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.co.za Consignment Agreement 2010 v1.0

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					                                               Consignment Agreement
                                               2010 v1.0
                                              .co.za



Artist's name:_________________________________________________ Date:_____________________
address:________________________________________________________________________________
telephone:________________________________ email:________________________________________
Bank Name _______________________________ Bank Account Name : ___________________________
Branch Number : __________________________ Account Number : ______________________________


Gallery name:_________________________________ Representative : __________________________
address:________________________________________________________________________________
telephone:_______________________________ email:________________________________________
Delivery address:________________________________________________________________________




*If the Condition of the work is other than GOOD, please enter the details into a separate Condition Report.


                                                         Artist's Initials___________ Representative's Initials_______________

               ARTRIGHT is a partnership project of the WITS School of Arts, VANSA and Brendan Copestake.
  The use of this contract is at your own risk. For terms and conditions of use, please visit the website www.artright.co.za
                                                         10 | Page 1
ARTRIGHT | Consignment Agreement



1. Consignment. The Artist consigns to the Gallery the Work identified in the Schedule of Works above.
The consignment period is from ____________________ to ________________________ .


2. Prices. The Gallery shall sell the works at the retail prices shown on the Schedule of Works.
The Gallery has the right to adjust the price of works annually, with written approval from the Artist,
in line with inflation or in demand for the Artists work.
The Gallery has the right to make trade discounts to such purchasers as museums, designers and
agents.
Where a Work is discounted by the Gallery, the discount will be deducted from the Gallery's
commission.

3. Commission. The Gallery will exhibit, promote and sell the Work for the prices listed above.
The Artist will receive __________% of the retail price, after subtracting the production costs.
The production costs will be paid for by the Artist        Gallery   Split __________%
If the Artist sells the Work, the Artist will receive _______% of the retail price, after subtracting the
production cost.

4. Term and Termination. Either the Gallery or the Artist may cancel this agreement in writing to the
other party.
The agreement will then be cancelled within _______ days.
On Termination the Gallery will return any unsold work to the Artist within ______ days and
outstanding debts will be settled within _____days.
This Agreement will last for _______ years and automatically renew unless one of the parties cancels
the agreement in writing.
The Agreement shall automatically terminate with the death of the Artist or if the Gallery moves
outside of the above geographic area or if the Gallery becomes bankrupt or insolvent.

5. Payment. The Gallery will notify the Artist in writing within _______ week/s of the artwork being
sold.
The Gallery will pay the Artist in full within _______ week/s of receiving full payment from the Buyer.

6. Ownership. In the event that payment is made in instalments, ownership of the Work will only pass
from the Artist to the Buyer on receipt of full payment for each individual work.
Ownership will pass directly from the Artist to the Buyer.

7. Transport. The Artist      Gallery is responsible for the crating, transport and insurance of the
Work to the Gallery.
The Artist     Gallery is responsible for the crating, transport and insurance of the work to the Buyer.


                                                         Artist's Initials___________ Representative's Initials_______________

               ARTRIGHT is a partnership project of the WITS School of Arts, VANSA and Brendan Copestake.
  The use of this contract is at your own risk. For terms and conditions of use, please visit the website www.artright.co.za
                                                        10 | Page 2
ARTRIGHT | Consignment Agreement



8. Condition. In the absence of a Condition Report, the work will be considered to have arrived in a
good condition unless the Gallery notifies the Artist in writing within 48 hours of the work arriving at
the Gallery and vice versa.

9. Insurance. The Artist      Gallery    does     does not agree to insure the Works for all risks from
the time of transport from the Artist until the time of delivery back to the Artist for the values shown
on the Schedule of Artworks.

10. Installation. The Artist      Gallery is responsible for the installation of the Work.
The Artist      Gallery is responsible for the de-installation of the Work.
The Gallery    may    may not remove the Work from the Gallery's premises without the Artists written
persmission.


11. Copyright, Reproduction and Moral Rights. The Artist reserves all reproduction rights, including
the right to claim statutory copyright in the Work.
The Work      may      may not be photographed and used to publicise the work or the exhibition.
All approved reproductions will have the following notice: Courtesy of (Artist’s name) (Year____) and
(Gallery's Name).
The Moral Rights remain with the Artist, unless waivered.
The Gallery agrees not to intentionally destroy, alter, modify or change the Work in anyway.

12. Returns. The Gallery will return any unsold work to the Artist within _____ days of the end of the
consignment period.

13. Miscellaneous. This Agreement shall be binding on the above mentioned parties, their
representatives, heirs and successors.
This Agreement constitutes the entire understanding between the parties.
The contract can only be modified in writing and signed by both parties.
The waiver of one right is not a waiver of any other right.
The Dispute Resolution Clause ("DRC") - reproduced in full at www.artright.co.za - is incorporated into
this Agreement. The DRC outlines how disputes arising under this Agreement are governed by South
African law and shall be resolved by negotiation, failing which, mediation, failing which, arbitration.
Notwithstanding the terms of the DRC, the party making a claim may instead elect to have the dispute
resolved finally by way of litigation in the Small Claims Court ("the Court") provided the amount
claimed is within the jurisdiction of the Court.



  Artist_______________________                          Gallery Representative_______________________




               ARTRIGHT is a partnership project of the WITS School of Arts, VANSA and Brendan Copestake.
  The use of this contract is at your own risk. For terms and conditions of use, please visit the website www.artright.co.za
                                                        10 | Page 3
ARTRIGHT | Consignment Agreement



Appendix A : Schedule of Works
This is to acknowledge the receipt of the following Works of art on Consignment

Artist's name: ________________________________________________ Date:_____________________
address: ________________________________________________________________________________
telephone: _______________________________ email: _______________________________________


Gallery name: ____________________________________ Representative: _______________________
address: _______________________________________________________________________________
telephone: ______________________________ email: _______________________________________
Delivery address: _______________________________________________________________________




*If the Condition of the work is other than GOOD, please enter the details into a separate Condition Report.
Ownership of the Works remains with the Artist until payment is received in full.
Copyright remains with the Artist, unless otherwise expressed in writing.
This Schedule is an Appendix to the Consignment Agreement.



  Artist ______________________________                   Gallery Representative __________________________

     ARTRIGHT is a partnership project of the WITS School of Arts, the Visual Arts Network of South Africa and (Brendan
                Copestake). For the terms and conditions of use, please visit the website www.artright.co.za
                                                       10 | Page 4

				
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