Terms and conditions
Lilou’s Art Restoration (The Company)
1. Services
1.1 The Company shall carry out the Services for the Client using all reasonable skill, care and attention as expected of experienced conservators/restorers and in accordance with the Quote, in a timely manner and, subject to amendments, shall use its reasonable endeavours to deliver the Services by any agreed Delivery Date.
1.2 The Company shall not be liable for any error or omission provided that the Company exercised all reasonable care and skill in providing the Services.
1.3 The Company may recommend additional services as it deems necessary in its expert opinion.
1.4 If the Company is able to carry out such additional services, it shall confirm the scope and fees in a further Quote, which shall, upon acceptance by the Client, form part of the Services.
1.5 The Company reserves the right to sub-contract Services to appropriate and qualified external service providers, advisors or experts.
1.6 The Company is not qualified to provide current market valuations and the Client acknowledges that any statement relating to value, whether or not in writing, is opinion only and cannot be relied upon by the Client or any third party.
1.7 The Company shall carry out the Services using all reasonable skill and care and based on the information available to the Company at the time of writing and in the conditions available to us at the place of inspection. The Client acknowledges that inspecting and reporting on the condition of Artworks is a matter of professional opinion. It is common for conservators and restorers to express different opinions on particular artworks and new information may come to light which may alter the Company’s opinion in the future. Further, the identification of re-touchings is a complex matter and whilst we shall use our best endeavours to identify re-touchings, these are limited to those that are readily identifiable to the conservator under ultra-violet light and the conservator’s professional opinion. We cannot guarantee that all re-touchings in the Artwork will be identified or that something we identify is a re-touching.
1.8 The Company makes no representation, warranty or guarantee as to title, absence of claims, provenance, value, authenticity, importance, marketability. Any statement the Company does make in this regard, whether oral or in writing is opinion only and cannot be relied upon by the Client or any third party.
2. Client’s Obligations
2.1 Unless otherwise agreed, the Client will arrange packing and shipping of the Artworks and all relevant materials and/or documentation to the premises of the Company, including previous condition reports and photographs and information on any prior damage, conservation or restoration and any reason that the Artwork (including the frame and any labels) may be particularly fragile.
2.2 Where the Services are to be performed at the Client’s premises, the Client shall provide the Company, its agents, consultants, employees and any Third Party, in a timely manner and at no charge, with access to the Client’s premises and to the Artworks and provide safe, clean and suitable facilities as required by the Company to perform the Services. The Client acknowledges that the inspection is limited to what can reasonably be identified in the environment where the inspection takes place and that if lighting and other equipment requested by the Company is not provided, this may affect the inspection.
2.3 The Client shall promptly agree the Quote; any further Quote(s); any recommendations for additional services; and/or the appointment of a Third Party in writing within 30 days of a request for approval, otherwise the Company shall not be obliged to deliver the Services and shall be entitled to provide a new Quote.
2.4 Unless otherwise agreed in advance with the Company (or a Third Party as applicable), the Client shall maintain insurance policies for the Artworks for no less than their market value. The client is responsible for the insurance of Art works in Transit (in the case of the company collecting and/or returning Artwork to the client), and at the Companies property. (“Insurance Policy”). The Client shall ensure that the Insurance Policy covers the Artworks for international transit if required, storage and for all Services to be carried out. The Client shall inform the Company in advance if its insurers require advance approval, or notification of certain events, such as change of location, Service, or involvement of a Third Party service provider.
2.5 If required, the Client shall keep its insurers up to date and seek prior approval where necessary of any relocation, restoration, cleaning, or transport of the Artworks and provide the names and details of the Company and/or any Third Party. In the event that the Client’s insurers do not approve of any Third Party, relocation or Service, the Client must immediately inform the Company in writing. The Company shall have no liability in respect of the insurers’ failure to cover loss or damage.
3. Damage to or Loss of the Artwork
3.1 The Client acknowledges and agrees that in handling, inspecting, cleaning and/or restoring valuable Artworks there is always a risk of damage. The Company shall use its reasonable endeavours to ensure the care and safekeeping of the Artworks in the performance of the Services, however, the Company shall not be liable for any loss or damage to the Artworks howsoever caused and the Client shall ensure that the Insurance Policy covers all risks.
3.2 The Client shall be responsible for requesting advice on care and handling of the Artworks after completion of Services.
3.3 The Company will have no responsibility for the accuracy of the description of the Artworks, their authenticity, condition, provenance, value or significance. Any Materials or valuations produced by the Company are based on opinion and on the information reasonably available to the Company at the time.
3.4 Subject as expressly provided in these Terms all warranties conditions or other terms implied by statute or common law are excluded to the fullest extent permitted by law.
4. Fee
4.1 In consideration for the performance of the Services, the Client shall pay the Fee as set out in the Quote to the Company, plus all applicable taxes and Expenses incurred in performing the Services within 30 days of the date of a properly addressed invoice from the Company. If, upon inspection, further work is required, the Company reserves the right to revise the Fee in a further Quote.
4.2 The Company shall issue an invoice on completion of the Services, which shall include all Expenses, additional costs and taxes incurred to the date of that invoice. The Company reserves the right to charge in instalments for larger projects.
4.3 In the event that the Client fails to comply with its obligations in Clause 4, the Company shall be entitled to charge the Client further for costs incurred set out in Clause 5.4.
4.4 In addition to the Fee, the Client shall reimburse the Company for all out of pocket expenses reasonably and necessarily incurred by the Company in carrying out the Services including but not be limited to: travel, additional digital images and any other costs incurred at the request of the Client (“Expenses”). The Company shall use its reasonable endeavours to provide estimates of such costs to the Client in advance.
Terms
“Agreement” means these Terms and the Quote (as amended from time to time), together with any annexes;“Artwork” means the artwork owned or controlled by the Client in relation to which the Company is requested to carry out Services;“Client” means the individual or entity set out in the Quote to whom the Company shall provide the Services;“Condition Report” means a report prepared in the Company’s professional opinion which may include details of the Artwork’s condition, stability, approximate dimensions, previous restorative works and/or damage, which comprise statements of opinion only.“Company” means Lilou’s Art Restoration.“Confidential Information” includes the terms of this Agreement and any documents and information supplied in any form or media and identified by the Client as “Confidential”;“Delivery Date” means the estimated date by which the Services shall be completed, as set out in the Quote;“Fee” means the fee set out in the Quote for the provision of the Services.“Quote” means the attachment which sets out the specific details of the Services, the delivery date, the Fee and Expenses;“Services” means the services provided to the Client by the Company as set out in the Quote; and“Third Party” means a third party who provides services or additional services in relation to the Artworks other than the Company.