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★ Art sales contract
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★ Model contract for copyright transfer of works
★ Self-funded publishing contract of books and works
Model text of sales contract for calligraphy and painting works (1)
Seller (hereinafter referred to as Party A):
ID number:
Address:
Contact information:
Buyer (hereinafter referred to as Party B):
ID number:
Address:
Contact information:
On the basis of voluntariness, equality and mutual benefit, through friendly negotiation, Party A and Party B have reached the following agreement on the sale of works agreed in this contract by Party A to Party B:
Article 1 General situation of the project
Risk warning: subject information
In the sales contract, it should be stipulated in the contract according to the type of the subject matter. Prevent disputes arising from unclear product agreements.
The quantity and price should be clear, including the unit of measurement of the amount. Most things need mutual consent. At the same time, the unit price, total price, currency, payment method and procedure of the subject matter should be indicated, and all items must be clearly filled in without ambiguity.
Serial number:
Author/year:
Name of the work:
Quantity:
Unit:
Specifications and dimensions:
Texture:
Save the status quo:
Flaws:
Remarks:
Article 2 Ownership of Works
Party A shall guarantee the ownership and right to dispose of the works listed in Article 1 of this contract, as well as the right to resist any third party, and at the same time, Party A shall truthfully disclose the defects of the works.
Article 3 Transaction price
Upon confirmation by both parties, the total transaction price of this contract is RMB _ _ _ _ _ _ _ _. Both parties shall keep the transaction price agreed in this contract confidential, and either party shall be liable for compensation for losses caused to the other party by the disclosure of the transaction price.
Article 4 Payment Terms
Risk warning: Pay the price
In practice, some sales contracts simply stipulate the amount of contract money, but do not stipulate the time and method of payment. This loophole will find an excuse for the payer not to pay or to delay payment indefinitely.
In addition, the buyer should try to pay by bank transfer. Clear the specific terms and conditions of payment, as simple, clear and easy to implement as possible, to avoid the risk that the dunner cannot claim payment because he can't prove that the payment conditions have been reached. Set a clear responsibility for breach of contract for overdue payment, and effectively urge or deter the payer of the contract.
Party B shall pay the above amount to Party A's bank account before _ _ _ _.
Article 5 Delivery and acceptance of the project
Risk warning: time limit, place and method of performance.
The time limit, place and method of performance should be clear, and whether the mode of performance is delivery or self-delivery involves not only the bearing of transportation expenses, but also the bearing of the risk of damage or loss of goods in transit; Unclear performance period will seriously affect the smooth performance and implementation of the contract, resulting in disputes such as overdue delivery. It is also easy to cause controversy if the contract is performed at an unknown place.
For example, some contracts have vague stipulations on the time limit for performance, such as "performance is completed within one month", but there is no stipulation on when to calculate a month, which will easily lead to ambiguity between the two parties and make favorable explanations for themselves; If the time limit is clearly stated and agreed to be fulfilled before a certain day of a certain year, a certain month, a certain day, ambiguity will be avoided.
Party A shall deliver the project to Party B within _ _ days from the date of signing this contract. Party A and Party B shall carry out acceptance at the time of delivery:
1. Acceptance method: confirmed by both parties in writing.
2. Acceptance criteria: It conforms to the general situation of the works listed in Article 1 of this contract, including the author, year, specification, texture, preservation status, defects and remarks.
3. After acceptance, Party A and Party B confirm the delivered works by signing the photos of the front view, top view and left view of the works.
Article 6 Suspension of trading
Party B has the right to suspend the transaction under the following circumstances: there is evidence that the work is untrue in terms of ownership, authenticity and defect disclosure. If the above situation is true, Party B has the right to terminate the contract. If Party B has paid the transaction amount, Party A shall return it within _ _ _ days; if it fails to return it within the time limit, Party A shall bear the liquidated damages at the rate of _ _ _ _ _ per day.
Article 7 Party A's recovery responsibility.
After the termination of the contract, Party A shall take back the works within _ _ _ days; If it is not retrieved within the time limit, Party B may charge a reasonable storage fee. If Party A requests to take it back by mail, it shall submit it to Party B in writing. The mailing and insurance expenses shall be borne by Party A, and Party B shall not be liable for losses after the goods are delivered to the carrier.
Article 8 Liability for breach of contract
Risk warning: liability for breach of contract
The liability for breach of contract should be stipulated, which can be effectively implemented to avoid disputes. Many contracts do not stipulate the liability for breach of contract or the agreement is too vague and not operable. For example, some contracts stipulate that "breach of contract and payment of liquidated damages of 654.38 million yuan" is too general and difficult to operate in practice.
Specifically, it should be clear which agreement of the contract has been violated and what kind of liability for breach of contract should be borne, such as: quality discrepancy, quantity discrepancy, failure to pay in full and on time, failure to deliver in time, etc. The corresponding liability for breach of contract should be formulated according to different breach of contract situations. In addition, the amount of liquidated damages should be specific and numerical, so as to claim compensation from the breaching party.
1. If Party A's disclosure of the ownership, authenticity and defects of the works is inaccurate, both parties shall compensate Party B according to the transaction price agreed in this contract.
2. If Party B fails to pay the transaction amount as agreed, it shall pay the liquidated damages in the proportion of _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _.
Article 9 Force Majeure
Force majeure as mentioned in this contract refers to unforeseeable, insurmountable and unavoidable objective events that have a significant impact on one party, including but not limited to natural disasters such as floods, earthquakes, fires and storms, and social events such as wars, turmoil and government actions.
If the contract cannot be performed due to force majeure, the force majeure party shall immediately notify the other party of the accident in writing, and shall provide the details of the accident and the written materials of the inability to perform or the need to postpone the performance of the contract within _ _ _ _ days after the end of the force majeure. With the consent of both parties, the contract can be terminated or temporarily postponed.
Article 10 Notice
1. All notices required under this contract, document exchange between both parties and notices and requirements related to this contract must be in written form and can be delivered by _ _ _ (letter, fax, telegram, face-to-face delivery, etc.). ). If the above methods cannot be delivered, you can take the form of announcement.
2. If one party changes its notice or mailing address, it shall notify the other party in writing within _ _ _ days from the date of change; Otherwise, the uninformed party shall bear the corresponding responsibilities arising therefrom.
Article 11 Interpretation
The understanding and interpretation of this contract should be based on the purpose of the contract and the original intention of the text. The title of this contract is only for the convenience of reading and shall not affect the interpretation of this contract.
Article 12 Supplement and Annex
Matters not covered in this contract shall be implemented in accordance with relevant laws and regulations. Where there are no provisions in laws and regulations, both parties may reach a written supplementary agreement. The annexes and supplementary agreements of this contract are an integral part of this contract and have the same legal effect as this contract.
Article 13 Handling of disputes
Risk warning: dispute resolution
In case of dispute between the two parties to the contract, if negotiation fails, they can only resort to arbitration institutions or courts. Then the specific choice of which method needs the consensus of both parties. If you choose an arbitration institution, you must make it clear which arbitration commission it is, otherwise the agreed terms will be invalid because the agreement is not clear.
Of course, both parties can also agree on the jurisdiction court, and the agreed court can only choose one of the court where the defendant is located, the court where the plaintiff is located, the court where the contract is performed, the court where the contract is signed, and the court where the subject matter is located. Otherwise, the clause is invalid.
Disputes arising from the performance of this contract shall be settled by both parties through consultation or mediation by relevant departments; If negotiation or mediation fails, it shall be settled in the following way:
(1) Submit to _ _ _ _ _ _ _ Arbitration Commission for arbitration;
(2) Bring a lawsuit to the people's court of the place where the contract is signed.
Article 14 the validity of the contract
This contract shall come into effect as of the date of signature by both parties. The period of validity is _ _ _ _ years, from _ _ _ years to _ _ _ _ years.
The original of this contract is in duplicate, each party holds one copy, which has the same legal effect.
Risk warning: evidence retention
Pay attention to save and collect written, video and audio materials such as supplementary agreements, delivery notes, purchase and sale vouchers, invoice receipt records, correspondence, memos, meeting minutes, faxes, traffic tickets, transportation tickets, telephone records, emails, etc. In case of dispute, the evidence may become strong factual evidence.
Party A (signature):
_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _
Party B (signature):
_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _
Model Contract for the Sale of Calligraphy and Painting Works (2)
Buyer (hereinafter referred to as Party B): Jia Jinli Contact:
Based on the principles of voluntariness, equality and mutual benefit, Party A and Party B have reached the following agreement and contract on the sale of works agreed in this contract by Party A to Party B through friendly negotiation.
I. General situation of the project
Second, the ownership of the work.
Party A guarantees that it has the ownership and the right to dispose of the works mentioned in Article 1 of this contract, and has the right to oppose a third party, and at the same time, Party A shall truthfully explain the conditions and defects of the works.
Third, the transaction price
Upon confirmation by both parties, the total transaction price of this contract is RMB 5,000,000.00 Yuan (Wu Bai ten thousand yuan only), and both parties are obliged to keep the transaction price and other matters agreed in this contract confidential. Any party who divulges the information in this contract shall be liable for the losses caused to the other party. Four. Payment method Due to Party B's funds, both parties agree to pay the above amount to Party A's bank account within five months after the signing of this agreement.
Verb (abbreviation for verb) Delivery and acceptance of the project.
Party A shall deliver the project to Party B within five days after signing the contract. Party A and Party B shall conduct on-site acceptance at the same time of project delivery.
1. Acceptance method: determined by both parties in writing.
2. Acceptance criteria: in line with the general situation of the projects listed in Article 1 of this contract.
3. After acceptance, Party A and Party B shall confirm the project and sign the front, top and bottom photos for confirmation.
6. Termination of the transaction
1. Party B has the right to terminate the transaction under the following circumstances: there is evidence that the work is untrue in terms of ownership, authenticity, defects and omissions. If the above situation is true, Party B has the right to terminate the contract.
2. If Party B fails to pay the project payment within the time stipulated in the contract, Party A has the right to terminate the contract and ask Party B to return the project.
Seven. responsibility for breach of contract
1. If the ownership, authenticity, defects and omissions of the works are untrue, Party A shall compensate Party B according to the transaction price agreed in this contract.
2. If Party B fails to pay the money as agreed in the contract, it must return the paintings within 7 days as agreed in the contract, otherwise, in addition to returning the works, it will also compensate Party A for 50% of the total contract price as liquidated damages.
Eight. force majeure
Force majeure as mentioned in this contract refers to unforeseeable, insurmountable and unavoidable objective events that have a significant impact on one party, including but not limited to natural disasters such as floods, earthquakes, fires and storms, and social events such as wars, turmoil and government actions. In case of force majeure, which prevents the normal performance of the contract, the party that occurs shall notify the other party in time, negotiate the termination or extension agreement of the contract in time, and make a written contract annex.
Nine. Supplements and annexes
Matters not covered in this contract shall be implemented in accordance with relevant national laws and regulations. Unless otherwise specified, Party A and Party B shall reach a written supplementary agreement through friendly negotiation. As an integral part of this contract, this agreement and other supplementary materials have the same legal effect as this contract.
X. Effectiveness of the contract
This contract shall come into effect as of the date of signature by both parties. This contract is made in duplicate, one for each party, with the same legal effect, and shall come into effect after being signed and sealed (handprint).
XI。 settlement of dispute
Any dispute arising from the performance of this contract shall be settled by both parties through friendly negotiation or mediation by relevant departments; If negotiation or mediation fails, a lawsuit shall be brought to the people's court where Party A is located according to law.
Party A: Party B:
date month year
Model text of sales contract for calligraphy and painting works (3)
Buyer: (hereinafter referred to as Party A)
Seller: (hereinafter referred to as Party B)
Party A and Party B have reached the following agreement on the purchase and sale of oil paintings for mutual compliance:
1. Party A voluntarily buys a pair of Chinese paintings owned by Party B, and the author is a Chinese painting named: (hereinafter referred to as painting). The knock-down price is RMB ten thousand Yuan only (in figures: ten thousand Yuan), which is sold to Party B. ..
2. Chinese paintings shall be delivered to Party B when the sales contract comes into effect, and Party B shall be responsible for the acceptance, and pay a one-time purchase fee of RMB 10000 yuan to Party A..
Party A promises that this Chinese painting is authentic. If it is found to be false, Party A shall bear the corresponding liability for breach of contract and criminal liability, and return all the contract amount to Party B. Party B promises not to sell, transfer or give away this contract within two years after it takes effect, and it can be disposed of freely after two years.
Four. This contract shall come into effect after notarization.
Party A: Party B:
Signing time: year month day
Model Text of Sales Contract for Calligraphy and Painting Works (4)
Client of Party A: _ _ _ _ _ _ (artist himself)
Payee of Party B: _ _ _ _ _ _ (Company)
Based on the principle of equality, cooperation, mutual benefit and common development, the two parties, after full consultation, signed the following terms of the cooperation agreement for common compliance.
I. Responsibility of Party A
1. When Party A entrusts Party B as the marketing partner of artistic works, both parties must sign this entrustment agreement and carefully fill in the list of entrusted sales of works. Party A agrees to give Party B the most favorable treatment, and the price of the entrusted sales order must be lower than the transaction price directly sold by Party A to the market in the same period (otherwise, it will be regarded as Party A's breach of contract). This agreement and consignment list are the legal basis and settlement basis for business dealings between Party A and Party B. ..
2. Party A guarantees that the works of art entrusted to Party B for promotion and sales should be the fine works and masterpieces of the painter himself (please specify the works for co-creation). If Party B's commercial reputation is affected by Party A's provision of counterfeit works of inferior quality, Party B has the right to unilaterally terminate the execution of this agreement and demand the return of the transaction amount of the works of art and compensation for losses.
3. Party A may choose to keep the artwork by itself or entrust Party B to keep it, and Party A shall notify Party B to delete the record within days of selling the artwork by itself.
4. When handing over the work, Party A shall sign the work certificate to ensure the authenticity of the work.
5. Party A agrees to attend the teaching as a visiting professor (or participate in the exhibition sponsored by Party A) at the convenience of Party B, and the salary is _ _ _ _ _ _ _ _ _ _ _ _ _.
II. Responsibility of Party B
1. Party B is responsible for introducing Party A's artistic works and sales information to domestic and foreign painting and calligraphy collections, art galleries and national franchise stores in a timely manner, and can directly market painting and calligraphy works according to the acceptance form of sales of painting and calligraphy works entrusted by Party A.. Commission of Party B:
(1) Party B shall charge% of the total market sales of Party A's works as work commission.
(2) Party B shall increase the agency commission on its own according to the consignment price of the consignment list provided by Party A. The market selling price of Party B's works shall not be lower than the price entrusted by Party A (otherwise, it will be regarded as a breach of contract).
2. Party B is responsible for providing Party A with an online publicity platform, designing and making personal art exhibition halls for painters, providing art exhibition space (20- 100 works space database) that can meet the needs of market promotion and sales of painters, and providing personal promotion pages for painters. Responsible for the modification and maintenance of personal art web pages, and provide corresponding technical support in a timely and effective manner.
3. Party B has the obligation and responsibility to keep, sell and settle the integrity of the artworks entrusted by Party A and the unsold artworks ... If Party A's artworks are damaged or lost due to Party B's artificial reasons, Party B shall make compensation as agreed by both parties to ensure the economic interests of the painter and calligrapher.
4. Party B shall notify Party A within _ _ _ _ working days after selling the artwork, and pay off all the money belonging to Party A within _ _ _ _ working days.
5. Party B shall assist Party A in introducing Party A's works to the exchange meeting and its international market alliance institutions.
3. After Party A agrees that the works are sold, Party B shall pay taxes according to the transaction amount and deduct the agreed commission, and the balance shall be returned to Party A as agreed.
Four. After the two parties sign the consignment agreement, the responsibilities and obligations of both parties have legal effect. Consignment list is the legal basis for the settlement of business transactions between the two parties.
5. During the validity of this agreement, if either party breaches the contract and causes economic losses to the other party, the breaching party shall compensate the other party according to the actual loss value.
This agreement is made in duplicate, one for each party. In order to facilitate the signing of the contract between Party A and Party B in different places, this supplementary agreement and the fax of the consignment order have the same legal effect as this agreement (subject to the signature and seal of this agreement).
Seven. The signing time of this Agreement shall come into effect on _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _
Signature (seal) of Party A: _ _ _ _ _ _ _ _ _ _ _
ID number: _ _ _ _ _ _ _ _ _ _ _
Tel: _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _
Signature (seal) of Party B: _ _ _ _ _ _ _ _ _ _ _
License number: _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _
Tel: _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _
Model text of sales contract for calligraphy and painting works (5)
Auctioneer (Party A):
Customer (Party B):
According to the Auction Law of People's Republic of China (PRC) and the principle of seeking truth from facts and abiding by each other, the two parties reached the following agreement through consultation for mutual compliance:
1. If Party B has no special instructions, Party A will regard it as the legal property owner. If it is owned by * * *, the client's explanation also shows that the consent of * * * has been obtained.
2. When Party B brings the subject matter into China from abroad and entrusts Party A with the auction transaction, if it is a work of art prohibited by the China government, it must be stamped by the customs of People's Republic of China (PRC) and China, otherwise it will be deemed invalid.
3. Party B must have complete ownership and disposition of the subject matter entrusted to Party A for auction, and bear legal responsibility for all disputes about the ownership and disposition of the subject matter caused by exhibition, publicity, publication and auction. If Party A's economic losses and reputation losses are caused by this, Party B shall make compensation.
Four. Party B shall truthfully introduce or provide the defects, authors, professional titles and other relevant information of the entrusted subject matter, and bear legal responsibilities for this.
Verb (short for verb) storage method:
1. Party A's custody: Party B will give the subject matter to Party A's custody.
2. Party B shall keep it by itself and provide convenience for sample inspection and delivery.
3. During storage, the safekeeping party shall bear all responsibilities.
The auction reserve price of the subject matter entrusted by intransitive verbs shall be determined by both parties through consultation. Once the reserve price is determined, neither party has the right to change or disclose the reserve price of the auction by itself, and offenders will bear all responsibilities.
Seven. Party A has the right to decide the following matters at its own discretion:
1. Whether the entrusted subject matter is suitable for auction place, auction date, auction conditions and auction method;
2. Describe the content of the target organization in various forms;
3. Modify the auction starting price at any time before the auction;
4. Production, arrangement and printing of auction materials.
Eight. After the auction is completed, Party B shall pay _ _ _ _ _ _% of the auction commission and _ _ _ _ _ _ _% of the business tax (withholding) insurance premium, appraisal fee, storage fee and other related expenses according to the auction transaction price; If the auction fails, Party A shall pay the insurance premium, appraisal fee, insurance premium and other related expenses at _ _ _% of the reserve price.
Nine. Party B shall pay the catalogue fee of RMB _ _ _ _ _ _ _.
Ten, failed to sell the target processing:
1. If the subject matter cannot be sold, Party B shall collect the subject matter at its own expense within 30 days from the date of Party A's notice. After the expiration of the collection period, Party A has the right to sell the subject matter at the price that Party A thinks fit in any way, and has the right to deduct all the expenses payable by Party B and all other reasonable expenses from the sales income, and pay the balance to Party B. ..
2. If Party B fails to collect the subject matter for more than 30 days, Party B shall be responsible for any accidents caused thereby. If Party B requests Party A to assist in returning the auction items, it shall notify Party A in writing, and the expenses and risks of return shall be borne by Party B.. Under normal circumstances, insurance is not required during transportation, except for the insurance premium specified by Party B for individual subject matter. ..
Xi。 Payment settlement: After the auction of the target is completed, Party A shall settle the payment with Party B within _ _ _ _ days after receiving the payment from the buyer.
12. If Party B terminates the entrustment, it shall put forward in writing before Party A issues the auction announcement, and pay _ _ _ _ _% of the handling fee and bear relevant expenses at the reserved price; If there is no reserve price, Party B shall pay Party A a handling fee of RMB _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _
To announce the reasons for the entrustment and bear all the expenses.
13. Both parties shall bear civil liability for the authenticity of the auction target. Matters not covered shall be handled in accordance with relevant state regulations.
14. This agreement is made in duplicate, each party holds one copy, and the seal is valid.
Party A (signature and seal):
Legal representative or authorized agent:
_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _
Party B (signature and seal):
Legal representative or authorized agent:
_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _
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