These Terms and Conditions, together with the terms set out on the front of the invoice and those set out in the correspondence confirming the sale, outline the entire Agreement between the addressee of the Sales Invoice (the “Purchaser”) and Unit London Limited (the “Gallery”) relating to the sale of the Work(s)
Full payment must be received within seven days of receipt of the Sales Invoice
The Gallery is authorised to sell the artwork(s) on behalf of the artist (the “Artist”)
The Gallery warrants to the Purchaser that the artwork(s) is an authentic artwork(s) by that artist and the invoice, along with the artist's original signature on the artwork(s), stand as proof of the authenticity of the work and no further certificates will be provided
No copyright or other intellectual property rights in the artwork(s) are granted to the Purchaser and the Artist’s moral rights (including the Artist’s right to be identified as author of the artwork(s) are hereby asserted
Title to the artwork(s) will pass to the Purchaser only on full receipt of the Sales Invoice total by cleared funds, and the Purchaser shall be responsible for the artwork(s) and risk shall pass to the Purchaser, so must therefore make appropriate arrangements to insure the artwork(s) from this time
Artwork(s) will be stored free of charge for a period of sixty days, after which time any artwork(s) not shipped or paid will incur storage charges for which the Purchaser will be liable. The Gallery will send the Purchaser a reminder four weeks after the Sales Invoice has been raised if the artwork(s) have not been shipped or paid with details of the storage charges expected to incur. Storage charges will be based on £6.50 per cubic meter per week, equivalent to £28.00 per calendar month
Artwork(s) shall not be released to the Purchaser until the Gallery has received the full Purchase Price in cleared funds and the Purchaser has paid any storage costs due under Clause 6 above
The Purchaser is responsible for all associated crating and shipping costs, unless otherwise agreed in writing between the Gallery and the Purchaser
The Gallery is VAT registered and the business operates under the VAT margin scheme; all transactional VAT implications will be explained to the Purchaser by the Gallery at the point of sale
In the event of an export sale where the Purchaser arranges their own export or export clearance, the Purchaser must send proof of export (“POE) to the Gallery within one month of the date of the Invoice. Should the Purchaser fail to provide a satisfactory POE the Gallery is entitled to charge the Purchaser UK VAT of 20% on the Purchase Price
The gallery may use personal information supplied by the Purchaser and the Purchase Price to fulfil its obligations to the Purchaser and for administrative purposes. The Gallery may share such information with its affiliated companies as necessary to fulfil its obligations to the Purchaser with third parties (e.g. shippers). The Gallery may also share the Purchase Price, the Purchaser’s identity and the Purchaser’s location with the Artist. For all such purposes, the Purchaser consents to the Gallery transferring such information to countries outside the European Economic Area, whose applicable laws may not protect personal data to the same extent as the EEA.
The Purchaser agrees to notify the Gallery of the donation or sale of the Work(s) to an institution in the future, for provenance purposes, subject to the resale rules set out on the Sales Invoice
If the buyer fails to comply with the resale rules set out on the Sales Invoice they will promptly indemnify the gallery to an amount equal to the difference between (i) the selling price of similar artworks in perfect condition of the artist at the last public auctions and (ii) the price paid for the acquisition of such artwork(s)
In the event an artist is unable to complete a commissioned work in the agreed timeframe, the gallery will refund the Commissioner in full
In the event of the Purchaser cancelling a sale, refunds may be offered at the gallery’s discretion in the form of gallery credit, with the only exceptions being a commission which does not meet the Commission Agreement terms or artwork(s) being damaged beyond reasonable repair
The gallery reserves the right to terminate any sale at its discretion if any of the sale terms are not met
The contract of sale of the artwork(s) and any contractual or non-contractual dispute or claim arising from or in connection with the sale shall be governed by the law of England and Wales. For claims against the Artist and the Gallery, the courts of England and Wales shall have exclusive jurisdiction to settle all disputes arising under or in connection with the sale, but that the Artist and the Gallery shall have the right to bring proceedings in any other court of competent jurisdiction within or outside of England and Wales.