terms and conditions
intelligent animal acts as a service provider for artists looking to sell their artwork, and individuals interested in purchasing artwork, through an online art marketplace for the purpose of helping to defend the worlds environment. The website is operated by intelligent animal which has an office in Darlinghurst, Sydney, New South Wales, Australia.
Before you use the intelligent animal website you must read, agree with and accept all of these terms and conditions of use.
intelligent animal reserves the right, at its absolute discretion, to change or modify all or any part of these terms and condition at any time, effective immediately when publishing on the website http://www.intelligentanimal.com.au
If at any time these terms and conditions of use are no longer acceptable to you, you should contact us with any queries, or feedback that you may have, and you can cease use of our website.
TERMS and CONDITIONS
1. Sale and purchase of the Work
1.1. intelligent animal sells the work described in item 1 of the Schedule (Work) to the Purchaser, and the Purchaser buys the Work from intelligent animal, on the terms of the agreement of selling.
1.2. The sale of an art work will result in a commission of 60% to the artist, 25% to the represented organisations conducting protection and 15% to the running of intelligent animal.
2.1. intelligent animal must arrange a suitable method of delivery of the Work to the Purchaser, or the Purchaser must collect the Work, according to item 2 of the Schedule.
3.1. The Purchaser must pay intelligent animal the amount specified in item 3 of the Schedule for the Work (Price), according to the method and by the due date specified in item 4 of the Schedule.
3.2. The Purchaser must pay interest on late payments at the rate of 10% p.a. Interest:
accrues from (and including) the date any unpaid amount is due and is payable to the Artist until the amount is paid in full;
is payable on demand;
accrues daily and is capitalised if not paid every 7 calendar days; and
is calculated on the basis of the actual number of calendar days on which interest has accrued and a 365 days year.
4. Goods and Services Tax
4.1. The parties agree that all amounts payable under this agreement are exclusive of Goods and Services Tax (GST).
4.2. If a party is liable to pay GST in respect of any good or service supplied under this agreement, that party will invoice the other party for the GST amount payable for the good or service and will ensure that the invoice is a GST compliant invoice.
4.3. The party who receives the GST compliant invoice must pay the amount of GST invoiced at the same time as the amount payable under this agreement.
5. Representation and warranty
5.1. intelligent animal represents and warrants that the Artist owns all rights, including copyright, in the Work.
6. Transfer of ownership of the Work
6.1. Subject to clause 6.2, title to the Work passes to the Purchaser when the full Price is paid to the intelligent animal by the Purchaser.
6.2. Risk in the Work remains with the Artist until the Work is delivered to the Purchaser or collected by the Purchaser or the Purchaser’s agent or courier.
7. Copyright and moral rights; Resale of the Work
7.1. The Artist retains all intellectual property, including all copyright, in the Work. Without limiting this, the Purchaser must not reproduce the Work or let anyone else reproduce the Work without the Artist’s prior written consent.
7.2 Art can be displayed for the full duration of a project or when sold be replaced by the artist with another art work, which subject to intelligent animal approval.
a each artist is allowed two art works per project. Art works can be transferred from one project to the next at the discretion of both the artist and intelligent
b intelligent recommend for carrier and shipping insurances art works be
valued at $1500 or less.
7.3. The Purchaser will comply with the moral rights provisions contained within
the Copyright Act 1968 (Cth) in relation to the Artist’s moral rights in the Work.
7.4. If the Purchaser sells the Work to a third party during the term of the Artist’s
copyright in respect of the Work, the Purchaser agrees to pay a resale royalty:
a in accordance with the Resale Royalty Right for Visual Artists Act 2009 or such other artist’s resale royalty scheme in effect under Australian law at the time of such sale; or
b if Australian law does not provide for such a royalty at the time of sale, in an amount of 5% of the sale price exclusive of GST up to a maximum amount of $20,000.
8. Access to the Work
8.1. The Purchaser must give, and use reasonable efforts to make sure that the Artist is given, reasonable access to the Work so that the Artist or the Artist’s representatives can:
a reproduce the Work; and
b include the Work in public exhibitions.
8.2. The Artist:
a must give the Purchaser at least 2 weeks’ written notice that the Artist requires access to the Work and the reasons for the access;
b is responsible for safekeeping the Work while it is in the Artist’s possession or control; and
c is responsible for the return of the Work to the Purchaser or other owner.
8.3. Without limiting any rights that the Artist may have under Australian law, if the Purchaser intends to destroy the Work, or is aware that the Work may be destroyed, the Purchaser must use the Purchaser’s best efforts to give the Artist a reasonable opportunity to document or remove the Work or both, at the Artist’s choice. If the Artist asks the Purchaser to return the Work, the Purchaser will use the Purchaser’s best efforts to return the Work, or arrange for the Work to be returned, at no cost to the Artist.
9.1. If a dispute or disagreement (Dispute) arises between the parties in connection with this agreement:
a one party must notify [each/the] other party in writing about the Dispute (Notice of Dispute); and
b [neither/no] party may start any litigation or arbitration in relation to the Dispute until the parties have complied with this clause.
9.2. The parties should meet within 14 calendar days after receipt of the Notice of Dispute and hold good faith discussions to attempt to resolve the Dispute.
9.3. If the Dispute is not resolved within 28 calendar days after receipt of the Notice of Dispute, the parties agree to submit the Dispute to mediation
according to the Arts Law Centre Mediation guidelines current at that time (Guidelines). These Guidelines are part of this agreement.
9.4. If the parties are not able to agree to a mediator, the Arts Law Centre must appoint a mediator.
9.5. The parties must continue to perform their respective obligations under this agreement despite the existence of a Dispute.
We want you to be satisfied, but there are a few things you need to be made aware of. If you change your mind, free returns are not available.
10.1 Art damaged in shipment will be handled by insurance through the carrier. You'll be fully compensated for any art purchased which is damaged through intelligent animal.
10. 2 Art must be returned via a tracking and insured shipping carrier and the tracking information must be provided to intelligent animal. For items valued under $1500, we use Fastway.
10.3 For art over $1500 we recommend Grace Removals who specialise in art transportation. Buyers and artists must inquire directly to the carrier after completing their purchase with intelligent animal and manage their own contract for packaging and delivery.
For more information on Fastway and their terms and conditions please visit their website: http://www.fastway.com.au
11. General provisions
The parties acknowledge that intelligent animal is an independent contractor and that nothing in these terms and conditions creates any relationship of joint venturers, partnership, agency or employment between the parties.