Double Wheel
Canadian
24" Finland
Tips before you shop for the new wheel
Below you will find our standard commission agreement which outlines
the terms
for restoration requests. Should you wish to have an item
restored, repaired or duplicated,
please send an
original signed printout of this agreement along with your initial deposit check by
certified mail to: Carson Cooper Spinning Wheels
P.O. Box 4252 Medford, Oregon 97501
Deposit is required to confirm
order and schedule delivery date
Please review payment terms in agreement prior to placing your order. Thank You!
Your business is appreciated!
Carson Cooper Spinning Wheels
Restoration/Repair of Customer Goods Agreement
Agreement made as of the ______ day of _________,
200 ___,
between Carson 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 perform the restoration, repair or duplication of
customer's property
according to the following description and
specifications, in the Artist's own unique style
(providing Customer's items are not copyrighted or patented), in keeping with
the original style
and methods used in the original work as much as is deemed possible by
The Purchaser agrees that Carson Cooper Spinning Wheels shall not be liable for loss of Purchaser's
property, if supplied, in the event of theft, fire or other acts of God which cause the loss or damage
of supplied property. In the event damage occurs during the repair process, compensation to Purchaser
shall be limited to the replacement of supplied parts with new ones made by Carson Cooper Spinning Wheels.
Description of work to be done:___________________________________
___________________________________________________________
___________________________________________________________
____________________________________________________________
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___________________________________