Conditions of NFT Sales

1. Payment

a. The Buyer will be invoiced for the NFT in U.S. dollars and payment in full will be due within 24 hours of the time the invoice is sent. Please note that the Buyer may elect to make payment of the purchase price for this NFT in the cryptocurrency Ether. Payment in Ether must be made via a digital wallet transfer of Ether to Pace Gallery, in the USD equivalent at time of transfer using USD/ETH spot rate as published on (opens in a new window) https://www.coinbase.com/price/ethereum. The digital wallet must be maintained with Coinbase Custody Trust; Coinbase, Inc.; Fidelity Digital Assets Services, LLC; Gemini Trust Company, LLC; or Paxos Trust Company, LLC. Only Ether payments sent from digital wallets maintained at these platforms will be credited towards this NFT purchase, and we will not recognize payments from digital wallets hosted at other exchanges or self-hosted wallets. The digital wallet must be registered to the Buyer. The Buyer agrees, upon our request, to provide documentation confirming that the Ether payment was made from a digital wallet registered in the Buyer’s name and maintained at one of the platforms listed above. Partial payments of an NFT from multiple digital wallets will not be allowed. In addition, Pace will use the spot rate of exchange for Ether as established by Coinbase at the time of payment. Please contact Pace prior to the sale for further information relating to those digital wallets from which payment will be accepted.

b. Upon receipt of payment, Pace will initiate the NFT transfer process. Please contact Pace for further details regarding the requirements for the transfer of the NFT. The Buyer agrees to comply with the terms set forth by the platform that minted the NFT.

c. In accordance with the smart contract associated with the NFT, other than with respect to the transfer of the NFT to the Buyer, the artist/Seller who minted the NFT and the platform on which the NFT is sold may take a percent of the proceeds upon resale. Please consult the smart contract associated with the NFT for specifics.

2. Risk of Loss; Representations and Warranties

3. Tax

Unless exempted by law, the Buyer will be required to pay the local sales tax (if any) on the total purchase price. If the NFT is delivered to a buyer residing in a state where Pace is not required to collect sales tax, it is the responsibility of the Buyer to self-assess any sales or use tax and remit it to the taxing authorities in that state.

4. Buyers: By participating in the sale, the Buyer represents, warrants, and agrees that:

5. Restrictions on Use

6. Limitation of Liability

7. Miscellaneous

1. 1. The validity and interpretation of this Purchase Order and of the rights and obligations of the parties hereto shall be governed and construed according to the laws of the State of New York, without giving effect to its conflict of laws principles.
   2. No course of dealing between the parties hereto shall constitute a waiver of such term or condition, nor shall such course of dealing affect such term or condition in any way or the right of a party at any time to avail itself of such remedies as it may have for any breach of such term or condition. Should any provision of this Purchase Order be held invalid or unenforceable, the remaining terms and conditions of this Purchase Order will remain in full force and effect.
   3. The Buyer may not assign or transfer this Purchase Order without the prior written consent of Pace, and any attempt to assign this Purchase Order in violation of the forgoing shall be null and void.
   4. THIS PURCHASE ORDER CONSTITUTES THE ENTIRE AGREEMENT BETWEEN PACE AND THE BUYER WITH RESPECT TO THE SUBJECT MATTER HEREOF, AND MAY NOT BE MODIFIED EXCEPT IN A WRITING SIGNED BY AN AUTHORIZED REPRESENTATIVE OF EACH PARTY.