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TERMS AND CONDITIONS
The following Terms and Conditions form the final purchase agreement between Customer and Mushaboom Textile Design for the purchase and sale of the merchandise and/or services listed hereon irrespective of any different terms and conditions heretofore specified in any quotation, invoice, purchase order, price list or otherwise.
Mushaboom Textile Design accepts Customer’s offer to purchase on the terms and conditions stated herein, subject to the absence of any mathematical, typographical, or transcriptive error or other deviation from the Mushaboom Textile Design Purchase Order. Customer shall be deemed to have accepted all terms and conditions hereof, despite any additions, deletions or changes to the terms and conditions of any offer from Customer or any previous agreement, if
the goods and services are accepted by Customer, or if Customer does not within ten (10) days from the invoice date deliver written notification to Mushaboom Textile Design of Customer’s specific objection to a term, condition or provision contained hereon.
Prices are subject to change, and Mushaboom Textile Design reserves the right to discontinue any pattern, colour, or substrate without prior written notice.
Ordering
Customer agrees to pay for all items as per the Mushaboom Textile Design Customer Invoice including design fees, product fees, taxes, insurance, shipping costs, delivery and storage, handling, and packaging as detailed on the Customer Invoice. If shipping is delayed after the order has been processed customer may be required to pay additional fees for handling and storage.
Payment terms are 50% deposit at time of order with the balance due before shipping, unless otherwise arranged with Mushaboom Textile Design prior to each order (project).
Custom orders cannot be processed until we are in receipt of the Mushaboom Textile Design Project Measurement form. and Custom Design Approval form.
Mushaboom Textile Design may require field-verified measurements at our discretion. These may be waived provided that the customer submit written verification that the actual site dimensions do not deviate more than two inches from the dimensions provided to Mushaboom Textile Design.
For woven products, overage of 10-20% are applicable on all custom products.
Orders are processed as per the information submitted with the Project Measurement form and Mushaboom Textile Design cannot be held liable for any errors on said form. Any changes to the measurements that occur during the course of the project must be submitted to Mushaboom Textile Design in a timely manner. If the order has been filled additional charges may apply in order to meet the needs of the measurement changes. Delays in order processing may result if changes are made to the order after it has been placed.
Any changes that deviate from the Mushaboom Textile Design quote will be treated as a change order and may be subject to additional fees. A revised quote ,including a revised timeframe, if applicable, will be provided by Mushaboom Textile Design at the time the request is made.
Confirmed orders may not be cancelled without the written consent of Mushaboom Textile Design. Approved cancellations are subject to a 25% cancellation fee. No cancellations can be accepted once the project has been printed.
Lead Time
The lead time for custom design work will vary depending on the size and complexity of the artwork and project. Mushaboom Textile Design will work with you to evaluate your project and submit a Design Quote which will detail the design fees, design lead-times, and production fees for your custom design project. Production lead-times will be quoted when your order is placed but typically 4-6 weeks should be planned for print projects and 6-8 weeks for woven projects.
Mushaboom Textile Design will do it’s best to accommodate shorter deadlines; a Rush charge may have to be applied at our discretion.
Proofs and Colour Matching
Mushaboom Textile Design may provide you with print-outs during the design process but are only for sketch purposes. Only Production Proofs or Swatches using the final substrates, inks, yarns and/or processes for the project will be accepted as the standard for approvals for orders and quality control.
Mushaboom Textile Design will do our best to match custom colours that you provide us with but due to differences in substrates, inks, yarns, production processes, and installation lighting conditions, a perfect match may not be possible. The Production Proof supplied to you and approved by you prior to the order being filled will be used by Mushaboom Textile Design as the standard for matching and quality control.
Installation
For Wallcovering, depending on the chosen substrate, overage may added to each project to allow for double-cutting of the seams between panels and to allow trimming around the normal irregularities found at wall edges. The standard double-cutting overlap between panels is 2”. The standard trimming overage is 4” extra in height and length (as defined by Mushaboom Textile Design in reference to the Project Measurement Form).
It is the customer’s responsibility to determine code compliance confirmation if a product is ultimately used in a way other than was originally intended by Mushaboom Textile Design (ie. an upholstery fabric used as a wallcovering).
Custom Projects
In the case of Customer provided artwork, quotes allow for one round of revisions to artwork or colour initially submitted to Mushaboom Textile Design. AMushaboom Textile Design Copyright Permission form must accompany the order.
In the case of Custom Artwork developed by Mushaboom Textile Design the Mushaboom Textile Design Quote will state the number of revisions included in the cost of developing the Custom Artwork.
Complex projects, as determined by Mushaboom Textile Design, may require the direct communication between Mushaboom Textile Design, the installer, and the end-user. Mushaboom Textile Design will furnish detailed installation diagrams to the wallcovering installer and advise the appropriate sequence of panel installation, as needed. Mushaboom Textile Design is not responsible for the improper installation or installation that deviates from the recommendations provided in the installation diagrams. Mushaboom Textile Design is available for on-site consultation at the request of the customer and the discretion of Mushaboom Textile Design. While on-site expenses will be quoted in advance, you will be billed for the actual expenses incurred during the on-site visit.
Intellectual Property
All Mushaboom Textile Design designs are protected by Canadian and foreign copyrights owned by Mushaboom Textile Design. The purchase of anyMushaboom Textile Design product does not grant the purchaser license or any other right to use designs independent of the materials themselves, or for any other derivative uses, without prior written approval from Mushaboom Textile Design. The name ‘Mushaboom Textile Design’ is a trademark of Mushaboom Textile Design. Any unauthorized use of Mushaboom Textile Design designs, or of the ‘Mushaboom Textile Design’ mark, will be prosecuted as infringements.
Mushaboom Textile Design maintains full rights on all artwork and / or designs produced for custom projects.
Quality and Claims
All Mushaboom Textile Design products are carefully inspected and securely packaged prior to shipping from our manufacturing locations and are accepted as such by the carrier. Mushaboom Textile Designs liability ceases when shipments are delivered to the transportation company. Mushaboom Textile Design is not responsible for loss or damage incurred in transit or storage. Before accepting the goods from the carrier, Customers should inspect the shipment carefully.
Loss or visible damage should be noted on the delivery slip. All claims, including those for concealed damage, must be filed with the carrier within five (5) days of delivery.
Claims against Mushaboom Textile Design for defects, shortages, or errors must be filed with Mushaboom Textile Design in writing within ten (10) days of delivery. Failure to make such a claim shall constitute acceptance of the product and a waiver of all defects, shortages or errors. Mushaboom Textile Design is not responsible for any claims against defects, shortages or errors once the products have been cut or installed nor for errors made at the time of installation.
Because all products are made to order no returns except for production (printing or weaving), errors will be accepted. All requests for return authorization should be directed to your Mushaboom Textile Design Sales Representative. No returns will be accepted without a written authorization.
All returns must be received within 30 days from the issue of a return authorization for credit to be processed.
Slight variations in colour and repeat may occur as no two dye lots or weavings are exactly the same. All Mushaboom Textile Design products are matched to commercial standards.
Warranties vary depending on the substrate chosen for your project but in general apply to print or woven production only. Mushaboom Textile Design is not responsible for labour charges at installation, improper installation, installation of incorrect goods (those not approved or confirmed by the customer), problems arising from defects in construction, surface, or preparation of the wall or for product failure due to improper use of the product such as use of inappropriate cleaning methods. It is against Mushaboom Textile Designs policy to accept claims for any labour charges.
Delays and Force Majeure. Mushaboom Textile Design shall not be liable for any delay or inability to deliver merchandise ordered when such a delay is directly or indirectly caused by the client, any government action, statute or regulation; strikes or labour difficulties; delay or failure or usual sources of supply or shortages of materials, labour, fuel or supplies; transportation difficulties, fire, flood, or other natural calamity, accidents, war, riots, acts of God, or any other causes beyond Mushaboom Textile Designs’ reasonable control.
Guarantees
Mushaboom Textile Design products are designed for a specific end use and are engineered to perform satisfactorily under reasonable commercial conditions. We guarantee each shipment to be of first quality and produced to industry standards.
Satisfactory performance of Mushaboom Textile Design wallcovering products that have been properly installed, maintained, and subjected to normal use for five (5) years from date of purchase.
Satisfactory performance of Mushaboom Textile Design upholstery products that have been properly installed, maintained, and subjected to normal use in a “single shift” environment for five (5) years from date of purchase.
Mushaboom Textile Design custom products will receive the same warranty as standard products within each category.
In the unlikely event of Mushaboom Textile Design products failure to perform to commercial standards, when specified for the purpose intended, properly installed and maintained under normal conditions using appropriate cleaning agents and methods, Mushaboom Textile Design will replace said products free of charge. Mushaboom Textile Design will not be responsible for any labor costs.
Any post treatment of Mushaboom Textile Design products managed by the customer (after shipment from Mushaboom Textile Design), will void this warranty.This warranty applies only to the original purchaser of the fabric and is non-transferable.
In all cases, claims against Mushaboom Textile Design are not to exceed the cost of product replacement.
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