1. Title to Completed Art Title to the Art shall pass to Purchaser when Seller has received payment in full. Seller has the right to withhold shipping or stop shipping in transit until Seller is reasonably satisfied that the entire Purchase Price has been collected in good funds in Seller’s bank account.
2. All Sales are Final Once an order is placed with Seller, that order may not be cancelled by Purchaser for any reason unless Seller fails to complete and deliver the Art to Purchaser. If Purchaser refuses to pay the balance of the Purchase Price when requested by Seller, Seller has the option of retaining Purchaser’s entire Deposit as liquidated and agreed damages (the parties both agree that determining the value of the Art is difficult to calculate), or pursuing all legal and equitable remedies at law, including, but not limited to, seeking specific performance of the Contract and reasonable attorney’s fees.
3. Shipping Seller shall deliver the Art to a carrier for transportation to the address furnished by Purchaser, but all costs for transportation shall be borne by Purchaser, and all risks of loss shall pass to Purchaser when the Art is delivered to the carrier. It is Purchaser’s responsibility to obtain insurance for loss or damage of the Art.
4. Taxes Purchaser shall pay all federal, state and local sales, use property and excise or other taxes imposed on the Art, except taxes imposed on Seller’s net income.
5. Warranties and Representations The parties understand and agree that this Contract covers the sale of Art, made, fabricated, formed and created using iron, metal, wood, glass, plastic and many other materials. The completed Art is not intended to be a useful implement, toy, tool, furniture or product to perform any function. The Art may be heavy to handle, have sharp edges or other features that could cause bodily harm, serious injury or death if not handled with care. HENCE, PURCHASER UNDERSTANDS AND AGREES THAT THE ART IS BEING PURCHASED “AS IS” AND WITH “ALL FAULTS”, AND PURCHASER ACKNOWLEDGES THAT THERE ARE NO WARRANTIES OF MERCHANTIBILITY OR FITNESS FOR ANY PARTICULAR PURPOSE, EXPRESS OR IMPLIED, AND PURCHASER ASSUMES ALL RISKS IN CONNECTION WITH THE POSSESSION AND USE OF THE ART.
6. Copyright and Reproduction Seller reserves all reproduction rights, including the right to claim statutory copyright in the Art. The Art may not be photographed, sketched, painted, or reproduced in any manner whatsoever for commercial purposes without the express, written consent of Seller.
7. Construction and Legal Proceedings This Contract shall be interpreted and construed in accordance with the laws of the State of Florida, and any legal proceedings shall be commenced in the courts of the county in which Seller resides. This is the entire agreement between the parties.
8. Force Majeure Seller will not be liable for any delay in the performance of this Contract or in the delivery or shipment of the Art or for any damages suffered by Purchaser by reason of such delay, if such delay is directly or indirectly caused by, or in any manner arises from, fire, flood, accidents, civil unrest, hurricane, acts of God, war, terrorists, governmental interference or embargoes, strikes, labor difficulties, shortages of labor or material, power, transportation delays, or any other causes beyond Seller’s control.
9. Delivery Date The estimated delivery date for the Art will be provided to the Purchaser. Seller will endeavor to give Purchaser timely notice of any changes in this date.
10. Custom Orders Both parties agree that sketches, photos, specifications or other written material shall form the basis for the completed Art. If, during the process of creating the Art, Purchaser wants to make changes in the project, and notifies Seller in a timely fashion, and if the parties are in agreement as to the nature of the changes, time for completion, as well as changes in the Purchase Price, the parties shall execute an amendment to this Contract which reflects all such changes. If the parties are unable to agree on mutually agreeable changes to this Contract, then either party, upon 10 days written notice to the other party, may terminate this Contract provided that Purchaser pays or has paid Seller an amount equal to a % of the original Contract Price.
Shipping & Freight
Collins and Son ships Monday through Friday excluding holidays. All shipping
dates are pending credit card verification for in–stock merchandise. Collins and Son ships internationally.
Freight is paid by Purchaser at time of purchase. Collins and Son, LLC will provide estimated cost of shipping.
Free delivery available within Duval County, Florida. Contact us for details.