Terms & Conditions For Sellers
Contract terms between Jn Creative Limited (trading as ‘NZ artbroker’) and Owner/Agent (Vendor/You) in relation to the sale of artwork
You and NZ artbroker agree to be bound by these contract terms (Terms) in all circumstances where NZ artbroker lists an item (Item) for sale on www.nzartbroker.com on your behalf.
Appraisal of Item
Prior to acceptance of these Terms, NZ artbroker will provide You with a free appraisal of the Item including a current market estimate, recommended listing price and breakdown of the commission payable to NZ artbroker.
Listing Fee
A non-refundable listing fee of $50.00 per Item is payable by You by bank transfer to NZ artbroker on acceptance of these Terms.
Upon receipt of the listing fee in cleared funds, NZ artbroker will list the Item live on www.nzartbroker.com at 7pm (NZST) on the next available Sunday or as advised by NZ artbroker.
Description of Item
You must supply a photograph of the Item of quality no less than 2 megapixels together with the following information where possible: (a) name of artist; (b) medium; (c) size; (d) note of any inscriptions; and (e) provenance.
NZ artbroker reserves the right to reject photographs that do not meet its standards. NZ artbroker can also organise to take photographs of the Item for You, at Your cost.
Sale by Fixed Price
All Items are sold by fixed price.
Commission
NZ artbroker charges a flat rate of 27% commission on all sales (inclusive of GST).
Resale Right for Visual Artists Regulations Act
Artists Royalty Scheme
A fee of 5% of the sale price less commission will be deducted from the proceeds and paid to Resale Royalties Aotearoa by NZ artbroker in accordance with the Act, and the Regulations where the sale price less than commission is equal or greater than $2,000.
Withdrawals
Once an Item is contracted to sell it may not be withdrawn without the agreement of NZ artbroker.
NZ artbrokers Power of Sale
NZ artbroker has the discretion to:
- Withdraw any Item prior to sale;
- Use an image of the Item for any promotion of the Item or of NZ artbroker; and
- Seek an independent opinion or valuation of any Item and use that opinion or similar information provided by You in the promotion or presentation of the Item.
Delivery and Shipping
The buyer will meet all packaging and freight costs. These costs are calculated at the time of purchase and are charged in addition to the purchase price.
Where NZ artbroker is in the possession of the Item at the time of sale then NZ artbroker will arrange packing and shipping to the buyer.
Where You are in possession of the Item at the time of sale then you will be responsible for packing and shipping of the Item to the buyer.
Immediately on sale of the Item you will notify NZ artbroker of the cost of packing and shipping which NZ artbroker will on-charge to the buyer (to be reimbursed to You at the time of release of sale proceeds).
NZ artbroker will advise You immediately on receipt of cleared funds from the buyer. Within 7 days of notice of cleared funds and where you are in possession of the Item then You must arrange for the Item to be safely packaged and advise NZ artbroker the Item is ready for courier collection. You must inform NZ artbroker of any delays or necessary information for collection.
Risk and Insurance
You will insure and continue to insure the Item until all risk passes to the buyer. Insurance of the Item during shipping is at Your expense.
Payment to Vendor
Payment by the buyer is due within 48 hours of the completion of the sale. Payment is to be made by bank transfer to NZ artbroker’s account.
NZ artbroker will release the sale proceeds to You (less its commission and any Royalties payable) together with reimbursement for any packing and shipping costs paid by You once the buyer confirms receipt of the Item without any defects which the buyer must do within 14 calendar days following the conclusion of the sale.
You are required to supply NZ artbroker with a bank account for electronic transfer of funds. Funds will not be paid via cheque or cash. NZ artbroker will notify You via Your nominated contact method once payment is made to Your bank account.
NZ artbroker will not be responsible for any default by the buyer to pay. If the buyer fails to pay within 48 hours without prior arrangement then NZ artbroker will contact You to obtain Your instructions as to Your preferred course of action. NZ artbroker will assist in as far as it deems practicable to recover the purchase price from the buyer but shall not be required to issue proceedings in its own name nor be required to pay for those proceedings. If NZ artbroker cannot obtain instructions from You it may in its absolute discretion re-sell the Item.
Exclusivity on Items
You grant NZ artbroker the exclusive right to sell the Item for a period of 4 months from the date of listing. If You sell the Item elsewhere within this time frame then You agree that You will pay NZ artbroker a percentage of the commission that it would otherwise have earned (as determined appropriate by NZ artbroker to reflect the time and costs expended by it on the listing process).
Copyright and Intellectual Property
Intellectual property in the Item remains with You until the Item is sold. You grant NZ artbroker a licence to display the Item on its website. NZ artbroker reserves the right to use images exhibited on its website for the use of promoting its website and online gallery.
Although NZ artbroker endeavours to prevent the infringement of Your intellectual property rights, all Items displayed are done so at Your own risk.
Warranty / Indemnity
You warrant that the Item matches the description provided by You and You are responsible for the accuracy of Your description. You will indemnify NZ artbroker for any loss, damages, cost or other expenses it suffers as a result of Your inaccuracy or otherwise.
You warrant that You are the owner of the Item or that You are legally authorised by the owner to sell the Item. You warrant that You are able to provide and transfer free and unencumbered title to the Item to the buyer and You will indemnify NZ artbroker and/or the buyer for any breach of this warranty.
Authenticity
You agree to accept return of any Item and to refund any money paid by NZ artbroker to You if:
- The Item is proven to be fake or a forgery whether or not You knew of the inauthenticity; and/or
- The Item is proven to have a deliberately disguised or undisclosed repair or any supporting documentation provided with the Item was incorrect whether or not You knew of the repair or error.
Disputes
You and NZ artbroker must attempt to resolve any dispute or claim resulting from these Terms through negotiations conducted in good faith. Any dispute or claim not resolved by negotiations must be referred by a party to mediation. If a mediator cannot be agreed upon within 7 days of notice of reference to mediation being given then a mediator shall be appointed by a person or persons nominated by the Resolution Institute in New Zealand. The mediator shall conduct the mediation in accordance with guidelines agreed between the parties, or if not agreed, in accordance with the guidelines set by the mediator.
You and NZ artbroker will each bear your own costs in connection with the mediation, and must share the costs of the mediator and mediation process equally. This clause will continue to apply even after expiration or termination of these Terms.
General
NZ artbroker will use its reasonable endeavours to ensure the availability of its website and services, subject to usual maintenance, system and internet disturbances and force majeure. NZ artbroker takes no responsibility for any system unavailability or for any loss incurred as a result of its website or services being unavailable.
NZ artbroker assumes no responsibility for the corruption of any data or information held by NZ artbroker.
While every effort has been made to keep the information contained on its website current, NZ artbroker gives no warranty in this regard. NZ artbroker offers no warranties of any kind to any site users and will not be liable for any damages arising from the use of its website or from use of the items listed on or purchased from its website.
If NZ artbroker does not exercise or enforce any right available to it under these Terms that does not constitute a waiver of its rights.
If any provision of these Terms becomes or is held to be invalid, unenforceable or illegal for any reason, that provision shall be severed from the remaining Terms, which shall continue in full force and effect.
These Terms are governed by the laws of New Zealand and You submit to the exclusive jurisdiction of the Courts of New Zealand.
These Terms may not be varied without the prior written consent of NZ artbroker.
These Terms constitute the entire agreement between NZ artbroker and You.