GENERAL TERMS AND CONDITIONS FOR ART RENTAL

1. DEFINITIONS

In these General Terms and Conditions, the following terms shall be defined as follows:
a. Loan Agreement: the agreement entered into between Kunstpunt Groningen and the Borrower, under which the Borrower has the right to borrow works of art which are the property of the Municipality of Groningen* or the artist upon payment of the Lending Fee;
b. Kunstpunt Groningen: the Kunstpunt Groningen Foundation
c. Private individuals: borrowers with whom Kunstpunt Groningen has entered into a Loan Agreement for Private Individuals.
d. Companies and institutions: borrowers with whom Kunstpunt Groningen has entered into a Loan Agreement for Companies and Institutions.
e. Borrower: The Private Individual, Company, Institution or Municipality with which Kunstpunt Groningen has entered into a Loan Agreement.
f. Parties: Borrower and Kunstpunt Groningen.
g. Loan Fee: the amount of money that the Borrower must pay Kunstpunt Groningen per month or per quarter in order to borrow a work of art. In the case of the Borrow and Save subscription, part of the Lending Fee may be designated as a Collection Credit. The current method for calculating the Lending Fee can be found at www.kunstpuntgroningen.nl/kunst-in-huis
h. Collection Credit: the balance that the Borrower accrues with the Save and Borrow subscription. The accrued credit can be used to purchase a work of art or another item, with the exception of works from the Studio Collection.
i. Studio Collection: Specifically designated works of art that Kunstpunt Groningen has on consignment from artists. Works from this collection can be borrowed and/or purchased, but Collection Credit cannot be accrued for them.
j. Sales price: the sales price of the work of art as determined by Kunstpunt Groningen/the artist.

* The Municipality of Groningen has appointed Kunstpunt Groningen as the party that is able to and has the authority to lend and sell the works of art owned by the Municipality of Groningen.

2. SCOPE

Unless expressly agreed otherwise in writing, these General Terms and Conditions shall apply to all Loan and Sales Agreements with Kunstpunt Groningen.

3. LOAN AGREEMENT

1. A Loan Agreement is only entered into with members of Kunstpunt Groningen.
2. A Loan Agreement may be entered into or terminated on any date. The Loan Agreement for the Studio Collection is entered into for a minimum of six (6) months and a maximum of twelve (12) months. After this period, the Loan Agreement may be extended again for a maximum of twelve (12) months in consultation with the artist.

4. MEMBERSHIP

1. Members of Kunstpunt Groningen may be natural persons or legal entities.
a. Membership of Kunstpunt Groningen entitles the member to enter into a Loan Agreement.
b. Members receive a members’ benefit. An overview of members’ benefits will be posted on the Kunstpunt Groningen website.
c. Membership runs concurrently with the calendar year. The membership is renewed automatically for a period of one (1) year each time.
d. Membership is terminated in writing or by e-mail and must be received by Kunstpunt Groningen no later than 30 November of the current calendar year.
e. Membership is strictly personal and cannot be transferred.
f. Kunstpunt Groningen is entitled to adjust the amount of membership fees every new calendar year. The current membership fee is listed at www.kunstpuntgroningen.nl
g. Members are responsible for providing changes to their contact details in good time.
h. Personal data will only be used by Kunstpunt Groningen for the execution of agreements with members. Kunstpunt Groningen does not provide any personal data to third parties, except for legal obligations.
2. When registering, the Borrower pays the Membership Fee for the current calendar year once via iDeal, or by bank card at the Kunstpunt counter. After renewal, the Membership Fee for the new calendar year will be collected by direct debit.
3. Termination of membership also entails termination of the Loan Agreement, without prejudice to the provisions in Article 6.

5. PAYMENTS

1. Borrowers are liable for Loan Fees.
2. The Collection Credit can be reserved for the purchase of a work of art with the exception of works from the Studio Collection. The way in which Collection Credit is accrued is published on the website.
3. Payment for Private Individuals is only possible via direct debit authorisation from the bank.
4. Companies and institutions receive an invoice with the Loan Fee for a quarter, which must be paid in advance within 14 days after the invoice date. If the Borrower has not paid the invoice within the set term, Kunstpunt Groningen will declare the Borrower in default and send a payment reminder.
5. If the Borrower has not paid his/her claim in full within the term set in the reminder, Kunstpunt Groningen reserves the right to dissolve the Loan Agreement. Upon termination, the loaned artworks in the possession of the Borrower must be returned to Kunstpunt Groningen immediately. The Borrower is liable for all extrajudicial costs or collection costs of Kunstpunt Groningen. The Borrower shall also be obliged to pay the actual legal costs and lawyer’s fees if, in the event of legal proceedings, the order to pay costs is less than this amount.
6. Kunstpunt Groningen reserves the right not to enter into a new Loan Agreement with Borrowers with outstanding debts, or to lend out new works of art.

6. TERMINATION, CANCELLATION AND DISSOLUTION

1. Cancellation and thereby termination of the Loan Agreement by the Borrower is only possible upon return of all borrowed works.
2. Kunstpunt Groningen may cancel the Loan Agreement at any time if the Borrower fails to comply with any provision of the General Terms and Conditions or of the Loan Agreement.
3. In case of liquidation, suspension of payment or bankruptcy (or requests to this end), attachment at the expense of the Borrower, debt rescheduling or any other circumstance due to which the Borrower is no longer freely able to dispose of his assets, Kunstpunt Groningen may terminate the agreement with immediate effect and thereby terminate the agreement or cancel the order, without any obligation on its part to pay any compensation or indemnification. In that case, all claims of Kunstpunt Groningen on the Borrower will be immediately due and payable.
4. If the artwork/artworks have not been returned to Kunstpunt Groningen within fourteen (14) days after the termination or dissolution of the agreement, the Borrower shall forfeit a daily penalty of 1% of the value of the works of art. In addition to this penalty, the Borrower shall remain liable for the arrears in the loan payment based on the agreement and for compensation based on the law for the actual damage suffered by Kunstpunt Groningen.

7. TRANSPORT

1. When in transit, the Borrower undertakes to protect the work against damage, rain etc.
2. Damage to the work of art during the loan period and transit from and/or to Kunstpunt Groningen will be borne by the Borrower.

8. STUDIO COLLECTION LOAN PERIOD

1. The minimum Loan Period for a work of art from the Studio Collection is six (6) months and the maximum is twelve (12) months. After this period, the Loan Agreement may be extended again for a maximum of twelve (12) months in consultation with the artist.

9. OBLIGATIONS AND LIABILITY OF THE BORROWER

1. Borrower has a duty of care for borrowed works. Borrower must do or refrain from doing anything to keep the works of art in good condition. This includes, in any case, that the works may not be hung, erected or installed in the immediate vicinity of a heat source or in a damp place. In addition, they should be protected from direct sunlight as much as possible. The Borrower shall provide a proper suspension system at home.
2. Borrower shall be fully liable for any damage or loss of works irrespective of the cause of such damage or loss.
3. This liability shall apply from the time the work is received. The liability ends the moment the work is returned and checked at Kunstpunt Groningen.
4. The Borrower is obliged to inform Kunstpunt Groningen immediately of any damage to or loss of a work of art.
5. The Borrower is not permitted to carry out repairs him or herself or to have them carried out.
6. In the event of irreparable damage, the Borrower shall be liable for the full Sales Price of the work of art.
7. The Borrower must take out insurance to cover the total Sales Price of the borrowed works on his or her own. The borrowed works are not insured by Kunstpunt Groningen.
8. The Borrower is not entitled to store borrowed works at an address other than their own home or business address or to make the borrowed works available to others or to reproduce the works of art or have them reproduced.
9. If Kunstpunt Groningen asks the Borrower to surrender loaned work for whatever reason, including within the loan period, the Borrower is obliged to comply with this upon the initial request.
10. In the event of seizure at his or her expense or in the event of the filing of a petition for bankruptcy or actual bankruptcy, the Borrower is obliged to inform the seizing bailiff or the trustee in bankruptcy that the works in his possession are not his property, by submitting the proof of borrowing from Kunstpunt Groningen.

10. COLLECTION CREDIT

1. Unless stated otherwise, Kunstpunt Groningen also offers its works of art for sale. Please consult Kunstpunt Groningen for the sales prices. The Borrower who has the work of art in his or her possession has the first right of purchase.
2. The Collection Credit can only be used to purchase a work of art or an item. Works of art belonging to the Studio Collection cannot be purchased using Collection Credit.
3. The Collection Credit accrued by the Borrower is managed by Kunstpunt Groningen and remains at the disposal of Kunstpunt Groningen.
4. The Borrower may use its Collection Credit in accordance with the provisions of paragraph 1 for a period of five (5) years after termination of the Loan Agreement at the latest. The Collection Credit can be used for any work of art with the exception of works from the Studio Collection.
5. Five (5) years after termination of the Loan Agreement, the Collection Credit will lapse to Kunstpunt Groningen.
6. Collection Credit can only be used if the Borrower has fulfilled all obligations arising from these General Terms and Conditions and incumbent upon him.
7. When entering into the Loan Agreement, the Borrower declares that it agrees that the accrued Collection Credit will not be repaid, or set off against any arrears or interest and costs owed by the Borrower.
8. Collection Credit is personal and non-transferable, with the exception of transferring to first-degree relatives, partners living at the same address and ex-partners who have lived at the same address.
9. No interest is paid on Collection Credit.

11. PURCHASE OF ARTWORK

1. If applicable, the Borrower’s Collection Credit will be deducted from the Sales Price.
2. A payment arrangement is possible, if it concerns a work of art with a purchase value of at least €500. The maximum payment period is three (3) years. Borrowers making use of a payment scheme must pay at least 10% of the purchase price of the work of art as a deposit. In the payment arrangement, the Collection Credit accrued by the Borrower in the period prior to the purchase may be deducted from the Sales Price.
3. The artwork will not become the property of the buyer until all payment obligations have been met.
4. Kunstpunt Groningen has the right to exclude works from sale.

12 APPLICABLE LAW AND DISPUTE RESOLUTION

1. All agreements to which these General Terms and Conditions have been declared applicable are subject to Dutch law.
2. Disputes between the Parties, including those regarded as such by only one of them, shall be resolved by means of proper consultation as far as possible.
3. If this amicable consultation does not lead to a solution, the Parties shall submit their disputes to the Court of Noord-Nederland, Groningen site.
4. If any provision of these General Terms and Conditions is invalid or is annulled, the other provisions of these General Terms and Conditions shall remain in full force. The Parties shall consult on the void or voided provisions in order to reach an alternative arrangement. The alternative arrangement shall not affect the purport of these General Terms and Conditions or the Agreement.

13 FINAL PROVISIONS

1. Kunstpunt Groningen is entitled to unilaterally amend the General Terms and Conditions at all times. The amended General Terms and Conditions will be published on the Kunstpunt Groningen website.
2. Kunstpunt Groningen may amend all rates unilaterally. Changes will be announced on the Kunstpunt Groningen website.
3. Borrowers are obliged to notify Kunstpunt Groningen in writing of any change of address when they move house.
4. The rates and Sales Prices may be adjusted in accordance with market developments, including an annual indexation with Statistics Netherlands’ consumer price index.
5. All works of art on loan remain the property of the Municipality of Groningen* or the artist (Studio Collection), unless they are purchased.
6. The applicable VAT percentage will be charged on the Loan Fee and on the purchase of a work of art and will be stated on the invoice.

* The Municipality of Groningen has appointed Kunstpunt Groningen as the party that is able to and has the authority to lend and sell the works of art owned by the Municipality of Groningen.