Terms and Conditions

Terms and Conditions of Sale for the above described artwork (the Artwork):

  1. All shipments need to be inspected, and reported for any damages, within 5 business days upon receipt of goods. Claims made after the 5-day inspection period will not be accepted.

  2. If the Buyer has inspected the Artwork prior to delivery, delivery of the Artwork to the Buyer in the condition it was upon inspection shall constitute acceptance of the Artwork, and shall constitute an acknowledgement by the Buyer that the Buyer is satisfied in all respects with the physical condition of the Artwork. If the Buyer has not inspected the Artwork prior to delivery, the Buyer shall have five (5) business days to inspect the Artwork upon delivery, and if no claims regarding its physical condition are raised in writing, the Buyer shall be deemed to have accepted the Artwork and waived any and all such claims related to its physical condition. Following payment and acceptance of the Artwork, as aforesaid, all sales are final and no refunds shall be made except under the circumstances described in paragraph 4 below if the Artwork is not as described in this invoice or in any accompanying documents related to the described Artwork.

  3. The Buyer acknowledges that Seller may be purchasing or taking delivery of the Artwork from a third- party following issuance of this invoice. If that is the case, and the Seller does not for any reason actually receive delivery of the Artwork, Seller reserves the right to rescind the transaction and refund any monies paid to the Buyer in full satisfaction of any obligation of Seller to Buyer with respect to the subject transaction.

  4. Seller makes no claims regarding the nature, quality, condition, value or future value of the Artwork, except that the Artwork shall be as described in this invoice and/or on any Certificate of Authenticity delivered herewith. Any claims by Buyer that the Artwork is not as described in this invoice or in any Certificate of Authenticity delivered herewith must be brought within one (1) year of delivery of the Artwork or such claims shall be waived by Buyer. Except as aforesaid, Seller makes no representation or warranty regarding the Artwork. Under no circumstances shall Seller be liable to Buyer with respect to any claim relating to the transaction described in this invoice in any amount exceeding the purchase price paid hereunder, and Buyer expressly waives the right to seek any damages in excess of such purchase price. All goods are guaranteed authentic. If they are deemed not authentic by the artist/estate of the artist, this contract shall be deemed void and all monies and goods shall be returned in full satisfaction of the transaction. Authentication of the work must be made by the artist/estate in person and must be confirmed in writing by the artist/estate. Auction houses and/or their employees are not taken to be a definitive or accurate judge of authenticity.

  5. If the purchase price is not paid when due, or if such purchase price is charged back to seller by any credit card company, and later determined to be due to Seller, (i) Seller may recover all costs of collection, including reasonable attorney’s fees incurred by Seller, and (ii) interest shall accrue on the unpaid amount at the rate of 10% per annum, or if less, the highest legal rate, and shall be due from Buyer to Seller in addition to the purchase price.

  6. Sales taxes may apply to the purchase price outside the jurisdiction of the gallery. The Buyer shall be responsible for any Sales Tax (as defined below) due on the purchase. If Sales Tax is not assessed on the purchase at the time of the billing, but is later assessed by a taxing authority, the Buyer agrees to, and shall, indemnify and hold Seller harmless from and against any and all sales taxes incurred in connection with or arising out of the purchase, including without limitation any interest, fees or penalties. The Buyer shall pay Seller for such amounts due within ten (10) days after a demand is made for such payment. For purposes of this provision, the term “Sales Tax” shall include state and local sales, use, VAT, excise, assessment, duties, imposts, fees or any similar charges. Please check with your tax advisor.

  1. Governing Law. This invoice, and the transaction described in it, shall be governed by and construed in accordance with the laws of the State of California, without giving effect to any choice of law or conflict of law provision or rule (whether of the State of California or any other jurisdiction) that would cause the application of the law of any jurisdiction other than the State of California.

  2. Consent to Jurisdiction. Each of the parties to this transaction agrees that any legal action or proceeding with respect to this transaction and related invoice shall be brought in the Superior Court of the State of California for the County of Los Angeles, any other California state court in Los Angeles County, or the United States District Court for the Central District of California and, by execution and delivery of this Note, each of the parties to this transaction hereby irrevocably submits itself, generally and unconditionally, to the exclusive jurisdiction of the aforesaid courts in any legal action or proceeding arising out of this transaction and invoice. Each of the aforesaid parties hereby irrevocably waives any objection which it may now or hereafter have to the jurisdiction or venue of any actions or proceedings arising out of or in connection with this transaction or invoice brought in the courts referred to in the preceding sentence.

  3. WAIVER OF TRIAL BY JURY. EACH OF THE PARTIES TO THIS TRANSACTION AND RELATED INVOICE WAIVES ITS RESPECTIVE RIGHT TO A JURY TRIAL OF ANY CLAIM OR CAUSE OF ACTION ARISING OUT OF ANY DEALINGS BETWEEN ANY OF THEM RELATING TO THE SUBJECT MATTER OF THIS INVOICE. THIS WAIVER IS IRREVOCABLE MEANING THAT IT MAY NOT BE MODIFIED WHETHER ORALLY OR IN WRITING.