Julius Lowy Frame & Restoration Company, Inc.
Art Restoration & Conservation Services
The Terms and Conditions of Julius Lowy Frame & Restoring Company, Inc.
1. Parties to the agreement.
This agreement is made between Julius Lowy Frame & Restoring Company, Inc. (“JL”) and The Client Where the client is not an individual The Client hereby warrants that the authorized signatory whose details appear in the work order form (“the Authorized Signatory”) has The Client's full authority in all aspects in relation to this agreement. Each of these terms and conditions apply between JL and the client as specified in a JL Restoration Work Order or Estimate (RWO/E) document unless otherwise agreed in writing signed by JL and The Client (or Authorized Signatory).
2. Description of Item.
JL will have no responsibility for the accuracy of the description of the item in an RWO/E.
3. Agreed Documentation.
It is in the interest of The Client, JL and the item that:
a. Prior to any work being carried out by JL an accurate and detailed preliminary report is made as to the condition of the item.
b. For lengthy or complicated works, interim “progress reports” m a y b e made. Any such report if signed by JL and the Client (or Authorized Signatory) shall be considered a part of this agreement and shall be conclusive evidence of the condition of the item, the nature of the work and its intended results.
c. After completion of the work by JL, a final report is made detailing the work carried out by JL and the condition of the item.
d. A photographic record of the condition of the item is made. JL retains the copyright in all reports, drawings, photographs or other forms of documentation made under or in relation to the work order. Such reports, drawings, or photographs may not be reproduced in whole or in part without JL's written consent which may or may not be given on such terms as JL thinks fit or declined with or without reason.
Documentation is only produced on request.
4. Agreed Work.
JL shall perform the agreed work set out in the description of work section of the RWO/E. By accepting these terms and conditions The Client hereby warrants to JL that The Client is the legal owner of the item or has all necessary rights, licenses and permission to authorize JL to carry out the agreed work and that the item is free of all liens, charges and encumbrances of any nature. The Client shall indemnify and hold JL harmless against all costs, claims liabilities and expenses incurred by JL in connection with any claim by any third party that The Client was not entitled to permit the agreed work to be carried out. JL shall use all reasonable care and diligence in carrying out the agreed work. If any process is to be applied by JL in accordance with a specification submitted by The Client, The Client shall indemnify JL against all loss, damages, costs, claims and expenses suffered or incurred by JL in connection with or paid or agreed by JL in settlement of any claim of any nature by The Client or any third party arising out of or connected with the said process. JL reserves the right to refuse requests contrary to AC A professional guidelines. The Client hereby acknowledges that the item is subject to natural variations and deteriorations of color, quality, markings and other visible and non-visible attributes. The Client hereby agrees and acknowledges that such variations and deteriorations are innate to the item and shall not form the basis for The Client to reject all or part of the item nor give rise to any claim by the client against JL. The Client hereby acknowledges that the need for further work may arise during the undertaking of the agreed work. The Client agrees that any additional work incurring an increase in costs of less than 5% of the estimated total will not require the consent of The Client. Additional work incurring an increase in costs of more than 5% of the estimated total will not be carried out without The Client's consent. There is no obligation to agree to proceed with such further work, however, depending on the amount of work already done there might be a charge even if the work is not continued. Quotes are valid for three months after issuing. All old covers and/or cushions removed will be discarded unless otherwise advised by the client.
On receipt of an RWO/E JL will schedule the agreed work and notify the Client of the planned completion date. JL operates a ‘slot’ system where work is booked in slots. Time allocated for a job is based on the extent of work quoted for. If a quote is revised and more work is agreed to JL cannot always guarantee any time scale or deadline as other customers slots have to be honored. Any dates or periods of time quoted in the RWO/E in relation to the carrying out or completion of any work, or the making of any report or specification are estimates only and the time of the completion shall not be the essence of the Contract. JL will endeavor to complete the agreed work within the estimated time but JL shall not be liable for any loss or damage resulting from any failure by JL to perform any obligations by any date, or within any period of time, quoted in the RWO/E.
The estimated cost is indicative only and is not a fixed quotation unless previously agreed with The Client. The estimated cost shall be open for acceptance by The Client for a period of three calendar months from the date on which it is given. Where any such estimate is not accepted within three calendar months, JL reserves the right to give a revised estimate, which shall be open for acceptance by The Client for a further period of three calendar months. The Client agrees to pay JL the cost of the work to be carried out, the cost of documentation and any additional costs, as specified in the RWO or UE in accordance with the payment terms below. JL reserves the right to revise the estimated cost in accordance with any agreed changes to the specification. JL reserves the right to require a deposit prior to the beginning of restoration work dependent on the scale of the work and anticipated associated costs.
7. Terms of payment.
Payment is due from the Client on the date of receipt of any invoice submitted by JL.
8. Collection and Storage.
The item shall be collected by the Client (or the Authorized Signatory) from JL premises within two weeks of notification of completion. If not so collected, JL shall be entitled to charge the storage charge of $15 per square foot per month, such storage charge being payable from two weeks following the date of notification of completion until the date of collection. If the item is not collected within six months of the date of notification of completion then title to the item shall pass to JL who shall be entitled to sell the item and recover from the net proceeds of sale such sums as may be due to JL under or in relation to this agreement.
Where the contract is cancelled prior to completion of the work specified in the contract, the Client shall be liable to pay JL the cost of any documentation and work already carried out and any additional costs already incurred by JL. JL will not accept any liability for any damages, costs, claims and expenses which result from incomplete conservation treatment following cancellation or non-payment of money due from The Client.
The Client remains responsible for the risk of damage to or loss of the item whilst in JL's custody including but not limited to fire, theft and any other accident. The Client hereby agrees to take all necessary steps to insure the item whilst it is in the custody of JL. JL will have no responsibility to insure the item unless specifically requested to do so by The Client in writing at least 28 days prior to the item being delivered to JL and specifically accepted on that basis in writing by JL in which case The Client will be liable for the payment to JL of all premiums necessary to effect such insurance on or prior to delivery. JL may at any time refuse to accept the Clients instructions to insure the item in which case the responsibility to insure will revert to The Client.
JL is excluded from all liability to The Client except for professional liability involving the willful neglect or default of JL, its employees or agents. JL's liability shall not exceed the cost of the work as specified in the Contract. Under no circumstances shall JL be liable for any loss of profit or any indirect or consequential loss or damage. This clause shall not exclude JL's liability for any death or personal injury caused by JL. The Client agrees and accepts that JL is only prepared to undertake the agreed work on this basis and that such limitation of liability is fair and reasonable in all the circumstances.
12. Third Parties.
Where JL recommends to The Client any work to be carried out whether such recommendation is made in a report or otherwise, JL is excluded from all liability to The Client in relation to any such work being carried out if and insofar as The Client engages a person other than JL to carry out the work.
No alteration or variation to these terms and condition or to the RWO/E shall be binding unless such alteration or variation is in writing and signed by JL and The Client (or
Any dispute or difference arising out of or in connection with a RWO/E shall be determined by the appointment of a single arbitrator to be agreed between the parties, or failing agreement within fourteen days, after either party has given to the other a written request to concur in the appointment of an arbitrator, by an arbitrator to be appointed by the President of the Chartered Institute of Arbitrators.
Work agreed can be cancelled within 7 days of signing a RWO/E. Any deposits paid will be refunded unless there have been specific costs incurred by JL specific to the RWO/E.
16. Governing Law.
This Contract shall be governed by and construed in accordance with New York State law and the parties agree to submit to the exclusive jurisdiction of the New York Courts.