Need consignment advise...damaged goods - WarmGlass.com

Need consignment advise...damaged goods

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shesjustalittletwisted
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Joined: Mon Mar 22, 2004 12:13 pm
Location: Johnsburg, IL
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Need consignment advise...damaged goods

Postby shesjustalittletwisted » Tue Apr 13, 2004 11:50 am

Hi there....a dear painter friend of mine recently had a bad experience with a shop that had some pieces on consignment. It was not a gallery, more of a boutique shop. When the pieces did not sell, she had to pry the pieces away from the shop owner, who actually had them at her house, I assume, hanging on her walls. My friend sent several certified notices, made phone calls etc in order to collect her work. When she did finally get it back, it was damaged. She can do some repair work, but still.
She contacted the Better Business Bureau. I suggested seeing if a complaint of some sort can be filed with the local Chamber of Commerce and sending an invoice to her for the repairs. (It will most likely not be paid but will provide a paper trail for the loss at tax time)

I told her I would post this....wondering if any of you have had similar experiences and if/how you resolved them. I realize she works in a different medium but it is an issue we all can encounter.

There was a very loose agreement signed, nothing that stated results for damages. Does anyone have a good consignment agreement? Also, if the shop/gallery provides their own, do any of you have them sign your own personal agreement also?



Thanks!!!

(thought I would include her website...she is very talented
http://www.julieannstricklin.com/index.html

Jackie Beckman
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Location: Arizona
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Postby Jackie Beckman » Tue Apr 13, 2004 12:02 pm

My goodness, she's talented, isn't she? Introduce her to glass! I'd bet she would have a blast. Wish I had some advise about her situation; I don't, but I just hate hearing about things like this happening to artists - too bad.

charlie
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Joined: Mon Mar 10, 2003 3:08 pm

Postby charlie » Tue Apr 13, 2004 12:55 pm

if the written contract doesn't state what happens in case items get damaged, she has no legal recourse.

the bbb is run as a benefit to the companies who pay to have their business listed. they have no force to getting companies to resolve issues with customers, and as a matter of fact, if the ocmpany states that they cstomer is out of line, they will usually take the side of the businesses rather than customers.

if the person was using the art in their home, i would have sent an invoice to the shop for their commission. after all, it wasn't being actively displayed for sale anymore.

Dennis Brady
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Joined: Fri Dec 19, 2003 9:06 pm
Location: Victoria BC
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Postby Dennis Brady » Tue Apr 13, 2004 12:57 pm

Here's a sample consignment agreement that many use. It's fair to both the artist and the gallery.
http://www.debrady.com/technical/consignment.htm

Also, here's an article about consignment selling you might find helpful.
http://www.debrady.com/technical/articl ... onsignment
DeBrady Glass Ltd http://www.debrady.com
Victorian Art Glass http://www.vicartglass.com
Glass Campus online classes http://www.glasscampus.com

Debinsandiego
Posts: 41
Joined: Mon May 19, 2003 6:47 pm

Postby Debinsandiego » Wed Apr 14, 2004 6:26 pm

shesjustalittletwisted,

Just curious, was that some where here in town? (San Diego/Del Mar?)

Let me know, so I can avoid this botique/gallery.

Thanks,
Deb
Deborah

Kitty
Posts: 437
Joined: Sun Mar 09, 2003 4:12 pm
Location: Gig Harbor, WA

Postby Kitty » Wed Apr 14, 2004 7:06 pm

terms need to be spelled out in an consignment agreement before goods are given to a store.
it pays to drop into stores that have goods on consignment, and see how things are going. there has to be a reasonable time-frame within which sales are expected, or the goods must be returned.
stores that take merchandise on consignment have little incentive to sell the work -- it can easily become store decorations. or in this case, home decorations.
it's an unfortunate story. avoid consignment.

billing the woman seems appropriate, and small claims court works, too. people say it doesnt, but it is an effective tool, and often being served by the Sheriff is sufficiently motivating that the Evildoer will return the goods (in perfect condition) or pay up. i once sued somebody in Small Claims Court, for a non-business debt, and the tongue-lashing the judge gave the jerk i sued was worth as much as the money i recovered.

every time i hear one of these stories, it reminds me how truly fortunate i am to do business with quality stores and galleries, run by decent people, who pay their bills on time, and treat me well. good luck to your friend.


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