GENERAL TERMS AND CONDITIONS FOR REPRODUCTION AND IMAGE SUPPLY
1.Acceptance 1.1 The Client agrees to comply with the following Terms and Conditions. If these Terms are not deemed satisfactory, the Client must, at the Client´s cost, return to Crawford Art Gallery, Cork all the images supplied no later than three days after receipt.
1.2 The reproduction of any image implies acceptance of the terms set out below.
2.Definitions 2.1 In these Terms and Conditions the term ‘Image´ includes a photograph, transparency, digital image, negative, design, artwork, painting, engraving or any item which may be offered for the purposes of reproduction.
3.Delivery 3.1 The Client may hold the Images for a period of three months from the date of delivery unless agreed otherwise, after which, they must be promptly returned to Crawford Art Gallery, Cork by the Client at their cost. Failure to do this will imply that the Images are lost and a full loss fee will be charged in accordance with these Terms and Conditions.
4.License 4.1 Permission to reproduce the Images is strictly limited to the specific occasion detailed on the license.
4.2 No rights to the Client in this agreement granted may be assigned, loaned or transferred to any third party.
4.3 We cannot supply transparencies to companies or individuals operating a photograph hire/sales service.
4.4 All rights are non-exclusive.
4.5 Any reproduction must be a true representationof the original work.
4.6 Crawford Art Gallery, Cork reserves the right to request a colour proof of any reproduction of an Image prior to printing. Crawford Art Gallery, Cork can at it´s discretion, withhold the right to reproduce the Image granted herein if the quality of the reproduction falls below any standard
as set by Crawford Art Gallery, Cork.
4.7 The artwork must not be masked out, cut down, superimposed with type or other material or in any way defaced without prior written permission of Crawford Art Gallery, Cork with the exception of colour bars.
4.8 Application to reproduce a detail of a work will be considered, but permission must be specifically granted in writing. If permission is granted, the picture credit must include the wording ‘a detail from´.
5.Copyright and Publication Right 5.1 Crawford Art Gallery, Cork reserves copyright on all transparencies or films made in the gallery.
5.2 Crawford Art Gallery, Cork takes no responsibility for any additional copyrights in the material, eg artist´s copyright. It is the Client who must satisfy himself that any additional consents required for reproduction are obtained.
6.Payment 6.1 Permission to reproduce is only granted after a fee has been agreed, invoiced and fully paid. Crawford Art Gallery, Cork reserves the right to refuse permission for reproduction if an invoice relating to reproduction remains unpaid.
6.2 If after such invoicing but before payment the Client requests cancellation of the reproduction rights Crawford Art Gallery, Cork may in it´s discretion cancel subject to the client paying a cancellation fee.
6.3 Failure to include a credit line will result in an additional charge of 50% of the original fee.
6.4 Without prejudice to any other right Crawford Art Gallery, Cork may have, in the event that an Image is lost or damaged, the Client will be charged a replacement fee of €200.00+VAT per image. What constitutes damage will be
at the sole discretion of Crawford Art Gallery, Cork.
6.5 All invoices must be settled in full within 30 days of invoice date using one of the methods set out on the invoice. Payment must cover the full invoiced sum plus all bank charges and local taxes.
6.6 Unless otherwise agreed, two copies of any product, publication or publicity material containing a reproduction of the Image must be supplied to the Crawford Art Gallery, Cork within two weeks of publication or production, as the
case may be.
7.Indemnification 7.1 The Client agrees to indemnify Crawford Art Gallery, Cork in respect of any claims or damages or any loss or costs arising in any manner from the reproduction of Images unless granted under the terms of these
Terms and Conditions.
8.Termination 8.1 These Terms and Conditions will terminate within 28 days if (a) a client enters into voluntary or compulsory liquidation (b) has a receiver appointed; or (c) if the client fails to perform any of its obligations under this Agreement
and any further exploitation of any image created shall constitute an infringement of copyright.
8.2 Except for any liability which cannot by law be excluded or limited, the Crawford Art Gallery, Cork shall not be liable to the Client or any other third party claiming through it for indirect, incidental, special or consequential damages arising out of, or relating to the use of the Images, whether
framed as a breach of warranty, in tort, contract, failure of essential purpose, or otherwise. In no event shall Crawford Art Gallery, Cork´s liability for any Image provided here under exceed the charges and fees for such an Image set out in these Terms and Conditions or any related agreement.
9.General 9.1 Nothing in these Terms and Conditions constitutes a partnership, agency relationship or joint venture between the parties.
9.2 The Client shall not use the name Crawford Art Gallery, Cork or any similar name in any manner in connection with any image, except as expressly set out in these Terms and
Conditions or as agreed by Crawford Art Gallery, Cork.
9.3 Crawford Art Gallery, Cork´s failure to exercise or enforce any of it´s rights under these Terms and Conditions (or otherwise) will not be deemed to be a waiver of any such rights nor will that failure operate so as to bar the exercise or enforcement of those rights at any future time.
10.Law 10.1 The laws of Ireland and the parties to these terms shall govern these Terms and Conditions and agree to submit to the jurisdiction of the Irish courts.