General: Customer agrees to be bound by all terms/conditions herein. Customer’s acceptance shall be
demonstrated by receipt and acceptance of merchandise ordered by Customer or it’s agent or receipt of a copy of
Order Confirmation from Regal Drapes LLC (“Seller”) together with these terms/conditions. All terms/conditions
herein shall survive for six years after the invoice date.
Return Policy: Merchandise cannot be returned unless written authorization is
provided as described herein.
Authorizations:
Customers must pay the full amount of any invoice, unless they have a valid written Credit Memo issued by
Seller. An unauthorized deduction shall grant Seller the option to impose an unauthorized deduction fee of 25%
of the amount of the unauthorized deduction or $250, whichever is greater, for each deduction. A valid written
Credit Memo from Seller is the only authorized deduction.
Merchandise cannot be returned without a valid written Return Authorization from Seller. Seller may, at its
option, at any time after the return of merchandise, impose a restocking fee of 25% of the net invoice cost of
the returned merchandise.
Damaged/Defective Merchandise:
If upon delivery, Customer discovers damaged/defective merchandise, to be eligible for a Return Authorization
YOU MUST:
Indicate on the Bill of Lading or Shipping Invoice the type of damage/defect, the item number and items
damaged or defective;
Initial the items specified in (i) above on the Bill of Lading or Shipping Invoice;
Contact Seller by phone or facsimile within two (2) hours of receipt of merchandise if during a business
day or within the first four (4) hours of the next business day.
Seller will not issue credit for or authorize return of damaged/defective product if such damage or defect
could have been discovered upon reasonable inspection at time of delivery. Seller may, in its discretion,
issue a Credit Memo/Authorization for such items.
Order Cancellations:
Customer MUST notify Seller in writing of any order to be cancelled. If cancelled more than 48 hours after
placed, Seller may, at its sole option, impose a cancellation fee of the greater of up to 25% of the net amount
of the goods originally ordered, or $250.
Customer may NOT cancel an order, must accept delivery and make full payment after production has begun.
Production begins when Seller has begun manufacturing or placed non-cancelable commitments to fulfill the
order. If Seller can cancel with a fee or penalty, Seller may allow Customer to cancel and pay the fee. Seller
shall have no obligation to mitigate damages.
Order Modifications: Customer must notify Seller in writing of any order to be modified. An order is
subject to 5 above, if it reduces the original invoice by 20% or more. Seller may impose a change order fee of the
greater of 25% of the change or $250.00 per change.
Payment Terms: Invoices must be paid in full pursuant to the terms on the invoice.
Delivery: Customer shall bear the risk of any loss, deterioration or damage for the goods from the
time they leave the premises of Seller.
Late Payment Fees: A late payment fee of 1.5% per month will be charged on any overdue balance. The
invoice date, NOT the date of receipt of merchandise, determines the age of an invoice. The date payment is
credited against an invoice by Seller, NOT the date of issuance/delivery of the payment, governs when payment is
received by Seller.
Limitation of Liability: Customer agrees that it’s exclusive legal remedy against Seller is the
total amount paid on an invoice.
Warranty: Seller does not make any express or implied warranties, including, but not limited to,
the implied warranties of merchantability and fitness for a particular purpose and shall not guarantee the color,
shape, size or weight of the merchandise.
Miscellaneous: The failure of Seller to enforce any term/condition against a customer shall not be
a waiver of its right to enforce.
Legal: This writing is intended by the parties to be a final, exclusive and complete expression of
their agreement and its terms. The terms may only be changed by a writing signed by both parties. Past practice
shall not modify any terms herein.
If Seller is required to initiate legal action to collect any sums due and owing, Customer shall pay any and
all costs of suit, including reasonable attorneys fees. These costs shall not be less than 25% of the total due.
This agreement shall be binding upon and inure to the benefit of the parties, their successors and assigns.
Customer waives the defense of personal jurisdiction and hereby consents to jurisdiction in Morris County, New Jersey.
This Agreement shall supercede and control any issues concerning UCC 2-207.
