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01 In this document the term
work of art refers to a photo, an original or reproduction
painting, engraving, etching or a signed limited edition
print.
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02 No variation of the terms and
conditions set out here will be effective unless agreed in
writing by both parties. In the event of any conflict
between these terms and conditions (including those relating
to the time of payment) and those issued or submitted by the
Client and in the absence of any contrary agreement in
writing these Terms and Conditions shall prevail.
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03 Works of art are supplied on
loan and no property or copyright in any work of art passes
to the Client either on submission of the work of arts or on
the grant by Blue Bar Gallery or reproduction rights for any
work of art. No copy of any work of art may be made by any
means or in any medium whatsoever without Blue Bar Gallery's
prior written consent.
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04 The rental agreement lists
all the work of arts delivered to the Client. The works of
art are presumed to have been received in good condition
unless the Client notifies Blue bar Gallery in writing of
any discrepancy or damage within 3 days of receipt.
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05 The rental agreement provides
weekly rental charges and annual increases appropriate for
each work of art payable in advance. Discounts may be
offered for larger payments. The minimum contract (for 1 or
several paintings) offered is for US$500 per year.
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06 The rental fee does not cover
the cost of insurance, the delivery and/or collection of the work(s) of art
or the hanging and installation of the work; these expenses are borne by the client. We
offer an Installation and Picture Hanging Service, please contact us for
further details.
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07 The works of art must be
returned by the stated return date in the Rental Agreement
unless an extension of the loan period has been agreed in
writing. If the Client holds work of arts beyond this date,
he will be liable to a rental fee as stated in the Rental
Agreement per work of art per week or part of a week until
they are returned.
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08 The works of art are the
Client's responsibility from the time the Client receives
them until they have been received back by Blue Bar Gallery.
The Client shall immediately inform Blue bar Gallery in
writing of any known loss or misuse of damage to the works
of art while in the Client's possession. If a work of art is
not returned within 12 weeks of the stated return date in
the Rental Agreement, Blue Bar Gallery may at its sole
discretion presume it to be lost.
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09 The client shall be liable to
pay Blue Bar Gallery compensation fees as stated in the
Rental Agreement in respect of each work of art lost or
damaged. Blue Bar Gallery reserves the right to specify in
writing to the Client at the time of the loan a different
compensation figure for loss or damage to certain work of
arts. Payment of any compensation fees does not give rise to
any rights in any work of art. These figures have been
assessed by Blue Bar Gallery and are a genuine pre-estimate
of the loss which would be suffered if such a work of art
were to be lost or damaged. The Client is required to
provide evidence of adequate insurance cover for the total
value of the works of art loaned. A copy of a
"Certificate of Currency" of the insurance policy must be
received with the application noting the addition of the
artworks by title and artist designating Blue Bar Gallery as
the beneficial owner.
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10 A lost work of art which is
later found must be returned to Blue Bar Gallery
immediately. If it is undamaged, Blue Bar Gallery will
refund the compensation paid by the Client less any rental
fee due under clause 5 above.
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11 Return shipments of works of
art must be suitably packaged in stiff cardboard or plastic
and sent by any means affording proof of delivery together
with an Advice Note listing the works of art.
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12 If Blue Bar Gallery's invoice
is not paid in full within 30 days of issue, Blue Bar
Gallery may charge interest on the overdue payment at 2.5%
per month or part of a month.
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13 While Blue Bar Gallery has
taken reasonable care to correctly identify, size, caption
and orientate the works of art, it does not accept any
liability for loss or damage incurred by the Client or any
third party caused by any errors.
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14 All forms of electronic
copying, reproduction, publication, transmission, and/or
storage of a work of art are prohibited without the express
prior written consent of Blue Bar Gallery.
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15 The Client shall be
completely responsible during rental term for loss of or
damage to said property from whatever cause, including fire,
theft or accident. Frames may not be painted or altered.
Works of art may not be painted or altered. Works of art may
not be transferred to another person's care.
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16 The Client's liability for
damaged, loss, or stolen property is the full purchase price
of the work to be paid in full to Blue Bar Gallery.
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17 Rented works of art are the
property of Blue Bar Gallery or their leasing clients as
denoted in the lease agreement..
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18 Rented works of art can not
be exhibited in public without written approval of Blue Bar
Gallery.