Artist Consignment terms and conditions

Please use this form to supply information for the consignment of work for the Artosaurus shop, or as part of group exhibitions.

These terms and conditions sets out the agreement between Artosaurus and its representatives and you, the artist.  

If you need help completing a submission please make an appointment to work with us to complete the information required.

1. Duration of Consignment
If submitted for consignment in the Artosaurus shop the work will be displayed as a fluid group exhibition of the Artist's original works and shall be held by Artosaurus, for a period not more than 6 months from the date of delivery. Fluid means that as one piece of art sells and is paid for in full, it will be removed from display and replaced with another. 

If submitted as part of a curated Artosaurus group exhibition or an invited group or solo exhibition dates for delivery, opening and collection will be agreed upon. Exhibitions are approximately 3 weeks unless an extended duration is negotiated.

During this time Artosaurus retains the rights to continue to offer for sale all unsold works via their website. The Gallery does not have the capacity to hold works after the exhibition dates, and thus the Gallery requests that the Artist take back all unsold artworks at the conclusion of the exhibition or the consignment period. 

Either party may choose to end the consignment agreement at any point in time with a suitable period of notice considered to be one week.

3. Scope of Agency 

a. The Artist appoints the Gallery as his/her agent for the purpose of exhibition and sale of the consigned works listed in this agreement. This appointment applies only to the works consigned and does not make the Gallery a general agent for any other works.
b. The Gallery will have exclusive rights to all exhibited works during the exhibition period, and sales of such works will not be sold anywhere else, physically, or online. The Gallery does not ask for any specific continuing rights to the sale of the work but does ask that the artists do not enter into any private agreements to sell work that could be construed as stemming from an exhibition at Artosaurus. For example, don’t take back your work to sell it to Uncle Bob for the wholesale price, but all’s fine if you give it to him.

4. Delivery of Works 

The responsibility for and cost of packing, insurance, and transport to and from the Gallery will be borne by the Artist. All consigned works delivered must be accompanied by the relevant "Consignment List' as provided by Artosaurus and included as part of this agreement. 

5. Preparation of exhibition 

A range of hanging wires and rails, and plinths necessary for the hanging and display of the exhibition will be provided by Artosaurus. Artwork should be delivered ready to install supplied with all necessary requirements for installation. Any additional specialized mounting accessories or displays required for the exhibition will be provided and paid for by the Artist. 

6. Prior Sample 

All consigned artwork to be exhibited must be as approved in consultation with Artosaurus and be true to any/all works put forth as representative prior samples. The Gallery reserves the right to disallow any unapproved works if they are deemed to not fit the style of what was agreed upon. 

 7. Title/Ownership of Consigned Products

Artosaurus will receive, hold, present for sale, and exercise reasonable care for all consigned products/artworks delivered, though all items will remain the sole property of the Artist. All rights, title and interest to the consigned products/artworks remain with the Artist until the products are sold to the purchaser. Copyright remains with the artist unless specifically transferred.  The artist agrees to a non-commercial limited license agreement with Artosaurus solely for reproduction of works for promotional and archival purposes, this includes printed invitations, e-invites, social media marketing, and the Artosaurus website. 

8. Sale of Consigned Products 

a. The Artist allows Artosaurus to sell all consigned artworks in the physical shop/gallery at the Company address, as well as through their online shop(s).  
b. A deposit of no less than 25% of the full price of the work will be paid by the purchaser before a red sticker or 'sold' notice is attached to the work. No sale will be accepted without a deposit being paid. If a work is being purchased under the COLLECT Art Purchase Scheme, the Gallery will ensure that all formal checks and necessary paperwork is finalised before releasing the work to the purchaser.  
c. The holding period to the buyer for any works will be limited to 30 days. 
d. The Gallery will obtain the approval of the Artist before proceeding with purchaser payments by installment or lay-by. 
e. Work can only be collected by the purchaser if it has been paid for in full.  Work in the exhibition will not be released to the purchaser until the end of the exhibition.
f. If securing a sale by offering the purchaser a reduced rate, the Gallery will discount its own commission unless a prior agreement allowing for negotiation exists.
g. The Gallery will provide an invoice/tax invoice to the purchaser on behalf of the Artist, detailing any GST on the sale and providing the Artists ABN (where applicable) 

9. Pricing of Consigned Product 
a. Retail prices for each consigned artwork delivered will be set by the Artist and agreed upon by mutual consent with Artosaurus. All retail prices will factor in the commission as set by the Gallery. 
b. Prices of consigned works will not be reduced, or increased, by the Artist during, or at any time following the exhibition, unless agreed to in consultation with the Gallery. 

10. Commission 
a. The Gallery commission for works sold during the exhibition will be 40% of the selling price (RRP) unless otherwise agreed. If the artist is registered for GST, the commission is 40% of the RRP inc GST. If the artist is NOT registered for GST, no GST is collected on the sale of the work and commission is on 40% RRP (ex GST) 
b. The Gallery commission for works sold through the shop is by negotiation, with a recommendation of 40% as a guide. 
c. Artosaurus would prefer not to negotiate commissions for new work, preferring to refer the client directly to the artist. If the artist is a Supported artist or requests assistance Artosaurus may enter into an agreement on the artist's behalf. In the event of the Gallery securing an order for the Artist to produce new work, the Gallery shall receive 30% of the total price as commission. Artosaurus shall consult with the Artist before accepting any such commissions and will confirm the order in writing. 

11. Payment for works sold 

a. Any money received by the Gallery and due to the Artist will be paid to the Artist within 30 days. Artosaurus will forward a 'Recipient Created Tax Invoice' to the Artist detailing consigned artworks that were sold. Payment will be made by Artosaurus to the Artist via direct bank deposit. The Gallery accepts all risks for failure to pay on the part of any purchaser to whom it has sold a work. 
b. If in consultation with the Artist, a purchaser has entered into an arrangement with the Gallery to pay in regular installments/lay-by, the Artist will be paid 60% of that installment amount within 14 days of the installment payment being received by the Gallery. 

12. Insurance and Liability of Loss or Damage 
The Gallery shall be responsible for loss, or damage to, the consigned works from the time of delivery to Artosaurus until the time of delivery to the purchaser or return to the Artist. Artosaurus will ensure that appropriate and adequate insurance is provided to cover all consigned works; including theft, accidental damage, malicious damage, and public liability. Artosaurus recommends that artists also have adequate insurance, particularly for work valued in total above $1000. 

13. Compliance with Laws 
The Artist and Artosaurus shall cooperate fully to ensure adherence to any rule, law, or regulation relating to consigned artworks. The Artist represents that its book of accounts show that the consigned artworks are shipped and delivered to Artosaurus as a consignment, and not as a sale. 

14. Authenticity and Copyright 
The Artist ensures that all consigned work delivered to Artosaurus is original and created by themselves. If any work is directly influenced by another Artist's work, all necessary permissions and crediting of original works must be acknowledged this is the responsibility of the artist. The copyright in each work shall remain the property of the Artist. Dealings in relation to the copyright in the work shall be made solely between the Artist and the purchaser. 

15. Disputes 
Should any dispute arise concerning any matter referred to in the contract, the dispute will be referred to the informal arbitration or two arbitrators, one to be appointed by each party. In the event of the arbitrators disagreeing, the dispute will be referred to an umpire selected by the arbitrators. No action or suit relating to this contract will be brought or maintained by either party against the other party until a decision has first been obtained from the arbitrators or umpire. 

Any alterations to this contract will be made only by written agreement.