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TERMS & CONDITIONS

 

FABRIC CUT ORDERS

For less than a Full Roll, we will cut to your exact requirements.

FABRIC ROLL ORDERS

We reserve the right to ship and invoice up to 10% over your requirements.

FABRIC ORDERS OVER 500 YDS.

Please call or e-mail us for special pricing. We offer discounts on large quantity purchases. Ph: 201-549-1000 or [email protected].

CUSTOM ORDERS

We require a 50% deposit on all custom and special orders.

RETURNS POLICY (FABRIC)

Returns are not accepted after 30 days of shipping date. Returns are not accepted for cut fabric or partial fabric rolls, custom/special orders for fabric or fabrication orders. Restocking Charge: A 25% restocking charge will be deducted on all accommodation returns (non-defective merchandise). A credit will be issued based on the invoice price, excluding shipping and handling, less the 25% restocking fee.

All accommodation returns due to incorrect size, color, quantity, duplicate order, not as pictured or described, must be pre-paid by the customer. Once approved Dazian will issue a call tag for merchandise pick up.

PRODUCT RETURNS (Non-Fabric)

Unless defective, if opened and used, product returns will be handled on a case-by-case basis. This applies to all products on our website that are available for purchase. All damaged or defective merchandise returns are subject to inspection at a Dazian facility before a credit will be issued.

Dazian will absorb the cost of return shipping for damage/defective merchandise returns. All accommodation returns (non-defective merchandise) must be pre-paid by the customer.

Any damage incurred by the shipping carrier must be received and so noted on the bill of lading. Please e-mail us pictures to [email protected] with a signed copy of the damage noted on the Bill of Lading, so that we may process your return. Once approved, Dazian will issue a call tag with the respective freight carrier to pick up the merchandise. The freight carrier will pick up from the customer’s location, but the customer must be present at the time of pick up.

STOCK ORDERS

All orders for in-stock items usually ship within 24-48 hours. If an item is out-of-stock, you will be notified by a Dazian customer service representative within 48 hours. We do not ship on Saturdays, Sundays or Holidays. Please allow for an additional 24-48 hours for orders received on weekends. Dazian cannot be held responsible for the performance of any 3rd party shipper. To contact us with questions regarding shipping, please call us at 201-549-1000 or e-mail us at [email protected].

AVAILABILITY

All stock items are subject to availability and may be discontinued without notice.

PRICE AND SPECIFICATION CHANGES

All prices and specifications are subject to change without notice. Website prices are the most current prices and should be considered correct.

PAYMENT TERMS

Terms: PayPal, American Express, Discover, MasterCard and Visa are accepted. Credit cards will be charged at time of purchase, including deposits on special orders.

Sales Tax:Applicable sales tax will be charged unless a valid resale or tax exempt certificate is received or on file when your order is placed.

Re-Sale Certificates:Please call 1-201-549-1000 and speak to a sales representative to properly process your re-sale certificate request. Re-sale certificates cannot be accepted online.

SHIPPING

F.O.B. Point: Our F.O.B. points are our warehouses in NJ, FL and CA, unless otherwise specified.

Shipping Charges:Our selling prices do not include shipping charges, unless otherwise specified. All shipping will be charged to the customer, based on their order at check out.

FREIGHT CARRIERS

Web Sales are shipped via UPS for orders less than 300 lbs. and 108” x 14’ x 14’ gross dimensions. Packages over these dimensions will be shipped via freight. Shipping charges will be added at check out. Cut fabric and samples less than 25 yards may be folded for shipping. Unless otherwise specified, we will ship your order UPS Ground. We will make every effort to accommodate the carrier of your choice, but cannot be responsible for their delivery or performance.

FLAME RESISTANCE CERTIFICATES

At your request we will provide you with Flame Resistance Certificates including test method and level of compliance. Many municipalities require special information, so please indicate the location with your request.

FLAME RESISTANCE WARRANTIES

Dazian only warrants that its fabrics, if so specified, pass the NFPA 701 Small Scale test and CSFM Title 19 (CA 1237SS) test when shipped from our facilities. This is not a guarantee of flame resistance, as Dazian cannot be responsible for how a customer utilizes the fabric, environmental conditions at place of use, any physical alteration, change or added processing to the fabric, including, but not exclusively, printing, sewing, painting, backing, spraying, coating or any other similar application. Flame Resistance is also not a guarantee that a fabric will not ignite into flame and burn. Our products, when specified, meet the standards set forth by NFPA 7.01 Small Scale and CSFM Title 19 which define the parameters of flammability.

LOCAL ORDINANCES

It should be noted that Fire Prevention regulations are often covered by local ordinances and are enforced by either the local Fire Marshal or Building Inspector. Criteria for acceptability can be different from the standards set forth by NFPA 701 Small Scale and CSFM Title 19 and will supersede this standard. Please check with your local Fire Prevention authority on your design and fabrics to be used prior to purchasing, as Dazian cannot be held responsible for any rejections by local authorities. Continuing Guarantee under the Textile products Identification Act has been filed with the Federal Trade Commission. We guarantee that the textiles fiber products specified herein are not misbranded nor falsely nor deceptively advertised or invoiced under the provisions of the Textile Identification Act and rules and regulations there under.

TYPOGRAPHICAL ERRORS

Typographical errors occur from time to time in both pricing and product information. Dazian has the right to refuse any order placed for product(s) listed at the incorrect price, availability or specification.

STANDARD TERMS

1. Terms:
On Customer Purchase Orders (as defined below) or other proposed agreements for the manufacture and/or sale of goods (“Goods”) by Dazian, LLC and any of its affiliated companies (collectively “Dazian”) to a customer (“Customer”) are subject to Dazian’s acceptance, in writing, and are not binding unless and until, so accepted. These Standard Terms (“Standard Terms”) are applicable to all orders for the manufacture and/or purchase of Goods, quotations, schedules or ancillary agreements concerning the manufacture or sale of Goods, of any nature (collectively, the “Purchase Order”), and are the only terms and conditions that apply to the manufacture and/or sale of Dazian’s Goods, except those specifically set forth in any Purchase Order and accepted in writing by Dazian. Any term or condition or standard of performance different from or in addition to these Standard Terms, whether set forth on the Purchase Order or otherwise proposed by Customer, must be agreed to, in writing, by Dazian in advance, and in the event of any conflict or inconsistency, between these Standard Terms and any Purchase Order or other document proposed by Customer, these Standard Terms will control. Customer agrees that Customer’s submission of a Purchase Order to Dazian or Customer’s acceptance of any Goods provided by Dazian shall constitute Customer’s irrevocable acceptance of these Standard Terms.

2. Prices:
Prices for the Goods set forth in the Purchase Order, unless otherwise stated in writing, do not include taxes (as set forth in Section 14 of these Standard Terms), transportation or shipping charges, special packaging or other services unless otherwise set forth in the Purchase Order. Orders will be billed at the prices in effect at the time of the shipment. Prices are all quoted in denominations of United States’ Dollars. Unless otherwise stated in writing, prices as quoted by Dazian are firm for thirty (30) days after the date of the Quote/Bid. The price for custom items not in the price list will be quoted by Dazian on a job-by-job basis. A 50% deposit is required for all custom orders and the remaining 50% payment shall be made prior to shipment unless credit terms have been agreed to. Dazian reserves the right to correct any error in prices.

3. Customer Inspection:
Upon Customer’s receipt of shipment, Customer shall immediately inspect the Goods. Unless Customer provides Dazian with written notice of any claim for shortages of or patent defects in the Goods within five (5) days after receipt of shipment, such Goods shall be deemed finally received, inspected, checked and accepted by Customer.

4. Fabric & Track:
Cut fabric orders (less than full roll) will be cut to the nearest full yard. When purchasing a full roll or more of fabric up to a ten percent (10%) over/under is allowed. Some exceptions apply. Curtain tracks are priced and sold by the foot. Contact Dazian for more information at [email protected].

5. Dye Lots:
Fabrics may have color variations from their web or catalog pictures due to dye-lot variations and computer or mobile screen settings. Customer is advised to order a free sample to view actual texture and color before ordering. Variations do occur, however, and commercially acceptable matches are considered the industry standard for acceptability. If a specific custom color is required, then Customer must submit a 6 inch square color sample with the Purchase Order or request. Lab-Dips (small sample) of custom dye lots are available at an additional fee. Large order quantities may come from multiple dye lots, which may result in normal shade variations. Dazian shall not be liable for commercially acceptable color variation. All fabric samples remain the property of Dazian. We reserve the right to recall any samples, and to update and service our accounts without prior written permission.

6. Delivery/Risk of Loss/Transportation/Insurance/Packaging/Freight Allowance:
a. Dazian shall use reasonable commercial efforts to make delivery of Goods or perform services within the time requested on Customer’s Purchase Order. In absence of written shipping and packing instructions from Customer, Dazian shall use its own discretion in choice of carrier and method of packing. Unless otherwise agreed to by the parties, all shipments are F.O.B. the original shipping point. and risk of loss shall pass to the transportation carrier at such time as possession of Goods is given to the transportation carrier. Unless otherwise agreed to in writing by the parities, Dazian has no obligation to obtain insurance for Customer covering Goods in transit to Customer. ANY AND ALL CLAIMS FOR LOSS OR DAMAGE TO GOODS IN TRANSIT MUST BE MADE TO THE DELIVERING CARRIER AND NOTED ON THE DELIVERY RECEIPT.

b. Prices stated are based on Dazian’s standard packaging. Packaging will be standard commercial packaging and acceptable to a common carrier. Special customer packaging will be furnished only when specified and so stated in writing and Dazian will charge Customer and Customer will be responsible for the charges for the special packaging.

c. Freight charges are based upon F.O.B. shipping point. All products sold by Dazian may be combined for freight charges.

7. Force Majeure:
Dazian will not be liable or otherwise responsible for any damage, loss, fault, or expenses arising out of delays in manufacturing, shipment or other non-performance of any Purchaser Order caused or imposed by: strikes, fires, disasters, riots, acts of nature; intervention of government, war or threat of war, acts of terrorism, conditions similar to war, sanctions, blockades, embargoes; acts of Customer; shortages of labor, fuel, power, materials, supplies, transportation, or manufacturing facilities; governmental action, subcontractor delay or any other cause, condition or circumstance beyond Dazian’s reasonable control (collectively, “Force Majeure”). If there is a delay or nonperformance due to Force Majeure, then Dazian may, at its option, and without liability, revoke all or any portion of its acceptance of the customer’s purchase order and/or extend any date upon which any performance thereunder is due.

8. Limitation of Liability:
DAZIAN WILL IN NO EVENT BE LIABLE FOR ANY CONSEQUENTIAL, SPECIAL, INCIDENTAL, INDIRECT OR PUNITIVE DAMAGES TO ANY PERSON OR ENTITY, WHETHER BASED UPON BREACH OF WARRANTY, NEGLIGENCE, STRICT LIABILITY, TORT, BREACH OF CONTRACT OR ANY OTHER LEGAL OR EQUITABLE THEORY, REGARDLESS OF WHETHER THE REPLACEMENT OR REFUND REMEDY SET FORTH ABOVE FAILS OF ITS ESSENTIAL PURPOSE OR FOR ANY OTHER REASON WHATSOEVER. “CONSEQUENTIAL DAMAGES” FOR PURPOSES HEREOF SHALL INCLUDE, WITHOUT LIMITATION, LOSS OF USE, INCOME OR PROFIT, OR LOSSES SUSTAINED AS THE RESULT OF INJURY (INCLUDING DEATH) TO ANY PERSON OR LOSS OR DAMAGE TO PROPERTY (INCLUDING, WITHOUT LIMITATION, PROPERTY HANDLED OR PROCESSED BY THE USE OF THE GOODS).

9. Safety Information:
Dazian has supplied or made available to Customer certain information relating to safety conditions and procedures concerning the Goods that are the subject of the Purchase Order, and Customer acknowledges receipt thereof and further acknowledges that it has reviewed and understands same.

10. Trademarks and Copyrights:
This site is owned and operated by Dazian LLC. Unless otherwise specified, all materials appearing on this site, including the site design, logos, graphics, icons, text, and images, as well as the selection, assembly and arrangement thereof, are the sole property of Dazian LLC. ALL RIGHTS RESERVED. You may use the content of this site only for the sole purpose of educating yourself to Dazian products, shopping on this site or placing an order on this site and for no other purpose. No materials from this site may be reproduced, modified, copied, republished, uploaded, posted, transmitted, or distributed in any form or by any means without Dazian’s prior written permission. All rights not expressly granted herein are reserved. Any unauthorized use of the materials appearing on this site may violate copyright, trademark and other applicable laws and could result in criminal or civil penalties. All icons, logos, custom graphics and service names are registered trademarks, trademarks or service marks of Dazian LLC. All other trademarks or service marks are property of their respective owners. The use of any Dazian trademark or service mark without Dazian’s express prior written consent is strictly prohibited. The purchase of Goods from Dazian does not entitle Customer to use, register, or otherwise identify Customer or its business with the name, trademark, service mark or other identity of Dazian without express written permission from Dazian. All such marks and goodwill associated with such marks remain the sole and exclusive property of Dazian.

11. Taxes:
Unless otherwise specifically provided on the face of any order, invoice or quotation for Goods, the price for the Goods purchased is net and does not include sales, use, excise or similar taxes, whether tariffs, duties, special assessments. The amount of any such taxes, tariffs, duties and special assessments applicable to the Goods shall be paid by Customer in the same manner and with the same effect as if originally included in the purchase price.

12. Source of Goods:
Customer hereby recognizes, acknowledges and agrees that the Goods (and any components therein) provided for rental, manufacture and/or sale by Dazian may originate with Dazian or be obtained under purchase, license or other means from a third party. Dazian has the right to rent or sell such Goods and any such Goods shall be treated the same under these Standard Terms as any Goods originating from Dazian.

13. Additional Charges:
If substitute or additional Goods, or repair parts, are purchased by Customer from Dazian, the provisions of these Standard Terms shall be applicable to such purchase, the same as if such substitute or additional Goods or repair parts had been originally purchased hereunder.

14. Entire Agreement:
These Standard Terms, together with the terms and conditions contained in Dazian’s invoice or quotation, constitute the entire agreement between Dazian and Customer with respect to the matters contained therein, and supersedes all prior oral or written representations, proposals, correspondence, discussions, negotiations and agreements. No course of prior dealings, acceptance or acquiescence in a course of performance and no usage of the trade shall be relevant to supplement, explain or modify any terms contained herein. All representations, promises, warranties or statements by an agent or employee of Dazian that differ in any way from the terms and conditions hereof shall be given no effect or force. No waiver or alteration of terms herein shall be binding unless in writing signed by an executive officer of Dazian with authority to make such waiver or alteration.

15. Priority:
In the event of any inconsistency among the provisions in these Standard Terms or the Purchase Order, precedence shall be given first to these Standard Terms, and second, to the special terms and conditions contained on the face of the Purchase Order and accepted, in writing, by Dazian.

16. Governing Law:
The sale of Goods pursuant to the Purchase Order shall be subject to and construed in accordance with the laws of the State of New Jersey without giving effect to any choice or conflict of law provision or rule (whether of the State of New Jersey or any other jurisdiction). Jurisdiction, process and venue for any action, suit or claim arising between the parties shall be in the courts of the State of New Jersey and the Federal Courts of the United States located in New Jersey. The parties irrevocably consent and submit to the personal jurisdiction of said courts and agree not to challenge or assert any defense to the jurisdiction of said courts including, without limitation, forum non conveniens. The parties hereby exclude the application of the United Nations Convention on Contracts for the International Sale of Goods.

17. Severability:
If any provision of these Standard Terms is deemed invalid or unenforceable by any court of competent jurisdiction or under any statute, regulation, ordinance, executive agreement or other rule of law, such provision shall be deleted or modified, at the election of Customer and Dazian, but only to the extent necessary to comply with such ruling, statute, regulation, ordinance, agreement or rule, and the remaining provisions of these Standard Terms and the Purchase Order shall remain in full force and effect.

18. Non-Waiver:
No change, modification or waiver of any provision of these Standard Terms shall be valid or binding unless it is accepted by Dazian in writing. A waiver by either party of any breach or failure to enforce any term or condition of these Standard Terms shall not in any way affect, limit or waive such party’s right at any time to enforce strict compliance with that or any other term or condition of these Standard Terms.

19. Binding / Non-Assignment:
This contract shall be binding upon and shall inure to the benefit of the successors, and permitted assigns of Customer and Dazian, provided, however, that Customer may not assign any portion of its rights or delegate any portion of its obligations hereunder or under any Purchase Order without in each instance obtaining Dazian’s prior written consent. Any attempted assignment by Customer or assignment by Customer of this contract without Dazian’s prior written consent is void.

20. Dazian’s Performance Excused Upon Customer’s Breach:
In addition to the rights and remedies conferred upon Dazian by law and/or in equity, Dazian shall not be required to proceed with the fulfillment of any Purchase Order or the performance of any contract if Customer is in default in the performance of any order or contract with Dazian, and in cases of doubt as to Customer’s financial responsibility, shipments under this order may be suspended or sent sight draft with bill of lading attached by Dazian. Additionally, in the case of subsequent orders or, in the case of open Purchase Orders, Dazian is not required to proceed with the fulfillment of any subsequent order or perform such open Purchase Order if Customer is in breach with regard to any prior fulfilled orders, including, without limitation, non-payment.

21. Dazian’s Performance Excused For Financial Condition:
In addition to the rights and remedies conferred upon Dazian by law and/or in equity, Dazian shall not be required to proceed with the fulfillment of any Purchase Order or the performance of any contract if Customer: (i) files a petition in bankruptcy, is insolvent, or seeks relief under any similar law related to its financial condition, or (ii) if any person files an involuntary petition in bankruptcy against Customer or seeks relief under any similar law related to Customer’s financial condition, unless such involuntary petition is dismissed or relief is denied within thirty (30) days after it has been filed or sought.

22. Warranty Policy:
STANDARD WARRANTY: Dazian LLC warrants that its Fabrics and Fabricated Products will perform in accordance with accepted industry standards when used under normal conditions, with proper maintenance, and for the specific end use that the Fabric/Fabricated Product was designed and engineered, for a period of 5 years from date of purchase. We guarantee each shipment to be of 1st quality and produced to industry standards. Dazian’s warranty will be limited to a refund of the purchase price, replacement of the fabric with a mutually agreed upon alternative, or Dazian repairs or alterations to Fabricated Products that were sold to the customer. The total value of the warranty is limited to the original invoice amount for the product

WARRANTY EXCLUSIONS: Any physical alteration, change or added processing to the fabric by the customer, including but not exclusively, printing, sewing, painting, backing, spraying, coating, gluing, will void this warranty. This warranty shall be null and void and does not apply to any product or part thereof that in Dazian’s sole judgment has been subject to misuse, neglect, alteration, abuse, accident, acts of God, acts of war, weather, fabricated or installed improperly by the customer, or maintained in a manner not recommended by Dazian. Light transmission, color fastness (fading), and micro-organism growth due to poor air circulation are not warranted, unless specifically outlined in a separate provisional warranty.

CLAIMS: Any claim made under this warranty shall be made in writing by registered mail to the address below, no later than 30 days following the discovery of the alleged defect. Failure to notify Dazian within the thirty day period following the discovery of any defect shall render the warranty null and void. Dazian shall be entitled to inspect the product in order to take timely and appropriate action. In the event Dazian is denied access to inspection of material for alleged defects, this warranty shall be null and void.

LIMITATION OF WARRANTY AND LIABILITY: THIS WARRANTY IS THE WARRANTY WITH RESPECT TO THE PRODUCTS, AND SUPERSEDES ALL OTHER REPRESENTATIONS OR WARRANTIES, UNLESS SUBSEQUENT WARRANTIES ARE EXPRESSLY WRITTEN AND AGREED TO BY DAZIAN. DAZIAN EXPRESSLY DISCLAIMS ANY IMPLIED WARRANTIES OR MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE. DAZIAN SHALL NOT BE LIABLE FOR ANY LOSS OF PROFITS OR REVENUE, LOSS OF USE OF EQUIPMENT OR FACILITIES, COST OF CAPITAL, OR FOR ANY OTHER SPECIAL, INDIRECT, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY NATURE RESULTING FROM OR IN ANY MANNER RELATING TO THE PRODUCT COVERED HEARBY, THEIR DESIGN, USE, ANY INABILITY TO USE THE SAME, OR ANY DELAY IN THE DELIVERY OF THE SAME. THE SOLE AND EXCLUSIVE REMEDY AND THE LIMIT OF LIABILITY WITH RESPECT TO ANY DEFECTIVE PRODUCTS SHALL BE THE REPAIR, CORRECTION, AND/OR THE REPLACEMENT THEREOF, PURSUANT TO THE FOREGOING PROVISIONS.

 

Any questions, inquiries or claims under this Warranty shall be directed to:
Dazian LLC
89 Leuning Street – Unit D2
South Hackensack NJ 07606

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