Terms
“Buyer” refers to the individual or company stated in the estimate or quotation who engages with the seller to provide the service.
“Work” refers to the painting or frame in question.
“We”, “Us” and “Seller” refers to the seller, Brave Fine Art Ltd of 21 Enterprise Way, Cheltenham, GL51 8LZ, trading as Layers Restoration.
Project Commencement
A project, e.g. a commitment between the buyer and seller, will only commence upon receipt of a deposit payment as requested by us.
Estimates
All estimates and quotations are provided in good faith and based on assumptions, usually prior to seeing a work in person. We reserve the right to alter these as we see fit until a project commences.
Quotations are valid for a period of 60 days.
Following an assessment in person, should a buyer not wish to proceed, their goods will need to be collected (or returned by us for an associated fee). In the event that a painting or frame is not collected within 60 days, we reserve the right to dispose of it accordingly.
Storage Fees
Upon completion of a project, buyers should either a) collect their item or b) accept our fee to return it for them. In the event that items are not collected or returned within 60 days, a storage fee of £5 per day will be added to their final bill.
Payments
In all cases, unless otherwise agreed by us, a deposit payment of 20% is required before any project is diarised. The remaining 80% is payable upon completion. In the event of non-payment within 60 days of the final invoice being issued, ownership of the painting or frame will be transferred to us and we shall dispose of it as we see fit.
Non-payment within 60 days will also be treated as a suspension of the contract by the buyer.
Delivery
If we have agreed to deliver the item to the buyer following completion and/or testing, we are deemed to have done so if the item is within the boundaries of the buyer’s requested delivery destination.
Termination
In the event of bankruptcy, either party may terminate this agreement. Rights are also reserved if either party is likely to incur bankruptcy as a result of their liability under this agreement.
If the buyer terminates this agreement for any reason other than those stated, the buyer will be liable for all costs associated with this agreement.
Limitation of Liability
In all cases, including where a painting or frame is damaged by the seller, our liability is limited to an amount equal to the price of the goods and/or services.
Acceptance of Goods
In the event that the buyer is displeased with the work performed by us, they should report this within 30 days of receipt of said goods. In the event that this is not forthcoming, we will deem that the work has been approved as per the quotation.
We will not be liable for any consequential loss or damage suffered by the buyer whether direct or indirect.
Any failure by us to deliver as per an agreed date will not entitle the buyer to a) refuse delivery, b) terminate the contract, or c) make a claim for damages.
Equally, we do not accept liability for any loss occurring where goods have proved to be defective or used correctly.
Sub-Contracting
We reserve the right to sub-contract all or part of our obligations under this agreement to third parties when required and without notifying the buyer. However, if this occurs, responsibility to deliver on our side of this agreement will still reside with us.
Force Majeure
In the event of an act of God, fire, flood, or any event beyond either party's reasonable control, neither the buyer or seller will be liable for any costs or damages.
Governing Law
This agreement is governed in accordance with English law and the parties submit to the exclusive jurisdiction of the English courts.