Consignment Agreement

Please read, understand and agree to the following terms and conditions.

You only need to sign this agreement once, this will cover all sales with us. Thank you.

Agency; Purposes.
The Artist appoints Art in East Anglia Ltd. as agent for the works of art (“the Artworks”) consigned under this Agreement, for the purposes of exhibition and sale. Art in East Anglia Ltd. shall not permit the Artworks to be used for any other purposes without the written consent of the Artist. This agreement applies only to works consigned under this Agreement and does not make Art in East Anglia Ltd. a general agent for any other works.

Consignment.
The Artist hereby consigns to Art in East Anglia Ltd., and Art in East Anglia Ltd. accepts on consignment, those Artworks submitted via the Artwork for Sale Submission form on this website and in person at the gallery. Additional Artworks may be incorporated into this Agreement at such time as both parties agree to the consignment of other works of art.

Authority of Accepted Artist’s Works.
Works of art may be accepted for consignment only by or by any person designated by either of them in writing as authorised to accept works of art hereunder. Art in East Anglia Ltd. may reject artworks at the Owners discretion.

Warranty.
The Artist hereby warrants that he/she created and possesses unencumbered title to the Artworks, and that their descriptions are true and accurate.

Duration of Consignment – Gallery.
The Artist and Art in East Anglia Ltd. agree that the initial term of consignment for the Artwork/s is to be 3 months, and that the Artist does not intend to request their return before the end of this term. Thereafter, consignment shall continue until the Artist requests the return of any or all of the Artworks or Art in East Anglia Ltd. requests that the Artist take back any or all of the Artwork/s with which request the other party shall comply within 30 days.

Transportation Responsibilities
Packing and shipping charges, insurance costs, other handling expenses, and risk of loss or damage incurred in the delivery of Artworks from the Artist to Art in East Anglia Ltd. are the responsibility of the Artist. Packing and shipping charges, insurance costs, other handling expenses, and risk of loss or damage incurred in the delivery of Artworks from Art in East Anglia Ltd. to the Artist, shall be the responsibility of Art in East Anglia Ltd.. Packing and shipping charges, insurance costs, other handling expenses, and risk of loss or damage incurred in the delivery of Artworks from Art in East Anglia Ltd. to the purchaser, shall be the responsibility of Art in East Anglia Ltd..

Responsibility for Loss or Damage, Insurance Coverage.
Art in East Anglia Ltd. shall be responsible for the safekeeping of all consigned Artworks while they are in its custody. Art in East Anglia Ltd. shall be strictly liable to the Artist for their loss or damage (except for damage resulting from flaws inherent in the Artworks), to the full amount the Artist would have received from Art in East Anglia Ltd. if the Artworks had been sold. Art in East Anglia Ltd. shall provide the Artist with all relevant information about its insurance coverage for the Artworks if the Artist requests this information.

Fiduciary Responsibilities.
Title to each of the Artworks remains with the Artist until the Artist has been paid the full amount owing him or her for the Artworks; title then passes directly to the purchaser. All proceeds from the sale of the Artworks shall be held in trust for the Artist. Art in East Anglia Ltd. shall pay all amounts due the Artist before any proceeds of sales can be made available to creditors of Art in East Anglia Ltd..

Responsibility for Loss or Damage, Insurance Coverage.
Art in East Anglia Ltd. shall be responsible for the safekeeping of all consigned Artworks while they are in its custody. Art in East Anglia Ltd. shall be strictly liable to the Artist for their loss or damage (except for damage resulting from flaws inherent in the Artworks), to the full amount the Artist would have received from Art in East Anglia Ltd. if the Artworks had been sold. Art in East Anglia Ltd. shall provide the Artist with all relevant information about its insurance coverage for the Artworks if the Artist requests this information.

Notice of Consignment.
Art in East Anglia Ltd. shall give notice on request that certain works of art are being sold subject to a contract of consignment.

Removal from Gallery.
Art in East Anglia Ltd. shall not lend out, remove from the premises, or sell on approval any of the Artworks, without first obtaining written permission from the Artist.

Pricing; Gallery’s Commission; Terms of Payment.
Art in East Anglia Ltd. shall sell the Artworks only at the Retail Price specified on the Artwork for Sale Submission Form. Art in East Anglia Ltd. and the Artist agree that Art in East Anglia Ltd.’s commission is to be 40% percent of the Retail Price of the Artwork for regular AiEA members and 35% for The Artist’s Circle members. Any change in the Retail Price, or in Art in East Anglia Ltd.’s commission, must be agreed to in advance by the Artist and Art in East Anglia Ltd.. Payment to the Artist shall be made by Art in East Anglia Ltd. 30 days after sale, and will include all commissions due for any/all artworks sold. Art in East Anglia Ltd. assumes full risk for the failure to pay on the part of any purchaser to whom it has sold an Artwork.

Framing.
If Art in East Anglia Ltd. will be framing the Artwork, Art in East Anglia Ltd. and the Artist agree that Art in East Anglia Ltd.’s expense will be factored into the retail price and full compensation for framing will be given to Art in East Anglia Ltd. upon the sale of Artwork. Should the Artwork be returned to the Artist as outlined in this agreement, the Artist and Art in East Anglia Ltd. are equally responsible for the wholesale cost of the framing expense.

Promotion.
Art in East Anglia Ltd. shall use its best efforts to promote the sale of the Artworks. Art in East Anglia Ltd. agrees to provide adequate display of the Artworks, and to undertake other promotional activities on the Artist’s behalf. Art in East Anglia Ltd. shall identify clearly all Artworks with the Artist’s name, and the Artist’s name shall be included on the invoice of each of the Artworks. Art in East Anglia Ltd. and the Artist shall agree in advance on the division of artistic control and of financial responsibility for expenses incurred in Art in East Anglia Ltd.’s exhibitions and other promotional activities undertaken on the Artist’s behalf. Artist will supply full name, address and contact details on the back of the Artwork.

Reproduction.
The Artist reserves all rights to the reproduction of the Artworks except as noted in writing to the contrary. Art in East Anglia Ltd. will not permit any of the Artworks to be copied, photographed or reproduced without the written permission of the Artist. The Artist permits Art in East Anglia the use of digital images of the artworks for promotional purposes. In every instance of such use, the Artist shall be acknowledged as the creator and copyright owner of the Artwork. Art in East Anglia Ltd. shall include on each invoice of any Artwork the following: “All rights to reproduction of the work(s) of art identified herein are retained by the Artist.”

Accounting.
A statement of accounts for any sales of the Artworks shall be furnished by Art in East Anglia Ltd. to the Artist on request.

Termination of Agreement.
Notwithstanding any other provision of this Agreement, this Agreement may be terminated at any time by either Art in East Anglia Ltd. or the Artist, by giving a thirty (30) day written notification of termination from either party to the other. In the event of the Artist’s death, the estate of the Artist shall have the right to terminate the Agreement. Within thirty days of the notification of termination, all accounts shall be settled and all unsold Artworks shall be returned by Art in East Anglia Ltd..

Procedures for Modification.
Amendments to this Agreement must be signed by both Artist and Gallery and attached digitally to this Agreement and Artist record. Both parties must initial any deletions made on this form and any additional provisions written onto it.

Miscellany.
This Agreement represents the entire agreement between the Artist and Art in East Anglia Ltd.. If any part of this Agreement is held to be illegal, void, or unenforceable for any reason, such holding shall not affect the validity and enforceability of any other part. A waiver of any breach of any of the provisions of this Agreement shall not be construed as a continuing waiver of other breaches of the same provision or other provisions hereof. This Agreement shall not be assigned, nor shall it inure to the benefit of the successors of Art in East Anglia Ltd., whether by operation of law or otherwise, without the prior written consent of the Artist. In any proceeding to enforce any part of this contract, the aggrieved party shall be entitled to reasonable solicitor’s fees in addition to any available remedy.

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