Terms of Sale
Marietta Drapery & Window Coverings Co., Inc.
Terms of Sale
Effective [Insert Date] · Applies to all orders, quotes, and order confirmations
Stock Blinds
Held in inventory, unaltered, ship in original unopened packaging. Returnable within a defined window — see Section 6.
Made-to-Measure Goods
Draperies, sheers, top treatments, cornices, tracks, pillows, bedding, roller shades, and custom vertical/horizontal blinds — built to your order and non-returnable once produced.
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These Terms of Sale (“Terms”) govern every order placed with Marietta Drapery & Window Coverings Co., Inc. (“Marietta Drapery,” “we,” “us,” or “our”) by any customer, dealer, designer, contractor, hospitality operator, or property manager (“Buyer,” “you”). By placing an order, submitting a purchase order, or accepting an order confirmation, you agree to these Terms in full. These Terms take precedence over any conflicting terms in a Buyer purchase order unless we agree to the conflicting term in writing signed by an authorized Marietta Drapery representative.
1.Two Product Categories
Marietta Drapery sells two distinct categories of product, and different rules apply to each. Every order confirmation will identify which category applies to each line item.
1.1 Stock Blinds
Blinds and related hard window coverings that are held in inventory, are not cut, sized, or altered in any way for your order, and ship in the manufacturer’s original, unopened packaging.
1.2 Made-to-Measure Goods
All products manufactured or fabricated to your specified dimensions, fabric, finish, or configuration. This includes, without limitation: draperies, sheers, top treatments, cornices, drapery tracks and hardware, pillows, bedding, roller shades, custom vertical blinds, and custom horizontal blinds. Made-to-Measure Goods are built specifically for your order and cannot be resold to another customer.
2.Order Acceptance, Pricing & Payment
2.1 Order acceptance
A quote is not a binding order. An order is binding once Marietta Drapery issues a written order confirmation, or once you provide written (including email) approval of final specifications, whichever is later. Please review your order confirmation carefully — it is your opportunity to catch errors in quantity, dimensions, fabric, color, and finish before production begins.
2.2 Pricing
Prices are those in effect at the time of order confirmation and are subject to change without notice on future orders. Quoted prices do not include applicable sales tax, freight, or installation unless stated in writing.
2.3 Payment terms
Payment terms (deposit, net terms, or payment in full) will be stated on your order confirmation or governing account agreement. Made-to-Measure Goods will not enter production until any required deposit is received. Past-due balances may accrue interest at 18% per month or the maximum rate allowed by law, whichever is less, and Marietta Drapery may withhold future shipments on an account with a past-due balance.
2.4 Tax-exempt accounts
Buyers claiming a sales-tax exemption must provide a valid, current resale or exemption certificate for the ship-to state prior to invoicing. Marietta Drapery will apply sales tax to any order lacking a valid certificate on file.
3.Lead Times & Production
3.1 Estimates, not guarantees
All lead times provided — verbally, in writing, or on an order confirmation — are estimates based on current production schedules and are not guaranteed delivery dates. Marietta Drapery is not liable for delays caused by mills, freight carriers, weather, material shortages, or other causes beyond our reasonable control (see Section 9, Force Majeure).
3.2 When production begins
Made-to-Measure Goods enter production once (a) final specifications are approved in writing, and (b) any required deposit is received. Once production has begun, the order cannot be cancelled or modified — see Section 5.
4.Measurements & Specifications
4.1 Customer responsibility
For Made-to-Measure Goods, Buyer (or Buyer’s designer, contractor, or installer) is solely responsible for the accuracy of all measurements, quantities, and specifications submitted with the order, unless Marietta Drapery has performed the measurement itself as a paid service and confirmed this in writing. Marietta Drapery manufactures to the specifications provided and is not responsible for errors resulting from inaccurate measurements or specifications supplied by Buyer.
4.2 Color and material variation
Fabrics, wood, vinyl, and other materials are produced in dye lots and production runs that can vary from samples, swatches, prior orders, or other items on the same order. Marietta Drapery does not guarantee an exact match between swatches and finished goods, or between multiple items ordered at different times. We recommend ordering all quantities needed for a single project at one time from the same dye lot where possible.
5.Cancellations & Changes
5.1 Stock Blinds
Orders for Stock Blinds may be cancelled or changed at any time before the order ships at no charge.
5.2 Made-to-Measure Goods
Orders for Made-to-Measure Goods may be cancelled or changed only before production has begun, as defined in Section 3.2. Once production has begun, the order is final and cannot be cancelled, and Buyer remains responsible for full payment. Any cancellation permitted before production begins must be submitted in writing and is subject to written confirmation from Marietta Drapery.
5.3 Project deposits
For large or scheduled hospitality/multifamily projects, a separate project agreement may specify deposit and cancellation terms tied to the installation date; those terms control over this Section 5 for that project.
6.Returns
6.1 Return authorization required
No product of any kind may be returned without a Return Merchandise Authorization (“RMA”) number issued in writing by Marietta Drapery in advance. Any product received without a visible, valid RMA number on the outside of the package will be refused and returned to sender at Buyer’s expense.
6.2 Stock Blinds — return window
Stock Blinds may be returned for credit only if all of the following are met:
- The RMA request is received by Marietta Drapery within 30 days of the delivery date;
- The product is unopened, unused, and in its original, undamaged packaging; and
- Buyer pays all inbound and outbound freight.
| Time since delivery | Restocking fee |
|---|---|
| 0–30 days | 35% of product price |
| 31–60 days | 50% of product price |
| 60+ days | Not eligible for return |
6.3 Made-to-Measure Goods — not returnable
Because Made-to-Measure Goods are manufactured to Buyer’s specifications and cannot be resold, they are not eligible for return or refund, except as provided in Section 7 (Defects, Damage & Shortages).
6.4 No credit without authorization
Marietta Drapery will not issue credit for any product shipped back without a prior RMA, regardless of the reason for return.
7.Inspection, Defects, Damage & Shortages
7.1 Prompt inspection required
Buyer must inspect all goods promptly upon delivery, before installation, for shortages, visible shipping damage, and manufacturing defects or nonconformance with the order.
7.2 Claim window
Any claim for shortage, shipping damage, manufacturing defect, or nonconformance must be submitted to Marietta Drapery in writing within 15 days of the delivery date. Buyer must retain the goods, packaging, and any damaged materials available for inspection until the claim is resolved. Claims submitted after 15 days will not be honored, except where a defect could not reasonably have been discovered during that period through normal inspection.
7.3 Visible freight damage
Visible damage from shipping must also be noted on the delivery receipt/bill of lading at the time of delivery, in addition to submitting a claim under Section 7.2, to preserve any carrier claim.
7.4 Resolution
For an approved claim under this Section, Marietta Drapery will, at its option, repair, replace, or issue credit for the affected goods. This is Buyer’s exclusive remedy for defective, damaged, or nonconforming goods.
8.Warranty
8.1 Limited warranty
Marietta Drapery warrants that Made-to-Measure Goods will be free from defects in workmanship and materials under normal use per the manufacturer’s warranty policy. Stock Blinds carry the original manufacturer’s warranty, if any, in lieu of any warranty from Marietta Drapery.
8.2 Exclusions
This warranty does not cover: normal wear and tear; damage from improper installation by a party other than Marietta Drapery or its authorized installer; damage from misuse, accidents, or unauthorized repair or alteration; color/dye lot variation as described in Section 4.2; or fading, shrinkage, or other changes caused by sunlight, humidity, or cleaning methods not recommended by the manufacturer.
8.3 No other warranties
Except as expressly stated in this Section 8, Marietta Drapery makes no other warranties, express or implied, including the implied warranties of merchantability and fitness for a particular purpose, to the fullest extent permitted by law.
9.Shipping, Title & Risk of Loss; Force Majeure
9.1 Title and risk of loss
Title and risk of loss pass to Buyer upon delivery of the goods to the carrier at Marietta Drapery’s shipping location (FOB origin), unless otherwise agreed in writing. Buyer is responsible for filing claims with the carrier for loss or damage in transit, in addition to any claim under Section 7 for a manufacturing defect.
9.2 Force majeure
Marietta Drapery is not liable for any delay or failure to perform caused by events beyond its reasonable control, including mill or supplier delays, material shortages, carrier disruptions, labor disputes, weather, or other acts beyond our control.
10.Limitation of Liability
To the fullest extent permitted by law, Marietta Drapery’s total liability arising out of or related to any order is limited to the purchase price of the affected goods. In no event will Marietta Drapery be liable for any indirect, incidental, consequential, special, or punitive damages, including lost profits or project delay costs, even if advised of the possibility of such damages.
11.General
11.1 Governing law
These Terms are governed by the laws of the State of Georgia, without regard to conflict-of-law principles. Any dispute arising out of these Terms or an order will be brought exclusively in the state or federal courts located in Cobb County, Georgia, and Buyer consents to jurisdiction and venue there.
11.2 Entire agreement
These Terms, together with the applicable order confirmation, constitute the entire agreement between the parties regarding the order and supersede any prior or conflicting terms, including terms on a Buyer purchase order, unless expressly agreed to in writing by an authorized Marietta Drapery representative.
11.3 Severability
If any provision of these Terms is held invalid or unenforceable, the remaining provisions remain in full force and effect.
11.4 No waiver
Marietta Drapery’s failure to enforce any provision of these Terms is not a waiver of that provision or any other.
11.5 Changes to these Terms
Marietta Drapery may update these Terms at any time; the version in effect on the date of your order confirmation governs that order.
