Entire Agreement

Acceptance of orders is based on the express condition that the “Client” or “Buyer” agree to all of the terms and conditions contained herein, acceptance of the first payment issued by the buyer will constitute buyer’s assent to these terms and conditions. These terms and conditions represent the complete and exclusive agreement between the parties, and no terms & conditions, in anyway adding to, modifying or otherwise changing the provisions stated herein shall be binding upon Confluent Studios Inc (CS), unless made in writing and signed and approved by officers of CS. These terms and conditions supersede any prior and/or contemporaneous agreements between buyer and CS. No Modification of any of these terms will be affected by CS’s production of goods following receipt of buyer’s purchase order, shipping request or similar forms containing printed terms and conditions conflicting or inconsistent with the terms herein.

 

Project Payments

• Pricing denominated in US Dollars (USD)unless otherwise stated.

• Payment 1 - All approved line items must be paid to 50% prior to commencement unless otherwise agreed upon by a CS managing authority.

• Payment 2 - Final 50% at completion of studio production and prior to release of studio works for custom crating & shipping.

• Invoices are due on receipt. No holdbacks. Interest calculated at 5% per month is applied to outstanding invoices not paid with fifteen (15) days.

• Quotations are based on CS being awarded the full scope of work.  If the scope of work is reduced CS reserves the right to submit a new quotation.

• Design & Sample is typically 20 – 30% of the contract value and included in payment 1.

• Storage fees will be applied (3% of the total contract per month) to the final invoice if artwork cannot be shipped upon completion.

• Federal, state, provincial and local taxes and duties are the responsibility of the client.

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Project Timelines

• Studio Production and timeline for each line item begins on receipt of funds, confirmed dimensions, approved design, and approved sample.

• Stated production timelines are estimates only and are dependent on the current volume of work at time of receipt of first payment.

• The contract will commence upon signatory approval of quotation or receipt of initial payment.

• If CS is asked to delay studio production by more than fifteen (15) days after receipt of initial payment, we reserve the right to review timelines and pricing.

 

Design & Sampling

• Changes to design, colouration and level of detail during the course of the design & sampling phase will result in a review of fees prior to studio production.

• CS can produce custom-made sample(s) with a fee to create the look the client is requesting for the project.

• Pricing includes one (1) sample for approval. Production of additional samples will incur additional costs and will be at the discretion of CS.

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Site Conditions

• We recommend that CS completed artwork be maintained in climate-controlled environments to prevent exposure of our finished artwork to high or low temperatures or high humidity during transit, or in storage prior to and during installation.

• CS completed artwork is to be installed in climate-controlled environments to ensure no warping or discolouration after installation. 

• CS will not warranty any completed work stored or installed in sub-standard conditions

 

Shipping and Crating

• All crating and shipping costs are separate from, and in addition to the prices listed based on FOB Vancouver.

• All custom crating and shipping costs are estimates only, until completion of studio works.

• All import duties: taxes and handling fees are not included in the crating and shipping costs and are the responsibility of the client where applicable. 

• All completed Studio Works, crating and shipping costs must be paid in full prior to shipment.

 

​Cancellations

• All artwork is custom made to order specifications. If a project is cancelled once the contract has commenced, there will be no refund of amounts paid. If line items are cancelled once the project has commenced, a cancellation fee of 15% of the total artwork cost of each cancelled line item will be charged along with all the costs incurred to the date of the cancellation.

 

Warranty and Customer Claims

• Except as specified herein, CS warrants that any goods sold hereunder will be free from defects in workmanship and materials for one (1) year.

• The buyer assumes all responsibility for the proper installation of the artwork ordered.

• This warranty does not apply to damage or breakage resulting from misuse, accidents, dramatic temperature variation, abuse, neglect, mishandling or wear and tear resulting from normal use or the location in which it is displayed

• Artwork: CS finishes are applied by hand and may vary in color, tone and character. While CS will make every effort to match a finish, no guarantee can be made of an exact match.

• CS does not guarantee finishes against fading and oxidizing. Variations in color and veining are inherent in precious and semi-precious metals along with pigments and artist materials and considered to be part of the natural beauty.

• The foregoing warranty is in lieu of and excludes all other warranties not expressly set forth herein, whether express or implied, by operation of law or otherwise, including but not limited to any implied warranties of merchantability or fitness for a particular purpose

   

   

Force Majeure

All quoted completion and delivery dates are estimates only and are subject to change by CS          upon notice to the buyer.

CS shall not be liable for delays in completion or shipment or default in delivery for any reason of          force majeure or for any cause beyond CS reasonable control including, but not limited to:

• Government action, war, terrorism, riots, civil commotion, embargoes or martial laws.

• CS inability to obtain necessary materials from its usual sources of supply.

• Shortage of labor, raw material, production or transportation facilities or other delays in transit.

• Labor difficulty involving employees of CS or others.

• Fire, earthquake, storm, flood or other casualty or act of God.

• Other contingencies of manufacture or shipment. In the event of any delay in CS performance due in whole or in part to any cause beyond CS reasonable control, CS shall have such additional time for performance as may be reasonably necessary under the circumstances. Acceptance by Buyer of any goods shall constitute a waiver by the Buyer of any claim for damages on account of any delay in delivery of such goods.

 

Notes To Reader

• All orders are subject to acceptance by CS.

• The studio work estimates are based on CS artwork to be provided as components only and installed by others.

• Quotations valid for 30 days.