These Terms and Conditions govern all sales of Products through this website. Buyer’s ordering of any Product shall constitute Buyer’s acceptance of and agreement to these Terms and Conditions.
1. PARTIES. Judith Mehr of the State of Utah is hereafter referred to as "Seller," and the person or company purchasing goods is hereafter referred to as "Buyer." All artwork offered for sale of this website is referred to as "Products,"
2. PRICE; PAYMENT. The purchase price, and all shipping charges (which will include insurance in an amount equal to the purchase price for the Product for risk of loss), are due and payable in full upon Seller’s acceptance of Buyer’s online order of any Product. No Product will be shipped unless and until the full purchase price and shipping charges have been paid. Any amounts unpaid and past due will be subject to a service charge on the unpaid balance at an interest rate equal to the lesser of eighteen percent (18%) per annum or the maximum allowable interest rate under applicable law and Buyer shall be responsible and liable for all expenses incurred by Seller in collection, including reasonable attorneys' fees. In addition, 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. At Seller's option, prices may be adjusted to reflect any increase in the costs of Seller resulting from state, federal or local legislation or any change in the rate charge or classification of any carrier. Unless otherwise specified by Seller, the purchase price is F.O.B. Seller's shipping point, and the separate shipping charges will pay for the costs of shipping the Products to Buyer’s designated point of delivery (which Buyer will specify in its order for the Product).
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 Buyer at Buyer’s designated point of delivery. 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. Seller shall be responsible for all shipping, delivering, handling, storage and insurance charges, such charges to be added to the final invoice or reimbursed by Buyer to Seller upon Seller’s payment of such charges. Buyer shall be responsible for any customs fees or any additional delivery charges resulting from customs review.
4. WARRANTY. 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 or a high quality digital reproduction and is sold “as is” 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 Judith Mehr is not responsible for any variance in images.
5. CLAIMS; COMMENCEMENT OF ACTIONS. Buyer shall promptly inspect all Products upon delivery to identify any damage resulting from 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 ten (10) 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. This warranty gives you specific legal rights. You may also have other rights which vary from state to state. Some states do not allow the exclusion or limitation of indirect or consequential damages under certain circumstances, so the above limitation or exclusion may not apply to you.
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. Buyer shall bear any and all costs of returning Products to Seller, including shipping and insurance charges equal to the purchase price for the Products.
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 acknowledgement 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 acknowledgement 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 Utah, U.S.A. Whenever there is a conflict of laws, the substantive laws of the State of Utah, U.S.A. shall prevail. The parties agree that all disputes shall be filed solely in the court of competent jurisdiction located in Salt Lake County, State of Utah, 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. Buyer agrees not to reproduce or copy the Product.