Trading conditions for 01 Art Services ltd.
1. These conditions shall apply to all work undertaken by the Contractor (as hereinafter defined) and they supersede any earlier Conditions of the Contractor and exclude so far as it is legally permissible any Warranties, Conditions or liability imposed or implied by Common Law Statue or trade usage and override any terms and conditions stipulated by anyone inviting the Contractor to tender or estimate for work to be carried out whether in published conditions in any acceptance or any tender or estimate or any other communications or document or negotiations. Acceptance of the Contractor's estimate or tender implies acceptance of these Conditions which can only be varied in writing and signed on behalf of the Contractor by a Director thereof.
2.Definitions
2.1 In these conditions the following expressions shall have the following meanings:
“the Contractor “ shall mean the Contract for Services between the Contractor and the Customer.
“the Contractor" shall mean 01 Art Services Ltd and any associated company of 01 Art services Ltd.
“the Customer" shall mean the individual, company or other legal entity which contracts for the Services.
"the Property" or "The Goods" (both words in these Conditions being interchangeable shall mean the Property or Goods in respect of which the Customer shall have given instructions to the Contractor and in respect of which the Contractor has rendered or is to render services.
“the Services" shall mean the packing and/or handling and/or storing and/or warehousing and/or transportation and/or import or export services and/or installation and/or any other services whatsoever undertaken by the Contractor on behalf of the Customer.
3. General
3.1 The Contractor may engage Agents and/or Subcontractors who shall be of a standard reasonably acceptable to the Contractor to perform the Contract or any part thereof on its behalf without serving notice on the Owner or the Owner's Agent.
3.2 No Agent, servant or representative of the Contractor has, unless expressly authorised by the Contractor, authority to alter, modify or waive any provision of this Contract and under no circumstances shall such Agent, servant or representative have any authority to bind the Contractor to any contract whatsoever unless by specific negotiated arrangement With the Contractor.
3.3 These Terms and Conditions shall be deemed to be made in, governed by and construed in accordance with the laws of England and Wales, and the Customer submits to the exclusive jurisdiction of the courts of England and Wales.
4. the Parties
4.1 The Customer warrants that it is the owner of the Goods or is acting on behalf of the owner of the goods, is authorlsed to enter into the Contract with the Contractor and has the authority to accept these Terms and Conditions.
4.2 If during the course of any contract with the Contractor the ownership of the goods is transferred, the Customer will procure that any such transfer remains subject to these Terms and Conditions of the Contract and the Services provided thereunder.
5. Payment, lien and sale
5.1 Any quotation given by the Contactor is said to be valid for such period (if any) as shall be mentionedin the quotation but if no such period is mentionedthen such Quotation is given on the basis of acceptance Within 14 days of the date of such quotation and of freight charges, insurance premiums, exchange rates, value added tax rates and all other expenses or outgoing remaining current at the date upon which the services of in respect of such Quotation are to be rendered. If the Quotation shall not be accepted within the time limits of the aforesaid or if any of the charges or rates referred to above shall alter between the dateof the quotation and the date upon which the services are to be rendered the Contractor shall have the right to revise the Quotation or withdraw from the Quotation Without notice (whether or not the Quotation has been accepted).
5.2 All sums due by the Customer to the Contractor are payable forthwith upon delivery of an invoice.
5.3 The Contractor shall have a general lien as well as a particular lien on all goods for all sums (including warehouse rent and insurance charges during the period of the lien) due to or incurred by the Contractor and such lien shall extend and apply to goods in the possession of the Contractor or of any of its agents or Subcontractors or under Its or their direct or indirect control or disposition.
5.4 If any sum due from the Customer to the Contractor is not be paid within 30 days of an invoice being issued, or if the Goods are not removed by the Customer in accordance with the provision of these Conditions the Contractor shall be entitled to open the whole or any part of the property and to sell the whole or any part thereof and the Customer shall be liable for any costs and expenses incurred and in this connection the Contractor may apply the proceeds of sale In payment or towards the payment of all sums due to the Contractor by the Customer and all liabilities incurred by the Contractor on behalf of the Customer before paying the balance without interest to the Customer whereupon the Contractor shall be released from all liabilities of whatever nature in respect of the property.
6. Insurance
6.1 The Property shall remain at the risk of the Customer notwithstanding that the same shall be entrusted to the Contractor.
6.1.1 We are not responsible for insuring the Goods and we will not insure the Goods unless specifically agreed by us in writing prior to us accepting delivery of the Goods for performance of the Services
6.2 The Customer will insure the goods on an All Risks Policy and provide documentary evidence of the same to the Contractor and ensure that the Contractor's interest is noted on the All Risks Policy. Alternatively, the Contractor will at the written request and expense of the Customer insure the goods on an All Risks Policy.
6.2.1 If it is agreed that the Contractor arranges the insurance of the Customer’s Goods through a request in writing from the Customer then the Customer must provide the Contactor with information on the Goods including the value of each item. If any information provided to the Contractor is incorrect or inaccurate then the Contractor will accept no liability for the consequences this has on the insurance agreement.
7. Warranties
7.1 The Customer warrants that full disclosure has been made to the Contractor of all information relating to the Property and all matters which might reasonably be expected to influence the Contractor in its decision whether or not to accept the Property for warehousing and/or storage and/or packing and/or transportation and/or export and/or import.
7.2 The Customer shall indemnify the Contractor against all losses, costs, claims, penalties, demands, damage and expenses which arise out of or in connection with the Property, resulting from the Property or any part thereof being or containing any dangerous noxious, hazardous, inflammable or explosive material or any items or goods likely to cause damage or infestation of whatever nature. In this Condition the expression “Iikely to cause damage or infestation" shall include goods likely to contain or encourage vermin, woodworm, pest or other infestation of whatever nature.
7.3 The Customer shall indemnify the Contractor against all losses, penalties, claims, damage, injury, costs and expenses arising from the nature or condition of the Property or the packing of the Property.
7.4 Except in respect of death or personal injury caused by the Contractor's negligence, or as expressly provided in these Conditions or as may otherwise be required by law, the Contractor shall not be liable to the Customer by reason of any representation (unless fraudulent), or any implied warranty, condition or other term, or any duty at common law, or under the express terms of the Contract, for any loss of profit or any indirect, special or consequential loss, damage, costs. expenses or other claims (whether caused by the negligence of the Contractor, its servants or agents or otherwise) which arise out of or in connection with the provision of the Services or their use by the Customer, and the entire liability of the Contractor under or in connection with the Contract shall not exceed £250.00 except as expressly provided in these Conditions.
8. Installation
8.1 All Goods to be Installed shall be listed by the Customer in such manner as the Contractor may require.
8.2 The liability of the Contractor shall be limited by the list of Goods and it shall not be responsible for any Goods not comprised therein.
8.3 Without prejudice to the generality of paragraph 7.4 above, the Contractor shall not be responsible for destruction or loss or damage to any Goods caused by any interference with the Goods following their installation by Contractor and/or caused by the inherent nature of the Goods themselves except where the Contractor has insured the Goods in accordance with paragraph 6.2 above.
9. Warehousing
9.1 All Goods for warehouse and /or storage shall be listed by the Customer in such manner as the Contractor may require.
9.2 The liability of the Contractor shall be limited by the list of Goods and it shall not be responsible for any Goods not comprised therein.
9.3 Without prejudice to the generality of paragraph 7.4 above, the Contractor shall not be responsible for destruction or loss or damage to any article contained in any furniture, box or other receptacle unless the same has been packed by its employees, except where the Contractor has insured the Goods in accordance with paragraph 6.2 above.
9.4 The Contractor may refuse to deliver up to any person the Goods deposited or any of them unless a delivery order in writing (specifying or identifying the Goods to be delivered up and the person to whom they are to be delivered up) signed by the Customer and the original receipt for the Goods shall have been given to the Contractor. At least three working days notice shall be given by the Customer to the Contractor before the removal of the Goods may be required but special exceptions may be made at the discretion of the Contractor to release the Goods more quickly.
9.5 All claims in respect of loss or damage shall be notified to the Contractor in writing within five working days after the delivery of the Goods to the Customer and any claims not so notified within such time shall be deemed to be waived.
9.6 Warehousing or storage charges do not include the cost of packing any Goods or the carriage thereof to and from the warehouse.
9.7 All warehousing or storage charges whether of a recurring nature or otherwise are payable in advance and all additional charges (if any) are payable by the Customer upon written demand by the Contractor.
9.8 The Contractor may at any time send to the Customer written notice that the Contractor requires the Goods to be removed and the Customer shall remove the Goods within thirty days of receipt of such notice. if notice is given under this clause a proportionate refund of any annual charge shall be made for any period for which the Customer shall have paid an annual charge but during which the Goods are not stored by the Contractor. No other charge due will be refunded against any other sums due or becoming due in the future to the Contractor from the Customer.
9.9 The Customer acknowledges that if any sum shall be due from the Customer to the Contractor but shall not be paid within three days of the same becoming due and payable or the Goods are not removed by the Customer in accordance with the provision of these Conditions the Contractor shall be entitled to open the whole or any part of the property and to sell the whole or any part thereof and the Customer shall be liable for any costs and expenses incurred and in this connection the Contractor may apply the proceeds of sale in payment or towards the payment of all sums due to the Contractor by the Customer and all liabilities incurred by the Contractor on behalf of the Customer before paying the balance without interest to the Customer whereupon the Contractor shall be released from all liabilities of whatever nature in respect of the property.
9.10 In the alternative to paragraph 9.9 above, in the event that payment of any sums due to the Contractor are not paid within [seven] days of the delivery of an invoice the Customer shall pay interest on any overdue amount from the date on which payment was due to that on which it is made (whether before or after judgement) on a daily rate of U.K. Bank base plus 4% and fully and effectually indemnify the Contractor against all costs and expenses (including legal costs) incurred in the collection of any overdue amount.
10. Packaging, Transporting, importing and exporting
10.1 The Contractor is not a common Carrier and only deals with goods subject to these Conditions.
10.2 Pending forwarding or delivery goods may be warehoused or otherwise held at any place or places at the sole discretion of the Contractor and the cost thereof shall be for the account of the Customer and the Conditions set out in paragraph 5.4 hereof shall apply.
10.3 Except where the Contractor is instructed in writing to pack the Goods the Customer warrants that all Goods have been properly and sufficiently prepared, protected and packed.
10.4The Contractor is entitled to retain and be paid all brokerage, commission, allowances and other remuneration customarily retained by or paid by Shipping and Forwarding Agents (or freight forwarders) and insurance brokers.
10.5 The Customer shall be liable for any duties, taxes, imports, levies, deposits or outlays of any kind levied by the authorities at any port or place for or in connection with the Goods and for any payments, fines, expenses, loss or damage incurred or sustained by the Contractor in connection therewith.
10.6 When the Goods are accepted or dealt with upon instruction to collect freight, duties, charges or other expenses from the consignee or any other person the Customer shall remain responsible for the same if they are not paid by such consignee or other person.
10.7 The Contractor shall only be responsible for the Goods while they are in its actual custody and under its actual control and the Contractor shall not be liable for loss of or damage to Goods or failure to deliver the Goods unless it is proved that such loss or damage or failure to deliver the Goods occurred when the Goods were in the actual custody of the Contractor and under its actual control and that such loss or damage or failure to deliver the Goods was due to the wilful neglect or default of the Contractor or its own servants.
10.8 The Contractor shall only be liable for any non-compliance with the instructions given to it if it is proved that the same was caused by the wilful neglect or default of the Contractor or its own servants.
10.9 Save as aforesaid, the Contractor shall be under no liability in connection with Goods or instructions given to it.
10.10 Further and without prejudice to the generality of the preceding sub-paragraph, the Contractor shall not in any event be under any liability for any delay or consequential loss or loss of market howsoever caused nor for any damage or expense arising from or in any way connected with the marks, weights, number, brands, contents, quality or description of any Goods howsoever caused.
10.11 In any event the Contractor shall be discharged from all liability,
10.11.1 For loss from a package or anunpacked consignment or for damage, deviation or mis-delivery (howsoever caused) unless notice is received in writing within seven days after the end of the transit where the transit ends in the British Isles or within fourteen days of the end of the transit where the transit ends anywhere outside the British Isles.
10.11.2 For loss or non-delivery of the whole of the consignment or any separate package forming part of the consignment (howsoever caused) unless notice be received in writing within twenty-eight days of the date when the Goods should have been delivered.
10.12 The Contractor shall not be obliged to make any declaration for the purpose of any statute as to the nature or value of any Goods or as to any special interest in delivery unless required by law or expressly instructed by the Customer in writing.
10.13 Where there is a choice of rates according to the extent of degree of the liability assumed by carriers, warehousemen or others Goods will be forwarded and dealt with at the Customer's risk or other minimum charges and no declaration of value (where optional) will be made unless express instructions in writing to the contrary have previously been given by the Customer.
10.14 The Customer shall be deemed to be bound by and warrant to the accuracy of all descriptions, values and other particulars furnished to the Contractor for Customs, Consular and other purposes and the Customer undertakes to indemnify the Contractor fully against all losses, damages, expenses and claims arising from any inaccuracy or omission even If such inaccuracy or omission is not due to any negligence.
10.15 Instructions to collect payment on delivery in cash or otherwise are accepted by the Contractor upon the condition that the Contractor in the matter of such collection will be liable for the exercise of reasonable and diligent care only. A percentage charge will be made for any cash, cheques or negotiable instruments collected.
10.16 Perishable Goods which are not taken up immediately on arrival or which are Insufficiently addressed or marked or otherwise not readily identifiable may be sold or otherwise disposed of without any notice to the Customer and payment or tender of the net proceeds of any sale after deduction of charges shall be equivalent to delivery.
10.17 The Contractor shall be entitled to sell or dispose of all non-perishable Goods which in the opinion of the Contractor cannot be delivered either because they are insufficiently or incorrectly addressed or because they are not collected or accepted by the consignee or for any other reason upon giving twenty-one days’ notice in writing to the Customer.
10.18 All charge and expenses arising in connection with the sale or disposal of Goods shall be paid by the Customer.
10.19 The Contractor shall not be liable for any loss or damage to the Goods occasioned during storage, if such event has arisen from:
10.20 Act of God.
10.21 Any consequence of war, invasion, hostilities or by Order of Governmental or Public or Local Authority.
10.22 Seizure under legal process.
10.23 The act or commission of the Owner or those of whom he Contracts or Servants or Agents of either.
10.24 Inherent or latent defect, vice or natural deterioration of Goods.
10.25 Inadequate or improper packing if the packing has not been carried out by the Contractor.
10.26 Insufficient or incorrect labelling or addressing if this has not been carried out by the Contractor.
10.27 Riot, Civil Commotion or Industrial Action