CHRISTOPHER TAYLOR TIMBERLAKE LLC
TERMS AND CONDITIONS OF SALE
[Effective September 1, 2014]
These Terms and Conditions of Sale (“Agreement”) apply to all orders and purchases of jewelry (“Product”), including but not limited to sales by Internet, telephone, and in-studio, from Christopher Taylor Timberlake LLC (“Artist”). By placing an order for Product, the buyer (“Client”) accepts and agrees to be bound to the terms and conditions of this Agreement. This Agreement may not be altered, supplemented, or amended by the use of a purchase order or any other document unless otherwise agreed to in a written agreement signed by both Artist and Client. This Agreement shall prevail over any additional, conflicting or inconsistent terms and conditions that may appear on any purchase order or other document furnished by Client.
1. Sale and Purchase of Products. Artist hereby agrees to sell, and Client hereby agrees to purchase, the quantity and type of Product described on the Estimate, Invoice, or Product Listing (collectively herein the “Invoice”) provided to Client by Artist on the terms and conditions set forth in this Agreement.
2. Purchase Price. Client agrees to pay the Purchase Price of the Product as stated on the Invoice.
3. Taxes. The Client shall be responsible for the payment of sales tax, if any such tax is due.
4. Payment Terms. The Invoice shall state whether any amount is due as a deposit prior to the Artist beginning work on the Product. The total amount of the Purchase Price shall be payable in full by Client according to the payment due date stated on the Invoice. Any portion of the Purchase Price unpaid past thirty (30) days of the Due Date shall be considered past due. All amounts past due are subject to a late charge of the lesser of one and one-half percent (1 1/2%) per month (being eighteen percent (18%) per annum) or the highest lawful rate. In addition, Artist shall have the right to pursue any remedies available at law or as provided herein and shall be entitled to reimbursement from Client for Artist’s costs of collection, including attorney fees, legal fees and costs and disbursements.
5. Custom Orders and Special Orders. Custom orders and special orders are non-refundable, non-exchangeable and may only be canceled or altered within seven (7) days of being placed. Client is responsible for providing Product sizing information and assumes all liability for any errors in Product sizing information. In the event an error in Product sizing information results in a change order, Client agrees to pay the cost of all materials and labor required to enable Artist to implement the change order.
6. Delivery. Shipping and handling are additional unless otherwise expressly indicated in the Invoice. Title to Product passes from Artist to Client upon delivery to a courier by Artist. Loss or damage that occurs during shipment by a carrier selected by Artist is Artist’s responsibility, HOWEVER, Artist will not be responsible for any physical damage to any shipment if it is not inspected at the time of delivery and damages or suspected damages are not clearly noted on the carrier’s paperwork at the time of delivery. Loss or damage that occurs during shipment by any carrier selected by Client is Client’s responsibility. Client must notify Artist within five (5) days of the date of receipt of Product of any part of the Product that is missing, wrong or damaged. Any quoted shipping dates are estimates only.
7. Warranty. Artist warrants that the Product shall be free of any breaks, damage or malfunction (such as stones loosening or falling out) for a period of five (5) years from the date of purchase (“Limited Warranty Period”), and Artist agrees to provide parts and labor to repair or replace a broken, damaged or malfunctioning Product during the Limited Warranty Period EXCEPT where the problem is the result of: (i) normal wear and tear; or (ii) damage caused by Client’s negligent handling or use of the Product; or (iii) damage caused by, or resulting from work or alterations not performed by Artist. Client expressly acknowledges receipt of the Product Care Instructions attached hereto and agrees that damages caused by Client’s failure to care for the Product in accordance with such instructions will not be covered by the Limited Warranty.
8. Repairs and Replacement: With the exception of Product repairs subject to the Limited Warranty set forth in Section 7 above, Artist will provide repair, replacement, changes or redesign services by providing an estimate based on Artist’s standard hourly rate for the services requested by Client, and Client will be responsible for full payment for such repairs, replacement, changes or redesign pursuant to the terms of this Agreement.
9. Disclaimers; Limitation of Liability. EXCEPT FOR THE LIMITED WARRANTY SET FORTH IN SECTION 7 ABOVE, ARTIST MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT ARE DISCLAIMED BY ARTIST. ARTIST SHALL HAVE NO DUTY TO DEFEND, INDEMNIFY, OR HOLD HARMLESS CLIENT FROM AND AGAINST ANY OR ALL DAMAGES OR COSTS INCURRED BY CLIENT ARISING FROM THE INFRINGEMENT OF PATENTS OR TRADEMARKS OR VIOLATION OF COPYRIGHTS BY ANY PRODUCT.
ARTIST DOES NOT ACCEPT LIABILITY BEYOND THE REMEDIES SET FORTH HEREIN, INCLUDING BUT NOT LIMITED TO ANY LIABILITY FOR PRODUCT NOT BEING AVAILABLE FOR USE, LOST PROFITS, OR LOSS OF BUSINESS. ARTIST WILL NOT BE LIABLE FOR ANY CONSEQUENTIAL, SPECIAL, INDIRECT, OR PUNITIVE DAMAGES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR FOR ANY CLAIM BY ANY THIRD PARTY. CLIENT AGREES THAT FOR ANY LIABILITY RELATED TO THE PURCHASE OF PRODUCT, ARTIST IS NOT LIABLE OR RESPONSIBLE FOR ANY AMOUNT OF DAMAGES ABOVE THE AMOUNT PAID FOR THE APPLICABLE PRODUCT.
10. Governing Law. The parties agree that this Agreement and any claim, dispute or controversy (whether in contract, tort, or otherwise) between Client and Artist arising from or relating to this Agreement, shall be governed by the laws of the state of Texas, without regard to conflicts of laws rules.
CHRISTOPHER TAYLOR TIMBERLAKE FINE ART JEWELERY
PRODUCT CARE INSTRUCTIONS
To prolong the life of your fine jewelry and protect it from damage, we recommend the following care:
Activities to Avoid While Wearing Your Jewelry:
The following activities will expedite the speed of oxidation of your jewelry, and potentially cause damage, especially to stones. Therefore, it is recommended that you do not wear your jewelry while:
- Using cleaning chemicals;
- Applying lotions and perfumes;
- Lifting heavy objects (e.g. lifting free weights, carrying metal furniture, yard work, etc.);
- Washing dishes;
- Engaging in any activity that results in a sustained amount of time in water;
- Engaging in any activity with potential damage to the hands, such as rock climbing, auto repair, construction, etc.
Recommended Cleaning of Your Ring:
- Use a mild, non-abrasive soap and warm water.
- For particularly dirty jewelry, gently clean using a soft toothbrush with mild soap and water.
- You can remove the tarnish from the silver on the inside of the ring with a silver or general jewelry polishing cloth. (NOTE: if you use a polishing cloth on the patterned Mokumé surfaces, the polish may temporarily make the pattern difficult to see. The pattern should return as the metals oxidize in reaction to the environment.)
- If a polished stone inlay has become dull, you may want to return it to us for re-finishing.