Effective September 1st, 2021
BEFORE YOU CLICK THE “I ACCEPT” BUTTON, CAREFULLY READ THIS CUSTOMER RENTAL AGREEMENT AND WE ADVISE YOU TO PRINT AND RETAIN A COPY FOR YOUR REFERENCE. BY CLICKING ON THE “I ACCEPT” BUTTON OR ORDERING ANY PRODUCTS, YOU ARE AGREEING TO BE BOUND BY AND ARE BECOMING A PARTY TO THIS RENTAL AGREEMENT. IF YOU DO NOT AGREE TO ALL OF THE TERMS OF THIS RENTAL AGREEMENT, DO NOT CLICK THE “I ACCEPT” BUTTON AND YOU WILL NOT BE PERMITTED TO RENT OR BUY THE GOODS. ART TAUSCH RESERVES THE RIGHT TO CHANGE THE RENTAL AGREEMENT AT ANY TIME IN THE FUTURE AT OUR SOLE DISCRETION AND ANY CHANGES WILL APPLY TO THE RENTAL OF ANY GOODS AFTER THE DATE OF SUCH CHANGE. ANY CHANGES AFFECTING WORK CURRENTLY RENTED BY YOU WILL TAKE EFFECT THIRTY (30) DAYS AFTER WE PROVIDE YOU NOTICE OF SUCH CHANGE.
This Agreement and any matter arising out of the subject matter of this Agreement shall be governed by the law of the State of New York and you agree to submit to the non-exclusive jurisdiction of the courts of the State of New York.
OUR SERVICE – RENTAL OF ARTWORK
In accepting this binding Rental Agreement, You hereby agree and acknowledge that Art Tausch is renting Artworks to You, and that title and ownership of the Artworks remains with Art Tausch or the artist responsible for creating the Artwork. Art Tausch acknowledges that no title to any Artwork shall transfer hereunder, nor shall You be permitted to sell, offer for sale, consign, pledge, encumber, or otherwise exercise nor purport to exercise any ownership interest in any Artwork pursuant to the terms of this Agreement; any purchase by You of any Artwork shall be subject to a separate contract between Art Tausch and You. Should you purchase the Goods, this Rental Agreement will be terminated and the purchase will be governed by the Terms and Conditions of the Website, as set forth below. Title to each of the Artworks passes directly to You.
FEES AND CREDIT CARD AUTHORIZATIONS
By placing an Order to rent an Artwork You agree that the Rental Fee, insurance charges ( Art Tausch holds a security deposit equal to 10 % of the purchase price) be charged to your credit card on a recurring basis at the time of your Order, plus sales taxes AND at the beginning of each Rental Period after the first until termination of this Rental Agreement. In connection with delivery, you will be required to sign an Initial Condition Report confirming the condition of the Artwork at the time of delivery. You agree that once Artwork is delivered and installed at your Premises you will not uninstall, relocate or move it during the Rental Period. Rental Fees exclude all federal, state and local taxes, fees, customs, duties, levies and other governmental assessments, all of which shall be paid by You directly. The maximum rental period for each Artwork cannot exceed more than three months.
Furthermore, you authorize Art Tausch to charge Your credit card for any of the following additional payments:
Any costs of loss or damage resulting from a failure by the Renter to comply with or breach of this Agreement;
Any costs accruing to Art Tausch, including, but not limited to, reasonable legal fees and any debt recovery or court fees incurred in collecting payments overdue from a Renter; and
Any other money due to Art Tausch by You under this Agreement.
ART TAUSCH’S COMMITMENT TO YOU
Availability of Artwork. While Art Tausch endeavors to continuously update the Website, we work with many artists and offer several works from each artist. We may not be aware until after completion of the Checkout process that an Artwork has been made unavailable by the artist. All Orders are subject to availability. Where Art Tausch is unable to fulfill Your Order, Art Tausch shall endeavor in good faith to provide options for a reasonably comparable substitute for the leased Artwork, which option shall be available to be immediately rented to You at a Rental Fee equal to the originally-leased Artwork. You can also cancel Your Order and we will refund any collected Rental Fee(s) in relation to Your Order (excluding insurance fees, if applicable, and delivery charges).
Delivery Art Tausch. We will deliver Your Order to the secure delivery address you provide at the time of Checkout, no later than 30 business days from the date of Your Order, unless otherwise agreed, or unless the Artworks are unavailable.
Color Reproduction. Art Tausch endeavors to display and describe as accurately as possible the colors & textures of the Artworks which appear on its website. We cannot give any assurance that the colors or textures of Artworks supplied will exactly match those displayed on Your monitor.
Product Specifications. Given the bespoke, hand crafted nature of each and every item of fine Artworks rented and/or sold by Art Tausch, the exact size of Artworks may alter slightly from piece to piece and from the dimensions listed on the Art Tausch website. Art Tausch reserves the right to amend the specifications of any of the Artworks without prior notice. Art Tausch shall inspect the Artworks for damage prior to dispatch and on return, and evaluate their condition at Our sole discretion.
Returns. We are dedicated to providing our collectors with accurate descriptions and visuals of the artwork featured on our site. If in doubt, we invite you to come to the gallery to view the piece prior to renting it. The first month of your rental is non-refundable. Custom-framed artwork is excluded due to the bespoke nature of the framing process.
Purchase. For each rented Artwork, You shall have the option to purchase the Artwork prior to or at the conclusion of the Rental Term. If You wish to exercise such purchase option, You shall notify Art Tausch no less than ten (10) days prior to the conclusion of the Rental Term for such Artwork, and Art Tausch shall invoice You in the amount of the Purchase Price for the Artwork, applying as a credit against such amount fifty percent (50%) of the aggregate Rental Fees previously paid by You for such Artwork or if You exercise such purchase option less than one(1) month into the Rental term, then Your credit against the Purchase price shall be the Rental Fee for one (1) month. The purchase price will be as indicated on the Website, unless the Artwork is rented differently than as advertised for sale on the Website such as in, but not limited to, the case of unframed and framed editions. Art Tausch can, at its sole discretion, alter the retail price at any time so as to reflect optional extras for example frames, discounts, or promotions. If You at any time decide to purchase a rented Artwork at the indicated retail value, Art Tausch will deliver a signed Certificate upon receipt of payment. Title to such Artwork shall pass to You pursuant to the Terms and Conditions of these Rental Terms.
Credits. Art Tausch reserves the right to exclude any monetary credit or promotional offer from being applied to any Order to rent and/or purchase Artwork under this Agreement at its sole discretion.
Packing and Shipping. We are not responsible for any act or omission of any packer, shipper or common carrier in the packing or shipping of the Artwork.
Right of First Refusal. During its Rental Term, Art Tausch shall notify You of any third-party purchase offer for a leased Artwork as soon as is practicable, and such offer shall be subject to Your Right of First Refusal for a period of 10 business days, during which time You may purchase the work at the offered price. If You waive your Right of First Refusal, Art Tausch shall endeavor in good faith to provide one (1) option for a reasonably comparable substitute for the leased Artwork, which option shall be available to be immediately rented to You at a Rental Fee equal to or lesser than the Rental Fee in effect for the originally-rented Artwork. You shall bear no Logistics Fees in connection with such substitution, but shall make the Artwork available for collection by Art Tausch’s designated shipping agent within no greater than ten (10) business days.
Services. Art Tausch offers various Services to assist You in selecting an Artwork. Our Services are provided ‘As Is’ without guarantee as to results.
YOUR COMMITMENT TO US
Adult Agreement. Our Artworks may only be rented by adults over eighteen years old using a credit card or other approved payment method. All buyers on the Site must be at least 18 years old and able to form binding contracts under applicable law.
Secure Delivery Address. You agree to provide a Secure Delivery Address at the time of Your Rental Order. A “Secure Shipping Address” is a location where an individual can physically receive Product(s) upon delivery. If you are unable to accept delivery of the Artworks Yourself, then You agree to provide Art Tausch with a Secure Delivery Address where a trusted agent can accept delivery of the Goods and attend to them until You are personally able to collect the Goods. Risk of loss for any Product that You rent from us transfers to You in the event that an unsecured delivery address is provided. Art Tausch does not bear liability for Products left unattended and after delivery to the address You specify when You place Your rental order.
Furthermore, You acknowledge that providing anything other than a Secure Delivery Address may result in delivery delays and additional delivery fees for which you, and not Art Tausch, will be responsible. Failure to provide a Secure Delivery Address will prohibit You from claiming any reduction in liability.
Use of Goods. You agree to assume sole responsibility for any loss, damage to, or destruction of the Artwork, accidental or otherwise, from the time of initial delivery to You or Your agent or to a common carrier until the Goods are returned and received by Art Tausch. Lessee shall take the same care to prevent the loss of, and damage to, the Artworks as is taken by it with respect to its own valuable assets. You are responsible for loss or damage to the Products for any reason, due to theft, mysterious disappearance, fire, water damage other than normal wear and tear (e.g., minor scratches, small marks, minor damage to frames, damage to hanging devices or other minor damage, as determined by Us in our sole discretion). The Artwork shall be maintained in the Initial Condition Report, and You agree to take such steps as will be necessary to protect Artwork from dirt and damage, and preserve Artwork in the same condition as set forth in the Condition Report. You may not make any alterations or modifications to the Artworks. If You return an Artwork that is different from the Artwork we provided to You, including any Product that we, in our sole discretion, consider damaged beyond normal wear and tear, then You agree that we shall charge You, and You will pay the lesser of: (a) the price for repairing the Goods, as determined in our discretion, or (b) the Retail Value for the Goods at the time said Goods are returned.
Continued Rental. You agree to continued payment of the Rental Fee on a monthly basis until You notify Art Tausch via email to email@example.com of Your Rental termination. Your first payment will occur at the time Your Order is placed, with the first Rental Period beginning 1 business day after Your Order has been dispatched. Each Rental Period will last for 30 calendar days, with recurring rental fee charged to You at the beginning of each new rental period.
Termination of Rental. Unless an Artwork is purchased by You, You shall return the Artworks to Art Tausch within 10 business days of the termination of this Rental Agreement for such Artwork. You agree that in the event of Your failure to timely facilitate the return the Artworks, You shall be obligated to pay additional Rental Fee(s) until such a time as the Artworks are received by Art Tausch.
Payment of Retail Value. You agree that in the event of any repair or replacement costs due to any loss, damage to, or destruction of the Artwork, accidental or otherwise, while in Your possession, Art Tausch shall fully charge you. Further You’ll be charged at Our sole discretion up to the full retail price listed on our Website www.arttausch.com at the time of Your Order.
Prohibition of Commercial Purposes. Your Rental is to be enjoyed in Your home or office and is not intended for commercial purposes. You acknowledge that no title to any Artwork shall transfer hereunder, nor shall You be permitted to sell, offer for sale, consign, pledge, encumber, or otherwise exercise nor purport to exercise any ownership interest in any Artwork pursuant to the terms of this Agreement. You shall not reproduce images of the Artwork or otherwise commercially exploit the Artworks any intellectual property rights therein without Art Tausch’s prior written consent.
Termination. Art Tausch reserves the right to terminate Your right to rent Artworks from Us at any time in the event of a material breach of this Rental Agreement or for any other reason in Our sole discretion. In the event of a Force Majeure Occurrence, in which case, the party triggering this clause shall give the other party notice as soon as practicable and shall cooperate in any efforts to mitigate the non-triggering party’s resulting damages, including by curing any delay of reasonable practicable. Without limiting Our other rights under these Rental Terms, upon termination of this Rental Agreement, we may take possession of the Artworks wherever situated if such Artworks are not returned to Us in the permitted period of time, without any court order or other process of law and without liability for entering the premises.
WARRANTY, REPRESENTATIONS AND INDEMNIFICATION.
Limited Warranty. We use reasonable efforts to ensure that the Artworks are authentic, i.e., each Artwork is an original work by the hand of the Artist. The foregoing warranty and the limited warranties applies 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 as set forth in these Rental Terms.
Your rental, purchase or shipment of any Artwork is not designed to facilitate any unlawful objective, including without limitation tax evasion or tax fraud, and neither You or any person or entity with and ownership or beneficial interest is connected with the proceeds of criminal activity (including without limitation tax fraud) or listed on the Specially Designated Nationals list, nor under investigation for, charge with or convicted of, money laundering, terrorist activities or other money laundering predicate crimes, nor associated with any individual or entity to sanctions or embargo pursuant to any program or regulation of the United States Office of Foreign assets Control.
You warrant, represent, and agree that: (i) You have the full right, power and authority to enter into and fully perform this Agreement and such performance shall not violate any law nor the terms of any contract between You and any third-party, nor shall such performance infringe upon or violate any other rights of any third-party; (ii) each Artwork is, and shall remain during its Rental Term, free and clear of all liens, security interests, encumbrances and restrictions ( including, without limitations, claims of governments or governmental agencies); (iii) no Artwork shall infringe on the copyright or other intellectual property right held or claimed by another; (vi) no laws, guidelines or restrictions of any country or jurisdiction ( including, without limitation, import-export laws, including those relating to required declarations) have been, or will be violated in connection with the rental or purchase of any Artwork.
You shall indemnify and hold Art Tausch harmless from and against all liabilities, losses, damages, costs and/or expenses (including reasonable outside attorneys’ fees and court costs) arising out of any third-party claim inconsistent with or any breach or alleged breach of any of warranties and representations herein made by You, as well as any failure of You to perform Your obligations under this Agreement (including without limitation payment of Rental Fees).
Remedies. Your sole and exclusive remedy and Art Tausch’s sole and exclusive liability for a breach of Art Tausch’s limited warranty shall be, at Art Tausch’s option, for Art Tausch to use commercially reasonable efforts to replace the non-conforming Product in a timely manner or a refund of Your rental fee.
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.
LIMITATION OF LIABILITY
YOU ASSUME SOLE AND EXCLUSIVE RESPONSIBILITY AND LIABILITY FOR ANY CLAIMS AGAINST YOU AND/OR DAMAGES ARISING FROM USE OF THE PRODUCTS DURING YOUR RENTAL PERIOD.
LIMITATION OF LIABILITY
No Indirect Damages. IN NO EVENT SHALL ART TAUSCH (OR ITS SUPPLIERS OR LICENSORS) BE LIABLE TO YOU OR ANY THIRD PARTY FOR SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, PUNITIVE, MULTIPLE OR OTHER INDIRECT DAMAGES, OR FOR LOSS OF PROFITS OR LOSS OF USE DAMAGES, ARISING OUT OF THE SITE OR THE SERVICES, WHETHER BASED UPON WARRANTY, CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, EVEN IF ART TAUSCH HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES.
Limited Direct Damages. ART TAUSCH’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.
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.
Governing Law. These Rental Terms are governed by the federal laws of the United States and the laws of the State of New York, 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 and Art Tausch are waiving the right to a trial by jury.
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 Art Tausch will not constitute a waiver of any of Art Tausch’s rights and will not impede Art Tausch’s ability to enforce that or any other provision in the future.
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.
Force Majeure. Art Tausch 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.
OTHER LEGAL MATTERS
This agreement contains the entire understanding between Art Tausch and You. It may not be changed except by a writing signed by Art Tausch and You. This agreement shall inure to the benefit of and shall bind the parties, and any successors permitted assigns. Neither You nor Art Tausch may assign any rights or obligations under this agreement without the prior written consent of the other, except that Company may do so to an affiliated or successor business entity. You and Art Tausch shall resolve any disputes according to the Dispute Resolution Process in accordance with the Governing Law. This Agreement may be executed in counterparts, each of which shall be deemed an original, but all of which together shall constitute one and the same agreement. Each of the parties shall reasonably cooperate with the other in executing further documents or taking further actions as are necessary to fulfill the purposes of the Agreement.
Artwork or Artworks means each and every item of fine and decorative art listed on Art Tausch’s website, including any and all editions of such Artworks.
Goods or Products mean the Artwork /Artworks or Services which Art Tausch is to rent and/or sell in accordance with Art Tausch’s Terms and Conditions as per the Website.
Checkout means the process of You supplying information such as address, payment details, and acceptance of this Rental Agreement for purposes of completing Your Order.
Dispute Resolution Process means that Lessee and Company shall first try to resolve any disputes amicably and in good faith. Lessee and Company agree to meet in person and promptly in the event that either Lessee or Company asserts that there is a dispute. In the event that a dispute is not resolved informally, it is agreed that any and all disputes, claims or controversies arising out of or relating to this agreement shall be submitted to JAMS, or another international alternative dispute resolution (“ADR”) provider of Company’s reasonable selection, for mediation, and if the matter is not resolved through mediation, then it shall be submitted to such ADR provider for final and binding arbitration in New York City (if to JAMS, pursuant to its Streamlined Arbitration Rules and Procedures). Judgment on any award may be entered in any court having jurisdiction. The arbitrator shall, in any award, allocate all or part of the costs of the arbitration, including the fees of the arbitrator and the reasonable attorneys’ fees of the prevailing party.
Governing Law means the law of the State of New York.
Force Majeure Occurrence means the failure of a party to perform, or delay in performing, an obligation under this Agreement as a result any circumstance beyond its reasonable control, including without limitation any fire, flood, natural disaster, or other act of God; any riot, strike, or other civil or labor unrest; transportation suspensions or other infrastructural incapacitation, or inability to secure sufficient labor, power, essential commodities, or necessary equipment; any act of war, armed conflict, terrorist attack or threat of the foregoing; any governmental action or regulation enacted or effected following the execution of this Agreement and which is prohibitive or restrictive of performance hereunder; any outbreak of disease, public health emergency, quarantine, epidemic, pandemic, nuclear or chemical contamination, or other condition that threatens the life, health, or safety of such party’s personnel, vendors, or clients as determined by such party in its reasonable discretion.
Receipt means the date when the Order has been delivered to You
Rental Fee means the recurring monthly charge for the temporary use of an Artwork as listed on the Website at the time of execution of this contract
Rental Period means the period of 30 calendar days of temporary possession of each Artwork, beginning one business day following initial dispatch of Goods or the day after the last day of the previous rental period
Sale Price means the price listed on Art Tausch’s Website for each Artwork
Secure Delivery Address means an address where You or Your agent will be physically available at the time of delivery of Your Rental Order to take possession of the Goods
Order means Your request to Rent and/or Buy Artwork from Art Tausch