Terms & Conditions
Terms & Conditions
By placing an order, paying a deposit, or purchasing artwork from Barger Customs LLC, the client acknowledges and agrees to the following Terms & Conditions.
1. Commissions
All commissioned artwork is created specifically for the client based on the information, photographs, references, and requests provided at the time of ordering.
Because each piece is handmade, minor artistic variations may occur. Barger Customs LLC retains reasonable artistic discretion in the creation of commissioned artwork unless specific details have been agreed upon in advance.
2. Deposits
A 50% deposit is required before work begins on a custom commission.
The remaining balance is due upon completion and must be paid in full before the artwork is shipped, delivered, or released for pickup.
Deposits compensate Barger Customs LLC for reserving commission availability and for time, labor, materials, and work performed toward the commission. Any amount retained following a client’s cancellation or breach will be subject to applicable law.
3. Final Payment
Once a commission is complete, the client will receive written notice that the artwork is ready.
The remaining balance and any applicable shipping or delivery charges must be paid within 30 calendar days of the completion notice.
Artwork will not be shipped, delivered, or released for pickup until all amounts due have been paid in full.
4. Unpaid or Unclaimed Commissions
If the remaining balance and/or required shipping or delivery charges are not paid within 30 calendar days after written completion notice, Barger Customs LLC may cancel the order and consider the artwork unclaimed.
Barger Customs LLC may retain amounts from the deposit as permitted by applicable law to compensate for materials, labor, time, and other losses associated with the commission.
After cancellation for nonpayment, Barger Customs LLC retains possession of the artwork and reserves the right to sell, display, modify, reuse, or otherwise dispose of the artwork at its discretion.
5. Cancellations & Refunds
Due to the custom nature of commissioned artwork, cancellations after work has begun may not qualify for a full refund.
Any refund or amount retained will depend on the work already completed, materials purchased, expenses incurred, and applicable law.
Completed custom artwork is generally considered a final sale except where otherwise required by law.
If Barger Customs LLC is unable to complete a commission, the client will be contacted and an appropriate refund will be provided for any amount not earned or otherwise properly retained.
6. Revisions & Client Approval
Clients are responsible for providing clear and accurate reference photographs, specifications, colors, names, dates, boat details, or other information necessary for their commission.
Reasonable minor adjustments may be requested during the creation process when applicable.
Major changes to the original design, composition, subject, size, or concept after work has begun may result in additional charges.
Once the client approves the completed artwork, additional changes may be subject to an additional fee.
7. Completion Times
Any estimated completion date or turnaround time is an estimate unless Barger Customs LLC specifically agrees in writing to a guaranteed deadline.
Completion times may vary depending on commission complexity, drying time, material availability, current workload, and circumstances outside the reasonable control of Barger Customs LLC.
8. Shipping
Shipping costs are not included in the artwork price unless specifically stated otherwise.
The client is responsible for providing an accurate and complete shipping address.
Shipping charges must be paid before the artwork is shipped.
Barger Customs LLC will package artwork with reasonable care. Any shipping damage should be photographed, including the artwork and packaging, and reported promptly so that any available claim with the carrier can be addressed.
Barger Customs LLC is not responsible for delays caused by the shipping carrier or for incorrect delivery information supplied by the client, except as otherwise required by law.
9. Local Pickup & Delivery
Pickup or local delivery arrangements must be made in advance.
Artwork will not be released until the invoice has been paid in full.
Clients are responsible for collecting or arranging delivery of completed artwork within the timeframes stated in these Terms.
10. Original Artwork
Original artwork is handmade and may contain natural variations in texture, brushwork, color, surface, and other characteristics associated with original art.
Colors may also appear slightly different in photographs or on electronic screens than they do in person.
11. Care of Artwork
Clients are responsible for properly caring for purchased artwork after receiving it.
Artwork should be protected from excessive moisture, prolonged direct sunlight, extreme temperatures, and other conditions that could cause deterioration or damage.
12. Copyright & Reproduction
Unless otherwise agreed in writing, purchasing an original artwork or commission transfers ownership of the physical artwork only.
Barger Customs LLC retains all applicable copyrights and reproduction rights to the artwork.
Artwork may not be commercially reproduced, copied, printed, manufactured, or used to create products for resale without prior written permission from Barger Customs LLC.
13. Photography & Portfolio Use
Barger Customs LLC reserves the right to photograph and display completed artwork for portfolio, website, social media, advertising, promotional, and other business purposes unless otherwise agreed in writing before the commission begins.
Personal information belonging to the client will not intentionally be displayed solely because the artwork is displayed.
14. Reference Images
The client is responsible for ensuring that any photographs, logos, designs, or other reference materials provided for a commission may lawfully be used for the requested purpose.
The client should not provide copyrighted material for commercial reproduction unless the client owns the necessary rights or has permission to use it.
15. Pricing
Prices may vary based on artwork size, complexity, subject matter, materials, customization, shipping, and other requirements.
A quote provided for one commission does not guarantee the same price for future commissions.
Applicable sales tax will be added where required.
16. Refusal or Cancellation of Orders
Barger Customs LLC reserves the right to decline a commission before accepting an order.
Barger Customs LLC may also cancel an order when reasonably necessary, including circumstances involving nonpayment, abusive or inappropriate conduct, requests outside the agreed scope of work, or circumstances preventing completion of the commission.
Any amounts owed or refunded following cancellation will be handled in accordance with these Terms and applicable law.
17. Limitation of Liability
To the extent permitted by applicable law, Barger Customs LLC will not be responsible for indirect or consequential losses resulting from circumstances outside its reasonable control.
Nothing in these Terms is intended to eliminate any rights or remedies that cannot legally be waived.
18. Governing Law
These Terms & Conditions and transactions with Barger Customs LLC are governed by the laws of the State of Florida, without regard to conflict-of-law principles, except where applicable law requires otherwise.
19. Acceptance of Terms
Clients should review these Terms & Conditions before placing a commission order or submitting a deposit.
By placing an order or paying a commission deposit after being provided access to these Terms, the client acknowledges and agrees to the Terms & Conditions applicable to the order.
20. Changes to These Terms
Barger Customs LLC may update these Terms & Conditions from time to time.
Changes apply to future transactions and will not retroactively change the agreed terms of an existing commission unless both Barger Customs LLC and the client agree to the change.
21. Contact
Questions regarding an order, commission, payment, shipping, or these Terms & Conditions may be directed to:
Barger Customs LLC
Email:bargercustoms@gmail.com