TRADING TERMS & CONDITIONS FOR BEUYS FRAMING LTD

If you are a customer, it is important that you read and understand these terms. We take a huge amount of care when handling and framing artworks, however to keep the cost of framing down for clients, we cannot insure every artwork that is in our care. If you have any questions about this or any part of this contract, please contract us before ordering.

DEFINITIONS

a. When we talk about “Beuys Framing or Beuys”, “we”, “our”, “I” , or “us” in these Terms, we are referring to Beuys Framing Ltd, a company registered in England and Wales (company number 14756452). Our registered address is at Studio 1E, 3-5 Latona Road, London, SE15 6RX.

b. When we talk about “you”, “customer”, or “client it refers to you, the client who is purchasing the services and named on the invoice.

c. When we talk about “artworks” this refers to any object that we agree to store and frame in our workshop.

d. When we talk about a “Contract” this means the contract we enter into with you to produce and supply the framing, subject to and in accordance with these Conditions. 

e. Order means the job that forms part of the contract, resulting from your request to undertake work and agree to the contract to proceed with framing

d. Owner(s) means the person or persons who is / are the legal and / or beneficial owner(s) of the Works. 

e. Frame refers to the frame made by us that may or may not include artworks.

f. Works or artworks refers to artworks or frames, any object that has, or will be framed.

PARTICULARS OF CONTRACT

a. The Order constitutes an offer by you to purchase our services for the agreed price, subject to and in accordance with these Conditions. If you wish us to vary any provision of these Conditions, you must make a written request to us before agreeing to the contract. You are responsible for ensuring that the terms of the Order are complete and accurate. 

b. The Order shall only be deemed to be accepted when we issue a written acceptance of the Order or issue an invoice detailing what services have been ordered, at which point the Contract shall come into existence. 

c. Any Quote is based on the material prices, tax rates and business costs at the time given and is subject to change. We reserve the right at any time prior to entering into the Contract to revise or withdraw our Quote. 

d. The customer is the name of the individual or business named on the invoice, who is responsible for adhering to these terms and subsequently agrees that they own the artworks or have permission from the owner to be entered into the contact with us, and stored at our premises for the duration of the contract.

PERFORMANCE OF OUR SERVICES

a. Our services include but are not limited to picture framing, mirror fabrication, wood fabrication, mounting, canvas stretching, artwork fabrication, artwork installation, and other non specific services relating to art and framing.

b. We may occasionally use sub-contractors and/or other agents to undertake any part thereof, including (without limitation) specialists in dry-mounting, transportation and installation. This will be discussed and agreed upon in writing with you the client before undertaking.

c. Before you engage us to provide Services, please carefully read these Terms. By accepting these Terms, or otherwise engaging us to provide the Services, you agree to be bound by these Terms. 

PURCHASING OUR SERVICES

a. To engage us to perform the Services, you must contact us to make a booking or order, either by way of email, an in person consultation, telephone, or via our Website. 

b. Making a Booking constitutes your intention and offer to enter into a contract, where we will provide you with the Services you have ordered in exchange for your payment of the total amount notified to you (Fee). 

c. A “booking” is when we agree to undertake work for you, based on a consultation in which the specific terms of work will be discussed and agreed upon by both parties. You will receive an invoice with the details of what you have ordered.

d. We will email you an invoice to confirm the booking, this constitutes as confirmation of an agreement between both parties to commence work, and may not be cancelled or amended by you after this contract has begun.

e. Once the booking is confirmed, the job has begun, and the customer is bound by the full terms of this contract, and liable for the full cost of framing.

f. We reserve the right to reject a Booking if we determine at our discretion that the Services are not right for you, if the artwork or object poses any danger or threat to any members of staff, or if we feel that the work cannot be undertaken by us. If we cancel the booking we will issue a full refund to the amount agreed in the invoice.

INSURANCE AND LIABILITY

a. We are not responsible for insuring the artworks and shall not insure the artworks unless specifically agreed by us in writing prior to us accepting delivery of the artworks.

b. It is the clients responsibility to arrange insurance for any artworks. You must ensure that the artworks are insured to their full replacement value with a reputable insurer against any loss or damage occurring to the artworks whilst in our custody or control (including loss or damage arising out of or in connection with our negligence). You must ensure that our interest as co-assured is noted in the insurance policy; and you must not cause the insurance policy to be invalidated or the amount of any insurance payment to be reduced.  

CHANGES TO SERVICES

a. Once both parties have agreed on the nature of the work undertaken, and the booking invoice has been sent, no changes can be made to your booking, and you are liable for 100% of the fees.

DURATION OF CONTRACT

a. Any deadlines or collection dates must be agreed by both parties before the contract is entered into. It is the responsibility of the client to make us aware of any information relating to duration of contract (such as collection date, or exhibition deadlines) that could impact our capability to undertake the work.

b. Once the contract has begun, a new deadline or collection date cannot be created or amended.

c. Due to the nature of the work, we cannot undertake any work in less than 5 working days. 

d. Any timescales offered by us in quotes before contract are offered as a guide and are subject to change.

COLLECTION OF ARTWORKS

a. When we have completed work we will contact you via email to let you know that your frames can be collected. The work will not be ready before then.

b. The client is responsible for collecting their frames from the address of business at the time of writing.

c. All frames must be collected within 30 days of when we notify you. Because of limited space, any frames or artworks not collected after 30 days may be subject to a storage fee of £8 per day.

d. It is the clients responsibility to collect, or arrange collection of artworks from the studio. We can recommend delivery services however cannot book these for you.

e. All payments must be made before any work is collected, we reserve the right to refuse collection if there are outstanding payments on the account.

UNCOLLECTED WORKS

If any artworks or frames are uncollected after 6 months from notification, we will contact you, and will be authorised to sell the artworks to recover any costs incurred for storage. If you cannot collect please contact us and we will try to help.

PAYMENT

a. By agreeing to the contract, you agree to pay the full amount included applicable taxes on or before due date noted on the invoice, or upon collection of artworks, whichever occurs first. Sometimes we will require a deposit for multiples orders, this must be paid before work commences. 

b. We have the right to retain the artworks and frames until all monies due from you are settled (known as a Lien).

c. Title to the Frames will not pass to you until we have received all sums outstanding (including but not limited to the Price, storage fees and applicable taxes). 

d Late Payment:

(i) If you do not pay us the amounts due and payable under an invoice on or before its due date, without limiting any of our other rights under this agreement, you must pay us a late payment administration fee of £80+VAT in addition to any other amounts owed under this agreement. 

(ii) For any payments still pending after the due date, we reserve the right to charge interest at the rate of 8% plus the Bank of England base rate per annum on each amount outstanding, from the due date for payment to the date on which the payment is received by us, plus any other amount we are entitled to claim under law including The Late Payment of Commercial Debts (Interest) Act 1998.

LIABILITY

a. We shall not be liable to you for any loss or damage to the extent such loss or damage is covered by a policy of insurance effected by you or on your behalf or would have been covered if you had complied with your obligation to insure the artworks. We shall also not be liable for any losses arising by reason of any insurance excess or deductible or any shortfall in the amounts payable under such policy. 

b. We shall not be liable for any indirect or consequential loss of any kind whatsoever.

c. You agree that in no circumstances shall we be liable for any loss, damage or delay arising from events outside our control.

d. We are not responsible for any natural deterioration of artworks in our care including but not limited to humidity, insect damage, light deterioration, or mould.

e. To the maximum extent permitted by the applicable law, all express or implied representations and warranties not expressly stated in this agreement are excluded.

f. To the maximum extent permitted by the applicable law, neither us, nor any of our employees, contractors, directors, officers or agents (Personnel) will be liable to you for:

(i) any incidental, punitive, indirect, special or consequential damage, loss or expenses, including but not limited to any loss of business, contracts, revenue, or profits, any business interruption, security breach, loss of data, loss of goodwill or reputation or other pecuniary loss suffered by you, even if we or any of our Personnel have been advised of their possible existence, arising in connection with the provision of the Services or this agreement; nor

(ii) any direct damage loss or expenses arising from loss of customers, loss of profits, loss of anticipated profits or loss of savings, arising in connection with the provision of the Services or this agreement.

g. To the extent that the provisions of any applicable law shall impose restrictions on the extent to which liability can be excluded under this agreement or in connection with the provision of the Services including, for the avoidance of doubt, the provisions of sections 3, 6 and 11 of the Unfair Contract Terms Act 1977 in England and Wales (and its equivalent in any other jurisdiction) relating to the requirement of reasonableness, the exclusions set out in this clause shall be limited in accordance with such restrictions. However, any exclusions of liability that are not affected by such restrictions shall remain in full force and effect.

h. Without prejudice to the limitation of liability provisions above, in the event that you incur any loss, damage or expense arising out of this agreement, you agree that our maximum liability to you shall be limited to the sum of £100.

i. Nothing in this agreement shall exclude or limit a party’s liability for fraud or intentional unlawful conduct by a party, or death or personal injury resulting from a party’s negligence.

j. You indemnify us from and against all losses, claims, expenses, damages and liabilities (including any taxes, fees or costs) which arise out of:

(i) any breach of this agreement by you; and

(ii) any negligent act or omission committed by you. 

NO LEGAL OR REGULATORY COMPLIANCE

a. You acknowledge and agree that our experience and expertise does not extend to complying with any applicable Laws, and we rely on your instructions in this regard.

b. You acknowledge and agree that it is your responsibility to comply with applicable Laws relevant to your business, and agree that we are not liable for any loss, damage, cost or expenses arising out of or relating to any non-compliance with applicable Laws.

c. For the purposes of this agreement, “Laws” means any applicable statute, regulation, by-law, ordinance or subordinate legislation in force from time to time in the relevant jurisdiction(s) where the Services are performed or received and includes any industry codes of conduct.

DEPENDENCIES

a. Our ability to perform our obligations under this agreement are dependent on:

(i) you fulfilling your obligations under this agreement; and

(ii) third party goods or services utilised by us for the purpose of providing the Services.

b. To the extent that:

(i) you do not fulfil your obligations under this agreement; or

(ii) third party goods or services are interrupted or are not accessible due to maintenance, accessibility issues or other circumstances beyond our control,

c. then (without prejudice to our rights and remedies) we will be relieved of our obligations to you to the extent that we are prevented from performing the Services in accordance with this agreement, and we shall not be liable for any loss, damage, cost or expense suffered by you arising out of or relating to such non-performance.

d. Whilst every effort has been made for accuracy in performing the Services, your approval to proceed constitutes acceptance of full responsibility for any errors and omissions within the Services. 

NO GUARANTEED OUTCOME

a. All information provided as part of the Services is an opinion only, based on our experience and expertise.

b. While we will use our reasonable endeavours to obtain a successful result, we do not guarantee any particular outcome on any issue if you rely on the Services.

CLIENT OBLIGATIONS

a. You agree to provide us with all documentation, information, instructions, assistance and access as reasonably required by us to perform the Services.

b. You agree that it will not by receiving or requesting the Services:

(i) breach any applicable Laws, rules and regulations (including any applicable privacy laws); or

(ii) infringe the intellectual property rights or other rights of any third party or breach any duty of confidentiality.

We reserve the right to amend or change these terms.