Consignment Contracts by Cindy Gibson

Below is the information for the consignment contract that I have been using for the last 10 years or so, and it has been adequate for my needs. I must point out though, that it is VERY BASIC, and there are several reasons why it is adequate for me. I am conservative about where I sell my work. You will notice that there is no provision for damage during shipping, for example. That is because I only deal with galleries and shops that I can personally visit. While it limits me geographically, there are advantages: I can deliver work rather than shipping; I get to know the owner/manager; I can see how my work is displayed; I can check that the quality and type of other work in the shop/gallery remains compatible with mine; and, I can keep an eye on what has sold. This approach works for me because my output has been relatively small, and I may have to re-think this in the future.

There are some other points that one might consider adding to the agreement, and everyone needs to think about what will work for them.
Concerns about copyright of the work and use of images of it, comes to mind. I deal with that on an "as needed" basis. Also, I have never felt the need to state explicitly what the consequences would be should the terms of the agreement be defaulted on by either party, but that is seen to be a requirement by some.

In short, I would look on this "contract" as a starting point only and encourage others to add to it as their own needs dictate.

One last point... this is obviously worded as strictly a "consignment" agreement, and is not suitable for wholesale sales, or commissions.

Feedback welcome!

THE INFORMATION TO BE ON THE CONSIGNMENT AGREEMENT FORM

Consignment Agreement between:

Artist's Name or Company Name
Artist's Address and contact information
Telephone:
Email:

Name of Gallery
Delivery Address
Telephone:
Contact:

Date:

STOCKCODE ITEM DESCRIPTION RETAIL PRICE DATE SOLD OR COLLECTED AMOUNT PAID DATE PAID
           
           
           
  • Goods supplied on consignment, sale or return. Rate of CONSIGNMENT COMMISSION agreed _____________.
  • The Maker (name of artist) remains owner of the work until sold and the Maker is paid in full.
  • ______________________ will reimburse the Maker for any loss or damage to the goods from whatever cause while in their possession.
  • Payment for goods sold (retail price less consignment commission) to be made in full within 30 days of date of sale.
  • No changes to retail price are to be made without written permission of the Maker.

Goods supplied Date:
Goods received Date:

 

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