I have been consigning my work in the same gallery for a number of years now, and I just realized they don’t have a policy in place for items broken by customers. You know, “You break it, you buy it”? Another artist’s glass ornament was knocked off of its display by someone passing by, and the gallery owner ended up in a lengthy argument with the man. What is the standard policy at galleries (and shows for that matter)? I don’t want the gallery to have to cover it, but I don’t want to absorb the loss either. Yet it seems rude to ask someone to pay $100 for something that is broken and is now worthless to them. What can I suggest to the gallery owner?
Consignment is always tricky and can create a number of situations that can cause a craft person a problem. I would suggest that you only work with stores that have contracts that clearly state their consignment terms. Or better yet write your own contract. You can search on line for sample contracts, read each carefully, create one that suits you and then insist that the shops you deal with sign onto your contract.
Here are my thoughts on your specific breakage question. I think there are three different scenarios this could take. First, an item belonging to a shop is broken. Second, a consigned item in a gallery is damaged. And third, a consigned item in a shop is broken. In my mind the owner of the venue where the damage occurred is unquestionably financially responsible for any damage to items in their possession. If they own the item it’s quite simple, their merchandise is no longer saleable. Whether the consigned item is in a shop or gallery the owner is still responsible for the work of their artists whether it is in the gallery or any other site where the gallery may be showing the work. A good consignment contract would state this very clearly.
Now your concerns about making the customer who caused the damage in the first place pay for the item. It is pretty universally understood that if a customer damages an items in a retail venue it’s their responsibility to pay for them. Fortunately I have only had to deal with this situation a few times. I don’t feel we should try to make money off someone’s bad fortune so my approach is to ask the customer to pay 50% of the selling price. This either gets back the cost of the item or if it’s consigned the money to pay the artist. Only once did a customer refuse, at his point I realized it wasn’t going to be fruitful to push the issue and we paid the artist ourselves.






