looked at the link re: consignment contracts.
when I did use galleries I had a contract my invoices stated SALE OR
RETURN IN CONDITION DELIVERED.
The goods were in the gallery in the condition delivered or they
If the goods were not on the premises, e. g. on loan for appraisal
or some such rubbish THEY WERE SOLD AND I DEMANDED PAYMENT.
If the goods were damaged I DEMANDED PAYMENT.
ALSO WHEN USING SALES AGENTS IF MONEY NOT FORTHCOMING ON DUE DATE I
GOT NASTY AND DEMANDED IMMEDIATE PAYMENT OR RETURN OF GOODS.
Three days before I moved 500 miles away from my agent she bounced a
cheque $3000 on my goods.
She knew the money was not there to pay and had done the same to
others I knew who used her, in the end took them for up to $10,000.
I went back to the office and showed her the bounced cheque, stamped
R (returned insufficient funds) from the bank.
She said give me the cheque and I will write you another one. I said
no give me the cash or I will give this to a detective and you will
be arrested. She said she did not like my attitude, and as her
husband had to pay up the cash for the first cheque that bounced only
$300 some misunderstanding with the bank, OK gave her that one.
I said I don’t give a sht you are a fcking crook cash or jail your
choice. She opened a draw and peeled off $3000 from a large wad of
dollars. My friends who dealt with her and “played nice” lost
I even had one wholesale customer write me a cheque from an account
that was closed. The detectives said give her a day to get the money
and tell her I have the cheque. On the agreed day she tried to write
me another cheque. I said the deal was cash and I will ring the
detective and you are in jail. Just pulled the money of a large wad
of dollars and paid.
Most of my customers were honest and paid on time or had a good
reason, e. g. mother died OK that is fair enough.
The odd few who tried to rip me off were dealt with quickly. And at
last resort met my debt collector, a charming Italian gentleman, who
very quietly explained the terms of contract. And asked how it could
be resolved. Softly spoken and exceptionally polite.
Always resolved the issue.
That said those in genuine distressful situations the debt was
wiped. If the sh*t has hit the fan for some poor person I would not
make life worse for them and loses were tax deductible.
It is seller beware out there, stand up for yourself