Terms of Service

Version 2026.1 · Effective October 2, 2026

These Terms apply to all work performed by American Upholstery ("we," "us") for you ("Customer"), including but not limited to upholstery, reupholstery, fabrication, installation, repair, pickup, transport, and delivery work of every kind, whether performed at our facility or anywhere else, and whether Items are moved to, from, or between our facility and any other location. "Item" means any property Customer brings to us, asks us to work on, or asks us to pick up, transport, or deliver, of any type or size, and all of its parts, including but not limited to furniture; cars, trucks, motorcycles, and RVs; commercial, fleet, municipal, and heavy vehicles such as buses and refuse trucks; boats and personal watercraft; ATVs, UTVs, and golf carts; aircraft; machinery and equipment; and commercial, casino, cinema, and outdoor seating and furnishings. Every reference in these Terms to an item, vehicle, vessel, or equipment includes all Items. The current version is always posted at americanupholstery.com/service-terms.html.

1. Estimates

1. Estimates are based on the information, photos, and measurements available at the time and are valid for 30 days.
2. Fabric yardage, labor, and materials are estimated before the Item is disassembled. Conditions found after teardown may change the price (see section 4).
3. Estimates do not include pickup, delivery, storage, installation, site work, or customer-requested changes unless stated in writing.

2. Payment and Credit Terms

1. Payment in full is required before work begins, unless American Upholstery agrees otherwise in writing.
2. Credit terms, such as deposits, progress billing, or net payment terms, are not offered by default. We may offer them to commercial customers or for larger projects, at our sole discretion, only after a history of successful, on-time transactions with that customer and only by written agreement signed by both parties.
3. We may change, suspend, or withdraw any credit terms at any time, at our sole discretion, including for orders already in progress. If any invoice is past due, we may stop work, hold Items, and require payment in full before work continues or Items are released.
4. Additional charges that arise during or after the work (approved additional repairs, change orders, storage, pickup, delivery, and similar charges) are due before the Item is released or delivered.
5. Material prices may change because of supplier increases, tariffs, or shortages. For work under credit terms or with materials ordered in phases, if a material cost rises more than 5% before we order it, we may adjust the price to match and will tell Customer before ordering.
6. Customer's purchase order number, if any, will be shown on our invoices for reference only (see section 22).
7. Sales tax is charged unless Customer gives us a valid exemption certificate before invoicing. Customer is responsible for any tax, penalty, or interest if a claimed exemption is denied.

3. Completion, Pickup, Delivery, and Storage

1. When work is complete, we will contact Customer at the phone number and email provided. Customer is responsible for keeping that contact information current.
2. Customer has 7 days after notice to pick up the Item before daily storage charges begin.
3. Standard Items: storage is $15 per day after the 7-day period. Large Items (vehicles, boats, extra-large couches, and similar): Customer has 3 business days, then storage is $25 per day.
4. Customer must pick up completed Items within 30 days of notice.
5. Items not picked up within 30 days of notice are considered abandoned. American Upholstery may then sell, donate, or dispose of the Item at its discretion and apply any proceeds to amounts owed.
6. We pick up, transport, and deliver Items between our facility and any other location, or between any other locations, including but not limited to homes, businesses, job sites, storage facilities, dealerships, and marinas, within the greater Phoenix metro area for a fee, charged per trip. Service outside that area is quoted separately or may not be available. Delivery is scheduled only after the balance is paid in full.
7. Customer or an adult Customer authorizes must be present at the scheduled time. The Item must be ready to move: emptied, disconnected from power and water, and with a clear path. Waiting time beyond 15 minutes, extra trips, stairs or long carries, extra crew, and appointments missed or canceled with less than 24 hours' notice may be charged.
8. Customer is responsible for safe access, including parking, gates, stairs, elevators, and building or HOA rules. If an Item does not fit through doors, stairways, or elevators, we are not responsible and do not remove doors, railings, or frames unless agreed in writing.
9. We are not responsible for damage to floors, walls, door frames, railings, landscaping, or other property from normal moving, or for damage to an Item caused by pre-existing weakness in its legs, joints, frame, or finish during normal handling.
10. Our condition notes and photos at pickup are the record of the Item's condition under section 4.8. If Customer asks us to leave a delivered Item when no one is present, the Item is accepted as delivered in good condition when we leave it.
11. Sections 14 and 15 apply to pickup, transport, handling, and delivery.

4. Hidden Conditions, Breakage, and Replacement Parts

1. If we find damage or conditions that were not visible or not disclosed (for example frame, spring, webbing, or structural damage, pests, mold, or previous repairs), we will contact Customer with an updated estimate.
2. Additional work proceeds only with Customer's approval. The project is paused until Customer approves or declines.
3. If Customer declines, Customer remains responsible for materials already purchased and labor already completed.
4. We are not responsible for the condition of frames, springs, mechanisms, or finishes that were not part of the agreed work.
5. Items that are older, weathered, sun-damaged, or previously repaired often have weakened parts. During removal, disassembly, cleaning, fitting, installation, and reinstallation, parts may break or be damaged even with proper care. This includes but is not limited to bolts, screws, nuts, snaps, clips, rivets, staples, tack strips, welds, brackets, frames, wood, plastic trim, panels, wiring, connectors, finishes, glass, canvas, and vinyl. We are not responsible for this breakage or damage, and replacing broken parts is at Customer's cost.
6. Original parts may be discontinued or unavailable. We may, at our sole discretion, use substitute parts, fasteners, hardware, or materials, for example a metal clip in place of a plastic one, different snaps or fasteners, or a different foam or backing. Substitutes may differ in fit, appearance, weight, and in how they interact with frames, subframes, mounting points, or surrounding components. Customer accepts these differences.
7. We are not responsible for rust, rot, corrosion, mold, pests, water damage, or other hidden conditions, or for damage they cause during or after the work.
8. Our condition notes, photos, and any asset tags or unit numbers recorded at drop-off or pickup are the agreed record of each Item's condition when we received it, unless Customer objects in writing within 2 business days.

5. Cancellations and Refunds

1. Because the work is custom, payments are non-refundable once work has begun or materials have been ordered.
2. A cancellation before work begins may receive a partial refund at our sole discretion, minus the cost of special-order or cut materials, restocking fees, and administrative costs.
3. We may decline any job, or stop work and return an Item at any time, at our sole discretion, including for safety, payment, Item condition, or conduct concerns. If we stop work for reasons other than Customer's breach, we will refund any payment for work not performed, minus the cost of materials already ordered.

6. Materials and Natural Variations

Upholstery materials are made in batches and from natural sources, so the finished Item may differ from samples, swatches, photos, or a previous order. These differences are normal and are not defects:

1. Dye lots. Fabric, vinyl, and leather from different production runs can vary in color, shade, and hand. A swatch or sample may not match the bolt cut for your job, and we cannot guarantee a match to an earlier order or to existing pieces.
2. Screens and photos. Colors shown on websites, quote tools, or phone screens are approximate.
3. Leather and hides. Natural leather and hair-on hides have scars, brands, insect bites, wrinkles, grain and color variation, and stretch marks. On hair-on and short-hair hides, the hair grows in different directions and lengths across the hide, so the lay, shading, and pattern will vary from panel to panel and cannot be fully matched.
4. Nap and pile. Velvet, mohair, chenille, and similar fabrics show shading, crushing, and color change depending on the direction of the pile and the light. This shading increases with use.
5. Pattern placement. We match patterns and stripes where practical, but exact matching across seams, cushions, and curved surfaces is not always possible, and large repeats may need extra yardage at Customer's cost.
6. Wear characteristics. Foam softens and settles, cushions conform to use, fabrics may pill, and vinyl and leather may wrinkle or stretch. These are normal and not covered by warranty.
7. Availability. Manufacturers may discontinue, backorder, or change materials without notice. If a selected material becomes unavailable, we will contact Customer to choose a substitute or adjust the schedule.

7. Customer-Selected Materials

1. We may advise Customer that a selected material is not suitable for the intended use, for example fabric that is too thin or light, below recommended abrasion ratings (double rubs), not rated for outdoor or commercial use, or likely to stretch, seam-slip, or fade.
2. If Customer chooses to proceed with that material against our advice, Customer accepts all risk of appearance, performance, and durability problems, and those issues are excluded from warranty.
3. We may ask Customer to initial or sign an acknowledgment for these materials before work begins.

8. Customer-Supplied Materials

1. If Customer provides their own fabric or materials, we are not responsible for their defects, flaws, shrinkage, color, durability, or performance, or for flaws discovered during cutting.
2. We will estimate the yardage needed at the start of the project. If more is needed, Customer must supply it, and work may be paused until it arrives.
3. Labor rates for customer-supplied materials may differ from rates for materials we supply.

9. Commercial Clients and Specified Materials

1. If a commercial client requires a material specified by a third party (architect, designer, contractor, or similar), Customer is responsible for purchasing and supplying it before work begins.
2. We do not source designer or specialty materials unless agreed in writing.
3. For multi-unit projects, Customer will approve a sample or first completed unit in writing before production. Production units that match the approved sample are accepted as meeting the specification.
4. Customer is responsible for ensuring that materials meet all fire codes (for example CAL TB 117-2013, CAL TB 133, or NFPA 260), durability, and regulatory requirements for the intended use. Flammability certificates we provide come from the material manufacturer, and we do not independently test materials.
5. Changes to materials or specifications after work has begun may result in additional cost and delay.

10. Vehicles, Vessels, and Equipment

1. This section applies to every vehicle, vessel, machine, and piece of equipment of any type or size, including but not limited to cars, trucks, motorcycles, RVs, trailers, buses, refuse and other commercial or municipal vehicles, boats, personal watercraft, ATVs, UTVs, golf carts, aircraft, tractors, construction and agricultural equipment, and commercial or fitness equipment.
2. Customer authorizes us to start, move, and operate the vehicle, vessel, or equipment on and around our premises as needed to perform the work.
3. We do not perform mechanical, electrical, electronic, or structural repairs unless agreed in writing, and we are not responsible for pre-existing conditions in those systems.
4. We are not responsible for warning lights, battery condition, or system faults that appear after seats, panels, covers, or trim are removed and reinstalled.
5. Storage charges in section 3 apply. Vehicles, vessels, and equipment not picked up within 30 days of notice may be handled under the lien and abandoned-vehicle procedures available under Arizona law.

11. Use and Safety of Finished Items

1. Many Items we work on affect safety in use. Examples include but are not limited to steering wheels and their covers or wraps; seats, seat covers, and seat mounts; seat belts and harnesses; airbags and airbag covers; sensors; pedals and floor coverings; handles and grab rails; boat and personal-watercraft seats, cushions, and covers; boat, trailer, and vehicle covers; tops and enclosures; shade sails and structures; recliner and furniture mechanisms; mats and padding; and any Item people sit on, stand on, hold, or rely on for support or protection.
2. We do not repair, modify, test, or certify airbags, seat belts, sensors, flotation, or any restraint or safety system. Upholstered Items and cushions are not flotation or life-saving devices. Covers or upholstery placed over seat-mounted airbags may affect airbag deployment unless built with airbag-compatible seams. Customer accepts these risks when choosing covers, materials, or designs.
3. Before using, driving, operating, towing, or transporting any Item, Customer must inspect and test every upholstered, replaced, installed, or reinstalled part. This includes fit, fasteners, snaps, and straps; the grip of any steering-wheel cover or wrap; seat locking and mounting; seat belts; clear operation of pedals and controls; and the absence of warning lights. Covers, tops, and enclosures must be removed or properly secured before towing or traveling at speed.
4. If anything is loose, slips, shifts, tears, interferes with a control, or a warning light appears, Customer must stop using the Item and contact us right away.
5. Customer is responsible for safe use, inspection, and maintenance, and for making sure any Item or modification complies with applicable laws, regulations, and manufacturer requirements.

12. Work at Customer Sites and Installations

1. This section applies to any work we perform away from our facility, including but not limited to on-site upholstery and repair, removal and reinstallation, and installation of shade sails, structures, panels, seating, cushions, covers, and other products.
2. Customer is responsible for safe, clear, and timely access to the work area, adequate power and lighting, secure staging space, and removing or protecting nearby property. Delays or extra trips caused by lack of access or site conditions are billed at our standard rates.
3. Customer is responsible for site conditions we did not create, including but not limited to existing structures, walls, posts, roofs, footings, slabs, substrates, anchor points, and their capacity; underground or concealed utilities, pipes, wiring, and irrigation; soil, drainage, and grade; and hazardous materials. Unless we agree in writing to provide them, Customer is responsible for engineering, permits, HOA or landlord approvals, and utility locates.
4. We are not responsible for damage to finishes, floors, walls, landscaping, or other property in or near the work area that results from normal installation activity, from site conditions, or from the condition of existing structures.
5. When we attach to or rely on Customer's existing structures or anchor points, we do so at Customer's direction and risk, and we do not inspect or certify their strength. Installed products must be used and maintained as we or the manufacturer direct. Shade sails and similar structures must be lowered or removed in high winds, storms, or as the product instructions direct.
6. Customer must follow any site safety, badging, escort, or security rules and tell us about them in writing before work begins. Work hours outside our normal schedule may be billed at premium rates.
7. Removal and disposal of old materials, foam, frames, and packaging are not included unless stated in writing.

13. Limited Warranty

1. We warrant our workmanship (stitching, seams, and the structural integrity of the upholstery work we performed) against defects for 90 days from pickup, delivery, or completion of installation, whichever comes first.
2. We do not warrant materials. Fabrics, foam, leather, vinyl, hardware, frames, and products are covered only by their manufacturers' warranties, if any. If a material fails within its manufacturer's warranty, we will make reasonable efforts to help Customer submit and pursue the claim with the manufacturer or supplier, but the outcome is the manufacturer's decision. Labor to remove and replace materials under a manufacturer claim is billed at our standard rates unless the manufacturer pays for it.
3. The warranty does not cover: normal wear and tear, misuse, abuse, pets, accidental damage, or commercial wear beyond the material's rating; damage from moisture, extreme temperatures, UV exposure, wind, weather, mold, mildew, or other environmental factors; customer-supplied materials, or customer-selected materials under section 7; the breakage, substitutions, and conditions in section 4; the natural variations in section 6; site conditions and existing structures under section 12; or Items altered, repaired, or moved by anyone other than us.
4. Outdoor products: we use materials designed for outdoor use but cannot guarantee against weathering, fading, or degradation from environmental exposure. Proper care extends their life.
5. To make a warranty claim, Customer must notify us in writing within the warranty period and give us a reasonable chance to inspect the Item.
6. Customer's only remedy under this warranty is, at our option, repair of the defective workmanship or a refund of the labor charge for the affected portion. THIS WARRANTY REPLACES ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, TO THE FULLEST EXTENT ALLOWED BY LAW.

14. Limitation of Liability

1. We take pride in our craftsmanship. We are not responsible for pre-existing wear, weakness, or damage in an Item's frame, structure, finish, or mechanisms, or for loss or damage caused by fire, theft, flood, or other events beyond our reasonable control while Items are in our care.
2. To the fullest extent allowed by law, our total liability for all claims of any kind related to a job, combined, will not exceed the amount invoiced for that specific job. For multi-unit or phased projects, the limit is the amount invoiced for the specific Items or phase that gave rise to the claim. This limit applies whatever the legal theory, including contract, warranty, negligence, and product liability.
3. We are not liable for indirect, incidental, special, or consequential damages, including but not limited to lost profits, lost revenue, downtime, loss of use, or the cost of substitute Items, vehicles, or facilities.
4. Customer and American Upholstery agree that these limits are a reasonable allocation of risk, are reflected in our prices, and are an essential part of our agreement.
5. Any claim against us must be brought within one year after the work is completed, or it is waived.
6. The limits in sections 13, 14, and 15 do not apply to the extent a loss is caused by our gross negligence or willful misconduct, or where the law does not allow the limit.

15. Release, Indemnification, and Hold Harmless

Please read this section carefully. It limits your rights.

1. To the fullest extent permitted by law, Customer releases American Upholstery and its owners, employees, and contractors from all claims for bodily injury, death, property damage, loss of use, or any other loss arising from or related to the work, the materials or parts used, or the use, operation, transport, installation, or condition of any Item, whether the loss happens during the work, at our facility, at a customer site, or after the Item leaves our possession, including claims alleging our ordinary negligence. This includes, for example, a component that slips, loosens, shifts, breaks, wears, or fails, and parts broken or substituted as described in section 4.
2. Customer agrees to indemnify, defend, and hold harmless American Upholstery and its owners, employees, and contractors from any claim, demand, lawsuit, cost, or attorney fees brought by Customer, drivers, passengers, guests, patrons, employees, or any third party that arises from: (a) the use, operation, transport, or condition of the Item after pickup, delivery, or installation; (b) Customer's choice of materials, parts, designs, or specifications; (c) Customer's failure to follow section 11 or 12; (d) site conditions or existing structures; (e) inaccurate information or undisclosed conditions; or (f) the condition of the Item when it was brought to us.
3. Customer will make anyone who uses, operates, or rides in or on the Item aware of the inspection requirements in section 11.
4. This section continues to apply after the work is complete and payment is made.

16. Items Left in Furniture, Vehicles, and Boats

Customer should remove all personal items before drop-off, including valuables, documents, garage-door openers, and toll transponders. We are not responsible for property left in cushions, compartments, vehicles, or vessels.

17. Inspection and Concerns

Customer should inspect Items at pickup, delivery, or completion of installation. Concerns must be reported within 48 hours. Using the Item after that period is acceptance of the work, except for warranty claims under section 13.

18. Photographs

We may photograph Items and work sites before, during, and after work for our records and to show examples of our work. We do not publish customer names, addresses, or other personal details. Customer may ask in writing that photos of their Item or site not be published.

19. Communications

We will contact Customer by phone and email about their project. Text messages are sent only with Customer's separate consent, given on our intake form. Message and data rates may apply. Reply STOP to opt out or HELP for help. We never sell or share Customer's information with third parties for marketing.

20. Government, Tribal, and Public Entities

1. If Customer is a government agency, tribal nation or tribal enterprise, school, or other public entity, these Terms apply except where a law that governs Customer prevents a specific provision from applying, and only that provision is affected.
2. A tribal nation or tribal enterprise that accepts these Terms or places an order agrees to a limited waiver of sovereign immunity solely to allow American Upholstery to enforce payment for work performed and to enforce these Terms, in the forum stated in section 23.
3. Any procurement terms, vendor registration, or licensing requirements a public Customer requires apply only if they are provided to us in writing before work begins.

21. Changes to These Terms

1. We may update these Terms from time to time. The current version, with its version number and effective date, is always posted at americanupholstery.com/service-terms.html.
2. The version in effect on the date Customer drops off an Item, makes a payment, or authorizes work governs that job.
3. Customer is responsible for reviewing the current Terms before each new order. Submitting a request, leaving an Item, making a payment, or authorizing work after an update is acceptance of the updated Terms for that order.

22. Order of Precedence

1. If Customer and American Upholstery sign a separate written agreement for a job, that agreement controls where it conflicts with these Terms.
2. Otherwise, these Terms control. Terms printed on or referenced in a Customer purchase order, vendor packet, or similar form do not apply unless an owner of American Upholstery signs them, and a purchase order number is used for reference only.

23. Governing Law, Severability, and Interpretation

1. These Terms are governed by the laws of the State of Arizona. Any dispute will be resolved in the courts of Maricopa County, Arizona.
2. If any part of these Terms is found unenforceable, it will be enforced to the fullest extent allowed and the rest remains in effect.
3. Words such as "including," "for example," and "such as" mean "including but not limited to." Any list in these Terms gives examples and does not limit the Terms to the Items listed.
4. Wherever these Terms give American Upholstery a choice, decision, approval, or determination, including whether to accept or continue a job, offer or withdraw credit terms, use substitute materials or parts, set fees, decide whether a condition is pre-existing or a claim is covered, or choose a remedy, American Upholstery may make it in its sole discretion, and its decision is final, to the fullest extent allowed by law.
5. These Terms, together with the estimate or invoice for the job, are the entire agreement between Customer and American Upholstery for that job, subject to section 22.

24. Agreement to Terms

By submitting a request through our website, signing our intake form, leaving an Item with us, authorizing work at a customer site, issuing a purchase order, or making a payment, Customer agrees to these Terms and accepts responsibility for all applicable costs.