Delivery
conditions artworks

1. General Provisions
1.1 The client is the person, who buys any form of art, or orders the production or enters into an agreement with one or more artist(s), for the purpose of acquiring ownership of works of art, trading them, giving them on loan or making them public, is referred to in these terms of delivery as the buyer/client.
1.2 The artist is the person who professionally performs and supplies any form of art.
1.3 These terms and conditions of delivery apply to the conclusion, content and fulfillment of all agreements concluded between the client and the artist, with the exclusion of purchase or other conditions of the client.

2. Price quote
2.1 Price quotes are without obligation and are valid for 2 months. Quotations may undergo changes due to an unforeseen change in the work, increases in material prices and/or wages of third parties at the work. Mentioned rates and offers do not automatically apply to future commissions.
2.2 Artist’s quotations are based on the information provided by the client. The client guarantees that he has provided all essential information for the design, execution and completion of the commission promptly and truthfully.
2.3 Quotations do not include copyright.

3. Purchase and/or Assignment Confirmation
3.1 Purchases/assignments must be mutually confirmed in writing or by e-mail, stating the agreed price, the content of the purchase/assignment and the delivery period.
3.2 If the client fails to make this confirmation, but nevertheless agrees to the artist starting to carry out the assignment, the content of the offer will be considered agreed upon. Further oral agreements and stipulations are only binding on the artist after they have been confirmed by the artist in writing or by e-mail.
3.3 If, after an order for a price calculation and quotation for a work of art yet to be executed, the order for execution and delivery is not forthcoming for more than a month, the artist is entitled to charge the costs of the research, sketches and price calculation to the buyer/client. within 30 days of the date of the written quotation.
3.4 If the purchase/order confirmation is only made unilaterally by the artist and the buyer/client does not object to it within 8 days, the content of this confirmation will be binding on the parties and legally valid. 3.5 The buyer/client and the artist undertake to maintain the confidentiality of all confidential information that they have obtained from each other or from another source in the context of the agreement. Information is considered confidential if this has been reported by the other party or if this results from the nature of the information.

4. Implementation

4.1 The artist shall inform the purchaser/customer in advance of the terms of delivery to be set by him.
4.2 The artist shall make every effort to carry out the commission with care and to strive for a result acceptable to the client. Insofar as necessary, the artist will keep the client informed of the progress of the work.
4.3 A deadline given by the artist for the completion of the work of art is indicative, unless the nature or content of the contract shows otherwise. In the event that the specified term is exceeded, the client must give the artist written notice or e-mail notice of default.

5. Sketches and designs
5.1 If the buyer/customer requires a variant of the first design, or one or more new designs, this additional work will be charged to him separately.
5.2 All designs and sketches remain the intellectual property of the artist, with the exclusive right of publication and exploitation. Designs also remain his material property, unless expressly agreed otherwise. The artist supplies his designs and sketches solely to give an impression of a work of art yet to be delivered or to be performed, accompanied by a written estimate of the implementation costs.

6. Execution by third parties
6.1 The artist has the right, insofar as proper execution of the contract requires it, to have the commission partially executed by third parties. The artist will only do this after consultation with the client.
6.2 If the technical execution of a particular work of art must be realized in part or in whole by third parties, the artist who received the commission to deliver the entire work is obliged to supervise its proper execution. The artist is responsible for the artistic result of the entire work of art. Third parties charged by the artist with the execution of parts or all of a work of art are responsible to him for the technical result. The artist determines the choice of the performer(s), unless otherwise agreed in advance.

7. Delivery
7.1 The artist must deliver the work of art to be delivered by him at the agreed time as stated in his confirmation of commission. If this must be deviated from because of unforeseen circumstances, the artist must inform the purchaser/customer of this in writing or by e-mail in a timely and reasoned manner.
7.2 The purchaser/customer is obliged to take delivery of the work of art he has commissioned as soon as possible after its completion, and to evaluate it for approval. Unless otherwise agreed, the buyer/client must do everything possible to make delivery on time possible. If this cannot be complied with, he must inform the artist of this in a timely and reasoned manner.
7.3 The delivery period agreed upon with the artist can never be considered a deadline by the purchaser/customer, unless the opposite has been expressly agreed upon with the artist in writing or by e-mail.
7.4 The artist is permitted to charge storage, warehousing and insurance costs over the period from the end of the previously agreed upon delivery period until the moment when the actual delivery is made possible by the purchaser/customer.

8. Payments
8.1. The artist is entitled to demand payments in multiple installments.
8.2. The buyer/client must make his payments within thirty days after the date of the invoice, which is in accordance with the commission agreement sent to him by the artist. Objections to the amount of invoices do not suspend the payment obligation.
8.3. If the payment term is exceeded, the buyer/client owes a legally determined interest until the full amount has been paid. If the payment term is exceeded, the artist may suspend his work until the buyer/client has paid the amount due, plus interest. Payments shall be deemed paid when the artist has received the full amount.
8.4. Additional costs that arise as a result of the collection of the amount owed by the buyer/client and not paid on time are for the account of the buyer/client.

9. Additional costs
9.1 On behalf of a work of art made and delivered on commission, where applicable, the research and preparation work, auxiliary materials, means of production, intermediate products, packaging, transport(s), transport risks, travel and accommodation costs, insurance and VAT are at the expense of the purchaser/client.
9.2 Changes to the commission by the client which could not have been foreseen by the artist and which cause additional work, will be paid by the client to the artist in accordance with the rate agreed in the contract. There is also additional work if, as a result of the provision of incorrect or incomplete information by the client, the contractor has to re-organize its planned activities. The contractor will charge the costs for additional work to the client on an after-the-fact basis.
9.3 All tools/materials, means of production and intermediate products belong to the artist’s studio inventory and remain the artist’s property, even if they have been invoiced to the buyer/customer. The artist is not obliged to keep it, unless otherwise agreed in advance. If it is agreed that these are to be kept, the artist is entitled to charge storage, storage and insurance costs for this.
9.4 If the purchase/order for delivery entails that a sample in the chosen material, a model or a maquette of the design is to be supplied by the artist, this additional work shall be borne by the purchaser/customer as additional costs.

10 Complaints
10.1 Complaints must be sent to the artist in writing, stating reasons, within fourteen days of receipt of the delivered work of art.
10.2 After the period of fourteen days after completion of the commission, the client is deemed to have fully accepted the result of the commission. After that, any complaint will no longer be handled as such by the artist. If, in a special case, that period needs to be extended for the buyer/customer, the artist will reasonably allow a longer period of a further fourteen days.
10.3 The buyer/customer shall base his complaint on the information stated in the confirmation of commission. The purchaser/customer shall not be permitted to reject a work of art without inviting the artist to explain his work of art orally.
10.4 If, until no later than eight days after receipt of the artist’s invoice, the purchaser/customer has not made a written objection to the amount charged, he shall be deemed to have accepted and approved the invoice.

11. Disputes
11.1 There is a dispute between the purchaser/customer and the artist as soon as either party declares that this is the case.
11.2 A dispute between the purchaser/customer and the artist, his heirs or beneficiaries, can be submitted to an arbitration committee of at least 3 experts in the field, which can settle the dispute by a binding opinion for both parties. The arbitration committee can have a varying composition, but always consists of an artist, a gallery owner and a lawyer. The committee will issue its advice within 30 days of treatment. 11.3 In the event that arbitration is not desired or does not yield the desired result, the ordinary civil court will decide.

12. Cancellation
12.1 In the event that a purchase/commission contract is cancelled by the buyer/customer, while the artist has already reached an advanced stage of preparation, execution work and/or commitments with third parties, the buyer/customer will be obliged to pay the artist the entire sum of all costs involved in the creation of the work of art.
12.2 If the circumstances under which the purchase/commission agreement was concluded change to such an extent that the artist no longer sees any possibilities for artistic or material considerations to properly carry out the originally intended assignment, he is entitled to terminate that agreement, but with retention of his right to a new assignment agreement in accordance with those changed circumstances.
12.3 If due to force majeure the artist is unable to fulfill his obligations under the purchase/contract agreement, these will be postponed until the force majeure situation has ended. If after three months the artist is still unable to fulfill his obligations and the delivery of the work no longer allows any delay, the buyer/client is entitled to terminate the agreement, whereby he is obliged to pay the work currently performed by the artist with the associated costs.
12.4 In the event of a postponement of payment or bankruptcy of the buyer/client, the artist is entitled to terminate the agreement immediately and by registered letter, enclosing the invoice for the costs incurred up to that time of and for his work performed. .

13. Guarantees and Indemnities
13.1 The artist guarantees that the work of art was conceived, designed and created by him/her and that he/she is considered the creator in the sense of the Copyright Act and can dispose of the work as the copyright owner.
13.2 The artist is entitled to sign his work and to provide it with a title and/or code.
13.3 The client indemnifies the artist or persons engaged by the artist for the assignment against all third-party claims arising from the applications or the use of the result of the assignment.
13.4 The client indemnifies the artist against claims with regard to intellectual property rights on materials or data provided by the client, which are used in the execution of the assignment.

14. Liability
14.1 The artist is not liable for damage, of any kind, caused by the fact that the artist has relied on incorrect and/or incomplete data provided by or on behalf of the client.
14.2 In any case, the artist’s liability is always limited to the amount paid out by his insurer in the relevant case.
14.3 The artist is only liable for direct damage. Direct damage is exclusively understood to mean the reasonable costs to determine the cause and extent of the damage, insofar as the determination relates to damage within the meaning of these terms and conditions, any reasonable costs incurred to compensate the defective performance of the artist to the artist. the agreement, insofar as these can be attributed to the artist and reasonable costs incurred to prevent or limit damage, insofar as the client demonstrates that these costs have led to limitation of direct damage as referred to in these general terms and conditions.
14.4 The artist is never liable for indirect damage, including consequential damage, lost profit, lost savings and damage due to business interruption.

15. Other provisions
15.1 The client is not permitted to transfer any right from a contract entered into with the artist to third parties.
15.2 The parties are bound to treat as confidential facts and circumstances that come to the knowledge of the other party in the context of the commission. Third parties involved in the execution of the commission will be bound to the same confidential treatment with respect to these facts and circumstances originating from the other party.
15.3 The contract between the artist and the client is governed by Dutch law. The court to hear disputes between the artist and the client is the competent court in the district where the artist is based, or the competent court according to the law, at the artist’s choice.
15.4 The material ownership of the work of art does not give the owner the right to multiply or reproduce or any other form of exploitation. Pursuant to the Copyright Act 1912, this right is exclusively reserved to the artist, unless otherwise agreed in advance with the artist.

Excerpt from the COPYRIGHT LAW 1912 ON IMAGES OF ART
Insofar as these terms of delivery do not deviate from them, the provisions and limitations of the Copyright Act 1912 – which includes all amendments related to the visual arts – apply to the artist’s work and his legal relationship to the buyer/client.

Article 1 Copyright is the exclusive right of the maker of a literature, science or art, or of his successors in title, to publish and reproduce this, subject to the restrictions imposed by law. (B.W. 625)

Article 2 Copyright is regarded as movable property. (B.W. 567). It is passed on by succession and is subject to full or partial transfer. Full or partial transfer of copyright cannot take place other than by means of an authentic or private deed. It only includes those powers, the transfer of which is stated in the deed or necessarily ensues from the nature and purport of the agreement concluded. Copyright, which belongs to the maker of the work, as well as – after the death of the maker – the copyright on undisclosed works, which belongs to the person who has acquired it as heir or rightful claimant from the maker, is not subject to attachment. . (B.W./Rv. 447)

Article 4 Subject to proof to the contrary, the person who is designated as such on the work or, in the absence of such an indication, the person who has been made known as the maker of the work when the work is made public, shall be deemed to be the author. makes public.

Article 6 If a work is created by another person, under the direction and supervision of that other person, this person is referred to as the maker of that work.

Article 7 If the work performed in the service of another person consists in the production of certain works of literature, science or art, then the maker of those works is regarded as the person in whose service the works were produced, unless the parties have agreed otherwise. agreed.

Article 19 Reproduction by or for the benefit of the person portrayed or, after his death, his next of kin, shall not be regarded as an infringement of copyright in a portrait. If the same image contains the portrait of two or more persons, then that reproduction is free to each of them with regard to portraits other than his own, only with the permission of those other persons, or for ten years after their death, of their next of kin. With regard to a photographic portrait, the publication thereof in a newspaper or magazine by or with the consent of one of the persons referred to in the first paragraph is also not regarded as an infringement of copyright, provided that the name of the maker, insofar as it is indicated on or near the portrait, is stated. This article only applies to portraits that have been made pursuant to an order, by or on behalf of the persons portrayed, or given to the maker on their behalf.

Article 20 Unless otherwise agreed, the person to whom the copyright to the portrait belongs is not authorized to make it public without the consent of the person portrayed, or for ten years after his death, of his next of kin. If the same image contains the portrait of two or more persons, the consent of all persons portrayed or, for ten years after their death, their next of kin is required with regard to the entire image.

Article 21 If a portrait has been created without a commission to that effect, the creator has been given by or on behalf of the person portrayed – or on his behalf, the publication thereof by the person, who is entitled to the copyright thereon, is not permitted, or after his death, of one of his next of kin opposes the publication.

Article 24 Unless otherwise agreed, the maker of any painting, notwithstanding the transfer of his copyright, remains authorized to produce similar paintings.

Article 25 The creator of a work, even after transferring his copyright, has the following rights: a) The right to object to the publication of the work under another name as his, as well as to any change in the name of the work or in the designation of the maker, insofar as these appear on or in the work occur or have been made public in connection therewith. b) The right to oppose any other change in the work, unless this change is of such a nature that the opposition would be contrary to reasonableness. c) The right to object to any deformation, mutilation or other deterioration of the work, which could harm the honor or the name of the maker or its value in this capacity. After the death of the maker until the copyright expires, the rights referred to under a, b and c belong to the person designated by the maker by last will and testament.

Article 27 Notwithstanding the total or partial transfer of his copyright; the creator shall remain authorized to bring an action for damages against the person, who has infringed the copyright.The authority shall, after the death of the creator, belong to his heirs or assignees, until the expiration of the copyright.

Article 28 Copyright gives the power to seize objects disclosed in violation of that right, as well as unauthorized reproductions, in the manner and subject to the provisions prescribed for the seizure for the recovery of movable property, and unless to claim them as his property, or to demand their destruction or disablement. Equal authority to seize and requisition exists with regard to the seizure of entrance fees paid for attending a lecture, a performance or performance or an exhibition or performance, whereby copyright is infringed. (Rv. 721) If the goods referred to in subsection 1 are required to be surrendered, the court may order that such surrender be made only for a specific fee to be paid by the plaintiff. With regard to cases in which copyright is infringed, the court may, upon application by the entitled party, order that the defendant take such measures that the copyright infringement is lifted, with the order of the defendant to pay a certain sum of money as compensation. , in case the court order is not complied with within a specified time. (B.W./Rv.art. 1401) All without prejudice to the criminal prosecution for copyright infringement and the civil law ordinance to obtain compensation.

Article 31 Any person who intentionally infringes another copyright shall be punished with a term of imprisonment not exceeding six months or a fine not exceeding twenty five thousand guilders. (See also Art. 36a and 36b.)

Article 37 Chapter III, The duration of copyright. The copyright expires after 50 years, counting from the 1st January of the year following the year of death of the maker. The duration of a common copyright on the same work, belonging to two or more persons as joint creators thereof, is calculated from the 1st of January of the year following the year of death of the surviving member.