Terms and conditions
All images are copyrighted © by Benn Francis, Regardless of whether or not the original image has been sold. The use of any image from this site is prohibited unless prior written permission from the artist is obtained.
This Artwork Leasing Agreement (“Agreement”) is between Benn Francis Artist (“Company”) and you (“Customer”).
- Artwork Leasing. Customer hereby agrees to lease from Company the artwork identified in the attached sales order/invoice which serves as Addendum A (the “Leased Artwork”), and as consideration therefore, Customer agrees to pay the lease fees in the amounts and within the time frames set forth on Addendum A. Customer and Company agree that this Agreement shall apply to all artwork leased by Customer from Company and that Company may, from time to time, modify, supplement and amend Addendum A to reflect the lease or return of artwork by the Customer under this Agreement.
- Title to Artwork. Title to the Artwork shall remain at all times with Company. No title or right to the Leased Artwork shall pass to the Customer, except the rights herein expressly granted.
- Maintenance and Alterations. Customer shall keep the Leased Artwork in the same condition as originally conveyed by Company to Customer, in a safe environment, and shall only use the Artwork for its intended purpose.
- Terms and Termination of Agreement. This Agreement shall continue in full force and effect until:
- Termination: the Leased Artwork is returned by Customer to the Company and all amounts due hereunder have been paid. At any point after the initial 30-day leasing period, Customer may terminate this Agreement. Customer has 5 business days to inform Company of its intent to terminate Agreement in writing and return Leased Artwork in its original condition to Company. If Customer does not meet the 5 business day deadline, Company will charge Customer’s credit card the appropriate lease rate for an additional month. Company does not issue prorated refunds or credits for any Leased Artwork.
- Purchased: the Leased Artwork is purchased by Customer for purchase price. At any time during this Agreement.
- Exchanged: the Leased Artwork is returned by Customer to Company in exchange for different Leased Artwork. At any point after the initial 30-day leasing period, Customer may return existing Leased Artwork for different Leased Artwork. This Agreement will be terminated upon the return of Leased Artwork and a new Agreement will be contracted.
- Security Deposit. Customer’s credit card will be charged a security deposit in the amount of $100 before taking possession of the Leased Artwork. Customer must keep a valid credit card on file during the term of the lease with Company. Customer’s credit card will not be charged purchase price unless Leased Artwork is damaged or lost.
- Liability. During the term of this Agreement, Customer shall be solely responsible for any loss or damage to the Leased Artwork. Customer hereby assumes and shall bear the entire risk of loss for theft, damage, destruction or other injury to the Leased Artwork from any and every cause whatsoever. No such loss or damage shall impair any obligation of Customer under this Agreement, which shall continue in full force and effect. In the event of damage to or loss of the Leased Artwork (or any component thereof), Customer shall pay the total of the unpaid lease payments for the entire Agreement term plus the purchase price of the Leased Artwork prior to such loss or damage, in which case this Agreement shall terminate except for any Customer duties, as of the date such payment is received by Company.
- Required Credit Card Information and Terms. A valid MasterCard, VISA (provided below) is required for the lease and other charges contemplated by this Agreement (including payment for the Leased Artwork in the event of loss or damage as provided in this Agreement). Customer hereby authorizes the Company to charge the credit card provided below to pay for the charges covered by this Agreement. Customer will pay in full the first 30 days of the lease before taking possession of Leased Artwork. After 30 days, Customers credit card will be charged monthly the amount respective to the lease until the Customer notifies Company of their intent to discontinue the lease. Company reserves the right to charge Customer’s credit card for all other charges contemplated by this Agreement. Customer hereby certifies that the information provided below is true and correct as of the date given and will remain true and correct throughout the term of this Agreement. Customer agrees to promptly update the information below in the event it changes.
- Recall of Leased Artwork: Occasionally, Leased Artwork (only originals), may be recalled by Company because of a sale. Company will, at its own expense, retrieve Leased Artwork from Customer and replace Leased Artwork with other artwork that is mutually acceptable to Customer and Company to fulfill the terms of the lease or Customer will receive a full credit for all lease payments made on the recalled Leased Artwork.
- Default. If the Customer defaults in any performance required herein for a period of 30 days, then (i) this Agreement may be terminated by the Company, (ii) the Company shall have the right to enter the Customer’s premises and remove the Leased Artwork, without notice, and (iii) the Company shall be entitled to pursue any other remedies available to it at law and in equity.
- No Waiver. Waiver of breach or failure to strictly enforce the terms of this Agreement shall not preclude a party from asserting a subsequent or continuing breach or from otherwise requiring strict conformance with the terms of this Agreement.
- Non-Payment. In the event legal action is necessary to enforce the payment terms of this Agreement, the Company shall be entitled to collect from the Customer any judgment or settlement sums due plus reasonable attorneys fees, court costs and other expenses incurred by the Company for such collection action and, in addition, the reasonable value of the expenses spent for such collection action, as governed by the State of Western Australia.
- Entire Agreement. This Agreement contains the entire understanding of the parties and shall be construed under and in accordance with the laws of the State of Western Australia