Sales Agreement:
“Agreement” means this agreement and any schedules, exhibits, addenda, written amendments
or appendices attached to it.
“Work” means the work or works of art described in Schedule “A” attached to and forming
part of this Agreement, but does not include the copyright in the work or works so described.
1. Work Sold - Sales Agreement
1.1 The Artist agrees to sell and the Purchaser agrees to buy the Work.
2. Price of the Work
2.1 The Artist agrees to sell and the Purchaser agrees to buy the Work.The price of the work is to be negotiated with applicable VAT 7% / 19% andShipping / Handling. Once prices are negotiated and subsequent signing of the Sales Agreement the Purchaser agrees to pay the total amount payable to the artist prior to shipment or delivery of the work.
2.2 All sales are considered final up signing of a purchase agreement.
2.3. All unpackaged works of art and/or installed works of art are considered sold and therefore non-returnable and non-refundable.
3. Copyright Agreement
3.1 The Artist warrants that he or she is the owner of the copyright in the Work.
Copyright is retained by the Artist and has not been assigned.
3.2 All moral rights in the Work are retained by the Artist and have not been
waived.
3.3 A valid copyright notice (as required by the Universal Convention) has been
placed on the Work which is visible and legible upon reasonable inspection.
3.4 Before reproducing, publishing or exhibiting the Work in public, the Purchaser
shall obtain the written consent of the Artist.
4. Receipt
4.1 A copy of this Agreement shall be the receipt for the Purchaser for this sales
transaction.
5. Liability
5.1 All liability for the Work is transferred to the Purchaser upon signing of this Agreement.
6. Non destruction
6.1 The Purchaser shall not distort, mutilate, modify or destroy the Work without the prior
written consent of the Artist.
7. Restoration and Repair
7.1 The Purchaser will use its best efforts to maintain, restore and preserve the Work
and will bear responsibility and costs for same.
7.2 If any restoration or preservation of the Work is required that affects the artistic
integrity of the Work, the Purchaser agrees to contact and consult with the Artist before
effecting any restoration or preservation, and to give the Artist the first opportunity to
carry out such restoration or preservation.
7.3 Should the Artist be unavailable, unwilling or unable to carry out such restoration
or preservation, the Purchaser shall make all reasonable efforts to maintain the artistic
integrity of the Work in any restoration or preservation it undertakes.
8. Transfer of title
8.1 Title in the work remains with the Artist until all amounts the Purchaser is obligated to
pay under this Agreement have been paid in full to the Artist at which time title shall
pass to the Purchaser.
9. Right to Exhibit
9.1 The Artist retains the right to exhibit the Work for up to sixty (60) days, once every
five (5) years (from the date of the signing of this Agreement), at no expense to the
Purchaser. The Artist shall give written notice no later than one hundred and twenty
(120) days prior to the opening and provide proof of insurance and prepaid
transportation of the Work to and from the showing.
10. Acknowledgment
The Purchaser acknowledges receipt of a copy of signed Sales Agreement(s).
The Purchaser acknowledges that this sale is final upson signing of this Agreement.
11. No Warranties
11.1 There are no warranties, conditions or agreements, express or implied, statutory or
otherwise, affecting the Work or affecting the rights of the parties to this Agreement,
nor is there any agreement supported by this Agreement other than as specifically
contained herein. There are no representations whatever on the part of the Artist which
induced or support this Agreement.