Michael McBroom

Handcrafter Guitars


Commission Agreement


From this point let the terms (insert your name) be known as “Client.” All terms of “Project” relate to the item stated in the “Specific” and “Options” sections of this contract.


Specific:


Commissioned Instrument:


The instrument’s nominal specifications are as follows:


______________soundboard

______________back and sides

Spanish cedar neck with ebony reinforcement strip

Ebony fingerboard

Indian rosewood bridge

__________Binding

__________Purfling

Tuners: Schaller (cut)

Finish: french polish

650mm scale

Hardshell case


Options:


Total Charges:

 

Base price:           $

Options:

 

-------

Total price:          $


This contract states that the “Client” agrees to purchase for the amount of ($) payable in full as indicated below upon completion of the project.


General:


1. Deposit and Payment Schedule:


A $250 deposit is required to reserve a spot in the building schedule. The deposit is non-refundable, so be sure you've made up your mind about this. Half the balance is due when I begin building the guitar, and the other half, plus shipping and insurance, is due upon completion. If the completed guitar is to be shipped outside the United States, additional shipping charges may apply.


1st payment, due when building begins: ($)

2nd payment, due upon completion: ($) + actual shipping and insurance charges


Deposit and payments options:


Personal check, cashier check, money order or Paypal. Checks are to be mailed to:


Michael McBroom

1702 Monarch Oaks St.

Houston, TX 77055


If you elect to use Paypal, payments should be made to cooltouch@gmail.com.


2. Default in Payment:


The Client shall assume responsibility for all collection and/or legal fees necessitated by default in payment.


3. Changes:


Client shall make additional payments for changes requested of original project. However, no additional payment shall be made for changes required to conform to the original project description. The Client shall offer Michael McBroom first opportunity to make any changes.


4. Expenses:


Client shall reimburse Michael McBroom for all expenses arising from this project, including the payment of any sales taxes due on this project. Client’s approval shall be obtained for any increases in fees or expenses that exceed the original estimate by 10% or more.


5. Progress Reports:


Michael McBroom shall contact or meet with the Client on a mutually acceptable schedule to report all tasks completed, problems encountered and recommended relating to the development of this Project. Michael McBroom shall inform the Client promptly by telephone or email upon discovery of any event or problem that may significantly delay the development of the work.


6. Alterations:


Any alteration of original project is prohibited without the express permission of Michael McBroom. Michael McBroom will be given first opportunity to make any alteration required. Unauthorized alteration shall void all warranties expressed or implied.


7. Modifications:


Modification of this Agreement must be written, and Client shall pay fees or expenses that were orally authorized in order to progress promptly with the work.


8. Promotional Use:


Michael McBroom reserves the right to use any piece of this Project, complete or in part, for promotional use.



9. Dispute Resolution:


Any disputes in excess of $2,500.00 (maximum limit for small claims court) arising out of this Agreement shall be submitted to binding arbitration before the Joint Ethics Committee or a mutually agreed upon arbitrator pursuant to the rules of the American Arbitration Association. The Arbitrator’s award shall be final, and judgment may be

entered in any court having jurisdiction thereof. The Client shall pay arbitration and court costs, reasonable attorney’s fees, and legal interest on any award of judgment in favor of Michael McBroom


11. Option to cancel:


For any reason, either party may cancel this order thereby voiding this contract. If the order is canceled by the Client, the deposits will be forfeited to Michael McBroom and any additional moneys paid, if any, will be subject to the following conditions: The first payment is 100% refundable prior to any material orders. Once materials are ordered, their costs will be deducted from the first payment’s amount. Once building commences, materials costs and labor at the rate of $20/ hr will be deducted from the first payment’s amount. Refunds will be made to the Client within 30 days. If the order is canceled by Michael McBroom, all paid deposits and payments will be returned to the Client within 30 days.


12. Satisfaction:


Work will be completed to the complete satisfaction of the Client. If not satisfied for any reason, the Client may return the instrument for refund, less the $250 deposit, within 14 days of receipt of the instrument. If not in original condition, the cost of restoration will be deducted. If significant special options have been specified, Michael McBroom reserves the right to withhold reimbursement until the instrument has been resold.


13. Acceptance of Terms:


The signature of both parties shall be evidence to the acceptance of these terms.


Warranty


This instrument is warranted by Michael McBroom to be free from defects in materials and workmanship, subject to limitations contained in this warranty. This warranty is extended to the original owner only, and is not transferable to subsequent owners.


WHAT I WILL DO:


If at any time this Michael McBroom handcrafted instrument malfunctions as a result of faulty materials or workmanship, Michael McBroom will repair or replace the instrument at his sole option. The following conditions are specifically excluded from the warranty:


1. Any unauthorized modifications or alterations made to the guitar.

2. Any damage caused by misuse, negligence, accident, improper use or unauthorized repair.

3. Damage caused by extremes of temperature or humidity.

4. Normal wear and tear, tonal characteristics, worn frets, worn machine heads, or finish damage caused by extreme cold or contact with plastics or solvents.


HOW TO OBTAIN WARRANTY SERVICE


Should you require warranty service for your Michael McBroom handcrafted instrument, you should contact Michael McBroom, 1702 Monarch Oaks St., Houston, TX 77055, (713) 984-1550. He will then authorize you to return the guitar to him, or to a qualified repair person in your area, at his sole option. No warranty work may be done without such authorization, and work done without authorization may void your warranty. If your guitar is sent to Michael McBroom, he will notify you of the work to be done and an approximate date of completion. If additional non-warranty work is indicated Michael McBroom will advise you. It is not necessary to purchase non-warranty work to obtain service or materials covered by this warranty. The owner is responsible for any shipping charges incurred, including excess value and shipping insurance. In the event of unexpected loss by fire, theft, or damage to your instrument while in Michael McBroom’s possession, his responsibility shall be limited to replacement with a new instrument of the same or most similar available style. No representative or other person is authorized to assume for Michael McBroom any liability except as stated in this warranty. Michael McBroom makes no other express warranty of any kind whatsoever. All implied warranties, including warranties of merchantability and fitness for a particular purpose, exceeding the duration of this warranty are hereby disclaimed and excluded from this warranty. Michael McBroom disclaims liability for any incidental or consequential damages. SOME STATES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, AND SOME STATES DO NOT ALLOW EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THESE LIMITATIONS MAY NOT APPLY TO YOU. THIS WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY HAVE OTHER RIGHTS WHICH VARY FROM STATE TO STATE.


Luthier’s offer of terms:


I, Michael McBroom, affirm that by my signature, I shall provide the services of building a custom built handcrafted guitar as stated in the above “Specifics” section, subject to the above conditions, for a total price of $1,900 (plus shipping and insurance) to (your name here).



(Signed) _______________________________________ (Date) _______________


Commissioner’s acceptance of terms


I, (your name here), affirm that by my signature, I hereby commission Michael McBroom to build a handcrafted guitar as specified in the “Specifics” section of this document, and agree to all terms specified herein.


(Signed) _______________________________________ (Date) _______________