Standard Terms and Conditions of Sale
1. PAYMENT TERMS: Cash before delivery unless otherwise agreed to in writing by LDI
2. FREIGHT: FOB Portsmouth, NH unless otherwise agreed to in writing by LDI
3. RESERVE POLICY: Print patterns are made to order so reserves do not apply. However, solids are kept in inventory and customers may reserve material when an order is expected within 2 weeks. We ask that the reserve number is referenced on the purchase order.
Reserves expire two weeks from the date they are entered. If a customer needs to extend the reserve when it expires we will extend it for 2 additional weeks. However, during the second reserve, we reserve the right to sell the material, unless the customer places an order within 48 hours of being notified that we need the inventory.
4. COMMERCIAL MATCH / COLOR MATCHING: Production lots vary within commercially acceptable limitations. If an exact color match is required, it is the customer’s responsibility to request a cutting for approval when an order is placed.
5. LEAD TIME: Lead times vary by product. Please refer to the order confirmation you receive after placing an order. LDI is not responsible for expedited freight for any items. Typical lead time for:
- Stock items (solids) is less than one week for shipment.
- Print patterns is 3 weeks for shipment.
- Special treatments are dependent upon schedule at the time of order.
- Custom solids is 10 weeks for shipment.
6. MINIMUM ORDER QUANTITIES: Minimum order quantities vary by product. Typical minimum order quantity for:
- Stock items (solids) is 1 yard and quarter yard increments thereafter.
- Print patterns is 5 yards and quarter yard increments thereafter.
- Special treatments will be identified on a case by case basis.
- Custom solids is 500 yards and have a yield tolerance of +/- 10%.
7. CANCELLATION / ADJUSTMENTS OF ORDER: LDI processes stock orders quickly. We often ship same day as receipt of order. If Buyer should cancel an order for a stock item after the product is cut, Buyer is responsible to accept the cut material portion of the order. At LDI’s sole discretion the material may be returned for a 25% restocking fee. If Buyer should cancel an order for a stock item after it ships, at LDI’s sole discretion the material may be returned for a 25% restocking fee.
Print patterns are printed on demand, thus CANNOT be cancelled or returned once manufacturing has begun. In some instances, LDI may allow for the cancellation, but we reserve the right to pass along costs incurred as a result.
Special order items, that are processed upon request CANNOT be cancelled or returned once raw materials have been ordered. In some instances, LDI may allow for the cancellation, but we reserve the right to pass along costs incurred as a result.
8. RETURN POLICY: Returns are intended for product that is out of specification prior to cutting. Material cut by the customer cannot be returned. LDI will credit or reimburse the customer for the price of uncut products that are agreed to be out of specification. The customer must notify LDI of the type of defect and return a sample illustrating the problem. LDI is not responsible or liable for any other customer costs related to this defect.
All other returns must be preauthorized by LDI and are subject to a 25% restocking charge.
No returns will be accepted without written authorization. All return requests must be received within 90 days of receipt of goods. Credit will only be given if the return is received within 30 days of authorization being granted.
9. SHELF LIFE/STORAGE OF MATERIAL: To ensure optimal performance, it is recommended that product be applied to furniture and installed at a facility within 1 year of the customer receipt of goods. Material should be stored in a closed bag and steps should be taken to avoid extreme heat, humidity and pressure from other rolls during storage. LDI is not responsible for material failures if the product was applied beyond the 1 year period.
10. WARRANTY AND LIMITATIONS: This warranty applies only to the party that purchased the product from EnviroLeather™ (LDI Corporation). We will not negotiate any portion of a warranty claim with any party other than the original purchaser of our product. The purchasing party is responsible for negotiating and coordinating any corrective measures not covered by this warranty.
We guarantee our upholstery fabric will perform in accordance with generally accepted industry standards for up to three years from the date of purchase, providing our products have been properly installed, maintained, and used under normal conditions. EnviroLeather™ warrants that its products are free from defects in material and workmanship and are in compliance with written specifications, if any, EnviroLeather™ has supplied for the products at the time of purchase. We reserve the right to make changes without notice in design, specification, and color.
EnviroLeather™ will have a minimum of 30 days to resolve any significant quality dispute. Our exclusive obligation under this warranty, at our option, is replacing, or issuing credit for, the amount paid for the products. We disclaim any warranty of our products, express or implied, except as specifically set forth in this paragraph including, but not limited to, the warranties of merchantability and fitness for a particular purpose or application. We can only control the production of the product and that it meets our specification. How it is applied, cared for and maintained after purchase is outside our control. Please view the Care and Maintenance section of our website (enviroleather.com) for suggested best practices.
No other statement, description or promise of any kind constitutes a warranty. Under no circumstances will EnviroLeather™ (LDI Corporation) be liable for any damages or loss (including, without limitation, direct, consequential, economic, indirect, down time, or other damages) under any theory of liability, except for replacing, or issuing credit for the products.
EnviroLeather™ (LDI Corporation) is not obligated or liable to pay for any transportation, labor, or installation costs of replacement material. Any other charges or costs not covered by this warranty are to be negotiated on a case-by-case basis with the purchasing party only.
11. LIMITED OFFER: LDI offers to sell products only on the terms and conditions included (a) in our offer or quotation letter and (b) in this terms and conditions document. Our offer, and the Buyer’s acceptance of it, is expressly limited to such terms and conditions. LDI objects to, and rejects any attempt to include, any additional or different terms or conditions in any acceptance of any offer. Regardless of the Buyer’s inclusion of any different or additional terms, any resulting agreement is limited to LDI’s terms and conditions.
12. FORCE MAJEURE: Acts of God, strikes, civil disorder, government actions, and other unforeseeable, unavoidable occurrences will release LDI from its obligations for the length of the occurrence and to the extent of its effects. This also applies when these occurrences take place at a time in which LDI is in default.
LDI is obligated to provide this information to the Buyer as soon as reasonably possible under the conditions and to adapt its obligations to the altered circumstances in good faith.
13. CHANGES: In the event of increases in the cost of raw materials or of other impact items, LDI reserves the right to pass these costs on to the Buyer. If the Buyer requests an engineering change to a product, then LDI has the right to pass along any costs associated with that change. The Buyer will be responsible for inventory and raw materials purchased for the previous construction and for validating any changes.
14. PROPRIETARY RIGHTS: LDI reserves the right to keep technical, trade secret, patent and costing information proprietary.
15. TERMS: Sales under these terms and conditions to the Buyer are conditional upon Buyer’s assent to these terms. These terms are in lieu of any Terms submitted by the Buyer and Seller rejects all additional or different terms and conditions of Buyer. Buyers’ performance, or acceptance of, or payment for, any products from Seller will constitute Buyer’s acceptance of these Terms. These Terms, together with the associated description of the products, quantities and pricing terms that are the subject of the purchase and sale transaction under these Terms, constitute an “Order”.
These Terms and Conditions supersede all prior terms and conditions.