TERMS AND CONDITIONS OF SALE
It is important that you read and understand these terms and conditions before proceeding with any transaction. If there is any term that you do not understand or do not wish to agree to, please discuss it with a representative of STRATHEARN GALLERY (us). Only proceed with a transaction if you wish to be bound by the terms and conditions set out below.
1. PURPOSE AND EFFECT
1.1 These terms and conditions set out all the terms of agreement other than price between you as buyer and us as seller, in relation to the sale and purchase of the item or items identified in the invoice, which we refer to below as “the Work”. We confirm that we either own the Work or are authorised to sell it on behalf of the owner.
1.2 If you wish to rely on any variation of, or addition to these terms and conditions, you must ensure that the variation or addition has been agreed by us in writing.
2. STATEMENTS ABOUT THE WORK
2.1 All statements by us as to the authenticity, attribution, description, date, age, provenance, title or condition of the Work constitute our judgement and opinion only (save that this shall not operate so as to exclude any liability on our part for misrepresentation) and are not warranted by us. We do not accept any liability as a result of any changes in expert opinion which may take place subsequent to the sale.
2.2 While we will on request explain the condition of the Work at the time of the sale and provide any information in our possession about condition for which you may reasonably ask, we will not be responsible for any subsequent deterioration of the Work, however occasioned, after the sale.
2.3 You are responsible for satisfying yourself as to any statements made by us as to the matters set out in clauses 2.1 and 2.2 above.
3. PAYMENT OF PURCHASE PRICE
3.1 You must pay us the full price for the Work, together with delivery costs, any VAT if relevant and any amounts payable to us under clause 8 below but excluding any deposit or advance that you may already have paid, by bank transfer or such other methods as we agree, within 30 days after the date of the invoice (unless stated otherwise on the invoice). If we agree with you that the sale is dependent on the issue of an export licence, payment must be made, in the same way, within 7 days after the issue of the export licence. In either case, payment has not been made until we have received cleared funds representing the full amount.
3.2 If you fail to make full payment within the relevant period, we shall charge you interest on the amount unpaid at the rate set out in the Late Payment of Commercial Debts (Interest) Act 1998 or where that Act does not apply at the rate of 2% per annum above Barclay’s Bank base rate from the date when payment was due until payment is made in full.
4. COLLECTION OF THE WORK AND PASSING OF RISK
4.1 You must collect the Work from our premises at an agreed date and time, within 28 days of the date of payment, unless it is agreed in writing that:
4.1.1 you should collect it elsewhere;
4.1.2 we should deliver it to you; or
4.1.3 you should make your own arrangements for someone else to collect it for you.
4.2 you will be responsible for the Work, for the risk of damage to it or loss of it and also for insuring it, from the time and date agreed for its collection including if damage or loss is sustained during collection or transit.
4.3 If however we permit you to take delivery of the Work without your agreement to purchase it, for example on approval, we will continue to be responsible for insuring it.
8. PASSING OF OWNERSHIP
8.1 Full legal title to the Work will not pass to you until we have received in full in cleared funds all sums due in respect of the Work.
8.2 If you have possession of the Work before full payment has been made, you must:
8.2.1 keep possession of it, not sell it or hand it over to any other person or dispose of any interest in it;
8.2.2 in the case of a Work consisting of more than one item, keep those items together;
8.2.3 keep any identifying marks showing that we own the Work clearly displayed;
8.2.4 store the Work on your premises and at no cost to us, separately from other property;
8.2.5 at our request, and after we have given you reasonable notice, allow us or a third party acting on our behalf to have access to the Work in order to inspect it; and
8.2.6 preserve the Work in the same state as it was on delivery and in particular, not restore, repair, clean or reframe it without our written consent.
9. COPYRIGHT
The copyright subsisting in all images and other materials produced for the sale of the Work is owned by us and such images and materials may only be used with our permission. We will have the right to use such images in our own discretion after the sale of the Work. During the period in which the Work is protected by copyright, the copyright remains with its author (or any person to whom that right has been assigned). You are purchasing the Work, but not the right to produce copies of the Work (including photographs thereof) for publication. If such rights are sought, you should contact the copyright owner.
