These Terms and Conditions supersede any prior and/or concurrent agreement between the buyer and JOSEPH NOBLE INCORPORATED (JNI).

PRICES

All prices are net USD, FOB Dallas, Texas, and do not include shipping, handling, or special processing charges. All published prices and shipping rates are subject to change without notice.

TERMS

A 50% deposit is required to initiate an order. Full payment including shipping and other charges is required before shipping. When paying by check, orders may be subject to a 5-day check clearance processing delay. A $50.00 service fee will be charged for all returned checks and credit card charge-backs. We accept wire transfers and ACH payments, as well as Visa, MasterCard, American Express, and Discover.  There is a 2% processing fee for orders over $2000 when paying by credit card.

ORDERING

Our products are sold in ½ yard increments with a 3-yard minimum. A $35.00 cut fee will apply to each product ordered in less than the minimum quantity. Changes or cancellations cannot be made to an order once payment has been received. In advance of purchasing, memo samples are available to workrooms, upholsterers, and furniture companies for application testing.  Examine all products upon receipt; verify color, pattern, and purchased yardage amount before cutting.

SHIPPING

All shipping costs are the responsibility of the purchaser.  Shipping instructions must be submitted when placing an order. If no instructions are received, the order will ship pre-paid by our determination and on our account. International shipments require a FedEx, UPS, or DHL account number to be provided by the responsible party. In all cases, a $25 handling fee will apply when using a customer-provided shipping account.  Orders requesting the use of third-party logistics will incur a handling fee of $100. Ownership of the product transfers to the customer (owner) once the order has been delivered.  A $25.00 fee will be assessed on any order in which the customer has provided their shipping account number and refuses the charges once the goods are shipped and received.  JNI is not responsible for damages incurred during transit or delivery with second or third-party shippers.

STORAGE FEES
A storage fee of $50 per week or 3% per month (whichever is greater) may be applied to any order that is ready to ship but cannot due to incomplete shipping instructions, a hold request by the customer, or failure to promptly pay the remaining balance due.

CANCELLATIONS

Orders may not be canceled without the written consent of JNI.  A cancellation fee of 25% of the total order amount may be imposed.  Orders in which a deposit payment has been received are non-cancelable without forfeiture of the entire deposit.

RETURNS

Note that certain products are non-returnable. Products may not be returned without a written Return Authorization Form from JNI.  Unauthorized returns will not be accepted from carriers.

Returns will not be accepted based on the following:

• Product(s) that have been cut, altered, or processed in any way.
• Product pieces of less than 10 yards.
• Special order items, discontinued or discounted products, products on sale.

Returns must be requested in writing within 14 days of receipt by the purchaser/workroom. Returned goods must be received by JNI within 30 days of issue, or the Return Authorization becomes void. Outbound and return freight charges will not be credited and are the responsibility of the customer. A restocking fee of 25% of the value of the order will be charged on approved returns up to 30 days from receipt of goods. Credit will only be issued after inspection of approved items. All credits will be issued to the original form of payment. In no event shall JNI be responsible for any consequential damages, charges, costs, expenses, or obligations other than as expressly herein set forth.

Send Returns with Return Authorization Number to:

Joseph Noble, Inc. 1215 Conveyor Lane Dallas, Texas 75247

QUALITY LIMITATIONS

Products are not guaranteed against color fading, dye lot variations, shrinkage, or wear. JNI is not responsible for damage from attempts to apply finishes or clean products. Repeats and widths sometimes vary. Textiles used for draperies, when held up to the light, cannot be guaranteed to be free of visible flaws. Additional yardage will be shipped as allowance for flaws as per industry standards. Each JNI product is designed and tested to meet specific performance criteria, however, it is the specifier’s responsibility to select an appropriate product for a particular end-use.

Certain clothing and accessory dyes (such as those used on denim jeans) may migrate to lighter colors of our vinyl and polyurethane products. This phenomenon is increased by humidity and temperature, and can be irreversible. JNI will not assume responsibility for dye transfer caused by external contaminants.

All stated testing information, product details, analysis and performance characteristics, care, cleaning, and environmental information has been verified by independent testing bureau(s). Testing certificates are available upon request.

CLAIMS

No claim may be made after a fabric has been cut or a finish has been applied. Claims must be made in writing within 2 weeks from the date the product was received. JNI will not be responsible for any costs other than those billed by JNI.

MEMO SAMPLES

JOSEPH NOBLE product samples provide a more accurate representation of color, texture, and hand. Memo samples are available through the JOSEPH NOBLE website or through a JOSEPH NOBLE sales representative. Samples may be from a different dye lot than yardage on an order. Cuttings for approval and cuttings for reference can be requested through Customer Service when placing an order.

RESERVES

Reserves may be placed on products for 10 business days. After 10 days, the product will be released unless an extension has been requested or a deposit has been received. JOSEPH NOLE is not obligated to inform customers that their reserve has expired.  Reserves may not be placed against incoming stock without a non-refundable deposit.

MODEL ROOM/MOCK-UP YARDAGE

JNI may provide, on a case-by-case basis, model room/mock-up yardage when warranted.  All project information is due at the time of request.  Stated yardage is subject to payment before shipping, which may then be credited against future purchases for the same goods. Stated credit can only be applied to orders over 50 yards.

DISCONTINUED PRODUCTS/SALE ITEMS

Products that are discontinued or have been reduced in price are sold as-is. No returns, refunds, exchanges, or claims are allowed (see RETURNS).

WARRANTY

JNI guarantees that its products will perform in accordance to and with industry standards, under normal wear and tear conditions, with proper maintenance using the appropriate care and cleaning agents, and for the purpose intended for a period of one (1) year, effective from the date of shipment.

JNI’s warranty will be limited to a refund of the purchase price or replacement of the product with a mutually agreed upon product. The warranty does not include labor costs or transportation costs associated with the claim.

This warranty does not apply to the following:

• Improper use
• Improper maintenance
• Installation contrary to proper installation practices
• Improper storage or handling
• Unusual environmental or atmospheric conditions
• Use of incompatible or unspecified adhesive(s)
• Materials, tools, or equipment
• Labor charges or claims of consequential damages
• Any other damage or problem due to external causes unrelated to any JNI product defect.

Certain clothing and accessory dyes such as denim jeans may taint lighter colors which is often irreversible. JNI will not be responsible or liable for any claim related to such dye transfer (see QUALITY LIMITATIONS).  Additional after-market finishes applied after purchase will void any JNI warranty (see RETURNS).

This warranty is non-transferable and non-assignable.  Warranty-related claims must be submitted in writing to JNI within above stated warranty period from date of invoice.

EXCLUSIONS

All documented and stated testing information, product details, analysis and performance characteristics, care, cleaning, and environmental information has been, to the best of our understanding, verified by individual and independent testing bureau(s).  Testing certificates are available upon request.