| This is an agreement
(Agreement) between you, as purchaser, and JOANN DOST GOLF and/or
any other affiliated seller (Seller). The following terms and conditions
apply to this order and/or purchase and to the party or parties
named in the "BILL TO" and/or "SHIP TO" sections
of this order and/or invoice (order/invoice), as "Purchaser(s)."
Please read them carefully. You will be legally bound to the terms
and conditions of this Agreement.
Whereas, Purchaser wishes to buy and Seller wishes
to sell the merchandise or other property or services listed on
this order/invoice all on the terms and conditions contained herein,
the parties agree as follows:
1. Unless specified in an invoice or other printed
document with the words "limited edition," all reproductions,
including, but not limited to, Giclées, photomechanical
reproductions, lithographs, photographs or any other media are
offered and sold as "open" or "unlimited"
editions, and no warranty or representation, either express
or by implication, is made regarding the past, present or future
use or fitness-of-purpose of any image reproduced as an "open"
or "unlimited" edition. Numbers written by the artist
on signed or autographed reproductions are for inventory control
and identification purposes only and are not a representation
of the quantity of reproductions existing or to be produced in
the future. "Open" or "unlimited" editions
are not numbered in fractional form with a numerator and denominator.
A Certificate of Authenticity issued by Seller for an "open"
or "unlimited edition" is available upon request for
an additional charge to cover costs and handling.
Limited editions are numbered distinctively in
fractional form with a numerator indicating the specific number
of the edition and a denominator that indicates the total quantity
of numbered editions in that specific "limited edition."
Artist's Proofs, Printer's Proofs and other "Proofs"
may be created in conjunction with a Limited Edition. Limited
editions are accompanied by a Certificate of Authenticity and/or
Disclosure Statement if applicable.
2. Payment of any portion of the amount due under
this order and/or invoice constitutes Purchaser's acceptance of
the merchandise described in this invoice and agreement to all
the terms and conditions contained herein, but shall not be deemed
the exclusive manner of such acceptance and such agreement. Unless
expressly agreed otherwise in a writing signed by Seller and Purchaser,
the terms and conditions hereof shall constitute the entire agreement
between Seller and Purchaser and shall supersede any other prior
or contemporaneous oral or written promises, representations,
arrangements or agreements. Seller objects in advance to the addition
of new or different terms by any means, including by way of confirmation,
and such new or different terms shall not become part of the contract
formed hereby. Any modification of the terms and conditions contained
herein shall have no force and effect unless made in writing and
signed by Seller and Purchaser. If you do not accept and agree
to all the terms and conditions set forth in this Agreement, do
not use the merchandise or services listed in the order form and/or
invoice in any way. Notify Seller immediately that you do not
agree with the terms herein and do not use the services ordered
and/or return the merchandise to Seller in the condition in which
it was received by you. Except as provided in the preceding sentence,
returns, for any reason, may only be made with the prior written
approval of Seller and must be made within thirty days of purchase.
However, in no case whatsoever shall any refund on a return exceed
the purchase price less shipping and handling charges.
3. All merchandise, including, but not limited
to, Giclee reproductions, photomechanical reproductions, photographs,
derivatives thereof and any framing or other packaging of any
kind, is offered and sold on an "AS-IS" basis unless
expressly noted otherwise in writing. Purchaser represents that
Purchaser has used diligence and has investigated thoroughly the
fitness and applicability of any services ordered and/or in inspecting
the merchandise listed on this order/invoice and accepts the same
in an "AS-IS" condition with all faults. Seller makes
no representation regarding Purchaser's ability to use any photographs,
or other images supplied, and unless provided with the photograph
or image, Purchaser should assume that no release of any kind
exists. Unless expressly stated in writing to the contrary
by Seller, the photographs, images and merchandise sold by Seller
are not authorized, sponsored or endorsed by the golf club(s)
and/or golf course(s) depicted or by any other property owner(s)
who's property may be seen in the image or product.
4. Seller shall not be liable for any taxes,
assessments, claims or damages, of any nature, resulting from
the purchase or use of its merchandise, images or services, and
Purchaser hereby waives, releases, indemnifies and will defend
Seller, its members, agents, employees, shareholders and affiliates
from any liability, actions, claims or damages resulting therefrom.
In all cases whatsoever, Purchaser's EXCLUSIVE REMEDY shall be
the return of the purchase price less any shipping and handling
charges.
5. Unless expressly provided in writing, this
order/invoice is not an assignment, sale, transfer or conveyance
of copyright in any image, writing or other intellectual property
referenced anywhere within this document. Any disputes over copyright
ownership will be construed in favor of Seller and/or the author/creator
of the work.
6. Until full payment is received by Seller, Purchaser agrees
that Seller shall retain a fully secured interest in the merchandise
or other property listed on this invoice and that no subordination
of Seller's secured interest in the merchandise or other property
shall occur without the prior written consent of Seller. Purchaser
agrees that any subordination of Seller's secured interest in
any property listed herein and made without Seller's prior written
consent and executed by an officer of Seller shall be void from
the beginning. Purchaser shall notify interested third parties
of Seller's security interest in said property. Any express rights
outlined within this order/invoice for use or reproduction of
an image shall be null and void until the invoiced "use fee"
amount has been received by Seller. Seller retains the right to
reject any offers to purchase, license or rent any of its products
or services.
7. Purchaser represents that he/she or it has
read the entire text of this order/invoice, can enter into this
Agreement, and voluntarily accepts and agrees to the terms and
conditions contained herein and acknowledges that said representation
is a material consideration and inducement to Seller to offer,
license and/or sell Purchaser the merchandise, services or other
property listed on the face of this document at the stated price
and on the terms and conditions herein.
8. All outstanding balances shall be subject
to a service charge of 1.5% per month, or the maximum amount allowed
by law. Purchaser agrees to pay all collection fees and/or other
costs, including legal fees and court costs, charged to collect
outstanding delinquent balances or resolve disputes. The due date
of payment shall be controlled by the "TERMS" area on
this order/invoice if full payment is not received with the order.
Seller may assign or transfer all or part of its rights or duties
under this Agreement without notice to Purchaser. Purchaser may
not assign this Agreement or any of its parts without the prior
written permission of Seller.
9. The terms of this Agreement shall be severable.
This is not a "work made for hire" agreement. Copyright
will be governed under United States and International laws applicable
on the effective date of this Agreement, which is the date first
appearing on the electronic order. No relaxation which either
party may give at any time in regard to the carrying-out of any
obligation hereunder, nor the failure by Seller to timely enforce
its rights, shall prejudice or be a waiver of rights in terms
of this Agreement. The invalidity or unenforceability of any provision
hereof shall not affect the validity or unenforceability of any
other provision. This Agreement will be effective on the date
first appearing above and will continue in effect for 50 years
unless terminated by the mutual written consent of the parties.
All writing contained on the front and back of this order/invoice
is incorporated into and is part of this Agreement.
10. Any disputes shall be governed by the law
of the State of California. Notwithstanding the above, all sales
are final and products non-returnable. Unless noted otherwise,
each order is specially produced and not a stock item and Purchaser
hereby agrees to assume sole liability for, and indemnify Seller
against, any damages Seller sustains as a result of performance
under this Agreement. All shipments will be sent by the carrier
of Seller's choice unless a carrier is specified by Purchaser.
Prices, terms and availability are subject to change without notice.
Shipping and handling charges will be included for each shipment
and may be broken-out separately on an invoice confirmation by
Seller for shipping.
11. Copyright for any of the work performed hereunder,
of for any work appearing on any merchandise, in any form, shall
be vested in and remain the property of the original author or
creator. Any and all photographic images or products depicting
any Pebble Beach Company property, including but not limited to
Pebble Beach Golf Links, Spyglass Hill Golf Course, Spanish Bay
Golf Links and the Lone Cypress tree, are subject to the terms
and conditions of the License Agreement (PB Agreement) between
Seller and Pebble Beach Company. Purchaser agrees to be bound
by the terms and conditions of the said PB Agreement in connection
with the use and/or purchase of any Licensed Product.
If you have any questions regarding any of the terms and conditions
above, please
contact the Seller at the address shown on the front of this invoice.
JOANN DOST GOLF is a dba of Golf Lifestyles, Inc.
Thank you for your purchase.
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