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Terms & Conditions of Sale
Art4Causes, LLC shall be henceforward referred to as Seller in these Terms and Conditions of Sale. Purchaser of artwork or goods shall be henceforward referred to as Buyer. Online web, print, gallery, show, or any other display of the artwork and goods including actual artwork or goods, representation through photographs, prints, copies, descriptions, or publication shall be henceforward referred to as the Catalogue. Shipping costs including but not limited to shipping, packaging, handling, delivery confirmation, and insurance shall be henceforward referred to as Shipping Costs.
TERMS: All artwork and goods are sold "AS IS." There are no representations or warranties that extend beyond these Terms and Conditions of Sale. The Seller and its agents and consignors make no representations or warranties as to merchantability, fitness for a particular purpose, correctness of the Catalogue or descriptions, including, but not limited to, the physical condition, size, quality, rarity, importance, medium, provenance, dates, exhibitions, literary or historical relevance of any property and no statement anywhere, whether oral or written, whether made in the Catalogue, an advertisement, a bill of sale, a salesroom posting or announcement, or elsewhere, shall be deemed such a warranty, representation or assumption of liability. Nor are there any representations and warranties, express or implied, as to whether the Buyer acquires any copyrights, including, but not limited to, any reproduction rights in any property. Contents of this Catalogue are subject to change or supplementation before or during the sale. The Seller reserves the right to withdraw the artwork or goods from the Catalogue before or during the sale and shall have no liability whatsoever for such withdrawal.
PURCHASE: Buyer agrees to pay for the artwork or goods according to the Seller's payment terms. In the event Buyer fails to make any payment to Seller when due, Buyer's entire account(s) with Seller shall become immediately due and payable without notice or demand. All past due amounts are subject to service charges at the rate agreed upon by the parties, otherwise at the maximum contract rate permitted by law.
TAXES: The amount of any sales, excise or other taxes, if any, applicable to the artwork or goods shall be added to the purchase price and shall be paid by Buyer unless Buyer provides Seller with an exemption certificate acceptable to the taxing authorities. Any taxes which Seller may be required to pay or collect under any existing or future law, upon or with respect to the sale, purchase, delivery, storage, processing, use or consumption of any of the products, including taxes upon or measured by the receipts from the sale thereof, shall be for the account of the Buyer, who shall promptly pay the amount thereof to Seller upon demand.
DELIVERY: The artwork or goods will be shipped after the payment from the Buyer including Shipping Costs has been received and deposited with the Seller without dispute. Seller contracts with the artist to complete the delivery of their artwork or goods to the Buyer, including packaging, handling, shipping, and insuring. The artist assumes full responsibility for loss or damage and the Seller assumes no responsibility or liability and will accept no backcharge for delays or for loss or damage due to delay or inability to deliver, whether or not such loss or damage was made known to Seller, including, but not limited to, liability for Seller's non-performance caused by acts of God, war, labor difficulties, accidents, inability to obtain materials, delays of carriers, contractors or suppliers or any other causes of any kind whatever beyond the control of Seller.
RETURNS: Buyer may return any artwork or goods within the time frame specified below and according to the following terms, with the exception that specially fabricated or special order items may not be canceled or returned. Claims for damage, defects, shortage, or errors in shipping must be reported to the Seller in writing within three (3) days of receiving the artwork or goods, so that the artist can be notified. Buyer shall have ten (10) days from the date they receive any artwork or goods to inspect them and to notify Seller, including written notification, of any rejection of artwork or goods and to request return instructions. After such ten (10) day period, Buyer shall be deemed to have irrevocably accepted the artwork or goods and shall have no right to reject the artwork or goods for any reason. After Buyer has notified Seller and requested return instructions, Seller will then give Buyer instructions for return of artwork and goods and Buyer will have ten (10) additional days from the time of receipt of these instructions to postmark them and ship them as specified. Buyer will be responsible to package and return ship fully insured the artwork and goods as instructed and to be responsible for all Shipping Costs and related or unrelated fees incurred with the return process. When artwork and goods are received back in proper condition and if no unresolved dispute between any parties, Seller will reimburse the Buyer the full cost of the artwork or goods, minus any original Shipping Costs.
GOVERNING LAW: This transaction shall be governed in all respects by the laws of the State of California (excluding choice of law provisions). All actions, regardless of form, arising out of or related to this transaction or the products sold hereunder must be brought against Seller within the applicable statutory period, but in no event more than ONE (1) YEAR after the date of invoice.
NON-WAIVER: Seller's failure to insist upon the strict performance of any term or condition herein shall not be deemed a waiver of any of Seller's rights or remedies hereunder, nor of its right to insist upon the strict performance of the same or any other term herein in the future. No waiver of any term or condition hereunder shall be valid unless in writing and signed by Seller's Owner.
ENTIRE AGREEMENT: This document constitutes the entire, complete, and exclusive agreement between the parties with respect to the subject matter hereof and contains all the agreements and conditions of sale; no course of dealing or usage of the trade shall be applicable unless expressly incorporated herein. The Terms and Conditions of Sale contained herein may not be added to, modified, superseded or otherwise altered except by a written modification signed by the Seller. All transactions shall be governed solely by the Terms and Conditions of Sale contained herein.
