FEAGA

UNDER THE GENERAL TERMS OF THE NETHERLANDS GALLERY ASSOCIATION, WHICH ALSO ART-PIERRE.COLLEGE , IS BOUND TO

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BELOW THE GENERAL TERMS AND CONDITIONS OF THE DUTCH GALLERY ASSOCIATION, TO WHICH ART-PIERRE.COLLEGE ALSO KNOWS.
ARTICLE 1 – DEFINITIONS
THE TERMS AND CONDITIONS SHALL BE UNDERSTOOD:
“THE ARTWORK”: THE WORK THAT HAS BEEN INDICATED IN THE SALES RECORD.
“THE ARTIST”: THE MAKER OF THE ARTWORK OFFERED FOR SALE.
“THE GALLERY”: THE GALLERY OFFERING THE ARTWORK FOR THE ARTIST OR FOR ITSELF FOR SALE.
“THE BUYER”: THE (RIGHT) PERSON WHO PURCHASES THE ARTWORK OF OR THROUGH THE GALLERY.
ASPIRANT BUYERS ARE ALSO CONSIDERED AS “BUYERS”.
“THE PURCHASE AGREEMENT”: THE AGREEMENT, OF WHICH THE ESSENTIALIA ARE DISPLAYED IN THE SALES PURCHASE, WHEREBY THE BUYER OF OR THROUGH THE GALLERY PURCHASES THE ARTWORK.
“THE EXHIBITION”: THE OCCASION WHERE THE ARTWORK IS SHOWN OR WILL BE.
ARTICLE 2 – APPLICABLE CONDITIONS
THESE TERMS AND CONDITIONS ARE APPLICABLE TO ALL CONTRACTS, COMMANDMENTS, OFFERS AND OFFERS, OFFERED BY OR CONCLUDED WITH THE GALLERY. OF THESE TERMS AND CONDITIONS MAY ONLY BE DEDUCTED BY AN EXPRESS WRITTEN AGREEMENT.
UNLESS EXPRESSLY WRITTEN IN WRITING OTHERWISE THE GENERAL TERMS AND CONDITIONS OF BUYER DO NOT APPLY TO THE RELATIONSHIP BETWEEN BUYER AND GALLERY OR THE PHASE PRIOR TO THIS.
ARTICLE 3 – CONCLUSION OF THE PURCHASE AGREEMENT
A BUY AGREEMENT BETWEEN THE GALLERY AND THE BUYER COMES AS A RESULT WHEN THE GALLERY ACCEPTS AN OFFER OF THE BUYER IN WRITING AND EXPRESSLY.
ARTICLE 4 – PRICES / COSTS
UNLESS OTHERWISE MENTIONED OR AGREED, ALL PRICES INCLUDED IN THE GALLERY INCLUDE VAT AND OTHER GOVERNMENT LEVIES.
COSTS OF SHIPMENT, IMPORT AND EXPORT DUTIES, COSTS OF PACKAGING AND INSURANCE ARE CHARGED TO THE BUYER UNLESS EXPRESSLY AGREED OTHERWISE.
A LEGAL INCREASE OR REDUCTION OF VAT OR OTHER GOVERNMENT CHARGE MAY ALWAYS BE BROUGHT IN THE PRICE.
ARTICLE 5 – DELIVERY
THE ARTWORK SHALL BE DELIVERED WITHIN 1 MONTH AFTER EXPORTS, UNLESS OTHERWISE AGREED. IF THE ARTWORK IS IN STOCK AND WILL NOT BE EXPORTED OR WILL BE EXPORTED, DELIVERY MAY BE INSTALLED.
THE BUYER PAYS THE FULL PURCHASE PRICE IN ADVANCE PAYMENT. THE DELIVERY PERIOD OF ARTICLE 1 OF THIS ARTICLE DOES NOT EXCEED THE FOLLOWING THAT THE PAYMENT BY THE GALLERY WAS COMPLETELY RECEIVED AT THE DATE GIVEN BY IT IN THE SALES DEBT.
DELIVERY PERIODS ARE NEVER INCLUDED AS FATAL TERMS, UNLESS EXPRESSLY OTHERWISE AGREED.

DELIVERY OF THE ARTWORK IS PROVIDED BY THE BUYER GETTING UP THE ARTWORK OR INCLUDING AN ADDRESS INDICATED BY THE GALLERY. ON THE PURCHASER RESTS AN IMPORT DUTY. DELIVERY IS ALSO PROVIDED THAT THE GALLERY OFFERS THE ARTWORK FOR TRANSPORT IN THE CONTEXT OF THE PURCHASE AGREEMENT.
THE RISK OF LOSS, DESTRUCTION AND / OR DAMAGE TO THE ARTWORK GOES ON THE BUYER AT THE TIME OF DELIVERY. THE SAME RISK TRANSFER IS AT THE MOMENT THAT THE GALLERY HAS OFFERED THE ARTWORK FOR DELIVERY AND THE BUYER DOES NOT COLLECT OR INCREASE THE ARTWORK AT THE TIME OF DELIVERY. IN THE ABSENCE OF THE PURCHASE OF THE BUYER, ALL COSTS INCURRED BY THE GALLERY IN CONNECTION WITH THE OFFER AND ANY FURTHER COST OF TRANSPORT, STORAGE, INSURANCE AND STORAGE SHALL BE TAKEN BY THE BUYER. IN ADDITION, THE BUYER IS LIABLE FOR ANY DAMAGE SUFFERED BY THE GALLERY BY NON-DUTY.
IF THE ARTWORK HAS BEEN SUPPLIED, WHILE THE PURCHASE PRICE HAS NOT YET BEEN FULLY RECEIVED, THE PROPERTY OF THE ARTWORK WILL FIRST PASS ON TO THE BUYER IF IT HAS COMPLETELY FULFILLED ITS PAYMENT OBLIGATIONS UNDER ANY AGREEMENT WITH THE GALLERY, INCLUDING THE DEALERS PAYMENT OF INTEREST AND COSTS AS DETERMINED IN THESE TERMS AND CONDITIONS. THE BUYER IS DEEMED TO KEEP THE ARTWORK FOR THE GALLERY UNTIL THE FULL PAYMENT HAS TAKEN PLACE.
IF THE BUYER PAYS THE FULL PURCHASE PRICE OF THE ARTWORK AT THE GALLERY, OR ARRANGE THE ARTWORK IN WHOLE OR PARTALLY TO THIRD PARTIES OR TRANSFER INTO OWNERSHIP, THE BUYER SHALL ACCEPT AN IMMEDIATE FINE AT THE GALLERY SINCE IT HAS NOT YET THE GALLERY PAID PART OF THE PURCHASE PRICE, WITHOUT PREJUDICE THE RIGHT OF THE GALLERY TO FULL DAMAGES. FURTHERMORE, BUYER IS RESERVED TO PROVIDE THE GALLERY OF DATA FROM THE AFOREMENTIONED THIRD PARTIES.
THE RISK OF LOSS, DESTRUCTION AND / OR DAMAGE TO ARTWORKS THAT THE BUYER IS GIVING TO THE BUILDING OR REPAIR GALLERY REMAINS WITH THE BUYER, UNLESS OTHERWISE PROVIDED BY THE WRITTEN AGREEMENT.
ARTICLE 6 – FORCE MAJEURE
IF THE GALLERY IS NOT IN A POSITION TO SATISFY ANY OBLIGATION IMPOSED ON THE BUYER BY FORCE MAJEURE, THIS OBLIGATION SHALL BE SUSPENDED DURING THE PERIOD DURING WHICH THE FORCE MAJEURE CONTINUED. IF THE FORCE MAJEURE HAS CONTINUED SIX MONTHS, BOTH PARTIES HAVE THE RIGHT TO DISSOLVE THE AGREEMENT IN WHOLE OR IN PART, WITHOUT ANY RIGHT TO COMPENSATION FOR DAMAGES, COSTS OR INTERESTS.
UNDER “FORCE MAJEURE” ANY OF THE WILL OF THE GALLERY HOLDER IS INDEPENDENT OF CIRCUMSTANCES, EVEN IF IT WAS ALREADY ESTABLISHED AT THE TIME OF THE CONCLUSION OF THE AGREEMENT, WHICH CONTINUES TO PREVENT THE PERFORMANCE OF THE CONTRACT OR TEMPORARILY PREVENT. UNDER FORCE MAY IN ANY CASE BE INCLUDED: WAR OR SIMILAR SITUATIONS, PROGRAM, SABOTAGE, BOYCOT, STRIKE, OCCUPATION, BLOCK QUARRY, GALERIEHOUD’S DISEASE, FAULTY SHOOTING OF TRANSPORTERS, NATURAL DISASTERS, BAD WEATHER, LOOK ATTENTION, FLOOD, FIRE, EXPLOSION AND FLOW OF DANGEROUS SUBSTANCES OR GASES.
ARTICLE 7 – PAYMENT
PAYMENT SHOULD BE RECEIVED BY THE GALLERY WITHIN 14 DAYS OF THE DATE OF INVOICE, UNLESS WRITTEN OTHERWISE AGREED. THE GALLERY IS ENTITLED TO DO PART DELIVERIES AND INDIVIDUAL BILLING THEREOF.
COMPLAINTS ON RECEIVED INVOICES MUST BE NOTIFIED TO THE GALLERY WITHIN 8 DAYS OF DATE OF SHIPMENT OR ISSUE OF THE INVOICE, IN CASE OF WHICH THE RELEVANT INVOICE BY THE BUYER IS UNAIDENTALLY APPROVED.

ALL PAYMENTS BY THE PURCHASER MUST BE DONE WITHOUT ANY DEDUCTION OR DEBT EXCLUSION, UNLESS THE OPPORTUNITY OF THE BUYER AT THE GALLERY IS EXPRESSLY RECOGNIZED OR ESTABLISHED BY THE GALLERY. THE BUYER DOES NOT HAVE THE RIGHT TO SUSPEND ITS PAYMENT OBLIGATION.
THE GALLERY HAS THE RIGHT TO REQUIRE ADVANCE PAYMENT OR PAYMENT IND CASE IF IT SEEKS IT.
BY THE SINGLE EXPIRY OF A PERIOD OF 30 DAYS AFTER INVOICE DATE, THE BUYER, WITHOUT ANY INTERRUPTION OR REMEDY INSUE, PAYS INTO ACCOUNT AND IS A PERIODICALLY READABLE AMOUNT OF 2% PER MONTH OR PERIOD DURING THE DATE OF INSURANCE PORTION THAT DUE. THE GALLERY MAY SUSPEND FURTHER DELIVERY UNTIL FULL PAYMENT OF ALL PAYABLE AMOUNTS HAS BEEN RECEIVED.
ALL COSTS, BOTH COURT AND JUDICIAL COSTS (INCLUDING ALL COSTS INCURRED BY LEGAL ASSISTANCE) RESPONSIBLE FOR THE GALLERY TO THE ENFORCEMENT OF ITS RIGHTS TO THE BUYER, SHALL BE BORNE BY THE BUYER. THE FOREIGN COSTS ARE CALCULATED IN ACCORDANCE WITH THE RATE OF THE NETHERLANDS ORDER OF LAWYERS:
ABOUT THE FIRST € 2,949.57: 15%
OVER THE MULTIPLE TO € 5,899.14: 10%
OVER THE MULTIPLE TO € 14,747.86: 8%
OVER THE MULTIPLE TO € 58,991.43: 5%
ABOVE THE MULTIPLE ABOVE € 58,991.43: 3%
ARTICLE 8 – DISSOLUTION AFTER NON-PAYMENT
IF ANY REMAINING PAYMENT WITHIN THE NOTIFIED OTHER TERM IS GIVEN, THE GALLERY IS ENTITLED TO DISSOLVE THE AGREEMENT IN WHOLE OR IN PART BY A WRITTEN DECLARATION TO THE BUYER, WITHOUT PREJUDICE TO ITS DAMAGES OF DAMAGES.
ARTICLE 9 – DISSOLUTION
IF THE BUYER FAILS TO COMPLY WITH ANY OBLIGATION WHICH COULD BE PREVENTED FROM THE PURCHASE AGREEMENT, AND EITHER IN CASE OF BANKRUPTCY OR (PROVISIONAL) SURSÉANCE OF PAYMENT BY THE BUYER, THE BUYER IS WITHOUT BREACH OF INSURANCE AND THE GALLERY IS ENTITLED. WITHOUT JUDICIAL INTERVENTION:
TO SUSPEND THE IMPLEMENTATION OF THE PURCHASE AGREEMENT UNTIL SUFFICIENT FULFILLMENT OF THIS OBLIGATION TO THE GALERIE’S JUDGMENT HAS BEEN SATISFIED. AND / OR
EACH OF THE BUYING AGREEMENTS WHICH THE GALLERY HAS CONCLUDED WITH THE BUYER DISSOLVED OR PARTIALLY DISSOLVED, ONE AND OTHER WITHOUT PREJUDICE TO THE OTHER RIGHTS OF THE GALLERY AND WITHOUT THE GALLERY TO BE HELD TO ANY DAMAGES.
IN ALL CASES REFERRED TO IN THE PRECEDING SUMMARY ALL GALERIE’S CLAIMS ON THE BUYER WILL BE IMMEDIATELY AND ENTIRELY REQUIRED AND THE GALLERY IS ENTITLED TO RETURN THE RELEVANT UNDUE ARTWORKS. IN SUCH A CASE, THE GALLERY AND ITS AGENT SHALL BE ENTITLED TO RETURN THE BUILDINGS OF THE BUYER IN ORDER TO TAKE THE WAY OF ARTWORKING WITHIN THE GALERIE’S OPPORTUNITIES TO EFFECT ITS RIGHTS.
10 – WARRANTY

THE BUYER PURCHASES THE ARTWORK IN THE STATE IN WHICH IT IS AT THE TIME OF THE BUY. THE BUYER MUST BE ADVISED OF INFORMING THE STATE IN WHICH THE ARTWORK IS HELD.
THE GALLERY GUARANTEES THE AUTHENTITY OF ARTWORK UNLESS THE WARRANTY IS EXPRESSLY OR IMPLICITLY RESULTED (FOR EXAMPLE BY THE PRICE AT THE PRICE PAID FOR ARTWORK).
THE GALLERY AGAINST THE BUYER GARANT FOR DAMAGE TO THE ARTWORK, ACTING DURING A 30-DAY WARRANTY PERIOD UNLESS THE BUYER OR A THIRD PARTY IS LIABLE IN PART OF THE LAW, OR PARTIALLY LIABLE FOR THE DAMAGE. ANY SUCH LIABILITY OF THE BUYER IS AT ANY TIME IN CASE OF INCORRECT OR UNAUTHORIZED TREATMENT OF THE ARTWORK BY THE BUYER OR THIRD PARTIES. EXCLUDING WARRANTY OR LIABILITY OF THE GALLERY, DAMAGE ARISES FROM OR ARISING FROM A DEFICIT TO THE INSERTION.
ANY COMPLAINTS REGARDING NON-CONFORMITY OF THE ARTWORK MUST BE WRITTEN TO THE GALLERY IN WRITING BY TWO MONTHS AFTER DAMAGE OR AFTER THE ORIGIN OF THE DAMAGE.
IN THE EVENT OF TIME, CORRECTLY AND IN ACCORDANCE WITH ALL PROVISIONS OF ARTICLES 10 AND 12, THE FOLLOWING OBLIGATIONS UNDER THE GALLERY SHALL BE THE FOLLOWING:
IF THE REALITY OF THE GALLERY HAS BEEN SATISFIED THAT THE ARTWORK IS DAMAGED AND THAT THE GALLERY IS LIABLE FOR IT, THE GALLERY WILL HAVE THE CHOICE:
THE DAMAGED ARTWORK FREE OF CHARGE NEW AGAINST RETURN OF THE DAMAGED ARTWORK;
REPAIR THE ARTWORK CONCERNED;
III. THE BUYER TO GRANT AN INTERIM CHARGE ON THE PURCHASE PRICE.
BY MEETING ONE OF THE PERFORMANCE AS SPECIFIED ABOVE, THE GALLERY WILL HAVE BEEN FULLY CONCERNED WITH ITS OBLIGATIONS TO THE BUYER;
IF THE REALITY OF THE GALLERY HAS BEEN SATISFIED THAT THE ARTWORK IN CONTRARY TO A DECLARATION OF AUTHENTICITY IN ACCORDANCE WITH THE PROVISIONS OF PARAGRAPH 2 IS NOT REAL, THE BUYER HAS THE EXCLUSIVE RIGHT TO REFUND OF THE BUYING PRICE PAID FOR ARTWORK – WITHOUT ANY REIMBURSEMENT. FOR POSSIBLE LOST INTEREST OR OTHERWISE – AT A SIMULTANEOUS RETURN OF THE ARTWORK AT THE GALLERY, IF THE BUYER RETURNS THE ARTWORK IN THE SAME STATE AS WELL FOUNDED AT THE TIME OF THE DELIVERY OF THE ARTWORK. BY REFUND OF THE PURCHASE PRICE, THE GALLERY TO THE BUYER WILL BE FULLY DUE TO ITS OBLIGATIONS. IF THE BUYER CAN NOT RETURN THE ARTWORK IN THE SAME STATE IN WHICH IT WAS TAKEN AT THE TIME OF THE DELIVERY OF THE ARTWORK, THE BUYER’S CLAIMS AND THE GALLERY SHALL NOT BE REFUNDS.
IN THE CASE OF REPAIR WORK CARRIED OUT BY THE GALLERY IN AN ARTWORK, THIS ARTWORK REMAINS FOR RISK OF THE BUYER. UNTIL THE TIME WHEN THE GALLERY HAS RECORDED AN ARTWORK IN ACCORDANCE WITH PARAGRAPH 5 OF THIS ARTICLE, THIS ARTWORK SHALL ALSO REMAIN IN RISK OF THE BUYER.
ARTICLE 11 – COPYRIGHT
THE COPYRIGHT ON THE ARTWORK BELONGS TO THE ARTIST. THE COPYRIGHT ON THE CATALOG, BROCHURES AND SIMILAR LICENSES AT THE GALLERY. THE

COPYRIGHT IS EXPRESSLY RESERVED BY THE ARTIST AND THE GALLERY.
THE BUYER IS NOT AUTHORIZED TO PUBLISH AND / OR REPLACE THE ARTWORK PURCHASED BY HIM. THE GALLERY MAY CONDUCT BETWEEN ARTIST AND BUYER IF THE BUYER WISHES TO PUBLISH AND / OR REPLACE THE ARTWORK.
ARTICLE 12 – EXPIRY TERM
TO THE EXTENT OTHERWISE PROVIDED FOR IN THESE TERMS AND CONDITIONS, CANCELLATION RIGHTS AND OTHER POWERS OF THE BUYER WITH RESPECT TO THE PURCHASE AND SALE OF ARTWORK TO THE SELLER SHALL, IN ANY CASE, EXCEED ONE YEAR AFTER THE PURCHASE AGREEMENT HAS BEEN ESTABLISHED.
RIGHTS AND POWERS RESULTING FROM THE BUYING AGREEMENT WITH THE GALLERY FOR THE BUYER ARE NOT TRANSFERABLE.
ARTICLE 13 – SETTLEMENT
SALE BY THE BUYER OF A CLAIM OF THE GALLERY WITH A PROMOTION ON THE GALLERY SHALL BE PERMITTED ONLY TO THE EXTENT PERMITTED BY THE GALLERY EXPRESSLY RECOGNIZED OR IS ESTABLISHED IN LAW.
ARTICLE 14 – APPLICABLE LAW
ON AGREEMENTS AND ANY OTHER LEGAL RELATIONS BETWEEN THE BUYER AND THE GALLERY IS EXCLUSIVELY DUTCH LAW, SO WITH THE EXCLUSION OF THE WEENS MERCHANT CONVENTION.
DISPUTES BETWEEN THE BUYER AND THE GALLERY FIRST MEET THE EXCLUSION OF KNOWLEDGE THE RECHTBANK IN ‘S-GRAVENHAGE.

 

Kind Regards ; Pierre

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