Conditions of Business for Consignment Advisory

1. Scope of Engagement

These Conditions apply when Chrissy Moore Art Advisory (“CMAA”, “we”, “us”) is retained by a client (“you”, “the Client”) to manage the resale or consignment of artwork on your behalf.

By engaging CMAA for consignment services, you agree to be bound by these Conditions of Business.

CMAA acts as an independent advisor and sales facilitator and does not take ownership of works unless explicitly agreed in writing.

2. Role of CMAA

CMAA will act as your representative in promoting and offering the artwork for sale. Our services may include artwork evaluation, pricing strategy, buyer outreach, negotiation, and facilitation of transactions.

CMAA reserves the right to determine the timing, format, and method of sale (e.g., private placement, gallery partnership, fair presentation), while consulting you where appropriate.

Unless otherwise agreed, CMAA does not take physical possession of the artwork or hold client funds directly.

3. Commission and Fees

CMAA will charge a commission on the final agreed sale price of the artwork. The standard rate is between 10–25%, depending on the nature, value, and complexity of the sale, and will be agreed in writing in advance.

No commission is payable if a sale is not completed. If CMAA’s efforts result in a sale, commission is due upon receipt of payment from the buyer.

Any additional agreed costs (e.g., framing, photography, promotion, insurance) will be itemised and pre-approved by the Client.

4. Client Responsibilities

The Client confirms that they are the legal owner of the artwork and have full authority to sell it.

The Client agrees to provide:
- Complete and accurate details about the artwork (title, artist, provenance, dimensions, condition, authenticity)
- Any certificates, documentation, or prior sales history if relevant
- High-quality images, unless CMAA is commissioned to produce these

The Client must not enter into separate negotiations or sales agreements for the same artwork without CMAA’s knowledge during the term of engagement.

5. Offers and Transactions

CMAA will present serious offers to the Client for approval and will not conclude a sale without prior consent unless otherwise authorized in writing.

Once an offer is accepted, CMAA will assist with contract preparation and transaction coordination.

CMAA may invoice the buyer and manage the flow of funds if agreed. Net proceeds (less commission and expenses) will be paid to the Client within 30 days of receipt.

6. VAT and Taxes

Unless otherwise stated, all commissions and service charges quoted by CMAA are exclusive of Value Added Tax (VAT).

Where applicable, VAT will be added at the prevailing rate and clearly itemised on invoices.

The Client is responsible for any local taxes, capital gains, or reporting obligations that may arise from the sale.

If the Client is based outside the UK and VAT is not chargeable (e.g., under reverse charge or exemption rules), CMAA may request documentation to support the applicable treatment.

7. Insurance and Risk

The Client is responsible for insuring the artwork until the point of delivery to the buyer, unless otherwise agreed in writing.

If CMAA arranges shipping or storage, appropriate care will be taken, but liability is limited unless insurance is arranged through CMAA or a third party.

8. Anti-Money Laundering Compliance and KYC

In accordance with the UK’s implementation of the Fifth Anti-Money Laundering Directive (5AMLD), Chrissy Moore Art Advisory (“CMAA”) is required to conduct Know Your Customer (KYC) checks on all clients involved in consignment sales.

All clients agree to cooperate with these checks by providing specific information and documentation, which may include:
- A valid photo identification document (such as passport or driver’s license)
- Residential address and proof thereof (such as utility bill or bank statement)
- Date of Birth
- Gender
- Nationality

CMAA will store this information securely and process it solely for the purposes of regulatory compliance and due diligence. Failure to provide the required information may delay the start of services or result in the termination of the engagement.

9. Termination

Either party may terminate this engagement with 14 days’ written notice.

If a serious buyer has already been identified or negotiation is underway, CMAA reserves the right to complete the sale and receive the agreed commission.

CMAA may terminate the agreement immediately in cases of misrepresentation, breach of terms, or reputational risk.

10. Governing Law and Jurisdiction

These Conditions are governed by and construed in accordance with the laws of Scotland.

Any disputes arising out of or in connection with these Conditions shall be subject to the exclusive jurisdiction of the Scottish courts.