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Sale of Artwork Agreement
1. Sale and purchase of the Work. The Artist sells the work to the Purchaser, and the Purchaser buys the Work from the Artist, on the terms and conditions set out below.
2. Delivery. The Artist must deliver the Work to the Purchaser, or the Purchaser must collect the Work if requested by the Purchaser.
3. Payment. The Purchaser must pay the Artist the amount specified for the Work prior to shipping, including shipping fees when applicable.
4. Representation and warranty. The Artist represents and warrants that the Artist owns all rights, including copyright, in the Work.
5. Transfer of ownership of the Work 5.1. Subject to clause 5.2, title to the Work passes to the Purchaser when the full Price, including shipping when applicable, is paid to the Artist by the Purchaser. 5.2. Risk in the Work remains with the Artist until the Work is delivered to the Purchaser or collected by the Purchaser or the Purchaser’s agent or courier.
6. Copyright and moral rights; Resale of the Work 6.1. The Artist retains all intellectual property, including all copyright, in the Work. Without limiting this, the Purchaser must not reproduce the Work or let anyone else reproduce the Work without the Artist’s prior written consent. 6.2. The Purchaser will comply with the moral rights provisions contained within the Copyright Act 1968 (Cth) in relation to the Artist’s moral rights in the Work. 6.3. If the Purchaser sells the Work to a third party during the term of the Artist’s copyright in respect of the Work, the Purchaser agrees to pay a resale royalty: a in accordance with the Resale Royalty Right for Visual Artists Act 2009 or such other artist’s resale royalty scheme in effect under Australian law at the time of such sale; or b if Australian law does not provide for such a royalty at the time of sale, in an amount of 5% of the sale price exclusive of GST up to a maximum amount of $20,000.
7. Access to the Work 7.1. The Purchaser may give and use reasonable efforts to make sure that the Artist is given, reasonable access to the Work so that the Artist or the Artist’s representatives can: a reproduce the Work; and b include the Work in public exhibitions. 7.2. The Artist: a must give the Purchaser at least 2 weeks’ written notice that the Artist requires access to the Work and the reasons for the access; b is responsible for safekeeping the Work while it is in the Artist’s possession or control; and c is responsible for the return of the Work to the Purchaser or other owner. 7.3. Without limiting any rights that the Artist may have under Australian law, if the Purchaser intends to destroy the Work, or is aware that the Work may be destroyed, the Purchaser must use the Purchaser’s best efforts to give the Artist a reasonable opportunity to document or remove the Work or both, at the Artist’s choice. If the Artist asks the Purchaser to return the Work, the Purchaser will use the Purchaser’s best efforts to return the Work, or arrange for the Work to be returned, at no cost to the Artist.
8. Disputes 8.1. If a dispute or disagreement (Dispute) arises between the parties in connection with these terms and conditions: a one party must notify [each/the] other party in writing about the Dispute (Notice of Dispute); and b [neither/no] party may start any litigation or arbitration in relation to the Dispute until the parties have complied with this clause. 8.2. The parties should meet within 14 calendar days after receipt of the Notice of Dispute and hold good faith discussions to attempt to resolve the Dispute. 8.3. If the Dispute is not resolved within 28 calendar days after receipt of the Notice of Dispute, the parties agree to submit the Dispute to mediation according to the Arts Law Centre Mediation guidelines current at that time (Guidelines). These Guidelines are part of these terms and conditions. 8.4. If the parties are not able to agree to a mediator, the Arts Law Centre must appoint a mediator. 8.5. The parties must continue to perform their respective obligations under these terms and conditions despite the existence of a Dispute.
9. General provisions 9.1. The parties acknowledge that the Artist is an independent contractor and that nothing in these terms and conditions creates any relationship of joint venturers, partnership, agency or employment between the parties. 9.2. A notice required to be given under these terms and conditions may be delivered by hand, or sent by pre-paid post to the address of the party indicated at the top of these terms and conditions. Notices are taken to have been served when received, or within 2 business days of having been sent, whichever occurs first. 9.3. Neither party may assign, subcontract, novate or otherwise divest these terms and conditions or any of the rights or obligations under these terms and conditions without the other party’s prior written consent. This consent must not be unreasonably withheld. 9.4. These terms and conditions may only be modified by a written amendment signed by the parties. 9.5. Invalidity of any clause of these terms and conditions will not affect the validity of any other clause except to the extent made necessary by the invalidity. 9.6. These terms and conditions are governed by the law in force in NEW SOUTH WALES. The parties submit to the jurisdiction of the courts of that State and any court competent to hear appeals from those courts.
Terms and Conditons
Sale of Artwork
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