Commissioning a painting can be intimidating, especially online and from someone you don't know. You can learn more about the Artist in the About section of the website www.artbygarnier.com. It will be an honor to work with you to create a painting that you will be proud to own. I promise I'll do everything I can to make the process a pleasant experience.
Artist: Ronald Garnier - member of Oil Painters of America
This Agreement is important because it involves both parties. Please read this Agreement before purchasing the Boat Portrait Commission.
By placing a Boat Portrait order, the Buyer agrees to all terms and conditions of this Agreement.
AGREEMENT
AGREEMENT made between Ronald J. Garnier (hereinafter referred to as the Artist), located at 7348 Woodlawn Colonial Lane, St. Louis, MO 63119 and the Purchaser (hereinafter referred to as the Buyer) with respect to the sale of an artwork (hereinafter referred to as the Work).
WHEREAS, the Artist has created the Work and has full right, title, and interest therein; and WHEREAS, the Artist wishes to sell the Work; and WHEREAS, the Buyer wishes to purchase it via Commissioning a Boat Portrait of the Work; NOW, THEREFORE, in consideration of the foregoing premises and the mutual obligations, covenants, and conditions hereinafter set forth, and other valuable considerations, the parties hereto agree as follows:
1. Sale. The Artist hereby agrees to create and sell the Commissioned Boat Portrait painting (hereafter "Work") to the Purchaser (hereafter "Buyer"). Painting ownership shall pass to the Buyer at such time as full payment is received by the Artist pursuant to Paragraph 3 hereof.
2. Price. The Buyer agrees to purchase the Work for the agreed upon price associated with the size of the painting chosen by the Buyer and applicable sales tax (see Painting Sizes and Prices) unless otherwise agreed upon both parties in writing. Buyer request for additions and changes to the Boat Portrait painting may result in additional cost to the Buyer.
3. Order and Payments. Order a Boat Portrait by completing the Boat Portrait Commission Request Form and email to ([email protected]). Save, print and attach the completed form and photos of your boat to the email. You'll receive commission confirmation from the Artist upon receipt of your request form.
Payment shall be in three (3) equal installments as follows:
9x12 Price $300.00
Payments: $100.00 prior to start of painting, $100.00 at time of receiving photo of your painting in progress - about half way painted, final payment of $100.00 when painting is completed and prior to shipping.
11x14 Price $400.00
Payments: $133.33 prior to start of painting, $133.33 at time of receiving photo of your painting in progress - about half way painted, final payment of $100.00 when painting is completed and prior to shipping.
16x20 Price $600.00
Payments: $200.00 prior to start of painting, $200.00 at time of receiving photo of your painting in progress - about half way painted, inal payment of $200.00 when painting is completed and prior to shipping.
First two payments are non-refundable. Buyer will receive a photograph of the painting progress approximately in the middle of being painted to show progress, and a photograph of the finished painting prior to last payment and prior to shipping the painting.
4. Delivery. The Artist shall arrange delivery of the final Work to the location stated on the PayPal payment address sales receipt unless requested by the Buyer in writing of a different location within the given timeframe of the shipping company. Free shipping via FedEx and UPS ground shipping with full value of the purchase price insurance to U.S. 48 contiguous states only. Faster delivery within the US will be arranged by the Artist at Buyer's written request and shipped with full value of the purchase price insurance at Buyer's expense. International and non-contiguous state shipping and insurance will be arranged, insured and paid by the Buyer.
5. Ownership and Risk of Loss. Buyer's ownership of the Work begins with the final installment payment. The risk of loss or damage to the Work and the provision of any insurance to cover such loss or damage shall be the responsibility of the Buyer from the time of shipment.
6. Copyright and Reproduction. The Artist maintains all reproduction and marketing rights, including the right to claim statutory copyright of the Work. The Work may not be photographed, sketched, modified, painted, or reproduced in any manner whatsoever without the express, written consent of the Artist. All approved reproductions shall bear the following copyright notice: by Artists Ronald Garnier, Year 2020.
7. 100 % Satisfaction Guarantee. For any reason the Buyer is not satisfied with the Work, the Buyer shall have 10 days from time of delivery to notify the Artist of the return in writing (email) at [email protected] and delivered to the Artist at 7348 Woodlawn Colonial Lane, St. Louis, MO 63119. The painting must be returned through the same delivery carrier as delivered, must be packaged in the same materials as delivered, and the painting must be in the exact condition as delivered. Upon return receipt of the painting to the Artist's studio, and upon inspection of the painting, and if the artwork is found to be in the exact condition as sent to the Buyer, a refund will be processed for the amount purchased for the painting (less return shipping and insurance costs) through the same payment method used by the Artist. The Buyer is responsible for any and all return shipping costs and full value insurance in the amount of the selling price of the painting. The Buyer is responsible for any damage to a returned piece of artwork, unless determined that the carrier is at fault for damages then the Artist will arrange shipping and pay the cost for return.
The Artist maintains the right of ownership of the returned Work and the rights to promote, modify, enhance, and sell the returned Work without any form of compensation to the Buyer.
Returns: the Buyer will email the Artist ([email protected]) requesting a refund and reason(s) for the return in advance of shipping the returned Work. If there is damage to the Work when delivered, the Buyer is required to provide photographs of the damage and send with the advance notification of the return.
8. Miscellaneous. This Agreement shall be binding upon the parties hereto, their heirs, successors, assigns, and personal representatives. This Agreement constitutes the entire understanding between the parties. Its terms can be modified only by an instrument in writing signed by both parties. A waiver of any 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 governed by the laws of the State of Missouri.
Signature:
