Terms and Conditions

These Terms and Conditions (“Conditions”) shall apply to all Services undertaken by Art Move Limited (hereinafter referred to as the “Company”).

Definitions

1. Definitions

The following expressions shall have the following meanings:

(a) Owner
The person, persons, corporation or entity owning the Goods in respect of which services are rendered by the Company or having possession thereof as the apparent owner or any other person who is or may become interested.

(b) Agent
The person, persons, corporation or entity authorised to give instructions to the Company and to enter into this contract for and on behalf of the Owner.

(c) Customer
Any person at whose request or on whose behalf the Company undertakes any business or provides advice, information or services and with whom for all effects and purposes the Company enters into this contract.

(d) Services
Any work agreed to be carried out in relation to Goods including without limitation storage, handling, display, transportation, import, export and installation.

(e) Goods
Any works of art or articles which are the subject matter of any transaction between the Company and the Customer.

(f) Charges
The charges payable by the Customer for the Services in accordance with Condition 19.

Basis of the Contract

2. Contract Formation

The quotation, account form and these Conditions form the entire agreement between the Customer and the Company (“Contract”) once the account form is signed.

They supersede any earlier conditions and exclude, so far as legally permissible, any warranties or liabilities implied by statute, common law or trade usage.

Acceptance of a quotation implies acceptance of these Conditions unless varied in writing and signed by a Director of the Company.

3. Carrier Status

The Company is not a common carrier and only deals with Goods subject to these Conditions.

4. Customer Warranties

Customers expressly warrant that:

(a) they are the legal owners or authorised agents of the Goods;

(b) where acting as agent:

• they enter into the contract on behalf of themselves and the Owner;

• warranties apply jointly to Owner and Customer;

• Owner and Customer are jointly and severally liable;

(c) the Goods are unencumbered.

Provision of Services

5. Handling and Transportation

Subject to written instructions, the Company retains absolute discretion regarding means, route and procedures used in handling or transportation.

The Customer indemnifies the Company against loss arising from compliance with Customer instructions.

6. Use of Agents and Subcontractors

Services may be carried out by the Company, its servants, agents or subcontractors under conditions they may stipulate.

7. Disclosure of Information

The Customer warrants full disclosure of all information relating to the Goods relevant to storage, packing, transportation, import or export.

8. Dangerous or Damaging Goods

The Customer indemnifies the Company against losses arising from Goods likely to cause damage or infestation, including vermin or woodworm.

9. Nature and Packing of Goods

The Customer indemnifies the Company against penalties, claims or expenses arising from the condition or packing of Goods.

10. Subcontracting

The Company reserves the right to subcontract all or part of the Contract without notice.

11. Storage Pending Delivery

Pending forwarding or delivery, Goods may be stored at any location at the Customer’s expense.

12. Storage Listings

Goods must be listed as required by the Company. Liability is limited to listed Goods only.

13. Release of Goods

Goods will not be released without written authorisation or settlement of outstanding sums.

14. Declarations of Value

The Company shall not declare value or special interest unless required by law or instructed in writing.

15. Customs Information

The Customer warrants accuracy of all descriptions for Customs or regulatory purposes and indemnifies the Company against inaccuracies.

16. Collection of Payments

Collection of payments on delivery is undertaken using reasonable care only.

17. Timeframes

The Company will use reasonable endeavours to meet agreed timescales, however time shall not be of the essence.

Charges

18. Quotations

Quotations remain valid only within stated periods and may be revised if costs or rates change.

19. Payment of Charges

Charges shall be payable as follows:

• storage charged monthly

• transport charged hourly

• shipping assessed case by case

• materials and handling charges may apply

• payment due within 14 days unless otherwise agreed

VAT applies where required by law.

Late payment interest accrues at 4% above Bank of England base rate.

Cancellation within 48 hours may incur reasonable fees.

20–23. Duties, Taxes and Liability for Charges

The Customer remains liable for duties, taxes, levies or expenses connected with Goods and indemnifies the Company against associated losses.

Lien and Power of Sale

24. Company Lien

The Company retains a lien over Goods for unpaid Charges and may dispose of Goods following written notice where payment remains outstanding.

Limitation of Company’s Liability

25–35. Liability Provisions

Nothing limits liability for death, personal injury or fraud.

The Company shall not be liable for:

• loss of profit

• loss of business

• consequential loss

• delay outside control

Liability applies only while Goods are in actual custody or control.

Claims must be notified within prescribed written time limits.

Insurance

36–39. Insurance

The Company does not insure Goods unless agreed in writing.

Where insurance is arranged:

• valuation must be provided by Customer;

• insurer terms apply;

• disputes remain between Customer and insurer.

Customers must otherwise maintain adequate insurance cover.

Consumer Right to Cancel

40. Cancellation Rights

Consumers ordering remotely may cancel within 14 days subject to statutory conditions.

Rights may be lost where Services commence within the cooling off period.

Termination

41–43. Termination

The Company may terminate the Contract where payment fails or contractual breaches occur.

Outstanding invoices become immediately payable and Goods must be removed from storage.

Certain provisions survive termination.

Delays Outside the Company’s Control

44. Force Majeure

The Company is not responsible for delays caused by circumstances beyond reasonable control.

Governing Law and Jurisdiction

45. Governing Law

The Contract shall be governed by the laws of England and Wales.

46. Severability

If any provision is deemed invalid, remaining Conditions remain enforceable.