TERMS AND CONDITIONS OF BUSINESS
1 GENERAL
These conditions shall (insofar as they are applicable) form part of every contract entered into between Arnold Wiggins & Sons Limited ("We" "us" our") and our clients ("you" "your").
2 INVOICING AND PAYMENT
All goods are invoiced at point of sale. Payment to be made upon receipt of invoice. Work will commence upon receipt of funds. Ownership of the Goods shall not pass to the Buyer until the Seller has received payment in full.
Payment to be made, quoting the invoice reference number, by direct transfer or cheque payable to Arnold Wiggins & Sons Limited, bank details as follows:
Bank of Scotland
33 Old Broad Street
London
EC2N 1HZ
Account Name: Arnold Wiggins & Sons Limited
Account number: 06027622
Sort Code: 12-11-03
All payments to be made in the same currency as the invoice which will be in Sterling unless otherwise agreed.
Goods are normally invoiced under the ordinary VAT Retail Scheme. VAT must be paid on exports. A VAT refund will be made when proof of export outside the EU, within the designated timeframe, is provided by the client.
Without prejudice to any other rights of Arnold Wiggins & Sons Limited, if payment is not made within the stipulated period, we expressly reserve the right to charge interest on any outstanding balance from invoice date until receipt of payment at the annual rate of 2.5 % above the base rate of Bank of Scotland from time to time in force. Such interest to accrue daily.
The time stipulated for payment is of the essence of the contract. No payment shall be deemed to have been received until the Seller has received cleared funds.
We reserve the right (without prejudice to any other remedy) to cancel forthwith by giving notice in writing to you any uncompleted order or to suspend delivery if you fail to discharge any indebtedness outstanding to us. If an order is cancelled by us in the aforementioned circumstances or is cancelled by you under any circumstances unacceptable to us then you agree to indemnify us against all loss, (including loss of profits) costs, damages, charges and expenses arising out of the order and the cancellation thereof.
3 INSURANCE
We cannot be held responsible for the insurance of your property. Please make your own insurance arrangements whilst your artwork is in our care, custody and control.
We cannot accept liability for any uninsured loss or damage occurring to works belonging to you whilst they are in our possession, or for any loss occurring to you in the event of delivery being made to any unauthorised persons representing themselves as the works as or on behalf of you.
4 QUOTATIONS AND ESTIMATES
Where at your request we make a quotation, our estimate in respect of any work to be undertaken by us, such quotation or estimate will be made in good faith but cannot be considered to be binding upon us.
5 MEASUREMENTS
We cannot be responsible for making or adapting a frame to the correct size unless we have measured the work ourselves.
6 PATTERNS AND DESIGNS
All designs, drawings, patterns, plans or models belonging to or prepared by us which are given to you for your information remain our property and copyright belongs to us. You expressly agree to hold such material as confidential and not to copy the same and not to supply the same to any third party.
7 ATTRIBUTIONS
Any representation or statement by us as to the authorship, origin, date, age, size, materials, attribution, genuineness, condition or any price of any frame whether sold by us or on our own behalf of another will be made in good faith and to the best of our knowledge. But are statements of opinion only and should not be taken as warranties or representations of fact.
8 CARRIAGE
We shall on your behalf and, at your own risk, arrange for the carriage of works of art belonging to you, and the carrier selected by us shall be your agent. Special notice is drawn to the fact that in accordance with the provisions of S.32 of the Sale of Goods Act 1979 delivery to the carrier will in such circumstances, constitute delivery to the buyer. We shall for the purpose of S.32 (2) of the Sale of Goods Act 1979 be deemed to have your authority to make such a contract with the carrier which we consider reasonable.
We shall not have any liability whatsoever for or in connection with any damage to or loss of the work or works in transit to the contracted place of delivery.
The Buyer’s acceptance of the Goods means that the buyer is happy that work has been carried out to an acceptable standard and that Arnold Wiggins & Sons have performed their part of the contract.
9 HANGING
We do not provide a professional service for hanging pictures. We can introduce customers to persons who have experience in the field. We cannot make any representations as to the fitness of such persons. It is up to the customer's judgment as to whether to accept their services.
10 LOANS OF FRAMES
We may offer to loan frames at our discretion, at a sale price specified by us.
The Loan is at the risk of the Borrower from the time it is physically entrusted to them. The Borrower is responsible for any damage made to the frame. Any repairs which the Seller deems necessary must be carried out by Arnold Wiggins & Sons at the Borrower’s expense. The Borrower must return the Loan frame to Arnold Wiggins & Sons by a time agreed in advance of the Loan. The Seller may request the return of the frame in advance of this agreed term. All Loan objects are loaned in good faith. The borrower must not breach this by using the loan frame to copy from or otherwise abuse this good faith.
11. CONDITION OF FRAMES
The utmost due diligence is undertaken to ensure that the frames are not carrying woodworm. If the Seller discovers that the frames are infected with woodworm, the frames will be treated at the Buyers cost.
12. PROPER LAW OF CONTRACT
This Contract and any dispute or claim arising out of or in connection with it or its subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with English law, and the parties submit to the exclusive jurisdiction of the English courts.