Terms of service

ORDER PLACEMENT AND ACCEPTANCE1
By accepting an order from J. Leigh, buyer accepts the terms and conditions contained
herein. These terms and conditions constitute the complete agreement between the
Parties, and shall not be amended unless approved in writing by J. Leigh. J. Leigh 's
products are made-to-order. As such, an order invoice is the controlling document with
respect to the Parties' contractual obligations. Should a buyer amend an order invoice in
any way, a buyer must alert J. Leigh of such changes within forty-eight (48) hours of Order Confirmation. Failure to provide such notice will constitute acceptance of the terms contained in the original order invoice.
PAYMENT & PRICING TERMS
All prices are FOB Destination (receiving warehouse/clients’ residence). Orders are
initiated with a submitted client Purchase Order. To initiate an order a 50% deposit is
required. All orders must be paid in full, prior to being released for shipping & delivery.
TAXES
All taxes and excises of any nature whatsoever now or hereafter levied by governmental
authority, whether federal, state or local, either directly or indirectly, upon the sale or
transportation of any goods covered hereby shall be paid and borne by Buyer.
ORDER LEAD TIME & SCHEDULE
All lead times and delivery dates are approximate and will be indicated per order. Lead
times begin with deposit payment. Buyer will be advised of any changes and/or delays. J. Leigh shall not be liable for failure in performance for any reason beyond J. Leigh 's control.

FORCE MAJEURE
All quoted completion and delivery dates are estimates only and are subject to change
by J. Leigh upon notice to You. J. Leigh shall not be liable for delays in completion or
shipment or default in delivery for any reason of force majeure or for any cause beyond J. Leigh 's reasonable control including, but not limited to, (a) government action, war,
terrorism, riots, civil commotion, embargoes, pandemics, or martial laws, (b) J. LEIGH 's
inability to obtain necessary materials from its usual sources of supply, (c) shortage of
labor, raw material, production or transportation facilities or other delays in transit, (d)
labor difficulty involving employees of J. Leigh or others, (e) fire, earthquake, storm, flood or other casualty or act of God, or (f) other contingencies of manufacture or shipment. In the event of any delay in J. Leigh 's performance due in whole or in part to any cause beyond J. Leigh 's reasonable control, J. Leigh shall have such additional time for performance as may be reasonably necessary under the circumstances. Acceptance by Buyer of any goods shall constitute a waiver by Buyer of any claim for damages on
account of any delay in delivery of such goods.

ERRORS & MODIFICATIONS
J. Leigh reserves the right to correct any errors made in the preparation of quotations
and/or specifications. Quoted pricing is valid up to 30 days. Quoted pricing for shipping
& deliveries is valid up to 15 days.

PRODUCT ACCEPTANCE
Buyer should inspect the products upon receipt. If a specification or quality discrepancy is found, photos should be taken of the product fault and J. Leigh should be advised in
writing with images provided within twenty-four (24) hours of receipt of goods.

WARRANTY & DISCLAIMER
J. Leigh warrants that made-to-order carpet goods will be free from defects in
workmanship and materials for one (1) year from the date of delivery (To whom). This
warranty does not apply to damage resulting from, beater bar damage, misuse,
accidents, abuse, neglect, mishandling, environmental factors or excessive wear and
tear. Defective products will be replaced within the standard production time required to
reorder, manufacture, and ship the same product. J. Leigh assumes no liability for
commercial loss and/or consequential damages that may arise as a result of any product
defect. The foregoing warranty is in lieu of and excludes all other warranties not expressly set forth herein, whether express or implied by operation of law or otherwise, including, but not limited to, any implied warranties of merchantability or fitness.

PRODUCT VARIATIONS & DISCLOSURES
Our area rugs & broadloom is handmade, and therefore is subject to slight variations.
Variations in handloom products are inherent and considered to be part of the natural
beauty & charm paid for. Many fibers & constructions are loomed or woven by hand and may vary in color, tone and character. Dye lots may vary from memo samples and actual orders. Cuttings-for-approval (CFA) are recommended. Yarns may deviate from memo, showroom and purchased samples because of variations in dyes, dye lots, yarns, spinning lots and weavers.

WARRANTY CONDITIONS
IMPROPER INSTALLATION – It is imperative that all carpet be installed by a licensed carpet installer who is skilled in the installation of hand tufted and hand loomed carpets. Any carpet that is not installed per industry standards may cause problems with the life of the carpet. J Leigh Carpets is not responsible for any defects caused by improper installation.
Pattern dimensions and pattern repeat can vary with handmade carpet. Exact pattern
matching along seams may not be achievable. Seaming is not recommended and as
such, any claims arising from this will be denied. Please note, it is imperative, for the life of your carpet, that the proper carpet pad is used. Padding of insufficient density will cause your carpet to wear prematurely.

WEAR AND TEAR – J Leigh Carpets does not cover damage caused by normal or unusual
wear and tear during the life of a carpet or in the improper maintenance of the carpet. J
Leigh Carpets also voids any warranty for carpet installed on stairs. We are also not
responsible for damage caused by the failure to use protective pads under chairs with
rolling casters.
CARPET COLOR AND TEXTURE – Minor color variations are inherent in natural fibers and
can create a slight color difference between dye lots. Variations in weaving and surface
texture are the beauty of handmade carpets. Neither of these is considered a defect.
Damage or color change caused by external elements, such as sun exposure, household
chemicals, food products, pet stains etc.… is not covered under this warranty.
SHADING - J Leigh Carpets is not responsible for shading also known as pile
pressure/Watermarking/Pooling. Shading usually occurs, but not limited to, cutpile type
carpets and is not considered a manufacturing defect. Shading is when the carpet looks
to have different coloring but it is the pile direction changing causing random areas to
look lighter or darker. This phenomenon occurs because the light reflection difference of
the sides and the tips of the carpet yarn strands. The yarn strand sides will reflect more
light than its tips when the carpet pile is altered by foot traffic. There is no known cause for Shading and is it permanent. Frequent vacuuming and foot traffic will cause added
pressure to the cut pile surface which can help.
IMPROPER CARE AND MAINTENANCE – Our carpets require regular routine maintenance. Please refer to our J Leigh Carpets CARE AND MAINTANCE documentation for the proper care of your carpet. Improper care will not be warranted. Mold, mildew or excessive moisture damage is not warrantied. Topical treatments used aftermarket will void warranty. This includes stain removers, fiber protections or other repellents. We highly suggest testing an area first before any treatment is applied. Damage caused by
improper vacuuming with a Beater Bar will not be warrantied.

DISCOUNTED/DISCONTINUED MERCHANDISE – This warranty will not apply to goods
purchased as seconds, mill trials, mill ends or remnants or purchases below standard price.
LOCATION OF INSTALLATION – This warranty only applies to carpet installations located
within the United States and Canada.
FILING A CLAIM – Please contact your assigned Design Account Representative.
Photographs of damaged or flawed areas will be required. For damage claim during
shipping, please defer to our Freight Disclaimer.
SPECIALTY FIBERS
Allure Silk Nylon may show variations in color, texture, and hand with the intention to
create a more luxurious appearance and should not be considered faulty in any way. The
yarns in any luster pile can be sensitive to crushing, shading and scarring, which will
naturally occur over time creating irregular surface appearance and texture. This
sensitivity varies and depends on the application and use and should not be considered
faulty or defective. Shading, in particular, is part of silk like yarns & silk velvet’s unique and valued aesthetic.
Pile distortion alters the angle of light reflection producing more obvious areas where the fabric has moved creating an appearance of shading or napping. Carpets created using shiny yarns such as Allure Silk Nylon, Polysilk or like faux silk nylon yarns further amplify light reflection and create even more obvious areas of light and dark patches. This, in combination with pressure from sitting (including stocking & bare feet), may cause marking and shading as the pile crushes. Regardless of how well their spot cleanability & maintenance may be, some pile crushing and matting will occur and is impossible to avoid. Since airborne dust and soot are natural enemies of high pile yarns and can weigh it down when allowed to remain too long, regular vacuuming with an upholstery attachment offers an excellent prolonged result – NO BEATER BAR can be allowed to be used. Beater bars on vacuums will destroy the fibers and void any warranty.

J. LEIGH. INTELLECTUAL PROPERTY:
J. Leigh owns all intellectual property rights relating to the J. Leigh Carpet’s brand, trade
name, trade dress, and other content. None of the intellectual property may be used,
reproduced, transmitted, distributed, modified or exploited in any way without J. Leigh 's
written consent.