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Sample Consignment Contract
Note
The first part of the contract should clearly state who the people are that
are making an agreement
This is an Agreement between ...........................................................
(The consignor, artist, crafts person, art centre, consignee
or some abbreviation of a company name)
and..............................................................................................
(The consignee, gallery, agent or abbreviation of company
name)
Note
People signing a contract need to be authorised to do so. A person can sign
a contract for themselves. Directors or executive can sign for a company,
incorporated association or
community council.
This contract model is just an example of some of the things
that need to be included in contracts. Not all of them might
be relevant and some of them might need to be changed.
1. How Long (Period of consignment)
a. The period of this consignment shall be.....................
months. or
The period of this consignment will be until 00/00/00.
b. After this time all unsold works will be returned to
the Consignor. or
Note
After this time a new Consignment Agreement will need to be made if the Gallery
wishes to keep some works for a longer period.
2. How Much (Price/s)
The retail price of work/s will be determined by the Consignor
in consultation with the Gallery.
The Gallery will receive .................(40%?) of the
retail price upon sale of the work as commission.
The Gallery shall send a copy of the price list to the Consignor
seven (7?) days before the consigned stock goes on sale.
The Gallery is not to alter the recommended retail price
in any way without the written consent of the Consignor.
Gallery Sales
a. No contract for sale of works will be made unless either
i. the full purchase price is paid
ii. a deposit of......... (20%) is paid
No sold notice or sticker will be attached to the work unless
a contract for sale has been made.
b. It is agreed that any default of a purchaser will be
borne solely by the Gallery.
c. No discounts shall be entered into.
Payment
On outright sales the Gallery shall pay the Consignor the
retail price less ......(40%) commission.
Payment in advance - The Gallery will pay a deposit of .......(25%)
of the total wholesale value of the consignment upon acceptance
of the works for sale.
Rejection period - the Gallery can return the paintings
within 14 days of delivery at the expense of the Consignee.
On outright sales, the Gallery shall pay the Consignor ......(60%
) of the retail price within ......................(7,14,30)
days.
Statements
At the end of every month, the Gallery will provide the
Consignor with a written statement of current stock levels.
If any works have been sold, a financial statement covering
sales, and names of the purchasers must be included. All
correspondence shall use the catalogue number, artist/s's
name, painting title and size, as supplied by the Consignor.
3. Venue - where the works can be kept
The consignment stock shall be held at the Gallery only.
No artwork is to be moved, apart from sales to clients or
upon return to the Consignor, to any other location without
written consent from the Consignor.
4. Agency
The Consignor appoints the Gallery as their agent for the
purposes of sale of the consigned works in the attached schedule
of works.
This agreement does not make the Gallery an exclusive agent
for any other works in any other venues.
5. The Gallery's Responsibilities - what the gallery will
do for you
Insurance
The Gallery will send notification to the Consignor upon
receipt of art and crafts in good condition. Any damage must
be reported at this stage.
The Gallery will insure the consigned works against loss,
theft, damage and destruction while on the premises of the
Gallery, during delivery to a purchase and while being returned
to the consignor.
The Gallery will be liable for the loss or damage of any
consigned work from the time of delivery until the work is
returned to the Consignor or delivered to a purchaser.
In the event of loss or damage that cannot be restored,
the Consignor shall receive the full wholesale price (60%
of the retail price) within ...........(7, 14,30) days.
The Gallery will ensure that the works are adequately packaged
for transport back to the Consignor
The gallery will ensure that adequate security against loss,
theft, damage and destruction is provided throughout the
period of consignment, until the work is returned to the
Consignor or delivered to a purchaser.
If restoration is undertaken, the Consignor will have the
right to repair or restore the work for a proper fee or the
power of veto over the choice of restorer, which power is
not to be exercised unreasonably.
Publicity and Promotion
The Gallery will be responsible for any costs involved in
the exhibition, promotion and sale of the works for the period
of the consignment.
The Gallery will consult with the Consignor regarding those
works which may be used to publicise the Gallery and / or
the Consignor. Copyright clearance by the artist will be
arranged prior to the production of any publicity material.
The Gallery will consult with the Consignor regarding all
promotional material supporting the Gallery. This may include
the exhibition catalogue, opening invitations, advertisements,
fliers, handbills, posters, media releases.
The Gallery will ensure that the Consignor is appropriately
identified on all promotional material associated with the
consigned works. This may include the exhibition catalogue,
opening invitations, advertisements, fliers, handbills, posters,
media releases. Original documentation, provided by the Consignor,
will be displayed appropriately and will not be altered by
the Gallery.
The Gallery will supply the Consignor with copies of all
advertisements, fliers, media releases, newspaper clippings,
photos, reviews etc. for their records.
6. Expenses
No costs will be incurred by either party in the name of
the other party, without written consent from the party liable
for the costs.
The Gallery will pay for the following costs:
Advertising and public relations
Printing catalogues
Postage
Insurance of the works in their care
Freight of art work from gallery to clients
Insurance of unsold art works en route to the Consignor
Hanging costs, framing, stretching
Framing and Stretching
No consigned works are to be stretched or framed without
the consent of the Consignor.
If the works do need to be stretched or framed:
The Gallery will pay for the stretching and framing of all
works. The cost of this will be added to the recommended
retail price and can be kept by the gallery upon sale of
the artwork. A financial statement of the costs incurred
for stretching and framing the consigned works will be sent
to the Consignor.
or
The costs of stretching (and framing) are to be paid for
by the gallery out of their 40% commission. (Framing is always
a contentious issue because of the expense)
The Gallery is to ensure the Consignor's catalogue number,
artists's name, painting title and size is entered on the
back of the frame.
If, at the end of the consignment period the Consignor wishes
to have the work returned, it must be done so in its original
condition. The Gallery shall be responsible for any associated
costs.
If the works are already stretched or framed by the Consignor,
they are not to be unstretched or have their frames removed
without the written consent of the Consignor.
Consignor's Responsibilities - What the art centre will
do for the gallery and what it will pay for
The Consignor will ensure that the work presented for consignment
is an original work of the artist/s.
Provide biographical details, documentation and authentication.
Provide a list of works with catalogue numbers, names of
artists and titles of works as well as the recommended retail
price or the wholesale prices to be returned to the Consignor.
The Consignor will be responsible for all costs associated
with:
all art works
documentation and authentication
Freight of works to the Gallery
Insurance of the work en route to the Gallery
7. Copyright
Copyright in the works remains the property of the artist/s
and such rights shall not be sold, licensed or otherwise
dealt with by the Gallery without the written authorisation
of the artist or their agent.
8. Contract Alteration
This agreement constitutes the entire understanding of the
parties. It cannot be changed without the written permission
of both parties.
9. Disputes
Should any disputes arise concerning any matter referred
to in this contract, the dispute will be referred to the
arbitration of ..................................... by both
parties.
Signed
Dated on the....................................................
(For and on behalf of the Consignor)
Signed
Dated the....................................................
(For and on behalf of the Gallery) |
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