ACCEPTANCE OF ORDERS: All orders placed by you are subject to acceptance by Western Sensibility and our credit department. Each order placed by you and accepted by us is a sale subject to these Terms and Conditions and indicates your assent to these Terms and Conditions unless otherwise mutually agreed in writing.

ENTIRE AGREEMENT: This agreement constitutes the entire agreement between the parties and supersedes any other contracts or course of dealings between the parties and is intended by the parties as a complete and exclusive statement of the terms of their agreement.

F.O.B.: Missoula, Montana

PRICES: Prices herein quoted are net wholesale. Prices are subject to change without notice. All shipping and special processing charges are additional.

CURRENCY: All monetary transactions between buyer and seller are to be made in U.S. Dollars.

PRIVACY POLICY: Please visit westernsensibility.com for our complete policy.

MINIMUM ORDER: One Yard.

WHEN ORDERING: Often much time can be saved and your order more satisfactorily filled, if you will specify the end use for which the fabric is intended; and if it is for draperies or curtains, you specify the lengths needed.

BACK ORDERS: All Back Orders are considered firm orders.

CANCELLATION OF ORDERS: No order cancellation will be accepted if invoice is paid and production has commenced. Order cancellations are subject to a cancellation fee.

RETURNS & CLAIMS: Returns are not accepted due to the custom nature of our printing. When shipments are made direct to workrooms it is your responsibility to send a cutting to the workroom to enable them to verify the goods are correct before processing. No claims or returns will be accepted for drop shipments made per customers’ request. All authorized returns for “damaged” textiles, wallcoverings, or materials will be subject to inspection. Damage or failure due to color fading, pilling or shrinkage is not valid where there is evidence of heavy soiling, abuse, or improper cleaning.

MULTIPLE WIDTH DRAPERIES: When planning multiple width draperies, please make certain before cutting, that the pattern alignment is adequate to produce a satisfactory end result.

TEXTILES & WALLCOVERINGS: Be tolerant of small fluctuations. No textile is completely stable. A completely stable textile would have no textural interest at all. It is reasonable to expect a 3% change in any substrate depending on the substrate involved. Textiles, due to yarn contents, construction, humidity, etc., will expand or contract under certain atmospheric conditions. You should allow sufficient textile in the hems for later adjustments, should it be necessary.

FADING: The best available dyes are always used, but our textiles are not guaranteed against color fading through exposure to the sun or atmospheric conditions. Some colors are more fugitive than others. Colors can fade by oxidation, “gas fading”, if textiles are kept in storage for too long a period without airing. Impurities in the air may cause as much fading as the direct rays of the sun.

CAUTION: No claims will be recognized on textiles or wallcoverings after they have been in any way processed by the purchaser. We do not guarantee to match colors.

WARRANTY AND LIMITATIONS ON LIABILITY: Seller warrants that the merchandise will, at the time it is delivered to Buyer, be free from defects in materials or workmanship, within generally accepted industry standards. This warranty is in lieu of all other warranties with respect to the merchandise, including any implied warranties of merchantability or fitness. Any claim under this warranty shall be deemed waived unless made in writing within 14 days of receipt of the merchandise by the Buyer and before any part of the merchandise has been used, resold or transferred. Upon Seller’s approval, non-conforming merchandise may be returned to Seller for credit or replacement, at Seller’s option. Seller expressly disclaims any responsibility for and is not liable to Buyer and/or any user for (1) special or consequential damages arising out of or in any way connected with the sale or use of the merchandise, and (2) variances in and/or damage to merchandise to which any after-market finish and/or treatment has been applied (e.g., Teflon, Flameproofing, Laminating, Paper or Acrylic Backing, Soil and Stain Protection, etc. In no event shall Seller’s liability exceed the amount paid by Buyer to Seller for the non-conforming merchandise. In no event shall Seller be liable for any failure or delay in delivery of all or any part of the merchandise, due, in whole or part, to lockouts, labor disputes, production or transportation interruptions or limitations, shortages or delays in delivery or receipt of materials, acts of God or any other cause beyond Seller’s economically reasonable control. In no event may any action be brought against Seller more than one (1) year after the merchandise was delivered to Buyer.

VENUE: All sale and purchase agreements, purchase orders and invoices are made and performed in Missoula, Montana, and shall be interpreted and construed in accordance with the laws of Montana. Any action brought to resolve a dispute arising from the interpretation or construction of or to enforce any such agreement, purchase order and/or invoice shall be brought in a court of competent jurisdiction in Missoula County, Montana and the parties consent to venue and jurisdiction of such courts.

It is understood and accepted that:

A. All open account charges are due and payable on receipt from the invoice date. All open account charges will be deemed delinquent unless paid within thirty days after the open account charge is made. Western Sensibility reserves the right to change the terms of the credit extended at our sole discretion and without notice. Acceptance of payment outside of stated credit terms shall not operate as a waiver of stated credit terms.

B. It is hereby acknowledged that late or delinquent payment will cause Western Sensibility to incur costs not contemplated by the parties in opening the account, the amount of which will be extremely difficult to ascertain. Such costs include, but are not limited to processing charges, bookkeeping charges, accounting charges and legal charges. Therefore, if payment of any account charges are not received by Western Sensibility within ten days after such charges have become due, then without any requirement for notice, account holder shall pay to Western Sensibility liquidated damages equal to 1-1/2 percent per month for such overdue amount. Account holder and Western Sensibility agree that such liquidated damages represent a fair and reasonable estimate of the costs Western Sensibility will incur by reason of late payment by account holder. Acceptance of payments of such liquidated damages by Western Sensibility will not constitute a waiver of said default with respect to such overdue amount nor prevent Western Sensibility from exercising any other rights or remedies granted hereunder or by law.

C. Failure of account holder to pay any account when due or in the event proceedings in bankruptcy, receivership, or insolvency are instituted by or against account holder or its property, Western Sensibility may at its option declare the entire unpaid balance of the account due and immediately payable. Account holder agrees to pay all attorneys’ fees, cost of suit, lien fees, collection agency fees and any and all other costs of collection, suit or the enforcement of judgment incurred by Western Sensibility in the collection of any charges to account which become delinquent, whether or not Western Sensibility institutes suit.

D. A service charge of $35.00 will be applied to each returned payment.

E. This agreement shall remain in effect until terminated in writing to Western Sensibility. Account holder agrees to notify Western Sensibility within 10 days of any changes to name, business status, or ownership. Western Sensibility reserves the right to cancel any agreement to extend business credit and to re-evaluate the credit worthiness under its new name, business status, or ownership.