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Terms & Conditions

TERMS OF USE

These terms and conditions govern your use of this website. By using this website, and/or placing an order you indicate your acceptance of these terms and conditions in full. Please read them thoroughly. If you disagree with these terms and conditions or any part of these terms and conditions, you must not use this website. Users of the S&K Theatrical Draperies, Inc website may use the site to review content, print a single copy of product pages and or save on users computer hard drive for non-commercial personal use. No other use of information listed on S&K Theatrical Draperies, Inc. website is authorized, and users agree that all material listed on this website may not be duplicated, disseminated or appropriated by others without S&K Theatrical Draperies, Inc. written authorization.
S&K Theatrical Draperies, Inc. reserves the right to make changes to this website and these terms and conditions without notice. Such changes shall be effective when they are posted. Users are responsible for reviewing the terms and conditions set forth.


PURCHASING

By submitting a purchase order to S&K Theatrical Draperies, Inc. you indicate acceptance of our terms and conditions of sale and these terms and conditions shall replace and supersede any and all subsequent terms and conditions included on any purchase order whether or not such terms are signed by S&K Theatrical Draperies, Inc or any of its officers. 


PAYMENT TERMS

All orders must be placed in writing. Additionally all orders other than e-commerce purchases and/or purchases made with established accounts with payment terms and in good credit standing, must be accompanied by a check payable to S&K Theatrical Draperies, Inc., 7313 Varna Avenue, North Hollywood, CA 91605. S&K Theatrical Draperies, Inc. is pleased to accept VISA®, MasterCard®, Discover® and American Express® as payment for most orders. Credit cards will be charged at time of purchase, including deposits on special orders. Custom fabricated products or special order items require a 50% deposit payment with the exception of accounts in good standing with Net 30 days payment terms. All established accounts are invoiced Net 30 days unless otherwise stated, according to their credit standing and limit. All others will be invoiced for payment prior to delivery. If timely payment is not made, the customer shall be responsible for interest charges allowable by law and any collection or attorney's fees. For Net 30 accounts, invoices are due in full within 30 days of the order invoice date, and failure to submit payments accordingly shall bear interest from the due date at the rate of 1-1/2% per month, which is an annual rate of 18%, until paid in full and may result in a suspension of your credit with our company.


WEBSITE PRICES

All prices are subject to change without prior notice. S&K Theatrical Draperies, Inc. may change and update product prices as needed without prior notice. Closeout, remnant and discontinued items are sold "as is" with no returns allowed. 


CUSTOM PRICED PRODUCTS

For all quotes for custom manufactured products, once pricing is submitted to customer, it is the customer sole responsibility to thoroughly read and review the price quote, understand the products, materials and services quoted and to make sure the items listed on the quote cover all project needs before an order is placed with our company. S&K Theatrical Draperies, Inc. cannot be held responsible for items not included on price quote. Items not listed on price quote will incur on additional charges.

To expedite orders contact our main office directly at (818) 503-0596. We reserve the right to refuse credit or service, and to suspend any account agreements, at any time.

 

ORDER PLACEMENT

All orders must be placed in writing. No exceptions made. Custom orders are not returnable. Fabric type, color, product finish, track and hardware materials and/or specific services will be described in writing on our custom price quotes. Double shipments are subject to a 25% restocking charge. S&K Theatrical Draperies, Inc. reserves the right at any time after receipt of your order to accept or decline your order for any reason.

 

ORDER ACCEPTANCE

An automated electronic order receipt or order confirmation of some sort does not indicate our acceptance of your order, nor does it establish confirmation of our offer to sell. S&K Theatrical Draperies, Inc. reserves the right to accept or decline your order for any reason, even after receipt of your order. All orders are subject to revision and pre-approval with an accepted method of payment. Additional order information, verification, revision or clarification may be required before accepting any order. S&K Theatrical Draperies, Inc. reserves the right at any time after receipt of an order and without prior notice to you to supply less than the quantity order of any item.

 

CHANGE ORDERS AND CANCELLATIONS

Orders in production and/or already cut fabric products cannot be cancelled. Custom-dyed or special ordered fabrics cannot be returned or cancelled. Custom manufactured, curved or specialized curtain track systems and curtain machines, custom hardware and equipment cannot be returned unless defective. All defective returns MUST be pre-approved and accompanied by a pre-approved return authorization. S&K Theatrical Draperies, Inc. cannot be held responsible for changes made after an order is confirmed and sent into production.


SALES TAXES

S&K Theatrical Draperies, Inc. shall automatically charge and withhold the applicable sales tax for orders to be delivered to addresses within the state of California. Each customer shall be solely responsible for all sales taxes, or other taxes, on orders shipped to any other state. For all sales within the state of California, applicable sales tax will be charged unless a valid resale or tax exempt certificate is received or on file when your order is placed. Re-sale certificates cannot be accepted online. Please call (818) 503-0596 and speak to a sales representative to get help processing your re-sale certificate request. 


FABRIC ORDERS

Fabric cut and partial roll orders (less than a full roll) on all stocked fabrics will be cut to exact customer requirements. Cut fabric orders (less than full roll) will be cut to the nearest full yard. When purchasing a full roll or more of fabric at the full roll price, up to a 10% overage is allowed and the actual total cost will be charged at time of shipping. Some fabrics and or colors are only sold by the full roll and will be advertised as such. Some exceptions apply. Quantities discounts are available on select fabrics and for orders in excess of 500 yards. Please call us at (818) 503-0596 for special discounts.


FABRIC DYE LOTS

Fabric colors can vary from their web representation due to dye-lot variations and computer screen settings. You may wish to order a sample to view actual texture and color before ordering the actual material. Variations do occur, however, commercially acceptable matches are provided. Some fabrics are available on custom colors and with set minimum purchase quantities. If a specific custom match is required, submit 6 sq/inch color sample with your order or request. Lab-Dips (small sample) of custom dye lots are available at an additional fee. Allow 6 to 8 weeks for custom colors. Dye lots are limited; extensive yardages may come from multiple dye lots, which will reveal normal dyeing variations. S&K Theatrical Draperies, Inc. cannot be liable for standard color variation. All fabric samples remain the property of S&K Theatrical Draperies. We reserve the right to recall any samples, and to update and service our accounts without prior written permission.


SPECIAL ORDERS

A 50% deposit is required for all custom fabricated products or special orders, except for Net 30 days accounts in good standing. Special order or custom fabricated items are not returnable.


HARDWARE AND RIGGING EQUIPMENT

Curtain tracks rails are priced and sold in full lengths only. Custom cuts are available. Track assemblies (CWANA) are supplied in custom lengths and are priced based on specific project requirements. S&K Theatrical Draperies, Inc. supplies hardware, equipment and rigging supplies to end customers and rigging professionals and cannot be held responsible for the use or misuse of any supply or equipment sold. If you need help choosing the most appropriate hardware for your specific application please contact our technical sales department or consult with a certified and experienced rigging professional. The website shopper and/or product user assumes full responsibility for the product selection, use and installation of all hardware and rigging equipment supplied by S&K Theatrical Draperies, Inc. The products marketed by S&K Theatrical Draperies, Inc. are not designed or intended to suspend or fly performers and are not advertised as such. Custom ordered or custom manufactured hardware, curtain track or rigging equipment are not returnable.

 

STOCK PRODUCTS

Orders for in-stock products usually ship within 24-48 hours. If an item is out-of-stock, you will be notified by an S&K Theatrical Draperies, Inc. customer service representative within 48 hours. We do not ship on Saturdays, Sundays or Holidays. Please allow for an additional 24-48 hours for orders received on weekends. S&K Theatrical Draperies, Inc. cannot be held responsible for the performance of any third party freight carrier. Please read our shipping and receiving policy for more information. 


AVAILABILITY

All stock items are subject to availability and may be discontinued without prior notice. Lead times prior to the shipment of your order can vary depending on the items ordered. Non stock and special order fabrics may take 3 to 5 weeks on average to ship out. Custom hardware and non stock curtain machines usually ship within 2 weeks from order placement. Lead time for custom made products depends on availability of manufacturing materials, project magnitude and current workflow. If on a deadline, please request the estimated shipping date at the time the order is placed and be especially clear about your delivery needs on the acquired product.


CURRENCY

All prices quoted and/or listed on the S&K Theatrical Draperies, Inc. website are in US Dollars ($US).


FREIGHT

All freight services quoted are FOB warehouse. Some products might ship directly from our suppliers. S&K Theatrical Draperies, Inc. reserves the right to determine where each specific order ships from and shall bill all freight charges from chosen shipping point. Orders ship via UPS Ground unless requested any different. Oversized orders too large for UPS shipping will ship via common carrier or LTL freight, unless prior written arrangements between client and S&K Theatrical Draperies, Inc. have been made. Freight related cost will be added to customer order. Alternatively orders can ship via customer’s specified carrier, in which case freight account number and contact information for said carrier must be provided in writing. Shipping cost for international orders do not include brokerage fees, custom duties and taxes.


FREIGHT DELIVERY

CUSTOMERS ARE ADVISED TO THOROUGHLY INSPECT ALL PACKAGES FOR BOTH VISIBLE AND CONCEALED DAMAGE PRIOR TO SIGNING FOR AND/OR ACCEPTING DELIVERY. ANY AND ALL CLAIMS FOR LOSS OR DAMAGE TO GOODS IN TRANSIT MUST BE MADE TO THE DELIVERING CARRIER AND NOTED ON THE DELIVERY RECEIPT.

S&K Theatrical Draperies, Inc. will make every effort, within reason, to assist the customer to resolve the issue and to determine the best course of action. S&K Theatrical Draperies, Inc. cannot be held responsible for product damage on transit caused by freight carrier. 


EXTERNAL LINKS

This website may contain links to other internet sites that are owned and operated by third party companies. By accessing and using this website you acknowledge that S&K Theatrical Draperies, Inc. is not responsible for the content listed on third party websites neither for the operations or performance of such sites.


ACCESS

Access to certain areas of this website may be restricted and/or may require an account is created for log in purposes. If S&K Theatrical Draperies, Inc. provides you with a user ID and password to enable you to access restricted areas of this website or other content or services, you must ensure that the user ID and password are kept confidential to prevent undesired access or purchase transactions with your account. S&K Theatrical Draperies, Inc. reserves the right to disable your user ID and password, restrict, suspend or terminate access to the site at any time, with or without cause, in S&K Theatrical Draperies, Inc.’s sole discretion without notice or explanation.


WEBSITE DISCLAIMER AND LIMITATION OF LIABILITY

S&K Theatrical Draperies, Inc. makes no representations or warranties as to the accuracy or completeness of the information listed on its website, even though the information listed in it is believed to be correct and presented in good faith. All materials, products and literature listed on the S&K Theatrical Draperies, Inc. internet site are provided “as is”.  Information on this website is provided as general guidance and with the understanding that the persons reviewing the listed information will make their own determination as to the product or service suitability for their purposes prior to product purchase and use. S&K Theatrical Draperies Inc. does not warrant the timeliness or accuracy of the materials listed on its website and is not liable for errors or omissions in the information listed in it. S&K Theatrical Draperies, Inc. makes no representations or warranties of any kind, either express or implied regarding its websites contents, information and or operations. S&K Theatrical Draperies, Inc. explicitly disclaims all warranties of any kind, express or implied with respect to its website and its use, including but not limited to the merchantability and fitness of the products listed in it. By accessing and using this website you agree that S&K Theatrical Draperies, Inc., its representatives, officers and employees shall not be liable for damages arising from the use, operation and or content of S&K Theatrical Draperies, Inc. website. You agree that this limitation of liability is comprehensive and applies to direct, indirect, incidental, consequential, special and/or punitive damages of any kind.

 

TYPOGRAPHICAL ERRORS

Descriptive or typographical errors may occur from time to time and are subject to correction. In the event a product is listed with incorrect information, or at an incorrect price due to typographical error, or error in pricing, or product information received from our suppliers, S&K Theatrical Draperies, Inc. has the right to refuse and/or cancel any orders placed for product listed at the incorrect price whether or not the order has been confirmed and your credit card charged. If you have already been billed and your credit card has been charged for the purchase and your order is canceled, S&K Theatrical Draperies, Inc. will immediately issue a credit for the full amount to the credit card used for the transaction.

 

LAW AND JURISDICTION

Users of S&K Theatrical Draperies, Inc. website, products and services agree that any legal action brought against S&K Theatrical Draperies, Inc. shall be governed by the laws of the State of California without regard to its conflict of law principles, and agree that the sole jurisdiction and venue for any litigation arising from the use of S&K Theatrical Draperies, Inc. website and/or the purchase of products or services advertised on this website shall be an appropriate federal or state court located in the County of Los Angeles, California.

 

MANUFACTURER LIMITED WARRANTY

S&K Theatrical Draperies, Inc. warrants that the goods manufactured and sold by it will be of the kind and quality described in the order or contract and will be free of defects in workmanship for a period of one year from the date of the invoice. In addition all products are guaranteed against defects in materials for thirty (30) days from the date of the invoice. Except as expressly stated herein, S&K Theatrical Draperies, Inc. makes no representations or warranties, either express or implied, of any kind with respect to products sold on the S&K Theatrical Draperies website. Should any failure to conform to this warranty appear within the above mentioned periods, S&K Theatrical Draperies, Inc. shall, upon notification thereof and substantiation that the purchase price for the goods has been paid in full, that the goods have been stored, installed, and maintained in accordance with S&K Theatrical Draperies, Inc. recommended and standard industry practice, and that no modification, substitution or alteration have been made to the goods without S&K Theatrical Draperies, Inc. written approval, correct such defect by suitable repair or replacement. S&K Theatrical Draperies, Inc. reserves the right, in its sole discretion and for its sole benefit without waiving any of the conditions precedent to the effectiveness of its foregoing warrant obligation, to inform the end user of the goods that the purchaser hereunder has failed to pay the purchase price for the goods and that, as a result, S&K Theatrical Draperies, Inc. shall not be obligated to honor its warranty obligation hereunder. To permit S&K Theatrical Draperies, Inc. to determine how to correct such defect, seller shall return the allegedly defective goods FOB seller’s factory for inspection. Any such goods replaced or repaired by S&K Theatrical Draperies, Inc. shall be returned to buyer FOB sellers factory. Upon prior written approval of S&K Theatrical Draperies, Inc., company shall be responsible under this limited warranty only for shipment of any replacement parts FOB seller’s factory. The warranty granted herein shall not become effective until the goods have been paid in full. The warranty does not apply to unusual, unique, untested or unconventional use and application. The warranty does not apply to goods not used in accordance with the original stated intent or to products that have been altered, modified or replaced without written authorization from S & K Theatrical Draperies, Inc.


ORAL STATEMENTS DO NOT CONSTITUTE WARRANTIES 

The representatives of S&K Theatrical Draperies, Inc. are not authorized to make oral warranties about the merchandise described in this contract. S&K Theatrical Draperies, Inc. salespersons oral statements do not constitute warranties and shall not be relied upon by the buyer, and are not part of the contract for sale. Thus, this writing is final, complete and exclusive statement of the terms of that contract. Unless a statement in this agreement is specifically identified as a warranty, the statements made in this agreement or any other documents by S&K Theatrical Draperies, Inc. relating to its products are not warranties and do not form a part of the basis of the bargain but are merely made in the course of the negotiations of the parties. 

THIS WARRANTY IS EXCLUSIVE AND IS IN LIEU OF ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR OTHER WARRANTY OF QUALITY, WHETHER EXPRESSED OR IMPLIED.

Correction of non conformities as provided above shall constitute fulfillment of all liabilities of S&K Theatrical Draperies, Inc. to the purchaser, whether based on contract, negligence, strict tort or otherwise. Goods not manufactured by S&K Theatrical Draperies, Inc. are sold and warranted only to the extent and in the manner warranted to S&K Theatrical Draperies, Inc. by the manufacturer and only to the extent that S&K Theatrical Draperies, Inc. is able to enforce such warranty.


LIMITATION OF LIABILITY: 

S&K Theatrical Draperies, Inc. shall not under any circumstances be liable for special, incidental, consequential or punitive damages to any person or entity, whether based upon warranty breach, strict liability, tort, breach of contract or any other legal or equitable theory, regardless of whether the replacement or refund remedy set forth above fails of its essential purpose or for any other reason whatsoever. Consequential damages for purposes hereof shall include without limitation loss of use, profit or income, or losses sustained as the result of injury –including death- to any person or loss or damage to property, including, without limitation property handled or processed by the use of the goods. The remedies of the buyer set forth herein are exclusive, and the liability of S&K Theatrical Draperies, Inc. whether arising out of contract, negligence, strict tort, or under any warranty, or otherwise shall not, except as expressly provided exceed the price of the goods upon which such liability is based. Back charges will not be accepted.