Owl sculpture in the garden

Terms and Conditions

 

DEFINITIONS

In these Conditions the following definitions apply:

Contract or Order means the agreement between Jennifer Tetlow Stone Sculpture and the Customer for the sale and purchase of the Works, incorporating these Standard Terms and Conditions and Order Confirmation.

Customer means the customer identified in the Order Confirmation.

Deposit means the % agreed of the list price of the ordered or commissioned Work.

Order means the order for a Work or Works issued by the Customer.

Work means the works to be purchased by the Customer as identified in the Order Confirmation.

Quotations and Orders

Quotations issued by Jennifer Tetlow Stone Sculpture are valid for 30 days from the date of issue.

For mainland UK, prices quoted do not include delivery and installation unless stated otherwise.

Lead times for Works are typically 14 weeks.  Jennifer Tetlow Stone Sculpture will provide the Customer with an anticipated date for delivery once the Order has been placed and the Deposit paid, where relevant, and any personalisation details have been agreed and signed by the customer.

On placement of the Order, the Customer shall pay to Jennifer Tetlow Stone Scupture the Deposit for the ordered Work.  The Customer shall provide the information specified in Customer Responsibilities at the time the order is placed.

Following receipt by Jennifer Tetlow Stone Sculpture of the Order, the parties shall then agree the detailed specifications of the Order.

Jennifer Tetlow Stone Sculpture will issue the draft Order Confirmation which will set out the detailed specifications agreed by the parties and the relevant price for the supply and installation (where relevant) of the Work (subject to extra charges that may become applicable in accordance with these Standard Terms and Conditions).  The Customer shall indicate its acceptance of the Order Confirmation by signing or ticking the appropriate box.

If the customer requires personalisation, it shall complete the Personalisation Form and submit the information to Jennifer Tetlow Stone Sculpture as soon as possible after placement of the Order.  Should any change be required to the Personalisation Form after the customer has been notified that production of the work has been commenced (but before completion of the production of the Work), Jennifer Tetlow Stone Sculpture will be entitled to make a reasonable charge for making the agreed changes to the Work.

Where required Jennifer Tetlow Stone Sculpture shall issue a Drawing Approval Form including the technical drawings for the Work for approval by the Customer.

If the customer gives written notice of withdrawal of an Order before signing the Order Confirmation, Jennifer Tetlow Stone Sculpture will refund the Deposit less reasonable administrative and preparatory costs and expenses incurred in processing the Order to the date of notice of withdrawal.  The Deposit becomes non-refundable once the Customer has signed the Order Confirmation.

If the production process of a Work is delayed as a result of any failure by the Customer to provide information required by Jennifer Tetlow Stone Sculpture for the production process within four weeks of a request for such information (including without limitation the provision of the completed Personalisation Form), Jennifer Tetlow Stone Sculpture reserves the right to charge the Completion Payment to the customer.

In the event of a shipment of the Work being received by the Customer in a damaged condition, the delivery agent’s paperwork must be signed and marked to record that the shipment was damaged.  Under no circumstances should the delivery crate be discarded.  Photographs of the damaged Work and crate should be sent to Jennifer Tetlow Stone Sculpture as soon as reasonably practicable after delivery and where possible within 24 hours.

 

Jennifer Tetlow Stone Sculpture Responsibilities

Jennifer Tetlow Stone Sculpture shall use all reasonable endeavours to provide the Work and any installation services within 12 weeks of the completed Personalisation Form, or earlier if agreed in advance with the Customer and in accordance with the specifications set out in the Order Confirmation and Personalisation Form.

Jennifer Tetlow Stone Sculpture shall comply with its obligations under the applicable health and safety legislation.  In circumstances where Jennifer Tetlow Stone Sculpture issues health and safety data sheets for commissioned Works, the Customer shall be responsible for ensuring that its employees and contractors read and observe the instructions and recommendations in them.

Jennifer Tetlow Stone Sculpture shall not be liable for:

any damage to a work that, in its reasonable opinion, has been used other than in accordance with the instructions issued, or otherwise abused in any way

any damage, injury or loss caused by any personnel other than those provided by Jennifer Tetlow Stone Sculpture.

Nothing in this Contract limits the liability of Jennifer Tetlow Stone Sculpture for death or personal injury caused by the negligence of Jennifer Tetlow Stone Sculpture or its employees, fraud or fraudulent misrepresentation, or any other losses which cannot be excluded or limited by applicable law.

Where a Work is to be delivered outside mainland UK, Jennifer Tetlow Stone Sculpture will provide installation instructions.

Jennifer Tetlow Stone Sculpture shall not be liable for any delay caused by any act or omission of the Customer.

In the event that any act or omission of the Customer prevents the commencement of production or completion of the Work for a period of 6 months or more from the Order being placed, Jennifer Tetlow Stone Sculpture may, without prejudice to any other rights it enjoys in law or under this Contract and on written notice to the Customer, amend the full price of the Work to reflect the changes to the cost of manufacture of the Work (including without limitation changes to the cost of raw materials and exchange rates).

In the event that any act or omission of the Customer prevents the commencement of production or completion of the Work for a period of 12 months or more from the Order being placed, Jennifer Tetlow Stone Sculpture may, without prejudice to any other rights it enjoys in law or under this Contract and on written notice to the Customer, terminate this Contract and retain any monies paid by the Customer up to the point of termination.

Customer Responsibilities

The Customer shall provide such information relating to the Order and as required in the Personalisation Form, and as reasonably requested by Jennifer Tetlow Stone Sculpture from time to time.

The Customer shall prepare the site for installation of  the Work in accordance with Jennifer Tetlow Stone Sculpture specifications.  Should the site not be prepared as specified and as a result Jennifer Tetlow Stone Sculpture is required to perform additional work, or the installation is delayed, then Jennifer Tetlow Stone Sculpture will be entitled to charge for any additional labour, mileage and materials at the standard applicable rates.  Jennifer Tetlow Stone Sculpture will not be responsible for any work conducted by a third party in preparing the site for installation.

In the event that the site has not been prepared in accordance with Jennifer Tetlow Stone Sculpture specification, and in its reasonable opinion is unsuitable for installation of the Work as a result, Jennifer Tetlow Stone Sculpture may charge for the reasonable costs and expenses incurred in relation to the abortive site visit, including any associated subsistence, travel and costs.

For certain types of Work, the Customer will be required to arrange for additional personnel to assist with the installation.  Details of such requirements will be set out in the Order Confirmation.

Jennifer Tetlow Stone Sculpture must be made aware prior to the Deposit being paid of any work that is to be installed in a public place so that extra precautions can be taken to ensure the commission is designed and created to ensure that it is appropriate for the site.

The Customer shall, unless otherwise agreed in advance with Jennifer Tetlow Stone Sculpture in writing, take delivery of the Work within three months of being notified that it is ready for installation or despatch, as applicable.  In the event the Customer fails to take delivery within such 3 month period (or such alternative period as has been agreed in advance with Jennifer Tetlow Stone Sculpture), unless such delay is caused by Jennifer Tetlow Stone Sculpture, the Customer shall pay the Final Payment to Jennifer Tetlow Stone Sculpture upon receiving notice that it is due as a result of the delay, and Jennifer Tetlow Stone Sculpture shall reserve the right to charge for storage of the Work at the standard rate of £50.00 per week.

In the event that Jennifer Tetlow Stone Sculpture is unable to deliver the Work for 14 months after notice has been given that the Work is ready for installation, or despatch, as applicable, Jennifer Tetlow Stone Sculpture shall be entitled, on giving the Customer at least one month’s written notice and without prejudice to its other rights in law or under this Contract, to resell or otherwise dispose of the Work.

The Customer agrees that the Work will be used in the form in which is is received and, in particular, without addition, adulteration, alteration or contamination of any kind whatsoever.  The Customer further agrees not to alter the decoration or visible design of the Work in any way or to remove, obliterate or otherwise deface the Jennifer Tetlow marks appearing thereon.

Warranty

Jennifer Tetlow Stone Sculpture offers a Lifetime Warranty (Lifetime is defined as 25 years) on the Work.

Where appropriate a maintenance schedule will be supplied.  Where one is supplied, any damage to or degradation of the Work which in Jennifer Tetlow Stone Sculpture reasonable opinion results from untimely or poor maintenance of the Work shall not be covered by the Warranty.

Jennifer Tetlow Stone Sculpture makes all Works for appropriate use and will not accept responsibility for any failure of a Work resulting from negligence, vandalism, inappropriate or unreasonable use, incorrect installation or the Work being moved other than by Jennifer Tetlow Stone Sculpture employees or appointed representatives.

Jennifer Tetlow Stone Sculpture will not be liable for:

any minor variations in colour between the Work and any samples or illustrations

natural ageing processes that affect the look and colour of stone, including but not limited to natural patinas for bronze, copper, lead or brass.

All the terms in the Warranty, and in this Contract as a whole, are without prejudice to the rights of the Consumer Rights Act 2015 of any Customer who is a consumer according to the provisions of that Act.

Payment Terms

In mainland UK, a payment of 50%, unless otherwise agreed in the Order Confirmation, of the full price is due at the time of Order Confirmation (the Deposit Payment) and the remaining part of the full price prior to delivery or on installation (the Final Payment).

For deliveries outside mainland UK, the Deposit Payment and Final Payment must be paid in full prior to the Work being shipped.  The Customer shall be responsible for payment of all costs relating to crating, shipping and insurance of the Work.  The Customer shall further be responsible for the payment of all importation duties, taxes or other levies relating to the importation of the Work.

Any bank charges for international payments must be borne by the Customer.

In the event that a Customer fails to make any payment by the applicable Due Date, Jennifer Tetlow Stone Sculpture may, without limiting other rights, charge interest on such sums at 2% a year above the base rate of the Bank of England from time to time in force, and interest shall accrue on a daily basis and will apply from the due date for payment until actual payment in full, whether before or after judgement.

Payment of all sums due to Jennifer Tetlow Stone Sculpture should be made by Bank Transfer using the details provided on the Order Confirmation.  In exceptional circumstances payment by credit or debit card may be accepted on request.

All Works supplied remain the property of Jennifer Tetlow Stone Sculpture until payment has been received in full.  The Customer shall grant Jennifer Tetlow Stone Sculpture employees or agents access to relevant premises where the Works are stored or installed, for the purposes of removing such Works.

Risk to the Works shall pass to the Customer on shipping for deliveries outside mainland UK, delivery for mainland UK, or where Jennifer Tetlow Stone Sculpture is installing the Work, on installation.

Intellectual Property

Nothing in this Contract operates as a transfer of any intellectual property rights (including without limitation design rights) in the Works or any other intellectual property rights of Jennifer Tetlow Stone Sculpture, all of which shall continue to be owned by Jennifer Tetlow Stone Sculpture.  The Customer is not entitled to reproduce the Work or otherwise commercialise the intellectual property rights in the Work without the prior written consent of Jennifer Tetlow Stone Sculpture.

Jennifer Tetlow Stone Sculpture will have the right to use any images of the Work on its website and on its social media, unless the Customer has advised otherwise in writing.

General

This Contract shall be governed by and construed in accordance with the law of England and Wales, and each of the parties irrevocably submits for all purposes in connection with this Contract to the exclusive jurisdiction of the courts of England and Wales.

No amendment or variation of this Contract shall be effective unless in writing and signed by a duly authorised representative of each of the Parties.

The failure of a party to exercise or enforce any right under this Contract shall not be deemed to be a waiver of that right, nor operate to bar the exercise or enforcement of it at any time or times thereafter.

If any provision or part provision of this Contract is or becomes invalid, illegal or unenforceable, it shall be deemed modified to the minimum extent necessary to make it valid, legal and enforceable.  If such modification is not possible, the relevant provision or part provision under this Condition shall not affect the validity and enforceability of the rest of the Contract.