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How to Order (Wheels Only)
Below is our standard
commission agreement which outlines the terms
for custom orders. Please print out
and send along with your initial deposit when placing a wheel order.
Initial deposit by check is the preferred method, subsequent payment may
be made by check or money order as well as PayPal. Please ask for
details about using PayPal when the time is appropriate.
Frequently Asked
Questions regarding the order agreement
**Deposit
is required to confirm order and schedule delivery date
please review payment terms in agreement prior
to placing your order.
Carson Cooper Spinning Wheels
Commission Contract
Agreement made as of the ______ day of _________, 200 ___,
between Cooper Spinning
Wheels_(hereinafter referred
to as the "Artist"), and _____________________________________________
(hereinafter referred to as
the "Purchaser").
Whereas, the Artist is a recognized professional; and
Whereas, the Purchaser
admires the work of the Artist and wishes to commission the Artist to
create
a work of art ("the Work") in the Artist’s own unique style; and
Whereas, the
parties wish to have the creation of this work of art governed by the
mutual
obligations, covenants, and conditions herein; Now, Therefore, in
consideration
of the foregoing premises and the mutual covenants hereinafter set forth
and other
valuable considerations, the parties hereto agree to as follows:
1.The Artist agrees to create the work according to the following
description and
specifications in the Artist's own unique style:
Size and
Style________________________________________________
Options____________________________________________________
___________________________________________________________
____________________________________________________________
Additional
Specifications_____________________________________________
______________________________________________________________
_______________________________________________________________
Total Price_____________
Estimated Date of Delivery_____________
2. Progress
Payments. Upon the Purchaser’s giving written approval of the
preliminary
design specifications, the Artist agrees to proceed with construction of
the Work, and
the Purchaser agrees to pay the price of $______________ for the Work as
follows:
__50_% of full purchase price upon confirmation of the order and
estimate of delivery date,
_30_% of full purchase price upon the completion of ____60___% of the
construction of the Work, and Full Balance of purchase price to be paid
upon the
completion of the Work prior to shipment The Purchaser shall pay the
applicable sales
tax, if any, with the final progress payment.
Customer agrees to pay for actual shipping cost, and any additional fees
as determined by
shipping carrier, by means of COD payment at time of delivery.
Completion of the Work is to be determined by the Artist, who shall use
the Artist’s
professional judgment to deviate from the preliminary design as
the Artist in good
faith believes necessary to create the Work.
If, upon the Artist presenting the Purchaser with written notice of any
payment being
due, the Purchaser fails to make said payment within two weeks of
receipt of notice,
interest at the rate of _20_% shall accrue upon the balance due. The
Purchaser shall
have a right to inspect the Work in progress upon reasonable notice to
the Artist.
Should notice of Past Due accounts by Certified Mail be required, the
cost of postage
shall be added to Purchaser's past due payment total.
3. Date of
Delivery. The Artist agrees to complete the Work within __90 ___
days
of the estimated due date specified at time of receiving the Purchaser’s
initial payment
This completion date shall be extended for such period of time as the
Artist may be
disabled by illness preventing progress of the Work.
The completion date shall also be extended in the event of delays
caused by
events beyond the control of the Artist, including but not limited to
fire, theft, strikes,
shortages of materials, and acts of God. Time shall not be considered of
the essence
with respect to the completion of the Work.
Purchaser will be notified of any substantial delay in Delivery Date.
4. Shipping
Charges: Purchaser agrees to pay all shipping charges and
special handling charges if applicable. Upon completion of the
Work, it
shall be shipped to the following address specified by the
Purchaser:
___________________________________________________________________
___________________________________________________________________
5. Termination.
This Agreement may be terminated on the following conditions:
(A) The Purchaser may,
upon payment of any progress payment due pursuant to
Paragraph 2 or upon payment of an amount agreed in writing by the Artist
to represent
the pro rata portion of the price in relation to the degree of
completion of Work,
terminate this Agreement. The Artist hereby agrees to give promptly a
good faith
estimate of the degree of completion of the Work if requested by the
Purchaser to do so.
(B) The Artist
shall have the right to terminate this Agreement in the
event the Purchaser is more than sixty days late in making any payment
due pursuant
to Paragraph 2, provided, however, nothing herein shall prevent the
Artist bringing
suit based on the Purchaser’s breach of contract.
(C) The Purchaser shall
have the right to terminate this Agreement if the Artist fails
without cause to complete the Work within 180 days of the completion
date in
Paragraph 3. In the event of termination pursuant to this subparagraph,
the Artist shall
return to the Purchaser all payments made pursuant to Paragraph 2, but
shall not be
liable for any additional expenses, damages, or claims of any kind based
on the failure
to complete the Work.
(D) The exercise
of a right of termination under this Paragraph shall be written and set
forth the grounds for termination.
6. Ownership.
Title to the Work shall remain in the Artist until the Artist is
paid in full.
In the event of termination of this Agreement pursuant to Subparagraphs
(A), (B),
or (C) of Paragraph 5, the Artist shall retain all rights of ownership
in the Work and
shall have the right to complete, exhibit, and sell the Work if the
Artist so chooses.
7. Copyright and
Reproduction. The Artist reserves all rights of reproduction and
all
copyrights in the Work, the preliminary design, and any incidental works
made in the
creation of the Work. The name of the Artist shall appear on the Work,
and the Artist
shall also receive authorship credit in connection with the Work or any
reproductions
of the Work.
8. Nonassignability.
Neither party hereto shall have the right to assign this Agreement
without the prior written consent of the other party. The Artist shall,
however, retain
the right to assign monies due to him or her under the terms of this
Agreement.
9. Integration.
This Agreement constitutes the entire understanding
between the parties. Its terms can be modified only by an instrument in
writing signed by both parties.
10. Waivers. 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.
11. Notices and Changes
of Address. All notices shall be sent by registered or certified
mail, return receipt requested, postage prepaid, to the Artist and
Purchaser at the
address first given above unless indicated to the contrary here
_____________
__________________________________________________________________
__________________________________________________________________
Each party shall give written notification of any change of address
prior to the date of
said change.
12. Governing Law.
This Agreement shall be governed by the laws of the State of
_Oregon_.
IN WITNESS WHEREOF, the
parties hereto have signed this Agreement as of the
date first set forth above.
Artist (Purchaser's
Canceled check for initial deposit shall constitute
acceptance of this agreement by Artist, Purchaser must include
an
original signed printout of this agreement by certified mail
with initial
deposit check) Signed copy of this agreement will be supplied at
your request ___________________________________
Purchaser__________________________________
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