Payment to be made in full to Art & Business Consulting LLC (ABC LLC),
before Work is collected/delivered. See
Using PayPal Shopping Cart and
Alternate method of payment for information about submitting payment to
ABC LLC.
There will be a $30 charge on all returned checks. Ownership of the Work
is retained by the Artist until payment and processing of the
purchase-price-in-full.
The Artist retains copyright and all reproduction rights in the Work,
unless otherwise agreed in writing by the Artist and the Buyer.
In general the Work is sold unframed, unless otherwise noted in the
sales agreement, and the buyer assumes responsibility for shipping and
handling including damage sustained in transit unless otherwise agreed to in
writing.
Any amendment to this contract must be in writing and signed by all
parties.
This Agreement constitutes the entire agreement and understanding
between the parties.
If the Buyer is a holding company or similar company with no assets then
the agent of the Buyer must personally guaranty this Agreement.
This agreement is a single delivery agreement and there is no further
obligation to perform in a similar fashion subsequent to this Agreement.
This Agreement shall be governed by Arizona law and all parties agree to
submit to the non-exclusive jurisdiction of the Arizona Courts.
The Artist and ABC LLC reserve the right to require mediation in Arizona
as a means of settling any dispute before resorting to the jurisdiction of
the courts.
This Agreement does not convey any rights of exclusivity of the Artist
or the Work(s) or ABC LLC to the Buyer or the Buyer's representatives.
The Artist gets paid first in any transaction involving any sales of the
Work(s).
This Agreement is personal as between the parties and may not be
assigned or transferred by either party without the prior written consent of
the other.
Neither party shall be liable for any delay or non-performance of any of
its obligations if the same is due to Act of God, act of any government or
other authority, fire, explosion, flood, power failure, strikes or other
industrial action or any other cause beyond its reasonable control.
Time is of the essence of this contract.
The waiver or forbearance of any party's rights to insist on strict
performance of any contract term shall not be deemed or construed as a
waiver of that party's right to future performance, or any subsequent
breach.
The Artist warrants that he/she is the creator of the Work(s) and the
Work(s) is original, or in the case of a reproduction, that the reproduction
is of the Work(s) that is original and that the artist is the creator of the
reproduced original Work.
This Agreement shall be binding on the parties and their respective
heirs, successors and assigns.
All notices shall be sent in writing to the parties at the addresses
supplied during the execution of this agreement.
Each party hereby agrees to indemnify the other party against all
claims, demands, costs and expenses suffered or incurred by the first party
as a result of the breach by the other party of any of its obligations
hereunder.
Invalidity or unenforceability of one or more provisions of this
Agreement shall not affect any other provision of this Agreement.
The Buyer, Artist and ABC LLC all warrant that they are in compliance
with all Federal, State and Local laws.
There are no implied or other warranties in this agreement save
compliance with Federal State and Local laws and the Artist's authorship of
the Work(s) as already stated herein.
A pre-existing relationship between the Artist and the Buyer or ABC LLC
and the Buyer does not imply forbearance or other agreements or warranties
not contained herein.
Art and Business Consulting LLC (ABC LLC) operates
several co-branded websites: AKAJake.com, AKAJakeArt.com, AKAJakeGifts.com,
AKAJake Prints.com, XmasDementiaCartoons.com & ArtandBusinessConsulting.com.
When you submit information & otherwise conduct business through these
co-branded websites you are conducting business with Art and Business Consulting
LLC. The Artist referred to herein is Susan Beckman AKA Jake.
