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T's and C's

FELLOWS FRAMING - GENERAL TERMS AND CONDITIONS 18/1/22

 

The contract shall be governed by the Laws of England. These terms shall form the basis of the contract between the seller, Sarah Trenchard T/A Fellows Framing, and the customer in relation to the sale of goods and/or services. All ordered goods and/or services shall be deemed to be an offer by the customer to purchase goods and/or services from the seller. Acceptance of commencement of the services shall be deemed to be conclusive evidence of acceptance of our terms and conditions. These terms represent the whole of the agreement between the seller and the customer. They supersede any conditions previously issued. These terms apply to all orders for goods and service.                           

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    1. Prices. All prices are in pounds sterling, and are inclusive of VAT. Quotes are valid for 30 days from the date of the quote. If the customer wishes to change any product, or the product becomes discontinued, Fellows Framing reserves the right to amend the prices on the quotation accordingly. 

    2. Cancellations/Returns/Refund. The customer may cancel the order of a bespoke product within 24 hrs of placing it in person/by email/text. After this period, it cannot be cancelled for any reason whatsoever. Our bespoke goods that we supply include, but are not limited to, picture frames, mounts, boards, frame repairs and glazing. Fellows Framing makes bespoke products following specific instructions and guidelines provided by our customers. Please, notice that NO RETURNS OR REFUNDS will be accepted on any goods unless they are of faulty workmanship. Fellows Framing will agree to exchange a product if it is found to be faulty, or if not as stated on the order form. The customer is responsible of returning a faulty bespoke product within 14 days of its collection by prior arrangement.

    3. Changes to Orders. We will only change an order (or add to an existing order) if you request the change/addition within 24 hours of placing the original order. Changes requested after this time may be allowed, however, this is at our own discretion depending on the additions required.                            

    4. Order Processing Timescale. Order processing timescales are defined as the time between your order being placed in person/email/text and the date on which your order will be ready for collection. The order processing time varies depending on the size of your order, supplier material stocking levels, and general demand. Timescales are not guaranteed, but we always endeavour to process your order as fast as possible, with an estimate of 4-6 weeks from ordering. We will be in touch regularly with updates if the order is likely to take longer than stated at the time of ordering.

    5. Timescales. Whilst every effort will be made to meet the estimated timescales for a given order, timescales are not guaranteed, and we accept no liability or consequential loss for delays to your order. Please note that delayed delivery shall not be grounds for rejecting goods or terminating the contract.

    6. Liability. You acknowledge and agree that we are only willing to provide our products and framing services if you agree that our liability is limited as specified in section 2 below.  We will not, under any circumstances be liable for any consequential loss as a result of the incorrect supply of items, late delivery of items, accidental misrepresentation of items or any other reason whatsoever whether avoidable or not.

    7. Payment and Interest. All orders will require a 50% deposit to confirm the order and to allow the work to start. The remaining 50% must be paid for in full before or on collection, and before delivery if applicable. We reserve the right to charge interest on overdue invoices which shall accrue from the date when the payment becomes due (this is 14 days from the date of invoice) , calculated on a daily basis until the date of the payment at the rate of 5% above the bank of England base rate. The customer shall pay all accounts in full and not exercise any right of set-off or counter claim against invoices submitted by the seller.

    8. Title and Risk. Risk shall pass on either collection from our premises or the delivery of the goods to the customer’s address. Notwithstanding the earlier passing of risk, title in the goods shall remain with the seller and shall not pass to the customer until the amount due under the invoice for them (including interest and costs) has been paid in full.

    9. Collection. We ask that completed orders are collected within 30 days from the date of the invoice, or ASAP for large items. Upon collection the customer shall inspect and examine the goods/services supplied. Any concerns should be raised by them then. Collection by the customer shall be deemed to be acceptance that they are satisfactory and meet expectations. It is the customer’s responsibility to ensure a safe transport of their collected orders. 

    10. Storage of Uncollected Orders. We would appreciate it if you could collect your completed order once it is ready since we have limited storage space and therefore we reserve the right to charge a storage fee of £1.00 per day on orders that are uncollected after 30 days from the date on the invoice. If you have an uncollected large item, please get in touch to arrange collection ASAP and please note that for uncollected larger framed items, these may have to go into commercial storage at a different location after 30 days from the date on the invoice, all transport and associated storage fees will be invoiced and payable when you do collect.

    11. Disposing of Uncollected Framed Artwork. If framed artworks remain uncollected, after 3 months from the date of the invoice, we will contact you in order to remind you that the order needs to be collected, confirm the outstanding balance (frame costs, storage costs, interest on unpaid invoices) and notify you that if it is not collected within a further 1 months we reserve the right to dispose of or sell your framed items to create space and recover monies owed to us. If disposing of the artwork raises any funds, from those funds we will take the money owed to us, plus storage and handling charges, any remaining funds will be passed onto to you (the customer).

    12. Force Majeure. We shall not be liable for delay or failure to perform any obligation under these terms & conditions if the delay or failure is caused by any circumstances beyond our reasonable control, including, but not limited to, acts of god, war, civil disorder or industrial dispute. If a force majeure event prevents the us from being able to provide its goods and services we reserve the right to cancel the contract immediately by giving written notice to the customer.

    13. Data Protection. We will only use the information we collect about you lawfully (in accordance with the Data Protection Act 1998). You may email us to check the information we hold about you at any time.

  2.  Limitations of Liability

    1. Moulding Colour & Appearance. Colours of mouldings, in particular natural grains such as oak, vary in colour and grain. We cannot always guarantee an exact match to products from previous orders, nor to samples shown to you in the workshop. 

    2. Canvas Stretching. Canvas must be stretched onto wooden bars; when stretching a canvas, there is a risk that the paint surface may crack. For quality paints and canvas the risk is very low indeed however, for thin, lower quality canvas or fabrics, there is a risk of cracking. To stretch a canvas/fabric onto a wooden stretcher frame, the framer will have to apply pressure to literally stretch the artwork onto the stretcher frame. Please note that Fellows Framing will not be held liable for any such cracking of the paints surface that results from professional stretching.

    3. Dry and cold mounting, and trimming artwork. This is not a reversible process and is not without risk, and may decrease the market value of the object. We do not recommend it is used on items that are one-offs or cannot be easily reprinted or replaced.  Fellows Framing will take every precaution in handling your artwork; however, we will not be held responsible for loss or damage or any consequential loss or damage, that could occur as a result of a permanent mounting process and trimming. The responsibility of any possible devaluation of the artwork due to wet or dry mounting and/or trimming lies with the customer. 

    4. Hand Painted frames. The customer accepts that hand painted frames made by Fellows Framing are painted in house. Despite the use of the same colour of the paint manufacturer’s brand, there can be variations in shade that can make it look slightly different from the original sample.

    5. Textiles - Cross stitch works, embroideries, tapestries, and needlework in general. These items should be washed and ironed by the customer, if appropriate, before being framed. Any loose threads and knots of the back should be tidied up. Fellows Framing will stretch the work by reversible lacing carefully, but patterns with straight lines can cause problems as hand-crafted stitches are not all of the same tension. Fellows Framing cannot accept any responsibility for any changes to the artwork visual appearance derived from the stretching and/or framing process.

    6. Charcoal and other dry mediums. It is the responsibility of the customer to fix any artwork made of charcoal, carbon pencils, chalk or any other medium that can crumble, disintegrate, generate debris and/or stain the artwork itself or any other artwork in the premises. Fellows Framing  does not fix any of these mediums prior to being framed and will not accept any claims if the debris generated by the artwork propagates inside the frame itself once the work is finished. The customer is liable for any damages that unfixed or hazardous artworks can cause to other artworks in the premises or to the premises themselves.

    7.  Artworks made using organic mediums or organic objects. Please keep in mind that materials of organic origins (like, for instance, dry flowers) will disintegrate in time as they age and oxidate. Fellows Framing cannot accept any responsibility for natural decomposition processes affecting organic materials before or after they have been put into a frame.

    8.  Frames kept in challenging environments. It is the entire responsibility of the customer to correctly store and maintain their framed artworks. Fellows Framing does not accept any liability for damaged frames and/or artworks that may have been kept in challenging environments, exposed to dampness, hazardous materials, or direct sources of heat. This includes bathrooms, radiators, garages, outdoor environments, and many other situations that can affect the stability of the materials used for the framing process and the artworks. 

  3. Pre -Existing Damage to Items bought for framing. 

    1. Cockled paper cannot be flattened. Damage from acidic mounts and boards, foxing and mould can only be restored by a professional paper/oil/textile conservator. If you suspect woodlice, wool moths, silver fish please treat your items before arriving at the workshop. Fellows Framing is not responsible for any repairs or claims regarding any damage or defects the items may present when brought to the premises by the buyer.

  4. Damage/Loss

    1. Insurance Cover. While scenarios of damage and loss are extremely unlikely, our business insurance offers limited remedy for damage to/loss of your artwork/items left in our care for framing. If in doubt, you should ensure that important items brought for framing are fully covered by your own insurance company, that insurance should include fire, theft, accidental damage, AND process cover. 

    2. Limited Remedy for Damage to/Loss of your Artwork. If we were to lose, part damage or damage your artwork whilst it is in our care, the companies’ liability and remedy shall be limited in line with these terms and conditions, please read them carefully. 

      1. Stated value - The £ value of the item recorded at the point the order is placed. Our liability is limited to the items value recorded at the point of sale. The stated value should be realistic and reflect the items condition when brought in for framing. Further to this, should the need to claim arise, proof of the items value will be required by us/our insurance company, such as purchase receipt or professional valuation. Under no circumstances will we pay-out more than the items recorded value.  The maximum stated value we will insure is £10,000, if your item is worth more than £10,000 you should either: a. Ensure your item is fully covered by your own insurance while it is left with us OR b. Speak to us about us increasing our insurance cover for the period your item is with us. N.B. there would be a cost to this. 

      2. Remedy in the case of damage or total Loss. You agree that in the case of damage or loss, our total liability is limited to the stated value of the item recorded at the point the order is placed. If restoration is a viable option, we will try to source a suitable restorer and will fund restoration up to the value £250 (where the item is below £250) or up to the items stated value (to a maximum of £10,000 unless otherwise amended after discussion with yourself). If restoration is not an option due to the nature of the item/damage we will make a payment to you up to the stated value. In the case of total loss, we will pay out up to the items stated value only once we and our insurance company have satisfactory proof to substantiate the stated value, i.e., receipt and/or a professional valuation. The items condition report will be required by the insurance company, the items condition at the time it was brought for framing will affect its valuation, if your item had any damage or issues when initially brought to us, the valuation may be reduced.

  5. Nothing in these conditionals shall limit or exclude the seller's liability for:
    1. Death or personal injury caused by its negligence, or the negligence of its employees or sub-contractors. Fraud or fraudulent misrepresentation. Breach of terms implied by section 2 of the Supply of Goods and Services Act 1982. Breach of the terms implied by section 12 of the Sale of Goods Act 1979. Defective products under the Consumer Protection Act 1987.
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