RETAIL CONSIGNMENT AGREEMENT
1412 E. 48TH STREET
SAVANNAH, GA 31404
RETAILER: (Name, Person of Contact, Address, and Telephone number):
Hereby enter into the following Agreement:
1. Agency; Purposes. The Agency appoints the Retailer as agent for the works of art ("the Artworks") consigned under this Agreement, for the purposes of exhibition and sale. The Retailer shall not permit the Artworks to be used for any other purposes without the written consent of the Agency. This agreement applies only to works consigned under this Agreement and does not make the Retailer a general agent for any other works.
2. Representation. The Agency hereby appoints the Retailer as their representation to sell or otherwise make available for acquisition to the public, the Artworks. It is prohibited to circumvent the agency and contact the artist directly during the term set forth on the Agency's website.
3. Consignment. The Agency hereby consigns to the Retailer, and the Retailer accepts on consignment, those Artworks listed on the attached Inventory Sheet which is a part of this Agreement. Additional Inventory Sheets may be incorporated into this Agreement at such time as both parties agree to the consignment of other works of art. All Inventory Sheets shall be signed by Agency and Retailer.
4. Authority of Accepted Works. Works of art may be accepted for consignment only by any person designated by either of them in writing as authorized to accept works of art here under. The Retailer may reject artworks at the owner’s discretion upon delivery prior to signing of this agreement.
5. Warranty. The Agency hereby warrants that he/she possesses unencumbered title to the Artworks, and that their descriptions are true and accurate.
6. Duration of Consignment. The Agency and Retailer agree that the initial term of consignment for the Artworks is to be a term of 30, 60, or 90 days as stated in writing below, and that the Agency does not intend to request their return before the end of this term. Thereafter, consignment shall continue until the Agency requests the return of any or all of the Artworks or the Retailer requests that the Agency take back any or all of the Artworks. This request may be made in writing via the Agency website email. The Retailer must keep each Artwork for a minimum of 30 days prior to making such request. At the end of initial term, Retailer has the right to extend term in 30-day increments at discretion of the Agency.
7. Transportation Responsibilities. Packing and delivery charges, insurance costs, other handling expenses, and risk of loss or damage incurred in the delivery of Artworks from the Agency to the Retailer are the responsibility of the Agency. Packing and shipping charges, insurance costs, other handling expenses, and risk of loss or damage incurred in the delivery of Artworks from the Retailer to the Buyer shall be the responsibility of the Retailer.
8. Responsibility for Loss or Damage, Insurance Coverage. The Retailer shall be responsible for the safekeeping of all consigned Artworks while they are in its custody. The Retailer shall be strictly liable to the Agency for their loss or damage (except for damage resulting from flaws inherent in the Artworks), to the full amount the Agency would have received from the Retailer if the Artworks had been sold. The Retailer shall provide the Agency with all relevant information about its insurance coverage for the Artworks if the Agency requests this information. Exceptions to this are at the discretion of the Agency.
9. Fiduciary Responsibilities. Title to each of the Artworks remains with the Agency until the Agency has been paid the full amount owing him or her for the Artworks; title then passes directly to the Buyer. All proceeds from the sale of the Artworks shall be held in trust for the Agency and paid to the Agency within 3 business days of said sale. The Retailer shall pay all amounts due the Agency before any proceeds of sales can be made available to creditors of the Retailer. Said payments will be made through payment methods as outlined below.
10. Notice of Sale. The Retailer shall give notice, by means of a clear and conspicuous sign in full public view that certain works of art are being sold. Tags containing information for title, medium, and artist will be supplied by the Agency. It is the responsibility of the Retailer to make final pricing information available to the Buyer.
11. Removal from Retailer. The Retailer shall not lend out or remove from the premises any of the Artworks, without first obtaining written permission from the Agency.
12. Pricing; Retailers Commission; Terms of Payment. The Retailer shall sell the Artworks at the price of their choosing and are responsible for the mark-up they wish to put on said Artworks. The Retailer and the Agency agree that the Retailer’s profit is to be based on said mark-up of Artworks. Amount due upon sale of said Artworks are outlined below. Payment to the Agency shall be made by the Retailer within 3 days of the sale of said Artworks. The Retailer assumes full risk for the failure to pay on the part of any Buyer to whom it has sold an Artwork.
13. Framing. If the Retailer will be framing the Artwork, the Retailer and the Artist agree that the Retailer’s expense will be factored into the mark-up price set by the Retailer and full compensation for framing will be given to the Retailer upon the sale of Artwork. Should the Artwork be returned to the Agency as outlined in this agreement, the Retailer understands that they will not be compensated for cost of framing.
14. Promotion. The Retailer shall use its best efforts to promote the sale of the Artworks. Retailer agrees to provide adequate display of the Artworks. Retailer shall identify clearly all Artworks with the Artist's tag supplied by the Agency. This tag is to be included with the sale of each of the Artworks. In turn, the Agency will continue to market said Artworks via the website, social media, and word of mouth as the Agency see’s fit. The Agency will note the name and location of Retailer along with details and photos of said Artworks on the Agency website. The Agency shall agree in advance, and in writing, on the division of artistic control and of financial responsibility for expenses incurred in the Retailer’s exhibitions and other promotional activities undertaken on the Agency’s behalf.
15. Reproduction. The Retailer will not permit any of the Artworks to be copied, photographed or reproduced without the written permission of the Agency.
16. Accounting. A statement of accounts for all sales of the Artworks shall be furnished by the Retailer to the Agency within 3 business days of the sale of said Artworks, along with the payment due. The Agency shall have the right to inventory Artworks at Retailer’s location and to inspect any books and records pertaining to sales of the Artworks.
17. Termination of Agreement. Notwithstanding any other provision of this Agreement, this Agreement may be terminated at any time by either the Retailer or the Artist, by giving a thirty (30) day written notification of termination from either party to the other. In the event of the death of Retailer or Agency, either 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 the Retailer to the Agency.
18. Procedures for Modification. Amendments to this Agreement must be signed by both the Agency and Retailer and attached to this Agreement. Both parties must initial any deletions made on this form and any additional provisions written onto it.
19. Miscellany. This Agreement represents the entire agreement between the Agency and Retailer. 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 the Retailer, whether by operation of law or otherwise, without the prior written consent of the Agency. In any proceeding to enforce any part of this contract, the aggrieved party shall be entitled to reasonable attorney's fees in addition to any available remedy.
20. Choice of Law. This Agreement shall be governed by the law of the State of Georgia.
Length of Contract
From: __________________________To: _________________________
Consented and agreed to: Agency
Initial: _______/Date: _______________________________
Consented and agreed to: Retailer
Initial: _______/Date: _______________________________
Consignment Agreement Artworks List
Title Medium Dimensions Price Term
Signature: _____________________________________________Date: __________________
Owner: _______________________________________________Date: __________________
Payment: Payment for sold Artworks will be made within 3 days of sale via (Circle and initial by desired form of payment):
Check via mail
1412 E. 48th Street
Savannah, GA 31404