- 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.
