Problem with gallery

[rmuniak]

This is the first time this has happened to me, the gallery dropped the lid on one of my bowls and destroyed it. http://www.aawforum.org/photopost/showphoto.php?photo=8867&ppuser=10170
Its value is $900. I was to get 450 for the sale. Since it's not the whole thing but very hard to duplicate how should I handle it. The gallery has in the past sold a ton of my work, however, there have been many issues involving pricing and general handling of my work that I at this point don't care what she thinks of my reaction to this. Just recently she wanted me to make a new base for a sculpture of mine(customer wanted a wall mount as apposed to floor mount) and she would not pay me for it. Her reasoning was you can still use the old base (it was a substantial base and you know as well as I do these things hang around your studio and gather dust). I have to point out on the lid thing she seemed upset with me about the whole thing and that I might want some compensation. If it were a better economy I know I would have been long gone..So help

 

[Odie]

This is the first time this has happened to me, the gallery dropped the lid on one of my bowls and destroyed it. http://www.aawforum.org/photopost/showphoto.php?photo=8867&ppuser=10170
Its value is $900. I was to get 450 for the sale. Since it's not the whole thing but very hard to duplicate how should I handle it. The gallery has in the past sold a ton of my work, however, there have been many issues involving pricing and general handling of my work that I at this point don't care what she thinks of my reaction to this. Just recently she wanted me to make a new base for a sculpture of mine(customer wanted a wall mount as apposed to floor mount) and she would not pay me for it. Her reasoning was you can still use the old base (it was a substantial base and you know as well as I do these things hang around your studio and gather dust). I have to point out on the lid thing she seemed upset with me about the whole thing and that I might want some compensation. If it were a better economy I know I would have been long gone..So help

As you say, she's sold a "ton" of your artwork.......so, it looks like you might want to preserve the peace.

I'm one that often times handles these things poorly when initially confronted with these damage issues, but after a little time passes, I'm a little more in control of emotions. Sleep on it, and things usually are much clearer, once you have a little time to think it over. I gather her gallery has been very profitable to you, so you may want to just have her ship the birdhouse back......and eat the loss.....that is, if this is something that happens very infrequently. If it happens often, it would be a problem, but consignment art means you have to absorb some of the normal business losses as well. It's understandable that you feel a little frustrated about this, but you'll have to decide just how much you want to keep her as a contact between you and the buyer.

I wouldn't do the wall mount without additional compensation, but if we're talking about a high priced item, that could influence the decision on it. If so, I might......just to keep her happy. She wants to make the sale, and if you do too, you'll have to decide just how much the business relationship is worth to you.....

ooc

 

[John Van Domelen]

I agree with most of the above from odie. Carefully consider how much revenue this gallery has brought in for you vs. the cost of the damage / repair to this one piece. If this, however, is a habit with this gallery, perhaps the two of you should have a 'come to jesus' discussion about who is going to be responsible for any damage in the future, and get it in writing.

I would not however under any circumstances rework a piece from a base to a wall mount for free. I would rather leave the piece in the gallery to sell as is to another buyer.

 

[rmuniak]

Great advice... One thing I did not tell you. She has insurance. Its a local gallery and yes I would love to keep the peace. The wall mount issue was one of many issues over the 4 years we have been doing business. For example over the winter because her place is so dry a few of my pieces shrunk and cracked and she complained to me and did not apoligise for what her gallery did to my work. I told her a humidifier would get rid of the problem, but she did nothing.
I could eat the piece but it's just the idea that she makes the mistake and I have to pay for it. If she had been a good gallery who didn't ***** every time I told her what I wanted for a piece and not complain about "what are you doing having an exhibition at a museum, what good will that do" or " why are you taking work out of the gallery, are you selling things on your own?" I would eat it.
Thanks for letting me vent I feel so much better...Ray

 

[Mike McDonald]

Seems like good advice you're getting.

I don't have experience working with galleries, but my initial reaction is that the "you break it, you buy it" rule should come into play here. She broke it, so she should buy it. If she wants to commission a new lid, that's up to her.

To keep the peace, though, and since it doesn't sound like there's a written agreement about how these things are handled, so I would tell her that this was the initial reaction but that you'll remake this one because there's no agreement in place.

Establish good will by remaking it, then work out an agreement on how this is handled and, as John said, get it in writing.

While you're negotiating and putting things in writing, I would also discuss the issue of bases.

I haven't seen the base in question, but her argument that "you can reuse the base" seems deliberately obtuse. Unless we're just talking about a plain pedestal, a proper base requires as many decisions and as much though as the piece itself. You're not just setting the piece on the base, the base is a part of the piece. If she knows enough to run a gallery, she should know this.

Asking you to remove the base from a piece and create a new, wall-mounted one is essentially asking you to remake the piece per her specifications...And custom work carries a custom price tag!

 

[Jerry Bennett]

There are no perfect galleries. Their interests are different than yours. It is a good idea like John suggested, to have an understanding as to what your working arrangement is and preferably in writing. Things can get broken. I had a major piece broken in a show. I restored it without hesitation. It is just part of doing business. I do not modify without compensation.
Regarding cracking from humidity in the gallery, You are working with wood and part of that is targeting the moisture content of your work to be compatible in a gallery or the customers home. The cracking is on you. Rest assured you are not alone.

Jerry

 

[robert davis]

Gallery

since you have had so many problems and are so unhappy with the gallery. it would seem that you should cease to use the gallery. find one that thinks as you do!

 

[Bill Boehme]

...... because her place is so dry a few of my pieces shrunk and cracked and she complained to me and did not apoligise for what her gallery did to my work. I told her a humidifier would get rid of the problem, but she did nothing.......

I was about to jump on your bandwagon, but the cracking issue changed my perspective on the matter. The atmosphere in the buyer's home may be just as dry as it is in the gallery. I get the impression that the wood that you used was not sufficiently dry when the piece was finished. It is your responsibility to make certain that the wood is dry and stable before sending it to the gallery. I can also understand the gallery owner's perspective on pricing. She knows her business demographics and probably also has an established client base and knows what price range will sell. She needs to maintain a certain flow of inventory to stay in business and not simply become a museum. I don't think that any gallery would be interested in warehousing somebody's work -- it would not be beneficial for either party.

 

[Nate Hawkes]

As much as I can understand you wanting to keep this gallery as a source of revenue, this gallery owner needs a wake up call!! She can't expect to have quality artists in any medium if things get broken, and she won't fix it. It's one thing for someone to break the bark off of a natural edge bowl when handling it, but with a piece like your Birdhouse, there should be an automatic expectation of fragility on the part of the gallery owner, period. She knew it was made of wood, not metal.
I have had a few things broken at galleries, and have always taken them back, but it has bothered me a bit to see them broken in the first place. In two instances they were fixable, and on one, I just broke the rest of the bark off. All sold. If a piece weren't fixable, and took many many hours to complete, I would absolutely expect compensation, but that's me. Money is money though, and it is important to be able to have a regular source of income, even if you have to "work with them" about everything.

 

[rmuniak]

Rebuttle

OK ...Thanks for all the advice. I think I will ask for the $450 and give her the bottom half which can be sold as is for about $300.
As far as the conflict with pricing I usually prevail with what I want and the pieces generaly sell. It's like that realestate agent who wants to sell the house for the least amount because it takes little effort to do so.
The pieces shrinking is caused by a very dry store . Normaly homes especially high end homes(my clients) have humidity controlled houses. The pieces I make are from kiln dried woods, they don't shrink in my home. In fact when I bring them back to my place they go back to normal.
You saw the top of the piece, I don't have to fix a dent or rub out a scratch, this thing was totally destroyed. Probably take me 15 hours to replace it. On top of it all I have to pick it up and drop the new one off. I f I were a plumber thats $80 dollars each time just for that. What d o you think she charges to frame and matt a simple 11x 16 print? Probably between 1 and 2 hundred dollars.
I will bet you no-one answering my question has a legal 2 or 3 page agreement with any of your galleries. You have all signed that simple consignment agreement that is totally weighed in the galleries favor. We are all afraid that they will not take our work so we sit back and cowtow to their every whim. Maybe I should start an artists union.
They always complain about their high costs of doing business and don't realize us artists have overheads as well as costs of material and pickup and delivery etc. What do they do to promote our work. Do they pay for the photography? They even want you now to pay for some of the gallery opening costs. Do they even bother to dust our work.
Let me finish with one more story. Recently two of my small tea-lites were stolen from the gallery ( value $150 retail). Feeling bad for her I told her she could pay me in like product she sold at the gallery. Because my take was $75she surmized that I could have $75 in retail price items. I said no I'll take the cash.
Vote for Ray as the first president of the Woodturners of America Union....

 

[John Van Domelen]

Not sure if the below is what you are referring to, the other two contracts I have signed have similar, even more delineated verbiage as to what the responsibilities of both party's are. Not sure how 'legal' they are, but any damage my works have suffered have been compensated for or we have worked something out if the damage was minor.

I have a pending show at a local craft institution. I had to sign two separate documents for this show - a multi-page loan agreement and a one page condition of submitted work form. They always insure the submitted works under a fine arts policy.

There are galleries that will treat you fairly and deal with you in a even-handed business like fashion.

 

[rmuniak]

Resolved

Thanks again for all the imput. The issue was resolved without too much bloodletting. She did complain again her high costs of doing business. I told her to raise her commision and see if that would help. I told her that at that point I would then make a decision about using her gallery. Seemed to shut her up.
She will give me $300 extra on my next sale and sell the bottom of the bowl for $300. of which she will keep $150. Actually worked out because I made a nice profit without a sale...
Thanks John for the legal document. I might be asking you for, the whole thing since i am shopping for a new gallery.

Thanks again to all......Ray

 

[KellyDunn]

Ray, when I consign to a gallery they get a document they sign from me. It basicly says if it gets broke on your watch I will fix it the best I can but you buy it. If a work gets stolen I get paid for it. The one exception was the Volcano Art Center. They took zero responsibility for any damage or theft. And since they mostly purchased I let it slide. When my daughter Rachel starting turning pens at age 7 she put them out on consignment. One was stolen from the center and they refused to pay a kid $12.50. She cried. So when they called for more pens Rachel told them they were welcome to buy them outright. They did. Now things have changed and I would have to give them work on consignment. No way.
A gallery that cares takes care of your work. When gallery staff start breaking work I make it a point to fly to the location and have a meeting with the staff from God to the folks that pack the boxes and educate them in the handling and packing and have them read in front of me my use and care, so I can help them understand it all. Sounds expensive and it is. But a translucent bowl at 2 to 3 grand not getting broke but getting a good home and in one piece is worth the effort. I have done that three times. Each time breakage due to staff ignorance went to zero.

 

[Odie]

Thanks again for all the imput. The issue was resolved without too much bloodletting. She did complain again her high costs of doing business. I told her to raise her commision and see if that would help. I told her that at that point I would then make a decision about using her gallery. Seemed to shut her up.
She will give me $300 extra on my next sale and sell the bottom of the bowl for $300. of which she will keep $150. Actually worked out because I made a nice profit without a sale...
Thanks John for the legal document. I might be asking you for, the whole thing since i am shopping for a new gallery.

Thanks again to all......Ray

Great, Ray........sounds like things turned out ok.......and the lady and you were able to work it out.

ooc

 

[Charles Henderson]

I have Woodturner's business insurance with Traveler's through the AAW. I pay a little more than $500/year, but it supposedly covers things like this, as well as damages at shows and during shipping, injuries during demos, theft or damage (fire, water, etc.) of tools and shop. If something happens in the shop that causes collateral damage to your home, your home insurance won't cover it, but this insurance will.

However, I've been lucky enough that I haven't had to make a claim and don't know for sure how well a claim would be received. I also wouldn't want to unless it was completely necessary for fear of rising premiums. Anyway, it's a consideration, and a must if you're in a gallery that assumes no responsibility and expects you to carry insurance (as I am).