This agreement is still in its draft form and is not final!
It is open for suggestions and reservations as to its content.
The Agreement outlines a concept status for my sold work, which is quite different, from what we normally expect for something we buy.
It may seem confusing or surprising to some.
The core element in this agreement is the understanding that when my jewellery work is sold,
It will not, in the usual ‘market’ sense become your property!
*The agreement applies to work sold and work made as commission from 2008 onwards.
If you own any of my earlier work, you are not expected to commit to this agreement, although following some of the elements outlined here will be greatly appreciated.
I will try to clarify my meaning and intentions.
Some artists refer to the buyer’s status as something like a ‘Custodian’; personally, I am looking for simpler term to reflect a similar status.
The meaning of this somewhat unusual status is similar to the status of a ‘permanent’ lease. The jewellery will always be yours (the buyer),
but it does not belong to you… so what does this mean?
The first thing it means, is that you have a responsibility (towards me!) to take care of the work.
For my part, I extend a lifetime warranty, which includes free repair! Yet some work or elements within the work are complicated to repair and may take quite some time to do. Unlike cast, commercial engagement rings made of hard metals and designed to withstand all kind of abuse. My work is made with high karat gold, and often includes delicate stones.
Especially hard to repair are those chased and engraved delicate details.
The Sales Agreement
1) When you need to take my work to for repair or even cleaning, you are asked to consult with me first, and receive my ok!
In most situations, I will prefer you will not give the repair of my work to another jeweller unless there is no reasonable way to send the work
to me.
2) If you wish to give my work, as a present to someone else, please connect this person with me.
In addition, I request that you forward the person a copy of this paper (and ask him/her to sign it and mail to me.)
3) In case at any point in the future you wish to resell my work, you agree here to ask for my consent!
Please connect the new buyer with me.
In addition, I request that you forward this person a copy of this paper (and ask him/her to sign it and mail to me.)
3a) If you originally received the work from me for less then its full-cost, you are asked to only sell it for the original full-cost (or anything above that).
*Selling for less then the original full-cost may, be possible in some exceptional situations. (again with my consent!)
3b) In case you resell my work for above its original full-cost the difference amount will be evenly divided between you and me.
3c) I will be entitled for the whole amount of the difference between the original discount (if there was one) and the stated original full-cost.
4) If the work is stolen or lost from you, you are not liable towards me, unless it is specifically stated as such (see 4a) but you are expected to take care!
Please take proper precautions for the safe keeping of this precious and one of a kind work.
4a) With the purchase of certain exceptional work, you will be liable (within reason) for that work safekeeping! In such a case, you will be asked to obtain an insurance cover for the work. And a specific agreement will be drawn and signed by us.
5) If it happens at some pointing the future that I’m to hold an exhibition of my work. I may possibly request to borrow the work from you,
for the duration of the exhibition… You are not obliged to allow for this, but it would be important to me. The work will be fully insured for the
exhibition and no one but me will touch it (unless otherwise agreed).
- Description or name of the jewellery work:__________________________________________________________________________
Entrusted to: (your name and contact details)_________________________________________________________________________
_______________________________________________________________________________
3. Full cost: _____________ 4.Cost after discount (if any): ____________________
I _______________________ have read and agree with all the understandings and terms for buying this work of jewellery from Akash.
Signature: ___________________________ Akash's signature: _______________
Date: _____________
*If you wish to give the work as a present without disclosing its cost, then please print the agreement
without the form, and give it to the person you have given the work of jewellery.
Please keep the form with you as your responsibility on behalf of the person to whom you have given the work.
*This paper is not legally binding! at this time. it is but an agreement of trust!
Yet it may serve as a base for settling unforeseen disputes.
Love and Light
Akash |
