Strange contract clause..need advice.

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PostStrange contract clause..need advice.

by avatarsw » Mon Feb 21, 2011 7:12 pm

Hi,
I`ve been commissioned to do a lifesize figurative sculpture and am currently reviewing the contract between myself and the client. They have added a warrenty clause to the contract that states:

The Artist warrants that the Work, its components and materials, will (i) be free from defects in design, material and workmanship; (ii) be new unless otherwise agreed to by the parties in writing; (iii) be of good quality; and (iv) conform to the requirements of this Agreement. If, within a period of two (2) years following the completion date (the "Warranty Period") deviations from the above-described requirements ("Defects") in the Work are found, the Artist shall, at its option and expense, correct, repair, modify, or replace such Defect, including, repair, disassembly, transportation, reassembly of any affected portion of the Work, as promptly as practicable upon being given notice thereof and shall demonstrate that such defect has been properly corrected. If, after notice, Artist fails to correct such Defect promptly, Purchaser, at its option, may correct the deviation and the reasonable, direct cost thereof shall be charged to the Artist. The correction of a Defect by the Purchaser pursuant to the previous sentence shall not limit or void Artist's warranty as herein stated.


Is this normal? It sounds pretty risky to me. How can I know how the artwork will be treated once in the clients hands, and then be liable for two years to pay for any defects they say are present.
The client will be able to inspect the work in progress as it is built and also has an option to see it in person before it ships to them(that is stated in the contract). I think that should be enough to satisfy them that it meets there requirements. I will not be on the hook for 2 years, for problems they may cause themselves by not caring for the sculpture properly.

I would like to hear anyones comments on this.

Thanks
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PostRe: Strange contract clause..need advice.

by martinstone » Mon Feb 21, 2011 8:59 pm

My advice is unless they are willing to take this out of the contract stay well clear, I had a client like that once and they were so controlling they wanted most of my artistic choices removed because they felt the work was unfinished, until the work looked nothing like my vision of the piece, its never nice to turn down a commission but believe me in was hell to work for this client and I would never do it again
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PostRe: Strange contract clause..need advice.

by helennock » Tue Feb 22, 2011 4:03 pm

Hi,
Unless you are advertising your work for outdoors and weatherproof, then I wouldn't entertain any such kind of warranty. I make work for outside, and I always list the materials, outline of construction and future maintenance of the work details. Speaking for my own work, I could tell the difference between damage and lack of surface maintenance and it falling apart due to workmanship or faulty materials. In the case of the latter, I would always offer repairs or replacement because I wouldn't expect it to fall apart but nothings guaranteed. The contract sounds rather drastic and verbose. I'd have the same concerns as Martin about the whole commission process....eek!!
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PostRe: Strange contract clause..need advice.

by emilyholsman » Mon Sep 01, 2014 1:39 am

I think it is outrageous that your 'client' would commission a solicitor to draft an agreement that contains a clause such as this.

I suggest you say 'Thanks but no thanks' and explain the fact that you are very concerned and offended by this clause in particular.
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