Acceptance of sales is based on the express condition that Buyer agrees to all of the Terms and Conditions contained herein. Acceptance of delivery by Buyer will constitute Buyer’s assent to these Terms and Conditions. These Terms and Conditions represent the complete agreement of the parties, and no Terms and Conditions in any way adding to, modifying, or otherwise changing the provisions stated herein shall be binding upon Allen Ball unless made in writing and signed and approved by an officer of Allen Ball. No modification of any of these terms will be affected by Allen Ball’s shipment 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.

PRICING

All prices are in U.S. dollars and are F.O.B. New York. The line sheet reflects LIST pricing and may be discounted for trade clientele. Shipping & Packing charges are additional. A minimum deposit of fifty percent (50%) is required to initiate order fulfillment, except for In-Stock items which require payment in full of one-hundred percent (100%). All accounts shall be paid in full when invoiced, which occurs when the order is complete. A service charge of the lesser of one and one-half percent (1.5%) per month or the maximum permissible rate will be added to all accounts not paid within sixty (60) calendar days from the date of invoice for final balance due. Orders must be paid-in-full, including shipping, handling, crating and packing, storage, taxes, and service charges prior to shipping. All prices are subject to change.

STORAGE

Additional storage fees of three percent (3%) per month of the invoiced order value will be charged to store goods if not picked up or shipped within sixty (60) calendar days from the date of invoice for final balance due. Storage fees will not be pro-rated for partial months.

CANCELLATION OF ORDERS & RETURNS

All orders are non-cancelable after fourteen (14) calendar days from Order Date, nor returnable. Changes in orders, returns, or cancellations require prior written approval from Allen Ball. Such orders will be subject to change, cancellation or stocking fees up to fifty percent (50%) of the net selling price. In-Stock items will not be accepted as a return if product has been altered, or damaged in any way.

INITIATION

Please contact allenthomasball@gmail.com to initiate or visit the online viewing room.

All sales are activated with a fifty percent (50%) non-refundable deposit, except for artworks sold online which are confirmed with a non-refundable payment in full of one-hundred percent (100%). The final balance and shipping fees must be paid before delivery can be scheduled. Receipt of payment is considered confirmation of all sale details as outlined in the estimate. Allen Ball is not responsible for any errors Buyer has overlooked in the estimate after payment has been made.

We accept check, credit card, or wire transfer as a form of payment. Please allow up to five (5) working days for a wire transfer to clear.

Please make checks payable to Allen Ball and send to:

Allen Ball
Accounting
323 West 39th Street, Suite 609
New York, New York 10018
Check Memo (Invoice No.)

Please inquire for bank details to make a payment by wire transfer

REMEDIES UPON DEFAULT

Allen Ball shall not be liable for incidental or consequential losses, damages or expenses, directly or indirectly arising from the sale, handling or use of the goods, or from any other cause with respect to the goods or this agreement, whether such claim is based upon breach of contract, breach of warranty, strict liability in tort, negligence or any other legal theory. Allen Ball’s liability hereunder in any case is expressly limited, at Allen Ball’s election, to repair or replace (in the form originally ordered) of goods not complying with this agreement, or to the repayment of, or crediting Buyer with, an amount equal to the purchase price of such goods. Any claim by Buyer with reference to the goods sold hereunder for any cause shall be deemed waived by Buyer unless submitted to Allen Ball in writing within thirty (30) days from the date Buyer discovered, or should have discovered, any claimed breach.

WAIVER

Waiver by Allen Ball of any breach of these terms and conditions shall not be construed as a waiver of any other breach, and failure to exercise any right arising from any default hereunder shall not be deemed a waiver of such right at any subsequent time.

SEVERABILITY

In the event that any one or more of these terms or conditions is held invalid, illegal or unenforceable, such provision or provisions shall be severed and the remaining terms and conditions shall remain binding and effective.

CONTROLLING LAW

This agreement shall be deemed to have been executed and delivered at Allen Ball, 323 West 39th Street, Suite 609
New York, New York 10018. This agreement and all rights and obligations hereunder, including matters of construction, validity and performance shall be governed by the laws of the State of New York including the Uniform Commercial Code as enacted in that jurisdiction, without giving effect to the principles of conflicts of law thereof. All disputes shall be filed with the American Arbitration Association in New York, NY and governed by the rules of AAA. All decisions made in the arbitration will be considered binding and an entry of judgment shall be deemed to the prevailing party. Any judgment rendered by the arbitrator may be entered in any court having jurisdiction. (Attorney fees and cost shall be awarded to prevailing party.)

Updated as of May 23, 2024