Terms and Conditions for Originals
Terms of Sale: • Ownership. Artist retains title to the Artwork until Artist is paid in full. • Reproduction. Artist reserves all rights of reproduction, including without limitation all copyrights and trade dress rights, in the Artwork. Purchaser may reproduce the Artwork only upon advance written permission from Artist in each instance (except for incidental noncommercial reproductions such as personal photographs of physical settings where the Artwork is displayed). Artist’s signature and/or copyright notice as they appear on the Artwork at the time of sale shall not be removed or concealed. Artist shall receive authorship credit in connection with the Artwork or any reproductions of the Artwork. • Maintenance. In compliance with federal and California law, Purchaser will not intentionally damage, alter, modify, or change the Artwork in any way whatsoever. If any alteration of any kind occurs after receipt by Purchaser, whether intentional or accidental and whether done by Purchaser or others, the Artwork shall no longer be represented to be the work of the Artist without the Artist’s written consent. Purchaser shall undertake reasonable efforts to ensure that the Artwork is properly maintained. Purchaser shall not destroy the Artwork or permit the Artwork to be destroyed without first offering to return ownership to Artist or her successor in interest. • Repairs. Purchaser shall seek Artist’s prior written approval for all repairs and restorations to the Artwork which are made during the lifetime of Artist. To the extent practical, Artist shall be given the opportunity to accomplish said repairs and restorations at a reasonable fee. • California Resale Royalty. If Purchaser sells the Artwork, Purchaser shall pay to Artist a resale royalty of five percent (5%) of the amount of such sale, as required by the California Resale Royalties Act (Cal. Civ. Code 986). • General. The Artwork is sold as is. ARTIST EXPLICITLY DISCLAIMS ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. A waiver of breach of any of the provisions of this Agreement shall not be construed as a continuing waiver of other breaches of the same or other provisions hereof. This Agreement shall be binding upon the parties hereto, their heirs, successors, assigns, and personal representatives. Its terms may be modified only by writing signed by both parties. This Agreement shall be construed and enforced under the laws of the U.S. and the State of California, and constitutes the entire understanding between parties.