CONSIGNMENT FOR SALE AGREEMENT FOR THE 2015 HEDLAND ART AWARDS BETWEEN: (Company/Entity Name) t/as ABN: Of (business address) GST REGISTERED YES NO And PORT HEDLAND COURTHOUSE GALLERY Of Port Hedland, Western Australia, 6721 By which we agree to carry out all the arrangements related to this contract on the following terms: 1. RETAIL VENUE 1.1 Display for sale of the ARTIST S original works (ARTWORK) will be at the PORT HEDLAND COURTHOUSE GALLERY at, Port Hedland, Western Australia for the duration of the 2014 Hedland Art Awards. 1.2 The PORT HEDLAND COURTHOUSE GALLERY and the Hedland Art Awards are both managed and operated by FORM Contemporary Craft and Design Inc, a not-for-profit arts organisation based in Perth. 2. SCOPE & PERIOD OF CONSIGNMENT
2.1 All goods received from the ARITST as stated on the Hedland Art Awards entry form shall be the original work of the ARTIST and will be covered by the terms and conditions of this contract. 2.2 The art work will be consigned for sale for the duration of the exhibition. 2.3 With the ARTIST S agreement, PORT HEDLAND COURTHOUSE GALLERY has the option to renew consigned goods remaining unsold at the end of the exhibition period to be included in a new period of consignment. The ARTIST will be advised in writing of the intent by PORT HEDLAND COURTHOUSE GALLERY to renew or return consignment goods two weeks prior to the end of a current consignment period. 3. RETAIL PRICE & COSTS OF SALE 3.1 The ARTIST will provide a COST PRICE exclusive of GST for each of the works to be consigned as stated on Hedland Art Awards Entry Form. 3.2 Retail Price and the GST: The retail price of consigned goods will include a 33.3% commission and will include a GST of 10%. 4. PAYMENT 4.1. PORT HEDLAND COURTHOUSE GALLERY will pay the ARTIST the cost price of sold ARTWORK plus 10% GST if the ARTIST is GST registered. 4.2. Payment by PORT HEDLAND COURTHOUSE GALLERY to the ARTIST for works sold shall be via cheque made out to the ARTIST and delivered by ordinary post. Payment can also be made by Direct Deposit to ARTIST s bank account if details are provided (See Attachment A). Payment shall be deposited/ posted by the 16th day of the following month after the exhibition of the Hedland Art Awards has finished. 4.3. PORT HEDLAND COURTHOUSE GALLERY will issue a Recipient Generated Tax Invoice on behalf of the ARTIST in respect of each sale of consigned works. 5. TRANSPORTATION & GOODS DAMAGED IN TRANSIT 5.1. Transportation of Goods:
5.1.1. Works must be delivered to the PORT HEDLAND COURTHOUSE GALLERY by the arranged time. Late deliveries will not be accepted. All posted artwork is to be clearly marked. The gallery cannot arrange pick up of the artwork. The ARTIST is solely responsible for the delivery and collection of works to and from the gallery, as well the insurance of works whilst in transit. The PORT HEDLAND COURTHOUSE GALLERY and FORM are not liable for any costs associated with damage incurred to the works while the works are in transit. 5.1.2. All unsold works must be collected at the arranged date. Refer to the Hedland Art Awards conditions of entry. 5.1.3. Should someone other than the artist be collecting a piece on the artists behalf, please ensure they present a signed statement of release by the owner to pick up the work. 5.2. Storage 5.2.1. All care will be taken in the handling of artworks but neither the PORT HEDLAND COURTHOUSE GALLERY nor FORM will accept responsibility for any damage work. 5.2.2. If the work is not able to be returned to the ARTIST for any reason within two (2) weeks after the cessation of the consignment period and no alternative arrangements have been negotiated, PORT HEDLAND COURTHOUSE GALLERY may, after having made all reasonable efforts to locate the ARTIST and return the work, may retain possession of the Artwork. 6. PRESENTATION 6.1. PORT HEDLAND COURTHOUSE GALLERY shall use its best endeavours to ensure that the work is displayed in a manner that is fair, accessible to the public and sympathetic to the work s context. However, all works may not be displayed to the artist satisfaction. Refer to the Hedland Art Awards Conditions of Entry. 6.2. All pieces must be presented for display with suitable devices to enable the piece to be hung as indicated in the Hanging Presentation Guidelines document which is available from the PORT HEDLAND COURTHOUSE GALLERY website: www.courthousegallery.com.au
6.3. PORT HEDLAND COURTHOUSE GALLERY shall have total discretion in the presentation, display and selection of artworks. This may include the rotation of stock on and off the floor over the consignment period. 6.4. PORT HEDLAND COURTHOUSE GALLERY will follow all packing instructions provided by the ARTIST. 6.5. PORT HEDLAND COURTHOUSE GALLERY will ensure that such packing, installation, repacking and transport are carried out by suitably qualified personnel. 7. SALE OF WORK 7.1. Sale Price: All exhibited works are to be for sale. A commission of 33.3% (ex GST) will apply. The PORT HEDLAND COURTHOUSE GALLERY will add its commission plus GST to the price supplied by the artist. GST is charged on the commission even when the artist is not registered to collect GST. 7.2. Statement of Supplier: If the ARTIST is not registered for GST and does not hold an ABN they must submit, along with this agreement, a Statement of Supplier form to the PORT HEDLAND COURTHOUSE GALLERY. 7.3. Trading Hours: PORT HEDLAND COURTHOUSE GALLERY reserves the right to vary trading hours without prior notice to the ARTIST. 7.4. Full Payment of Purchase Price: Title to goods will not pass to the Purchaser and works will not be handed to the Purchaser unless full payment has been made to PORT HEDLAND COURTHOUSE GALLERY. 7.5. Discount: PORT HEDLAND COURTHOUSE GALLERY reserves the right to sell any goods at a discount to Corporate Customers, Members of PORT HEDLAND COURTHOUSE GALLERY, and any other individual or group. Discount will be taken off PORT HEDLAND COURTHOUSE GALLERY S profit margin only, and will not be taken off the cost price. 7.6. Works on Approval: Other than in the case of proposed purchases by public collections, PORT HEDLAND COURTHOUSE GALLERY will not hold works on approval for purchase for longer than 24 hours.
8. COLLECTION OF UNSOLD GOODS 8.1 If arrangements for transportation of unsold goods that are not to be reconsigned is not finalised within two weeks after the cessation of the current consignment period, PORT HEDLAND COURTHOUSE GALLERY may, after having made all reasonable efforts to locate the ARTIST and return the work, retain ownership over the artwork. 9. INSURANCE PORT HEDLAND COURTHOUSE GALLERY is insured for theft and vandalism resulting from forced entry burglary and damage resulting from fire. Any ARTIST who wishes to insure their goods for any other risks should make personal arrangements with their insurer at their own cost. 10. PORT HEDLAND COURTHOUSE GALLERY S DUTY OF CARE 10.1. PORT HEDLAND COURTHOUSE GALLERY acknowledges that the work consigned always remains the property of the ARTIST until sold and will handle the work with special care at all times to prevent damage and deterioration to the work which is not characteristic of the work. 10.2. PORT HEDLAND COURTHOUSE GALLERY will ensure the safe protection of the work at all times including but not limited to, protection from hazards of fire, flood, dirt, food, smoking or handling by unauthorised or inexperienced personnel, including members of the public. This does not include normal wear and tear. 10.3. PORT HEDLAND COURTHOUSE GALLERY will provide a basic minimum security arrangement which includes: a staff member present while the works are accessible to the public 11. INTEGRITY OF THE WORK 11.1 PORT HEDLAND COURTHOUSE GALLERY will not alter, modify or destroy nor do anything that might adversely affect the quality and condition of the work, either individually or collectively. 11.2 PORT HEDLAND COURTHOUSE GALLERY reserves the right to present for retail sale works from different ARTISTS which are similar in design, nature or process.
12. COPYRIGHT, PUBLICITY & PROMOTION 12.1 The ARTIST retains copyright in the works submitted to the Hedland Art Awards. The PORT HEDLAND COURTHOUSE GALLERY will make its best efforts to attribute the artist to the work wherever possible. 12.2 Artists whose work is selected for exhibition in the HAA (exhibiting artists) grant the PHCH and FORM a non-exclusive, non-transferable license for 5-10 years, to reproduce the submitted work in photographic form and publish and or communicate that reproduction for the promotion and or publicity of the Hedland Art Awards, the PORT HEDLAND COURTHOUSE GALLERY and FORM. 12.3 Only low resolution reproductions of the submitted work of exhibiting artists will be communicated for promotion and or publicity of the HEDLAND ART AWARDS, the PORT HEDLAND COURTHOUSE GALLERY and FORM websites and online including social media sites in order to reduce the risk of unauthorised reproduction. 12.4 If requested, the ARTIST will provide PORT HEDLAND COURTHOUSE GALLERY with any information, including the ARTIST'S biography or artist's statement, which may assist PORT HEDLAND COURTHOUSE GALLERY in the promotion and publicity of the ARTIST S work. 13. ALTERATIONS TO THE AGREEMENT 13.1 This agreement constitutes the entire understanding between the parties. Any changes must be in writing and signed by both parties. 13.2 If there are any inconsistencies between this consignment agreement and the HAA Condition of Entry then the terms of this consignment agreement will prevail.
SIGNED BY FOR AND ON BEHALF OF THE ARTIST Artist Representative Signature DATE Witness Name (Print) SIGNED FOR AND ON BEHALF OF PORT HEDLAND COURTHOUSE GALLERY _ Signature DATE Witness Name (Print)
CONSIGNMENT AGREEMENT Attachment A ARTIST Details Name / Organisation: ABN: GST REGISTERED YES NO (please tick) Contact Name: Position: Address: Telephone: Fax: Email: Bank Details (for electronic remittance) Account Name: Bank: Branch: BSB: Account Number: