Instagram Youtube Linkedin
Let’s Plan Your Project Together!

Terms of Service

BIJOU COVERINGS LLC

TERMS AND CONDITIONS (MASTER DRAFT – CURRENT)

  1. GENERAL

The sale of products and services (the “Products” and “Services”) described on any purchase order, invoice, estimate, or proposal (“PO/Invoice”) issued by Bijou Coverings LLC (“Company”) shall be governed exclusively by these Terms and Conditions. The purchaser is referred to as “Customer.”

By placing an order, approving artwork, or submitting payment, Customer agrees to be bound by these Terms and Conditions and Company’s policies posted at:

as amended from time to time. These Terms supersede all prior proposals, agreements, or communications, whether oral or written.

  1. DEFINITIONS
  • “Design Files”: All artwork, designs, layouts, renderings, patterns, and print-ready files created by Company.
  • “Design Development Services”: Creative services including concept development, revisions, and preparation of print-ready artwork.
  • “Production Services”: Printing and manufacturing performed by Company.
  • “Project”: A single, site-specific installation at a defined location.
  • “Licensed Use”: Limited rights granted to use Design Files under these Terms.
  • “Design Ownership Transfer”: Assignment of ownership rights in final Design Files upon payment of a separate fee.
  1. PAYMENT TERMS

A sixty percent (60%) deposit is due upon placement of an order. The remaining forty percent (40%) balance, plus all shipping, freight, and insurance charges, must be paid in full and cleared prior to shipment of the Products.

  • All payments must be received and cleared before shipment.
  • Shipping and insurance costs are not included in Product pricing and will be billed separately.
  • Credit card payments are subject to a 4% processing fee.
  • Payments must be made without deduction or offset.
  • Interest accrues on unpaid balances exceeding thirty (30) days at 1.5% per month, or the maximum rate permitted by law.
  • Company may apply any payment received to any outstanding balance owed by Customer under this or any other agreement.
  • Failure to pay when due entitles Company to suspend work, withhold files, delay shipment, or cancel unfulfilled orders without liability.

Design Ownership Transfer fees (if applicable) are due 100% upfront and are non-refundable.

  1. LEGAL FEES ON COLLECTION

If Company is required to take action to collect any amounts due, Customer shall be responsible for all reasonable legal fees, court costs, and collection expenses incurred by Company.

  1. DESIGN DEVELOPMENT & INTELLECTUAL PROPERTY
  2. Default Ownership (Bijou Production)

All Design Files remain the sole and exclusive property of Company unless expressly transferred in writing.

When Design Development Services are provided in connection with Company’s Production Services, Customer is granted a non-exclusive, non-transferable, project-specific license to use the Design Files solely for the Project and only when produced by Company.

Any reuse, reproduction, modification, resale, or third-party production is strictly prohibited without Company’s prior written consent.

  1. Design Ownership Transfer 

Design Ownership Transfer is available only upon Customer request and full payment of the applicable non-refundable fee.

Transfer fees apply per design, not per order, location, or installation.

Company retains the perpetual right to display designs for portfolio, marketing, and promotional purposes.

No Design Files will be released until payment has cleared.

  1. DESIGN SERVICES WITHOUT PRODUCTION

Design Development Services are included only when Company is engaged for Production Services.

If Customer requests design-only services or digital mockups without production, such services may be billed at $95 per hour, and Company may require a deposit prior to commencing work.

  1. CUSTOMER-PROVIDED ARTWORK & INDEMNIFICATION

If Customer provides artwork, logos, images, trademarks, or other materials (“Customer Materials”), Customer represents and warrants that it owns or has obtained all necessary rights to use such materials.

Customer agrees to indemnify, defend, and hold harmless Company and its affiliates, members, managers, employees, and agents from any and all claims, damages, liabilities, losses, costs, and expenses (including attorneys’ fees) arising out of or related to Customer Materials, including claims of copyright, trademark, or intellectual property infringement.

  1. PRODUCTION LEAD TIMES & DELAYS

Estimated production lead times are two to four (2–4) weeks, subject to material specifications, finishing requirements, and final approvals.

Lead times are estimates only. Customer acknowledges that delays may occur due to factors outside Company’s control, including but not limited to material availability, supply chain disruptions, approval delays, or shipping carrier issues.

Customer agrees that Company shall not be held liable for delays in production or delivery and waives any right to pursue damages, penalties, or claims arising from missed deadlines or delayed delivery.

  1. STORAGE & WAREHOUSING

Company does not provide complimentary storage.

If Customer requests or causes Company to store completed Products after production completion or after written notice that Products are ready for shipment, Company may assess a storage fee equal to 1.5% of the total invoice value per week.

  • Storage fees begin accruing once Products are complete and not released for shipment.
  • Storage fees are invoiced weekly, regardless of partial-week storage.
  • All storage fees must be paid in full prior to release or shipment of Products.
  • Storage is provided as a convenience only, and Company shall not be responsible for delays, deterioration, or damage beyond reasonable care while Products are stored.
  1. SHIPPING; RISK OF LOSS; INSURANCE

Unless otherwise agreed in writing, all shipments are F.O.B. shipping point. Risk of loss transfers to Customer upon delivery to the carrier.

Shipping insurance shall be applied to all shipments. Insurance costs are billed to Customer and are not included in Product pricing.

  • Company does not bake shipping, freight, or insurance costs into pricing.
  • Customer is responsible for all carrier charges, accessorial fees, freight costs, and insurance premiums.
  • Shipping and insurance charges must be paid in full prior to shipment.
  1. RETURNS; ACCEPTANCE; CLAIMS

All sales are final. Custom Products are non-returnable and non-refundable.

Customer must inspect Products upon delivery. Failure to notify Company in writing of defects or non-conforming goods within seven (7) days of delivery shall constitute acceptance.

All other claims must be made in writing no later than three (3) months from delivery. Company shall not be responsible for installation errors, inaccurate measurements, or installer performance.

  1. NO REPRESENTATIONS OR WARRANTIES

EXCEPT AS EXPRESSLY STATED HEREIN, THE PRODUCTS ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND. COMPANY DISCLAIMS ALL EXPRESS OR IMPLIED WARRANTIES, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

  1. LIMITATION OF LIABILITY

ANY CLAIMS AGAINST COMPANY MUST BE COMMENCED WITHIN THREE (3) MONTHS FROM THE DATE OF THE PO/INVOICE OR DELIVERY, WHICHEVER OCCURS FIRST.

COMPANY’S TOTAL LIABILITY SHALL NOT EXCEED THE PURCHASE PRICE OF THE PRODUCTS GIVING RISE TO THE CLAIM. IN NO EVENT SHALL COMPANY BE LIABLE FOR INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFITS OR THIRD-PARTY PRODUCTION COSTS.

  1. FORCE MAJEURE

Company shall not be liable for delays or failure to perform due to causes beyond its reasonable control, including acts of God, labor disputes, supply chain disruptions, pandemics, governmental actions, or transportation interruptions. Delays exceeding forty-five (45) days may result in cancellation without liability.

  1. GOVERNING LAW; VENUE

These Terms shall be governed by the laws of the State of New York, without regard to conflict-of-laws principles. Exclusive venue shall lie in the courts of Nassau County, New York, including the U.S. District Court for the Eastern District of New York.

  1. MISCELLANEOUS

All notices shall be in writing and delivered personally or by overnight courier. Neither party may assign this agreement without written consent. If any provision is held unenforceable, the remaining provisions shall remain in full force and effect. Failure to enforce any provision shall not constitute a waiver.