David Kaiser Fine Art is hereafter referred to as “Seller”, and the person or Company Purchasing goods is hereafter referred to as “Buyer”. All Artwork described online or by Purchase Order, are referred to as “Products”.
Buyer shall be fully responsible for any state, local 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 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 payments to Seller. At Sellers option, prices may be adjusted to reflect any increase in the cost of Seller resulting from State, Federal or local legislation or any change in the rate charge or classification of any carrier. Unless specified by Seller, all charges are due prior to shipping.
Fees paid to the Artist are only for the Product and do not include copyrights or reproduction rights which remain with the Artist. Purchase of copyrighted Product does not transfer the copyrights. The copyright to reproduce the work in copies, to produce derivative work bases on the copyrighted image, and distribute copies is retained by the Artist. Any transfer of this copyright must be in writing expressly identifying what rights are being sold and for what purpose. Works of Art cannot be distributed, mutilated or modified in any manner that would prejudice the reputation of the Artist.
SHIPMENT,DELIVERY,RISK OF LOSS –
Title to and risk of loss of the products shall pass to Buyer as soon as the Products 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. Buyer shall be responsible for all shipping, delivery, handling, storage and insurance charges. Such charges, as they may apply, will be added to the final invoice or reimbursed by Buyer to Seller upon Seller’s payment of such charges.
Seller warrants that the Product is an original work of art of the named Artist or a Giclee’ print signed and/or embellished by artist and is sold as is and is in substantial compliance with the quality and condition portrayed on Sellers website.
SELLER MAKES NO OTHER WARRANTY, EXPRESSED OR IMPLIED,WHETHER OF MERCHANTABILITY OR FITNESS FOR ANY PARTICULAR PURPOS 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 items published, using different media, e.g. an original painting, Giclee’ print, image on a website etc. may have very different parameters, including, but not limited to color, lightness, brightness, hue and therefore may look very different. This is attributable to the differences to the type of media, consequently David Kaiser Fine Art is not responsible for any variance in images.
CLAIMS,COMMENCEMENT OF ACTIONS
Buyer shall promptly inspect all Products upon delivery to identify any damage resulting from the shipment. 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 and Seller shall not be liable for any claims or damages not covered by insurance. All claims pertaining to damage from shipment must be asserted in writing within five (five) 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. This agreement shall be governed by the laws of the State of California and courts of such state shall have exclusive jurisdiction and venue.
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,NON-DELIVERY ,INSTALLATION ,SERVICING, USE OR LOSS OF USE OF THE PRODUCTS OR ANY PART THEREOF,OR FOR ANY CHARGES OF EXPENSES OF ANY NATURE INCURRED WITH OUT THE 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.