ACCEPTANCE OF TERMS AND CONDITIONS OF SALE
These terms and conditions of sale shall govern this order and buyer shall be deemed to have agreed to them. Any attempt to change or add to these terms by buyer, or any conflicting terms on any correspondence, purchase order, or other form sent by buyer is hereby objected to and rejected. Buyer shall be deemed to have agreed to these terms and conditions of sale by placing an order, accepting delivery or by making payment hereunder. No oral agreement, course of prior dealings between the parties or trade usage shall amend or supplement any of the terms or conditions herein. All of the terms and conditions of this order and sale appear on this form and no additions or modifications can be made except in a writing signed by both parties that expressly references the amendment of these terms. All references herein to the “Seller” or the “Company” shall mean Endeavour Initiatives Pvt. Ltd.
MINIMUM ORDERS
Minimum order is 5 meters i.e. 5.468 yards of fabric.
The minimum order for all cut meterage is one meter for fabrics. Incremental meterage is ½ meter. Orders received for cuts other than 1/2 meter will be rounded up to the next 1/2-meter increment and billed at that amount.
PRODUCT VARIATIONS
Color will vary from piece to piece and the Company does not guarantee the dye lot. For exact match, request a viewing and reserve for approval. In the absence of such request and reserve, the Company shall have no liability for variations in color, dye lot or shade. Slight variances in color, texture and/or weave may occur. There may also be inherent imperfections in certain fibers, metals, leathers or fabrics. None of the foregoing shall be considered defects.
QUALITY LIMITATIONS
Fabrics are not guaranteed against fading, wearing or shrinkage. Professional dry cleaning is the only recommended mode of cleaning.
Due to variations in dyes, dye lots, yarns, spinning lots and weavers, shipped fabric may vary from original sample. A cutting of the current run will be sent upon request for a confirmed order.
Repeats cannot be counted on to be exact. All dimensions quoted should be considered approximate.
Fabrics, when viewed against light, cannot be guaranteed to be free of visible variations in ground texture, when so used.
All fabrics respond to changes in atmospheric conditions to some degree. It is reasonable to expect dimensional fluctuations of up to 5%.
All goods are inspected carefully prior to shipment. However certain products are naturally irregular. Slubs and variations in color and texture are inherent to the goods and as such, do not constitute flaws.
AVAILABILITY
We reserve the right without prior notice to discontinue or change specifications and prices on products and services offered on the Company's Websites. All products displayed on the Company's Websites are available while supplies last. Please confirm availability prior to purchasing any product. We reserve the right to cancel a sale and issue a return authorization for merchandise that is unexpectedly out of stock or does not conform to specifications. We reserve the right to limit the order quantity on any items without prior notice.
PLACING AN ORDER
Orders placed on the telephone must be confirmed in writing, within 3 days.
Always specify product name and number in your communication.
For fabric orders, it is useful to know the cut lengths required for Draperies and Wall-coverings. If cut lengths are not specified, Endeavour Initiatives Pvt. Ltd will not be responsible for variations in cut length compared to customer requirements.
SAMPLES
Endeavour Initiatives Pvt. Ltd provides Sample Books to its sales territories, subject to its sole discretion for the sole purpose of assisting customers in their purchasing decisions. The Sample Books remain the property of Endeavour Initiatives Pvt. Ltd., which reserves the right to charge for Sample Books or to take any other steps it deems necessary to ensure that Sample Books are used for their intended purpose.
ORDER CONFIRMATION
Orders are subject to our acceptance with issuance of formal order acknowledgements. Our orders on confirmation are final and binding.
Any subsequent requests for changes in your order pertaining to design, color, cut length, delivery schedule is subject to our ability to conform. No salesperson, agent or representative is authorized to alter the terms or conditions of sale.
On receipt of full payment the order is processed for shipment. Partial payments against any orders will not be dispatched for shipment until we receive the payment in full.
NO THIRD PARTY BENEFICIARIES
No third party shall have any rights with respect to this sale transaction, on any legal or equitable theory of reliance, contract or otherwise, and the Company shall have no liability to any such third party, including without limitation, a customer of the buyer or an end user of the Company’s products.
DISCLAIMER OF WARRANTIES; LIMITATION ON LIABILITY
UNLESS OTHERWISE EXPRESSLY OFFERED BY THE FABRIC, MANUFACTURER AND INDICATED IN WRITING BY THE COMPANY, SELLER DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE OR OF MERCHANT ABILITY. IN THE EVENT OF SELLER’S LIABILITY, WHETHER BASED IN CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, BUYER’S SOLE AND EXCLUSIVE REMEDY WILL BE LIMITED, TO REPAIR OR REPLACEMENT BY SELLER OF ANY DEFECTIVE OR NONCONFORMING GOODS FOR WHICH TIMELY CLAIM MAY BE MADE BY BUYER. SELLER EXPRESSLY DISCLAIMS ANY LIABILITY TO BUYER, ITS CUSTOMERS OR TO END USERS OF ITS PRODUCTS, FOR SPECIAL, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES, INCLUDING DAMAGE TO OR LOSS OF OTHER PROPERTY OR EQUIPMENT, PERSONAL INJURY, LOSS OF PROFITS, BUSINESS OR REVENUES, OR COST OR OTHER DAMAGE, LOSS OR EXPENSE FROM ANY CAUSE WHATSOEVER, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE SALE OR USE OF ITS PRODUCTS. THE MAXIMUM LIABILITY, IF ANY, OF SELLER FOR ALL DAMAGES HEREUNDER IS LIMITED TO THE PURCHASE PRICE OF THE DEFECTIVE OR NON-CONFORMING PRODUCTS SOLD PURSUANT TO THIS TRANSACTION. ANY ACTION ARISING HEREUNDER MUST BE BROUGHT WITHIN 15 DAYS FROM THE DATE OF SALE.
CLAIMS
No claims will be allowed after a product has been cut or finished, regardless of the reason for the claim. Claims must be submitted in writing within ten days from the date of receipt of product.
No labor costs will be accepted as part of the claims.
We are not responsible for any damage in-transit.