The Freemanart Consultancy
Terms and Conditions
Relating to; Goods and or Services - Appraisals - Valuations - Research and Authentication, Attribution Procedures
Pre-authentication assessments and formal Art Brokerage and art collection advisory.
OUR EXPLICIT RIGHT OF REFUSAL
1- Please be advised that we absolutely reserve the right to refuse to investigate and assist with, assess or progress, any investigations into authenticity, or of the value any work of art or property, which we feel is in any way, questionable, unethical, illegal, burdensome, or has such unsavoury elements surrounding it. Or which may have such elements connected to it that might emerge as a result of our enquiries.
Or any that we feel are inappropriate, illegal, obstructive and or misleading in any way.
Or which may conflict with, or endanger our reputation, integrity or that of any of our clients.
Our judgement in such matters is final and is maintained as our absolute right to quit.
2- As such, Freemanart retain the right to quit and withdraw in entirety from any investigation, assessment, research project, representation or evaluation and at any point in time, at our own discretion. This is made using our own judgement based upon and by any such event or events or factors coming to light.
3- Please also be advised: Works of art which may be listed as stolen, or items of concern in terms of dubious or questionable previous ownership and provenance, shall be reported, as a matter of duty and responsibility to the appropriate authorities and immediately by us.
Under those circumstances, any confidentiality agreement, or obligation entered into by us in that respect, shall be deemed null and void and shall not inhibit the disclosure of that information to those legal authorities.
On Line Financial Assessments:
1- Works of art assessed for value or evaluated from digital images supplied by the inquirer or client requiring a simple assessment of value. These are assumed to be accurate, legitimate and authentic and are seen as factually correct when presented by, indicated and / or described by the client or enquirer to us.
We cannot and shall not be held responsible in any way for errors, omissions, or the accuracy of any information or opinions that the client supplies to us. Nor for any errors of judgement made by us as a result of those inaccuracies, or misinterpretations of information as supplied by the client what so ever.
Any assessment of value of the item/s is determined by us, based on the information that is submitted to us and therefore said information is delivered in return by us in good faith, taken from our databases and indexes of current values and market pricing.
2- Any value we provide in this manner is 'estimated only' and is supplied on the strictest understanding that it may be altered, updated or revised by us at any time and that said evaluation has not been substantiated through personal inspection of the item or work of art by us.
3- The value/s given are therefore an estimate of worth and may be considered as a guide only . Unless presented in writing to the client for additional fee and by mail or courier. We primarily aim to offer an estimated auction parameter value of said item.
4- The condition of the item or work is not taken into account, unless the work or item is examined personally by us.
5- No guarantee what so ever, of either legitimacy or authorship, is given or inferred to, in respect of any such enquiry or on line assessment, nor shall be entered into. This in any case, unless the work has been personally inspected and investigated by us. Or be it that a determination by alternate scholars has been achieved following our investigation in connection with that specific work.
This to be delivered by mail or courier and for an additional fee.
6- No guarantee of ultimate worth or value is inferred or shall be entered into by us.
7- All opinions and advisory are our own opinions and offered in good faith to our clients.
8- We shall endeavour to assess and evaluate the market value works of art based upon clear cross comparative study, our broad based knowledge of the international art and antiques market and whenever possible, using clear reference and or physical comparative record which we hold or can access.
We use up to date and archived, standard industry references. For example: Blouins Art Sales Index (ASI) Gordon’s Print Price Guide, Lawrence’s retail guide, Canadian Art Sales Index and so on, plus a variety of other databases and will also seek alternate professional expert opinion if we deem it necessary.
We offer our assessment of value as our opinion only.
We shall not; nor will we be required or expected to substantiate this assessment.
Preliminary or Pre-Authentication Assessments.
1- Concerning works of art to be assessed or evaluated prior to authentication investigations and procedures being undertaken by us and or instructed by the client
(This shall be undertaken from digital images and information supplied by the enquirer or prospective client and assumed by us to be correct)
These details, any information and images are accepted by us on the understanding that they are delivered as accurate and correct representations and any facsimile images or photographs of the work of art are equally legitmate and correct.
Any and all of the information given by the client and described are assumed to be true and factually correct. We assume it is correctly presented, indicated and or described by the client or enquirer to us and is guaranteed as such by the client.
This includes, all and any provenance details, (and that copies of paperwork and references required, are indeed also legitimate) That the work of arts history and the description of medium and materials and or dimensional information are warranted as accurate when presented.
Given the client falsely offers, or mistakenly offers information to us which is inaccurate, we shall be in no way responsible for that action nor inaccuracy. Nor any incorrect advisory offered in relation to that error or misjudgment
That is as to the viability, the 'possibility' or' likelihood' of securing authenticity, subject to further in depth investigation and being underpinned and secured (further individual fees will be involved)
In advising the client prior to the client committing to any further authentication processes, we will endeavour to opine if it is meritorious or not, in our considered opinion, that it may be worthy to proceed further with it. In such cases, we will also aim to give our professional opinion as to the likely value of the piece, assuming that it were indeed legitimate. But only given we are comfortable able to support it's processes forward.
This does not warrant nor guarantee the finite result of any future ongoing research or investigation that we or other parties may undertake for the client or enquirer.
*Such an assessment does not include any form of a comprehensive or a written report.
We do not enter into discussion or in depth explanation of our decision or overview in connection with such a preliminary assessment, nor submit a written report to the client at this level, nor will we entertain doing so.
We give that viability advisory based upon our experience and understanding of all the presented and related facts.
The decision to proceed is the clients own and cannot be construed as ours. We shall not be liable in any respect for a clients own decisions.
We shall not be liable in any way for any form of non positive outcome.
In as much as we have been mislead, misinformed, or that disclosure of facts have been covered up, disguised or misdirected to us. Or that the client is ill advised in our opinion to proceed given reservations that we hold, or if we hold the opinion that a positive attribution cannot be supported by us.
Our judgment in such matters is final and is maintained as our absolute right.
Research, attribution and all procedural authentication investigations:
1- Investigations and inquiries conducted by us on behalf of clients shall only be entered into by contractual agreement and the decision to proceed made entirely by the clients, entirely at their own risk.
Investigations are entirely unknown quantities and it will be understood by the client to be just that. It is an 'investigation.'
The action of investigating something or someone, formal or systematic examination, or research including any formal inquiry or systematic study cannot be pre determined, nor will we accept any pressure or effort by a client to influence or alter any negative findings in favour of the client and their case.
As in paragraph one, this is unacceptable to us and we in such instances have and will have every right to quit.
2- All investigation and research shall be funded by advance financing, as per the individual contract or agreement stipulating a confirmed rate for our research services.
This sum is to be paid in advance of all and any services rendered and expenses and fees deducted accordingly. This is to be clearly understood by the client.
3- Information, opinion and estimated value of the item determined by us is based on the information that is submitted to us and or uncovered by us during the period of investigation. It is therefore delivered by us in good faith, but without guarantee or finite accuracy.
Our judgement in such matters is final and is maintained as our absolute right.
4- All information on our electronic system shall remain there for a period of four months after the closure of a case. Or in the receipt of enquiry, one month.
All hard copy case information received by us in support of an investigation shall be removed after a period of four months following the closure of that case and destroyed. Or if only an enquiry, one month. Unless required by the client and requested in writing prior to this.
5- We shall not be responsible for the return of clients CD, digitally stored information, photographs, images or and fabricated or paper correspondences and information however provided, unless this is specifically arranged between the client and us in the primary period of enquiry and or in the setting up of a contractual agreement.
This also applies to pre-authentication assessment material supplied to us by the client and also to all general investigations.
We shall hold these items in secure circumstances for a period of three months only, whereupon such hard copy material will be permanently and securely disposed of to protect the clients confidentiality.
Acquisition Management and Advisory:
In this measure, we are held on annual retainer on behalf of clients seeking fine art acquisitions and for that fee, in an ongoing service capacity, we research and seek relevant opportunities for the those clients weekly at our discretion.
This is affected by personal attendance to view where possible and regular in depth review of both international and domestic auction catalogues, through communications with our network of dealer and gallery contacts internationally and in pursuing any potentially viable liaison between our collector clients and private brokerage clients.
It is specified and recognised that in the event of a successful purchase affected through our advisory services or offices and on behalf of our client, a separate finders fee of 5% of the final purchase price is payable to us and set against each purchase.
It is also specified and recognised that personal client representation externally, is subject to all reasonable attendance and travelling expenses irrespective of the completion of a purchase. The client will be invoiced separately upon completion of this service.
Any works of art offered for sale:
If we are required to act as intermediaries and / or agents for private clients around the world, we may from time to time offer fine works of art for sale by private negotiation and in the strictest of confidence.
Please note that we make every possible effort in describing the works offered as accurately as possible and with the best of intentions.
Authenticity is 'assumed' unless stipulated as and or guaranteed by us.
All works of art for sale, are offered as described and sold 'as is' with all faults.
Photographs and Images:
Although we cannot guarantee the 'absolute' accuracy of the colour photographs we use to illustrate the works on display in our web site or gallery, we advise you that we have taken the digital images at a minimum resolution of 2.5 million pixels or more and consider the image to be a very fair representation of the piece, unless otherwise stated.
In most cases, the works have been photographed professionally. Clients images will not in our opinion have been enhanced or corrected if photographed by us.
Payments: Goods and Services.
We accept payment for minor purchases and services, preferably through Paypal with all major credit cards ( 3.95% surcharge applies on all transactions)
We also accept MoneyGram
All major transactions must be met by Direct Bank Transfer [BACS] or Chaps + Bank charge
Also acceptable in some cases are personal cheque's, cash and money orders, delivered by post or courier and cleared in advance of delivery of goods or services.
All services and goods are provided only upon pre payment of those services.
All prices and fees are quoted in USD and are to be paid unless otherwise specified and agreed.
*Transactions may also be completed by arrangement in other currencies and any variable commissions between said currency and USD which may be applicable at the time, are to be met by the client.
Our judgement in such matters is final and is maintained as our absolute right.
We are able to despatch works of art or goods offered for sale, appropriately packaged for transit to any destination in the world. Understandably, this shall only be entertained upon clearance of required funds to do so.
Packages will be fully insured and packed according to purchasers 'specific instructions,' at an agreed and additional cost to the purchaser. This would include such instances as postage and packing, crating and or 'rapid response delivery' by courier, etc
We advise clients and prospective clients, that all International transit and transport costs and all duties and or taxes which may be appropriate to your region are to be met by the purchaser. Under certain circumstances to be determined by us, additional handling charges may be have to be applied.
Fees and minimum retainer will be discussed with client and form part of our contractual agreement according to project requirements after preliminary assessment..
Basic ongoing Academic Research and Investigation fees:
Our hourly Investigation, enquiry and or research fee is set according to our current fee structure, per hour or part thereof.
Preferred Client / Monthly Contracted Academic Research & Investigation fees:
In this instance our hourly fee is set at a reduced rate according to our current fee structure.
The information and graphics on the web site may contain inaccuracies, typographical errors and out of date information.
Your use of this site and the information and graphics contained on this site are at your own risk.
Freemanart, its affiliates or subsidiaries, do not warrant, represent or guarantee the accuracy, timeliness or completeness of this site or any of the information on it or graphics contained on this site.
*THIS SITE, AND ALL MATERIALS CONTAINED ON THIS SITE, INCLUDING BUT NOT LIMITED TO INFORMATION, GRAPHICS, AUDIO, VIDEO, SOFTWARE AND OTHER DATA, IF ANY, ARE PROVIDED “AS IS” WITHOUT EXPRESS OR IMPLIED WARRANTIES OR GUARANTEES OF ANY KIND, INCLUDING BUT NOT LIMITED TO ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.
While the Freemanart Consultancy seeks to present accurate, reliable, complete, current and useful information, both on this web site and to our clients, we do not guarantee or warrant the accuracy, suitability, reliability, completeness, or usefulness of the information we provide. This includes information, products or services, be it at or through this web site or at other sites to which we link.
Therefore, any use of or reliance upon information or products from this site or a linked site is at the user's risk.
Be advised that under no circumstances shall the Freemanart Consultancy be liable for any direct, indirect, incidental, special, punitive or consequential damages, including without limitation, lost revenues, lost profits, or loss of prospective economic advantage, that result in any way from your use of or inability to use our services or the web site, your reliance on or use of information, services or merchandise provided on or through the Web site; or mistakes, omissions, interruptions, deletion of files, errors, defects, delays in operation, or transmission or any failure of performance, even if the Freemanart consultancy has been advised of the possibility of such damages, or of any claim by another party.
Freemanart, its affiliates or subsidiaries have no duty to update or keep current this site and disclaim any responsibility for the content or accuracy of the information contained on this site. To the extent permitted by law.
Freemanart, its affiliates or subsidiaries will not be liable to you or anyone else for (1) any decision made or action taken by you or anyone else in reliance on materials or information obtained or downloaded from this site, or (2) any direct, indirect, consequential, incidental, special, or similar damages even if Freemanart, its affiliates or subsidiaries are advised of the possibility of such damages. Certain states do not allow the limitation or exclusion of liability, so some or all of the above limitations and exclusions may not apply to you.
Current as of January 1. 2019