Terms and Conditions of Sale

  1. The Purchaser will pay the Artist the Purchase Price for the Painting, and all packaging transportation and insurance charges (if any, as agreed - refer 6 below), in cleared $AU in cash, banker's draft, money order, approved credit card, or bank transfer, without deduction or set off.

  2. Title, possession and risk in the Painting passes only upon payment in the terms of 1 above.

  3. All copyright and moral rights in the Painting remain with the Artist.

  4. The Painting is sold:

    1. as an original work of the Artist;

    2. with good title and provenance, free of encumbrances and security interests;

    3. as described in the catalogue/on the web site; and

    4. in good and clean condition.

  5. Except as otherwise provided, delivery of the Painting is to be at the Artist's studio in Perth, Western Australia.

  6. Where the Purchaser requests the Artist to facilitate transportation:

    1. all transportation and delivery risks;

    2. all transportation, delivery and insurance charges; and

    3. all import/export duties and taxes (if any), are the Purchaser's responsibility and the Artist assumes no liability once the Painting is delivered to the transportation agent (who will be deemed the agent of the Purchaser). The Purchaser will pay the Artist all packing, transportation and insurance charges advised by the Artist and accepted as payable by the Purchaser, at the same time as the Purchase Price.

  7. If the Purchase Price is not received and cleared within 14 days of acceptance of the Purchaser's offer to buy, the Artist reserves the right to terminate the sale immediately upon giving notice to the Purchaser at the Purchaser's email or mailing/delivery address, without prejudice to the Artist's claim for default.

  8. These terms and conditions constitute the whole contract and no implied terms or conditions apply (except to the extent to which it is not possible at law to exclude the same).

  9. No contract is formed until the Purchaser's offer has been formally accepted by the Artist. The Artist may accept the Purchaser's offer to acquire the Painting by forwarding the Artist's tax invoice for the Purchase Price (together with any applicable transport and insurance reimbursements - refer 6 above) to the Purchaser's email address or mailing/delivery address.

  10. The law of Western Australia applies and the courts of Western Australia have jurisdiction.