These Terms and Conditions accompany the purchase of sales of art by Michele Boll Artist as if fully written in the receipt therein.
1. PARTIES. Michele Boll DBA Michele Boll Artist in the State of Massachusetts U.S.A. is hereafter referred to as “Seller.” The person or company purchasing goods is hereafter referred to as “Buyer.” All artwork described on the Quote or Purchase Order is referred to as “Products”.
2. PRICE; PAYMENT. Buyer shall be solely responsible for any state, local, or federal sales, use, VAT, excise, import fees, or other taxes. Such taxes will be added to the final invoice prices in those instances in which Seller is required to collect them from Buyer; provided, however, that if Seller does not collect any such taxes and is later asked by or required to pay such taxes to any taxing authority, Buyer will make such payment to Seller. The purchase price is due prior to shipment.
3. SHIPMENT; DELIVERY; RISK OF LOSS. Title to and risk of loss of the Products shall pass to Buyer as soon as the Products are delivered by Seller to the carrier. Each shipment date is approximate, and Seller shall not be responsible for any damages of any kind resulting from any delay in shipment or delivery of any Products. The buyer shall be responsible for all shipping, delivering, handling, storage, and insurance charges. The buyer shall be responsible for any customs fees or any additional delivery charges resulting from customs review. These additional shipping costs will be invoiced to the Buyer to be paid prior to shipment.
4. WARRANTY. Seller warrants that the Product is an original work of art of the named artist, except where noted in the product description, and in substantial compliance with the quality and condition portrayed on Seller’s website. SELLER MAKES NO OTHER WARRANTY, EXPRESS OR IMPLIED, WHETHER OF MERCHANTABILITY OR FITNESS FOR ANY PARTICULAR PURPOSE OR USE OR OTHERWISE, ON THE PRODUCTS, OR ON ANY PARTS OR LABOR FURNISHED DURING THE SALE, DELIVERY, INSTALLATION, OR SERVICING OF THE PRODUCTS. Identical images published using different media, e.g. an original painting, giclee print (poster), image on a website, etc., may have very different parameters, including, but not limited to color, brightness, lightness, hue, and therefore may look very different. This is attributable to the differences between types of media, consequently Michele Boll Artist. is not responsible for any variance in images.
5. CLAIMS; COMMENCEMENT OF ACTIONS. The buyer shall promptly inspect all Products upon delivery to identify any damage resulting from shipment. The Buyer may choose to purchase insurance separately from the product purchase. Buyer agrees that any damages, and resulting claims, arising from shipment shall be satisfied solely through the insurance policy (the “Insurance”) issued by the insurance carrier covering the Product shipment. Seller shall not be liable for any claims or damages not covered by insurance, even if insurance is not purchased. All claims pertaining to damage from shipment must be asserted in writing within five (5) days after delivery of such Product or such claims are waived in perpetuity. Any lawsuit or other action by Buyer based upon breach of this contract or upon any other claim arising out of this sale must be commenced within thirty (30) days from the tender of delivery by Seller.
6. LIMITATION OF LIABILITY. IN NO EVENT SHALL SELLER BE LIABLE TO BUYER FOR ANY SPECIAL, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR AS THE RESULT OF THE SALE, DELIVERY, NON-DELIVERY, INSTALLATION, SERVICING, USE OR LOSS OF USE OF THE PRODUCTS OR ANY PART THEREOF, OR FOR ANY CHARGES OR EXPENSES OF ANY NATURE INCURRED WITHOUT SELLER’S WRITTEN CONSENT, EVEN THOUGH SELLER HAS BEEN NEGLIGENT. IN NO EVENT SHALL SELLER’S LIABILITY UNDER ANY CLAIM MADE BY BUYER EXCEED THE PURCHASE PRICE OF THE PRODUCTS IN RESPECT OF WHICH DAMAGES ARE CLAIMED.
7. CANCELLATIONS. After acceptance by Seller, an order shall not be subject to cancellation by Buyer except with Seller’s advance written consent and upon terms that will indemnify Seller against all direct, incidental and consequential loss or damage including, but not limited to, the losses, damages and expenses described in Section 3 above
8. LIMITATION OF ASSIGNMENT. Neither party may assign any of its rights or obligations hereunder without the prior written consent of the other, except that Seller shall have the right to assign them to any company with which it is affiliated or to any corporation into which it shall be merged, with which it shall be consolidated, or by which it, or all or substantially all of its assets, shall be acquired or any other company resulting from a reorganization of Seller or its business segments.
9. ENTIRE AGREEMENT. This document contains the entire agreement between Seller and Buyer and constitutes the final, complete and exclusive expression of the terms of the agreement, all prior or contemporaneous written or oral communications, agreements, forms, or negotiations with respect to the subject matter hereof and replaces the same in its entirety. By way of illustration and not limitation, Buyer’s order shall be deemed to incorporate, without exception, all terms and conditions hereof notwithstanding any order form of Buyer containing additional or contrary terms or conditions, unless Buyer shall have expressly advised Seller to the contrary in a writing apart from such order form, and no acknowledgment by Seller of an order by Buyer shall be deemed to be an acceptance by Seller of any such additional or contrary terms or condition. Any acknowledgment by Seller of any order by Buyer is expressly conditional on Buyer assenting to, or otherwise being bound by, any terms or conditions hereof which are in addition or contrary to the terms and conditions of Buyer’s order form. No additional or contrary terms or conditions or modifications may be made to the terms and conditions contained herein except by a written instrument signed by one of Seller’s officers. Stenographical and clerical errors are subject to correction by Seller.
10. GOVERNING LAW. This document and the sale of all Products shall be governed by and construed in accordance with the laws of the State of Georgia, U.S.A. Whenever there is a conflict of laws, the substantive laws of the State of Georgia, U.S.A. shall prevail. The parties agree that all disputes shall be filed solely in the court of competent jurisdiction located in the State of Massachusetts, U.S.A.
11. COPYRIGHT. The Buyer understands and agrees that the copyright (the “Copyright”) to the Products are retained by the original artist compiling the Product and that the transaction contemplated herein is not a sale or license to the Copyright to Buyer. The buyer agrees not to reproduce or copy the Product.
Please Note: To be clear, you are buying the original art but not the right to reproduce that art or to sell that art for use in products. If you require the rights to reproduce my work for sale, please contact me and we can negotiate a price.