General Terms and Conditions of Sale
GENERAL TERMS AND CONDITIONS OF SALE (Last Updated: November 2018)
Applies to all sales
These General Terms and Conditions (“Terms”) together with the initial sales order, final sales order and any attachments thereto (“Order,” and collectively with the Terms,“Agreement”) are a legally binding agreement by and between you the purchaser (“Customer,” “you,” “I” and their derivatives) and the Next Day Blinds Corporation (“Next Day Blinds,” “we,” “our” and their derivatives). This Agreement is effective when you sign the Order, or when you submit your Order through our website.
Custom Product Ordering
It’s custom built for you, so no cancellations or returns. Each of your window coverings is
custom made to fit properly on only the window for which it is intended. Once your
measurements are confirmed, your order is immediately sent to our local factory and the
manufacturing process begins. We custom build every window covering to each customer’s
selection and the exact specification of each window. Except for any limited rights expressly
described in or with this Agreement, orders may not be changed or cancelled or returned.
You select your product, style and color. While we will work hard to help you select the correct product and application for your home, you are responsible for the final selection of product, style, and color. Slight variations in color, grain or texture are normal and should be expected with wood, woven wood and fabrics.
If we make a mistake we’ll fix it! We will either repair or replace any window covering purchased from Next Day Blinds that is defective or does not match the specifications of your order.
If you make a measuring mistake, contact us within 14 days of receiving your order. We will remake your blind or shade at no cost to you. You are responsible for any increase in price between your new and original product, or if the dimensions of the new product now make it oversize (greater than 94” wide) the oversize shipping charge will apply. (Limit of 5 free remakes per household per lifetime. The remake must be same product, lift system and fabric/color – only a change in dimension is allowed.)
Due to the custom nature of our product, for online or showroom pickup orders, your credit card will be charged for the full amount of your order when you submit it.
Unfortunately, our suppliers are at times out of stock of a fabric or component which causes us to have to delay the production of an order. This will cause us to put a product on backorder. We will contact you if your order contains a product that is on backorder. In this situation, you can choose a different selection, wait for the product/fabric to be in stock, or cancel the item from your order.You will be responsible for any additional amount due to selecting a different color, fabric, or product. And, if you choose to cancel the backordered item, we will refund you.
In the unfortunate situation that your product is damaged by the shipping carrier while in transit, we will remake your product at no charge to you. You must notify us within 14 days of receiving your order if there is any damage due to shipping.
Personal Information Policy
Next Day Blinds values the relationships we have with our customers and is committed to responsible information-handling practices. You agree that you have reviewed and agree to the Privacy Policies found at www.nextdayblinds.com/privacy-policy which are incorporated into this order.
Next Day Blinds Lifetime Product Warranty
To ensure your satisfaction, every product we manufacture is covered by our Lifetime Product Warranty, and 5 years for finishes and motorization components. Details of this warranty can be found at www.nextdayblinds.com/warranty.
Hunter Douglas Product Warranty
Hunter Douglas® products are covered separately by the Hunter Douglas Warranty. Details of this warranty can be found at www.hunterdouglas.com/warranty.
Next Day Blinds Information
We comply with all local requirements. We are pleased to comply with all local requirements for building permits, inspections, and zoning.
Next Day Blinds Corporation
8251 Preston Ct, Jessup, Maryland 20794
VA license number (pending)
VA class of license – Class A
VA classifications or specialty services – Building Contractors (BLD)
The Virginia Contractor Transaction Recovery Fund exists and which you can contact regarding a claim at:
Recovery Fund Office, DPOR
9960 Mayland Drive, Suite 400
Richmond, VA 23233
Phone: (804) 367-1559
Liability Limits on Types. IN NO EVENT SHALL WE BE LIABLE FOR ANY CONSEQUENTIAL, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, OR ENHANCED DAMAGES, LOST PROFITS OR REVENUES OR
DIMINUTION IN VALUE, ARISING OUT OF, OR RELATING TO, OR IN CONNECTION WITH ANY BREACH OF THIS AGREEMENT, REGARDLESS OF (A) WHETHER SUCH DAMAGES WERE FORESEEABLE, (B) WHETHER OR NOT SELLER WAS
ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, (C) THE LEGAL OR EQUITABLE THEORY (CONTRACT, TORT OR OTHERWISE) UPON WHICH THE CLAIM IS BASED, AND (D) THE FAILURE OF ANY AGREED OR OTHER REMEDY OF
ITS ESSENTIAL PURPOSE.
Liability Limits on Amounts. IN NO EVENT SHALL OUR AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THIS AGREEMENT, WHETHER ARISING OUT OF OR RELATED TO BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, EXCEED THE TOTAL AMOUNTS OF THIS ORDER.
Authorized Representative. You agree to be at home at the time of the measurement and installation and will ensure we have full access to your premise without significant disruption. In the event you are not available during the agreed to appointment window, you will ensure a legal aged person will be present as your “authorized representative” who has the power to pay, give any and all approvals and to take any other action on your behalf.
Title. Title ownership of the products shall pass to you: (i) when you pick up the products (or when the products are delivered to the shipper if purchased online) when the products are being installed by you; or (ii) upon installation when the products are being installed by us; or (iii) when the products are delivered to you after three attempts by us to complete the installation process on the scheduled dates.
Excused Performance. The parties to this Agreement shall be excused from any performance required hereunder if such performance is rendered impossible or unfeasible due to any unforeseen catastrophes or major events beyond their reasonable control including without limitation, war, riot and insurrection; changes in laws, proclamations, edicts, ordinances or regulations; strikes, lock outs or other serious labor disputes; earthquakes, floods, fires, explosions or other natural disasters.
Relationship of the Parties. The parties will at all times act independently, and their relationship will be that of independent contractors. No agency, partnership, joint venture or similar relationship shall be deemed to be created by this Agreement or by any other document or dealings between the parties.
Assignment. Except as otherwise expressly provided under this Agreement, neither party may assign or otherwise transfer this Agreement or any rights or obligation hereunder without the prior express written consent of the other party; provided, however, that either party may, without such consent, assign this Agreement and its rights and obligations hereunder in connection with the transfer or sale of all or substantially all of its business, or in the event of its merger, consolidation, change in control or similar transaction. Any purported assignment or transfer in violation of this Section shall be void.
No Waiver. The failure of either party to enforce at any time or for any period any of the provisions of this Agreement shall not be construed to be a waiver of those provisions or of the right of that party thereafter to enforce each and every provision hereof.
Governing Law and Venue. This Agreement shall be governed and construed in accordance with the laws of the State of Maryland without reference to rules regarding conflicts of law. Any controversies, disputes and actions arising from this Agreement shall be bought in the state and federal courts located in the State of Maryland.
Severability. If any provision of this Agreement shall be held to be illegal, invalid or unenforceable, each party agrees that such provision shall be enforced to the maximum extent permissible so as to affect the intent of the parties, and the validity, legality and enforceability of the remaining provisions of this Agreement shall not in any way be affected or impaired thereby.
Counterparts. This Agreement may be executed in any number of counterparts, each of which shall be deemed to be an original, but all of which together shall constitute one and the same instrument.