency, adequacy, suitability, functionality, availability, or operation of this site or the content or services provided on, or accessible from, this site. We do not warrant that the operation of this site will be uninterrupted or error-free, that defects will be corrected, or that this site or the server that makes it available are free of viruses or other harmful components.LINKS:
Within this Site, you may see links or references to other websites. We undertake no obligation to review the websites that may be linked to this Site, do not endorse, and are not responsible for the accessibility of, or the resources available on, any other websites linked to this Site. You are solely responsible for any interactions you may have with such websites. You may cite, refer or link to this Site provided that you:
- Link to the homepage of this Site only.
- Do not replicate the content of this Site.
- Do not create a browser or frame environment around the content of this Site.
- Do not imply that we endorse your company or its products.
- Do not misrepresent your relationship with us.
- Do not present false information about us or our products or services.
- Do not use our stylized trademarks or logos unless you first get our written permission.
- Do not cite, refer or link to the Site in connection with any content that violates any law or rights of any person, is false, misleading, defamatory, pornographic, or offensive, or could be construed as inappropriate for certain age groups.
In no event will we be liable for any direct, indirect, special, incidental, or consequential damages arising out of or in connection with the use or inability to use this site (or the content or services provided on, or accessible from, this site), or otherwise, even if we have been advised of the possibility of such damages. Neither we nor our related companies will be liable for the completeness, accuracy, correctness, integrity, reliability, currency, adequacy, or suitability of the content or services provided on, or accessible from, this site.AVAILABLITY:
The content on this Site is subject to change without notice. This Site may be unavailable from time to time due to mechanical, telecommunication, software, hardware and third-party vendor failures. We cannot predict or control when such down time may occur and cannot control the duration of such down time.COPYRIGHT AND TRADEMARK INFORMATION:
All textual, graphical, audio-visual and other content appearing on this Site are the property of Paul Brayton Designs, a North Carolina company. The Site and all content on this Site are provided for lawful purposes only. By accessing and using this Site, you agree to abide by U.S. and international copyright law and all other laws applicable to the use of this Site. You are authorized only to view, copy, disseminate, print, and use content on this Site so long as
- the content is used for internal business purposes or for personal, non-commercial or educational use
- no textual, graphical, or other content available from this Site is modified in any way, and
- Do not create a browser or frame environment around the content of this Site.
- any copy of the content of this Site (or portion thereof) includes the applicable copyright, trademark or other proprietary rights notice.
All brand, product, service and process names appearing on this Site are trademarks of their respective holders. Reference to or use of a brand, product, service, or process does not imply recommendation, approval, affiliation, or sponsorship of that brand, product, service, or process by Paul Brayton Designs. Nothing contained herein shall be construed as conferring by implication, or otherwise any license or right under any patent, copyright, trademark, or other intellectual property right of ours or any third party, except as expressly granted herein.
This Site uses various technologies to passively collect information from you while you are visiting (that is, you do not actively provide this information). Such technologies allow the Site to collect a range of information, including your Internet Protocol (IP) address (a unique identifier automatically assigned to your computer when logging onto the Internet), the type of Web browser and operating system you use, the date and time you visit the Site, the specific pages you visit on the Site, session identifiers assigned to your visit and the address of the website you visited before coming to this Site – all of which are non-personally identifiable information. We typically use such passively collected information for a variety of purposes, such as to administer the Site, customize the Site to your preferences, and compile aggregated statistics for marketing and research purposes. We reserve the unrestricted right to use this passively collected, non-personally identifiable information, including, but not limited to, selling, leasing, permitting access to, or otherwise transferring it to our affiliates, business partners, advertisers, dealers, and other third parties.Information Collection - Active:
Our policy is to only store data which is relevant and needed to complete business transactions with our clients, customers and suppliers, providing transaction history for a period of time relevant to that business, some data may be required to be held longer than others for legal, insurance or employment records. We will not supply any data to third parties ( other than for the delivery of goods where address & contact details will need to be issued to a nominated courier in order to fulfill orders placed ), the data we collect is to be solely used for the purposes of business transactions between ourselves, our customers and our suppliers. We will store data only relevant to the purpose of doing business, this will include contact names, addresses, email addresses, telephone numbers and other information freely issued by you in order to communicate on matters of business, we will not issue any of these details to any third party other than for legal reasons if requested by a relevant legal body or Government entity.
We will cease making contact with you on your instruction immediately if you choose to decline us the right to stay in touch and delete any historical information, other than that which we are required to keep for reasons of insurance or law. We will aim to complete all deletion of agreed records within one Month of being notified. If you wish to decline us the right to stay in touch and have any personal details (in accordance with the above statement) deleted, please contact us at: firstname.lastname@example.orgE-Mail Delivery:
The Site may ask you to provide your e-mail address so that you can receive e-mail newsletters, alerts, or reminders about us and other topics of interest. If you no longer wish to receive such e-mails, please follow the “unsubscribe” instructions included in such e-mails or contact us at: email@example.comInformation Maintenance:
We take reasonable measures to ensure that personally identifiable information that we collect from you via this Site is accurate, current, complete, and reliable for its intended uses. If you wish to update or otherwise correct personally identifiable information you have provided to us, please contact us with correct information by sending an email with correction to: firstname.lastname@example.orgProtection of Information:
Although we take steps to protect personally identifiable information you provide via this Site from loss, misuse, or unauthorized alteration, this and any web site is dependent upon mechanical and technological processes that are not 100% secure or error-free. Therefore, while we make conscientious and reasonable efforts to prevent compromise of our policy, we do not, and cannot, guarantee the security or accuracy of the information we collect via this Site, and you acknowledge that you are assuming the risk in transmitting any information to us.CHANGES TO THIS POLICY: