JKB Fabrics Terms of Service
JKB Fabrics online accounts are only intended to be used by our valued customers for the purpose of searching products we offer and the ordering of samples and products for a business or person’s desired use. Attempts to use your online account for purposes other than what it is intended for, may result in suspension of your account with or without notice.
All communication for JKB Fabrics business, regarding printed material such as order acknowledgments, invoices, shipment tracking and statements will be sent to you via email to your current address on your account. All customers are required to keep their account profile and contact information up to date.
JKB Fabrics Service commitment to customer satisfaction, quality product and competitive pricing is our main goal. Any concerns, comments or questions should be emailed to us via email@example.com for prompt action. Please allow up to 1 full business day for a response.
JKB Fabrics understands that your information—as well as your time and resources—are yours. In this policy we spell out our commitment to protecting the privacy of your information.
Browsing: We store information common to all websites based on your requests. Among other things, this includes the IP address, web browser and version, and operating system you used to make the requests. It also includes what pages you visited and how frequently you visited them. This information will be collected regardless of whether or not you have an account with us--but this information alone can't be used to identify you or to contact you.
Account Signup / Update: We also store information provided voluntarily by you. This information may be provided by you either through the account signup or account management pages on our website or by our other means of communication. Because one of the primary purposes in setting up an online account on the JKB Fabrics.com website is to search, order samples and products, we need to collect information from you to accomplish that purpose. Such information includes a contact name, and your company name, phone number, email address, billing and shipping address, city, state, and zip code, taxable status and agreement of our three terms notices.
Unrelated services: We may request additional information from you unrelated to the purposes of browsing the website and ordering samples, such as your opinions of our website, our products, and our service. Providing this information will always be optional on your part.
How we use your information
Business Use: We'll keep your information on file in order to contact you. Reasons we might want to get in touch with you include keeping your account information up to date, updating you on the status of one of your orders, notifying you if a payment is past due, or letting you know about our great deals or upcoming programs if we’re pretty confident you'll be interested.
Sharing: We'll never give your information out to third parties without your consent except to provide your requested products or services, or when we have your permission, or when it is legally required. We may use third parties to contact you on our behalf. Such third parties are under an agreement to keep your information confidential.
How we protect your information
Retention: We’ll keep your information on file for as long as there is a business purpose. If you close your online account, we may retain all of the data pertaining to orders you made for our own record-keeping. We will also keep your browsing data for statistical reasons. The account itself, however, will be made inaccessible.
Security: We strive to keep your data secure. We limit direct access to your information only to select individuals within our company who have a need for that access.
Changes to this Policy:We may update this policy at any time. When we do, we will notify you by email of the change or changes.
Terms & Conditions of Sale
Entire Agreement: These conditions and terms of sale shall be the controlling agreement between JKB Fabrics and the customer, to the exclusion of all implied or oral warranties or understandings and were the inducement for JKB Fabrics to deliver the fabrics and/or coated materials on this contract. This supersedes buyer’s order form. Contract conditions can be changed with written agreement from JKB Fabrics.
Shipment, Title, Force Majeure: Fabrics and/or coated materials will be shipped as near as possible to the date on the order acknowledgement, but shipment on time is subject to force majeure clause. Seller is not liable for delay in delivery or performance because of storm, flood, act of God, war, strikes, and contingencies beyond seller’s control. Title to the goods is transferred to the buyer with delivery to buyer’s conveyance or common carrier or anytime the risk of loss to the goods is transferred from JKB Fabrics to buyer or third party.
Credit: Goods are sold FOB shipping point. Terms of payment on face of invoice shall be considered from invoice date. Payments are made to seller or factor as indicated. All invoices are payable in United States dollars. Past due invoices are subject to finance charge of two percent per month or maximum rate allowed by law. JKB Fabrics or factor may in its discretion limit or cancel the credit of the buyer and may require anticipation of cash payment before delivery of any portion of this order. No deductions from the face amount of the invoice may be taken from merchandise invoice payment unless accompanied by JKB Fabrics issued credit memorandum. In the states that it is permissible, Burch Fabrics imposes a surcharge of 3% on credit card charges, which is not greater than our cost of acceptance.
Claims, Testing, Inspection, Returns: No yardage claim shall be made if the fabric and/or coated material has been cut, fabricated, worked, utilized, chemically treated or its intact value reduced. No returns accepted without prior return authorization. No return accepted nor allowance made after 30 days from delivery. Used cover complaints received from the field are handled individually upon buyer returning the used cushion or panel cover for examination and testing. Claims are settled based on the purchase price of fabric and/or coated material in the contract and not labor, freight or incidental or consequential damages.
Warranties: JKB Fabrics warrants title to the products covered by this contract, but there are no other warranties of any kind unless specifically expressed below. Fabric and/or coated material covered by this contract are the same or substantially conform to JKB Fabrics’ sample from which fabric and/or coated material order was placed. All fabric and/or coated materials made of natural or synthetic fibers are sold subject to the inherent imperfections of fibers and yarns, normal deviation of shade between dye and manufacturing lots. JKB Fabrics shall not be responsible for normal variation of the hand of finished fabrics and/or coated materials. Buyer agrees there is no warranty by JKB Fabrics in fact or in law that the merchandise which is the subject of this sale is suitable for any particular use or purpose for any particular type style, designs of furniture, household or commercial product, apparel or any use. Suitability of the merchandise for the end use contemplated by buyer is the responsibility of the buyer to be ascertained by buyer’s sampling and testing. The testing for any particular use or industry to meet the physical specification of any state or country is the buyer’s responsibility. Buyer has the duty to determine whether the fabric and/or coated material is fit or unfit for the purpose intended or use including the resale purpose. Any liability is limited to JKB Fabrics’ customer and not to those claiming through the customer. JKB Fabrics’ woven upholstery fabrics and/or coated materials are tested according to the voluntary joint industry standard committee and test results are available upon request. Fabric and/or coated material specifications, National Safety Data Sheets (NSDS) NAFTA certificates of origin supplied upon request. JKB Fabrics shall not be liable for normal and customary manufacturing and finishing variations from specifications. Buyer will accept and pay for total quantity variation plus or minus 10% of goods on contract, will pay for seconds and small rolls not exceeding 10% of contract quality. Purchaser agrees that JKB Fabrics shall not be responsible for any change in or compromise of fabric and/or coated material characteristics that result from the shipment of furniture, cushions, panels, components or other applications. Purchaser further agrees that the warranties provided pursuant to this Sales Contract do not apply to changes in or compromise of fabric and/or vinyl characteristics resulting from the shipment of such items.
Cleaning and Maintenance: Cleaning information is offered for general guidance and is not a guarantee. The use of certain cleaning agents can be harmful to the surface appearance and lifespan of a fabric and/or coated material. JKB Fabrics assumes no responsibility for damage to a product resulting from lack of cleaning, improper cleaning or the misuse of cleaning agents. Certain clothing and accessory dyes (such as those used on denim jeans) may migrate to fabrics and/or coated materials and cause permanent damage. JKB Fabrics cannot be held responsible for dye transfer caused by external contaminants.
Liability: Liability is limited to the cost of the fabric and/or coated material purchased from JKB Fabrics. JKB Fabrics should not be liable for consequential or incidental damages.
Flammability: JKB Fabrics disclaims any warranty whatsoever, whether expressed or implied with respect to flammability of material specified in this contract with one exception, i.e. individual flammability standards will be stated on the JKB Fabrics sample if products are intended for a specified use. With this exception, no fabric and/or coated materials covered by this contract is intended or promoted for any use covered by any flammability or fire retardant or fire resistant standard for furniture, apparel, mattresses, panels, curtains, drapery or any household, commercial or personal use. Fabrics and/or coated materials can be tested at buyer’s expense to determine if a fabric and/or coated material’s construction meets flammability standards of the particular industry and political jurisdiction, or can be special finished to meet this flammability standard. Test results and any certificate of compliance of the roll numbers on this contract are to be furnished by the special finisher direct to the buyer.
Proposition 65: JKB Fabrics’ products may contain chemicals known to the State of California to cause cancer, birth defects and other reproductive harm.
California Assembly Bill 2998: Effective January 1, 2020 California Assembly Bill 2998 prohibits the sale of upholstered furniture with FR (Flame Retardant) chemicals over 1,000 ppm into the State of California. Burch cannot be held liable for materials containing FR chemicals sold into the State of California without proper notification at the time of order. The statement MUST BE CAL AB 2998 COMPLIANT must be clearly indicated on the purchase order if the material will be installed in the State of California. If not explicitly specified on the purchase order Burch accepts no responsibility for ensuring the material is compliant with CAL AB 2998.
Copyrights, Trade Marks: No right in pattern and design of neither goods, nor any trade names or trademarks of JKB Fabrics passes to Buyer under this contract, except as an integral part of the goods. Buyer agrees not to copy or cause to be copied or reproduced any such pattern or any confusingly similar design.
Acknowledgement: Buyer acknowledges they are aware that JKB Fabrics is only the distributor of the materials covered by this agreement and is not the manufacturer.
This contract is governed by the law of Michigan, and shall be construed by the laws of the State of Michigan, USA.
Fiber Contents of Fabric Shipped Identified on Sample Page
Continuing Guaranty Under the Textile Fiber Products Identification Act Filed with the Federal Trade Commission.