Sales Agreement
Privacy Policy
Returns Policy
Warranties of Materials and Workmanship

Sales Agreement

Below is a copy of the sales agreement between the seller/artist Johan Stockwell and the purchaser and will become effective on the signature of all parties incuding witnesses.

1. DESCRIPTION OF WORK.

All works sold will be properly described in the Certificate of Title that will accompany the artwork with the Bill of Sale.

2. PAYMENT.

The Artist shall sell the Work to the Purchaser, subject to the conditions herein, for a price agreed on by both parties. The Purchaser shall also pay all applicable taxes, packing & shipping costs.

3. INSURANCE, SHIPPING, AND INSTALLATION.

The Artist agrees to keep the Work fully insured against fire and theft until delivery to the Purchaser. In the event of a loss caused by fire or theft, the Artist shall use the insurance proceeds to recommence the making of the Work. The Work shall be shipped F.O.B. Artist’s studio at the expense of the Purchaser to the purchaser's elected address.

4. ARTIST’S RIGHTS.

a. Copyright and Right to Credit. The Artist reserves all rights of reproduction and all copyright on the Work, the preliminary design, and any incidental works made in the creation of the Work. The Work may not be photographed, sketched, painted, or reproduced in any manner whatsoever without the express written consent of the Artist.

b. Right to Possession. The Artist and the Purchaser agree that the Artist shall have the right to show the Work for up to sixty (60) days once every five (5) years at no expense to the Purchaser, upon written notice not later than ninety (90) days before opening of show and upon satisfactory proof of insurance. All costs incurred from door-to-door will be the responsibility of the Artist.

c. Non-destruction/Alteration. The Purchaser agrees that he/she will not intentionally destroy, alter, damage, modify, or otherwise change the Work in any way whatsoever, without the Artist’s written permission.

d. Repairs/Maintenance. The Purchaser shall be responsible for the proper cleaning, maintenance, and protection of the Work in his/her possession, if on loan or otherwise exhibited, notwithstanding anything contrary herein. All repairs and restorations made during the Artist’s lifetime shall have the Artist’s written permission. The Artist shall be consulted as to his/her recommendations with regard to all such repairs and restorations, and will be given the opportunity to accomplish such repairs as he/she deems necessary. In that event the Work will no longer be represented as the Work of the Artist without his/her written permission.

e. Resale of Work. If the Purchaser sells or transfers the Work, the Purchaser shall pay to the Artist a sum equal to fifteen percent (15%) of the appreciated value of the work and shall obtain from the new purchaser or transferee a binding undertaking to observe all of the provisions of this Agreement in the interest of the Artist. The Artist shall be given the new owner’s name and address. For the purposes of this agreement, appreciated value shall mean the sales price of the artwork less the original purchase price as stated in this agreement.

5. NOTICES AND CHANGES OF ADDRESS.

All notices shall be sent to the addresses noted above. Each party shall give written notification within sixty (60) days of any changes of address.

6. NO ASSIGNMENT OR TRANSFER.

Neither party hereto shall have the right to assign or transfer this agreement without the prior written consent of the other party.

7. HEIRS AND ASSIGNS.

This agreement shall be binding upon the parties hereto, their heirs, successors, assigns, and personal representatives, and references to the Artist and the Purchaser shall include their heirs, successors, assigns, and personal representatives.

8. SEVERABILITY.

If any part of this Agreement is held to be illegal, void, or unenforceable for any reason, such holding shall not affect the validity and enforceability of any other part.

9. GOVERNING LAWS.

The validity of this agreement and of any of its terms, as well as the rights and duties of the parties under this agreement, shall be governed by the laws of the State/Country of domicile of the owner.

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Privacy Policy

I respect peoples right to privacy and will not abuse the situation in any way in the light of todays congested and overflowing mailboxes.

Through our various marketing initiatives customers and visitors will be given the oportunity to furnish contact details for the express purpose of sending updates, invitations to exhibitions, and any other pertinent information relating to their investment or interest in the artwork of Johan Stockwell.

Any contact details will remain the property of Johan Stockwell and will not be passed on, shared or sold to any third party for any reason whatsoever.

All emails will include the option to be removed from the mailing list if recipients wish to do so at any time.

Returns Policy

All artwork sold and delivered will be accompanied by the appropriate documentation and transfer of ownership will remain binding.

Since the artwork will be covered against damage or theft according to the sales agreement during and after the sale, all claims should be submitted to the appropriate insurance authority for settlement of repairs or replacement.

The artist, Johan Stockwell, reserves the right to consider any returns requested by special arrangement.

All costs relating to any returns are to be borne by the owner according to the sales agreement inclusive of all shipping and packing costs payable as a result of the returned item/s.

Warranties of Materials and Workmanship

Due to the organic nature of materials used by the artist, Johan Stockwell, no warrenties are given for the permanence of colours or substrates.

All artists materials are bought from dealers for reputable name brands of products and where applicable the best available products for the purpose is used. (The same products that have been used by past masters and are still on view in museums the world over.)

The manufacturers of these products also have limited warranties and usually publish guidelines as to the colour fastness and permanence of the body.

Caution should be exercised when any work of art is positioned and placed for view with proper protection against dampness, the elements and extreme temperatures.

 

     
 

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© Johan Stockwell – 2005
5 Edison Close, Sunninghill, Gauteng, 2157 South Africa. Tel. +27 11 234 7669

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