Art Rental Program - Contract and Terms of Service
James Corwin Fine Art Rental Program – Terms and Conditions
These rental terms and conditions (“Rental Terms”) constitute a legal agreement between you (“You” or “Your”) and James Corwin Fine Art, LLC (“James Corwin Fine Art,” “we,” “us,” or “our”). These Rental Terms establish the terms and conditions under which You may rent art (each a “Product”) and receive related services (“Services”) from James Corwin Fine Art via our website at www.jamescorwin.com (the “Site”).
BEFORE YOU CLICK ON THE “I ACCEPT” BUTTON, CAREFULLY READ THE TERMS AND CONDITIONS OF THESE RENTAL TERMS. BY CLICKING ON THE “I ACCEPT” BUTTON OR ORDERING ANY PRODUCTS, YOU ARE AGREEING TO BE BOUND BY AND ARE BECOMING A PARTY TO THESE RENTAL TERMS. IF YOU DO NOT AGREE TO ALL OF THE TERMS OF THESE RENTAL TERMS, DO NOT CLICK THE “I ACCEPT” BUTTON AND YOU WILL NOT BE PERMITTED TO RENT THE PRODUCTS.
1. General; Rental Not Purchase
You agree and acknowledge that You are renting the Products and that ownership of, and title to, the Products remains with the artist, as applicable, at all times unless and until a purchase of the Product is completed. Our Products may only be rented by adults over eighteen years old using a credit card or other approved payment method. We may, and currently do, limit the number of Products that can be rented by You at any given time in our sole discretion. If a product is not available at a given time, it may be currently rented and available again at a later date.
2. Rental Fees; Credit Card Authorizations.
The rental fee for a Product (“Rental Fee”) will be the rental fee, insurance charges (if applicable) and delivery charges listed on the Site in connection with Your rental of the Products. Upon Your order to rent a Product, You hereby authorize us to charge Your credit card for the Rental Fee every thirty (30) days for the duration of the rental term. Rental terms are for a minimum of 3 months. We will assume that You are enjoying a Product unless we hear otherwise from You, so You agree that we may automatically renew your rental on a month-to-month basis and automatically charge You the Rental Fees for such renewal using the credit card associated with Your rental at the beginning of each month.
3. Our Commitments to You.
a. Delivery to You. We will deliver the Products You requested within 30 days of Your order, unless we inform You in connection with Your order that the specific Product is not available. Our liability to You for failure to deliver the Product as ordered is limited to the timely delivery of the Product as ordered or a refund of the Rental Fee or Purchase Price as determined by us. See Section 5(b) below.
b. Color Reproduction. We make efforts to display our products and their colors as accurately as possible, but Products may appear different in color and texture than the photos displayed on our Website. The Products will be professionally evaluated in our sole discretion for any damage prior to delivery.
c. Returns. With delivery of the Product, we will provide contact information to be used to arrange for the return transportation of the Product after the rental period. Either You or James Corwin Fine Art can request that the Product be returned to us at any time by notifying the other party. YOU AGREE TO PAY RETURN SHIPPING FEES. You will be responsible for all Rental Fees accrued up until the date the Product is returned to us.
d. Purchases: At any time You may decide to purchase a Product you are renting and James Corwin Fine Art will apply collected rental fees towards the retail purchase price of the Product.
e. Services. On the Site, we may offer various Services to assist You in selecting a Product. Our Services are provided “AS IS” without any guarantee as to results.
f. Right of First Refusal. In the event you are the current renter of a Product and an offer to purchase such Product is made, we agree to use reasonable efforts to offer you the opportunity to purchase such Product at the offered price, under our standard terms and conditions. We will use reasonable efforts to hold this right of first refusal open for three days, but we cannot guarantee that we can offer you this right. If you decline to purchase the Product or we cannot offer you this right of first refusal, you agree to return the Product to us using the original packaging and paying shipping fees, and in all cases within 7 days of our notification to you that an offer to purchase such Product has been made. We will not be liable to You or to any third party in the event we or a third party sells a Product currently in Your possession.
4. Your Commitments to Us; Payment of Retail Value.
a. Receipt of the Products. Risk of loss for any Product that You rent from us transfers to You upon the delivery of such Product by us to you or to a common carrier or other delivery service. You acknowledge that a Secure Shipping Address (defined below) is highly recommended. A “Secure Shipping Address” is a location where an individual can physically receive Product(s) upon delivery. James Corwin Fine Art does not bear liability for any Products left unattended upon and after delivery to the address You specify when You place Your rental order. Furthermore, You acknowledge that providing anything other than a Secure Shipping Address may result in delivery delays and additional delivery fees for which You, and not James Corwin Fine Art, will be responsible.
b. Use of the Products. You agree to treat each Product with great care, as if it was borrowed from Your close friends or family. You are responsible for loss or damage to the Products due to theft, mysterious disappearance, fire, major stains, scratches, rips or tears or any other cause, including any alterations or modifications to a Product. If You return a Product that is different from the Product we provided to You, including any Product that we, in our sole discretion, consider damaged, then You agree that we shall charge You, and You shall pay, the the price for repairing the Product, as determined in our discretion, and in the case of original artwork, the Retail Value for the Product at the time such Product is returned.
c. Continued Rental. You agree to continued payment of the Rental Fee on a monthly basis until You notify James Corwin Fine Art of Your Rental termination and the Product is returned to James Corwin Fine Art, or You notify James Corwin Fein Art of your decision to purchase the Product and James Corwin Fine Art receives payment from you of the Retail Value for such Product. Upon notification of a Rental termination, You agree to make the Product available for shipment within 7 days.
d. Payment of Retail Value. We will not charge You an amount greater than the Retail Value at the time of damage for any charges arising under this Section 4, excluding collection costs. If You elect to purchase any Product that You are currently renting, Your notification to us of Your desire to purchase such Product shall constitute an offer to purchase such Product, as described in the Terms. If we accept Your offer, You agree to pay us the full Retail Value for such Product minus any rental fees paid towards that or any other product and, upon our receipt of Your payment, title to such Product shall pass to You pursuant to the Terms and these Rental Terms. If You pay us the full Retail Value under this Section 4, including but not limited to payments for any damage to the Product under Section 4(b), and You still possess the Product, the Product is Yours to keep, on an “AS IS” basis without warranty of any kind.
e. Collections. If You do not pay the amounts You owe to us when due, then we will need to institute collection procedures. You agree to pay our costs of collection, including without limitation reasonable attorneys’ fees, if You do not pay amounts owed hereunder when due. Any amounts not paid when due shall bear interest at the rate of 10% per month.
f. Removal. We reserve the right to terminate Your right to rent Products from us at any time in the event of Your breach of these Rental Terms or for no reason or any other reason in our sole discretion.
5. Details on Our Commitment to You.
a. Limited Warranty. We use reasonable efforts to ensure that the Products are the original work of the stated artist. The foregoing warranty and the limited warranties in Section 3 apply only to You, may be acted upon only by You, and may not be assigned, sold or transferred to any third party. No other warranties are granted other than as set forth in this Section 5(a) and in Section 3. Our warranty herein shall not apply to any matters arising from violation of Your commitments set forth in Section 4 of these Rental Terms.
b. Remedies. Your sole and exclusive remedy and James Corwin Fine Art’s sole and exclusive liability for a breach of James Corwin Fine Art’s limited warranty shall be, at James Corwin Fine Art’s option, for James Corwin Fine Art to use commercially reasonable efforts to replace the non-conforming Product in a timely manner or a refund of Your Rental Fee (excluding insurance fees, if applicable, and delivery charges).
c. Disclaimers. THIS LIMITED WARRANTY IS IN LIEU OF ANY OTHER WARRANTIES, WHETHER EXPRESS OR IMPLIED, WRITTEN OR ORAL (INCLUDING, WITHOUT LIMITATION, ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT) WITH RESPECT TO THE PRODUCTS, THE SERVICES RELATED THERETO OR THE USE OR RESULTS OF THE PRODUCTS OR SERVICES.
6. Limitation of Liability.
a. No Indirect Damages. IN NO EVENT SHALL JAMES CORWIN FINE ART (OR ITS SUPPLIERS OR LICENSORS) BE LIABLE FOR ANY SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, PUNITIVE, MULTIPLE OR OTHER INDIRECT DAMAGES, OR FOR LOSS OF PROFITS OR LOSS OF USE DAMAGES, ARISING OUT OF THE SERVICES, WHETHER BASED UPON WARRANTY, CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, EVEN IF JAMES CORWIN FINE ART HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES.
b. Limited Direct Damages. JAMES CORWIN FINE ART’S (AND ITS SUPPLIERS’ AND LICENSORS') AGGREGATE LIABILITY ARISING OUT OF ANY PRODUCTS OR YOUR USE OF THE SITE OR THE SERVICES, WHETHER BASED UPON WARRANTY, CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, SHALL NOT EXCEED THE APPLICABLE RENTAL FEES PAID BY YOU FOR THE APPLICABLE PRODUCT AND/OR SERVICE.
c. Use of Results at Your Risk. YOU ASSUME SOLE AND EXCLUSIVE RESPONSIBILITY AND LIABILITY FOR ANY CLAIMS OR DAMAGES OF YOU OR ANY THIRD PARTY ARISING FROM USE OF THE SITE, THE SERVICES OR ANY PRODUCT.
7. Modification and Notification of Changes
a. Changes. We reserve the right to change the terms of these Rental Terms, including the Rental Fees associated with any Product you are currently renting, at any time and any such changes will apply to the rental of any Products after the date of such change. Any changes affecting a Product you are currently renting will take effect 30 days after we provide you notice of such change by sending an email to the email address you have provided to us.
a. Governing Law. These Rental Terms are governed by the federal laws of the United States and the laws of the State of Montana, excluding its choice of laws principles. The rights and obligations of the parties under these Rental Terms shall not be governed by the provisions of the 1980 United Nations Convention on Contracts for the International Sales of Goods, as amended. You agree that, by entering into these Rental Terms, to the extent permitted by applicable law, You are waiving the right to a trial by jury.
d. No Waiver. If any part of these Rental Terms is held invalid, illegal or unenforceable, such part will be construed consistent with applicable law. The remaining provisions of these Rental Terms will remain in full force and effect. Any delay or failure to require performance of any provision by James Corwin Fine Art will not constitute a waiver of any of James Corwin Fine Art’s rights and will not impede James Corwin Fine Art’s ability to enforce that or any other provision in the future.
e. Survival. Notwithstanding any other provisions of these Rental Terms, or any general legal principles to the contrary, any provision of these Rental Terms that imposes or contemplates continuing obligations on a party will survive the expiration or termination of these Rental Terms.
f. Force Majeure. James Corwin Fine Art shall not be liable for failure to perform any of its obligations hereunder by reason that are beyond its reasonable control, including, without limitation, fire, earthquake, interruptions in supply, other natural disasters, war, embargo, riot or acts of terrorism.