Land of Odds - Jewelry Design Center
The Open Window Gallery - Fine Art Jewelry
|Be Dazzled Beads
The Center for Beadwork & Jewelry Arts
The Open Window Gallery
718 Thompson Lane, Ste 123
Nashville, Tennessee 37204
This agreement is made on _______________(date) between Be Dazzled Beads
and The Open Window Gallery (name of shop and Gallery), herein referred
to as “Gallery”, and _____________________________________
(jewelry artist name)
, herein referred to as “Artist”.
Whereas Artist wishes to sell finished fine art, jewelry or beaded pieces by consigning said item(s) listed on CONSIGNMENT PRODUCT LISTING SHEET attached to this Agreement to Land of Odds/Be Dazzled Beads for sale, it is understood:
That the Gallery agrees to display item(s) in a prominent place in this establishment.
That the Gallery will make every attempt to obtain the best possible price for the consigned merchandise and will accept no less than that minimum price identified by Artist on CONSIGNMENT PRODUCT LISTING SHEET.
That for the store’s efforts, the Gallery is entitled to retain 40% of the purchase price (before any sales taxes added).
After the sale of an item, the Gallery shall forward a check for the amount of the full purchase price less any sales taxes and less the aforementioned 40% to Consignee within 30 days of the receipt of same.
That Seller represents that the store is not responsible for any item that is stolen, lost or damaged, while in the Store’s possession, or after the item has been purchased by a customer and thus is no longer in the Store’s possession. The Store is not responsible for repairing any flaws inherent in construction of item(s).
That Seller represents that item(s) will not be removed from the premises for purposes of rental, installment sales or on approval sales without express permission from the Artist.
The Artist may withdraw any item(s) after contacting Warren Feld, and initializing the CONSIGNMENT PRODUCT LISTING SHEET next to the item(s) description(s).
The Artist warrants that he/she created and possesses unencumbered title to the item(s), and that their descriptions are true and accurate.
That Artist (Consignee) agrees to allow the Gallery to negotiate any price up to ___15%__ discounted off the listed retail price. If any customer wants a discount greater than 15%, the Artist will first be contacted by the Gallery on behalf of the customer to get Artist’s express permission.
That the Gallery shall collect any Tennessee sales tax due upon sale of item(s), and be responsible for remitting all sales taxes collected to the Tennessee Dept of Revenue.
The Artist is responsible for all the costs associated with shipping the item(s) to the Gallery, including packing and shipping charges, insurance costs, other handling expenses, and risk of loss or damage incurred in the delivery of item(s) from the Artist to the Gallery, and in their return to the Artist.
That should merchandise remain unsold within a timely period, the Gallery and Artist may make a new consignment agreement to continue displaying these pieces or to rotate new items in their place, per agreement with the Gallery.
The Artist shall provide informative cards with each item and which will be given to the purchaser of that item. These cards may include information about the Artist, information about the piece, it’s history and/or make-up, and a guarantee that the Artist will repair any item, for a period of up to 1 year from purchase date, should there be a flaw in the construction of the item.
Arrangements and terms for repairs of purchased items, where the damage to the item is due to the negligence of the purchaser, shall be left up to the Artist.
This agreement applies only to works consigned under this agreement and does not make the Gallery a general agent for any other works by the Artist.
The consigned works are held in trust for the Artist’s benefit and are not subject to claim by any creditors of the Gallery.
The Artist retains all copyright and reproduction rights to these item(s). The Gallery will not permit any of the works to be copied, photographed or reproduced without the Artist’s written permission.
In any proceeding to enforce any part of this Agreement, the laws of Tennessee shall apply. The Artist shall not be entitled to the payment of attorney’s fees.
Gallery Owner Signature ____________________ date: __________
Item Reference Number
WF041604.1 Description of piece (i.e., 16” necklace, 7” bracelet, dangling earrings) Primary materials and/or colors Listed Retail Price Date Consigned
[Initialed here by Artist] Date Sold and Price Sold At Date Returned
[Initialed here by Gallery]
Artists interested in displaying their pieces in The Open Window Gallery should send a minimum of 10 slides of their work to The Gallery for review. The Gallery has a panel of artists who review slides about every 2 months, and makes determinations based on (a) quality, (b) special qualities about the artist's style, (c) relationship to pieces of other artists currently on display, and (d) space availability.
Examples of the kinds of pieces The Gallery showcases:
- finished necklaces, bracelets, earrings (any medium)
- pendants (which may or may not include a cord or chain)
- bead weavings, including amulet purses and bags, tapestries, jewelry
- inlay stone or glass work
All pieces are displayed on a consignment basis. The Gallery keeps 40% of the sales price; the Artist gets 60%. Example of Standard Consignment Agreement.
LAND OF ODDS - Jewelry Design Center
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COPYRIGHT 2004 Warren S. Feld