Disclaimer-Terms and Conditions
These Internet pages provide general information only, whilst we make every endeavour to check our facts, mistakes can occur. It is your responsibility to verify the accuracy of any information supplied by Ian G Brennan or his associates via e-mail or contained in an part of these web pages. We cannot be held liable for any special, direct, indirect or consequential damages.
General :Unless otherwise agreed in writing, all information, goods and services including any art works or goods in any material shown on our website(s) or via email and its attachments which are supplied by us, shall be subject to these terms and conditions outlined here; to the exclusion of any other conditions issued by you and to the exclusion of and pre-contractual representations. Any agreed written variation of these conditions shall be peculiar to the circumstances stated or implied shall not be regarded as a general variation. No time or other indulgences granted shall prejudice our rights under the contract, save as otherwise provided in these conditions and to the extent provided by law, other conditions and warranties excluded. In these conditions "
1. To the fullest extent permitted at law, this website or any official website by and for sculptor Ian G Brennan, or his associates which include Stephen Brennan, Suzanne Cavill, the webmaster, is providing this website and its contents on a 'as is' basis and makes no and expressly disclaims all representations or warranties of any kind, express or implied, with respects to this website or the information, copyright, content, art works, materials or products included in this website including, without limitation, warranties of merchantability and fitness for a particular purpose in addition any affiliated personnel represented or linked to any official websites of Sculptor Ian G Brennan does not represent or warranty that the information accessible via this website or email is accurate, complete or current and that any and all of these conditions and price shown are subject to change without notice.
2 . Except as specifically stated on this Web site, to the fullest extent permitted at law, neither Ian G Brennan, nor any of its affiliates, directors, employees or other representatives will be liable for damages arising out of or in connection with the commission, sculpture in any material including prints produced by Ian G Brennan or his associates or by use of this Web site or the information, content, materials or products included on this site. This is a comprehensive limitation of liability that applies to all damages of any kind, including (without limitation) compensatory, direct, indirect or consequential damages, loss of data, income or profit, loss of or damage to property and claims of third parties. For the avoidance of doubt, Ian G Brennan or his associates does not limit its liability for death or personal injury to the extent only that it arises as a result of the negligence of Ian G Brennan or any of his affiliates, employees or any other representatives. We reserves the right to refuse access to any of our websites at any time, totally remove or edit any of its content in part or full in any way.
3. Use Of Third Party Images - Copyright. All Rights Reserved All the royalty copyright of text, photographs, graphic images, works of art etc, created and or photographed by Ian G Brennan and or his representatives shown or described on this website or any other official website for Ian G Brennan remain that of sculptor Ian G Brennan or his heirs, unless written permission to the contrary is obtained. Please note that you are not authorise as to use any of the royalty, graphic images, text etc in whole or in part for advertising and or commercial purposes or we and or reasonable people would deemed an offensive use, including linking to the website for these purposes. Suzanne Cavill, Ian G Brennan or any of his or her representatives do not represent or warranty that the information accessible via this website is accurate, complete or current in any way. We reserve the right to use any images taken from all or any art works produced by Ian G Brennan or his associates for possible inclusion in our website or publicity material at any time without notification or without prior notice, unless specifically requested to the contrary by the client in writing .
5. Limitation on Liability; Advertising Matter, Specifications, descriptions and illustrations contained in our websites, brochures or other advertisement or publicity matter are intended to give only a general idea of the art works, goods, or services concerned and none of these shall form part of the Contract. All art works in any medium are sold on an "as is" basis and except as expressly provided in these Conditions, no representation, warranty, or condition, express or implied, statutory or otherwise, as to condition, satisfactory quality, performance or fitness for purpose or otherwise is given by Ian G Brennan and or his associates, and all such representations, warranties and conditions are excluded except to the extent that their exclusion is prohibited by law. Vendor has not carried out any investigations (including trademark and company registration searches) as to whether the ownership, copyright or use of the art works (s) infringes any third party rights or contravenes any applicable laws, copyright or regulations. Further the Customer hereby also warrants and represents that in carrying out the specified commission Ian G Brennan and or his associates shall not infringe any copyright or other monopoly or other rights belonging to any third party and the Customer shall indemnify Ian G Brennan and or his associates against all costs expenses and losses of whatsoever nature arising out of breach of this warranty. The customer shall be solely responsible for obtaining all permits, wayleaves and any other consents of whatsoever nature which may be required by statutory or other competent authority and shall indemnify Ian G Brennan or his associates against all costs and expresses in connections with the obtaining the same and also against all costs and expenses resulting from any failings to obtain any requisite permit licence wayleaves or consent.
6. Unless stated or otherwise agreed in writing, all prices are given by Ian G Brennan and or his associates are on an ex works basis and Ian G Brennan and associates shall be not be liable to pay the charge for delivery and insurance. Ian G Brennan and associates shall nominate the method of delivery. All delivery dates for stock items or commissioned pieces are given in good faith but are strictly for guidance only. Although every effort will be made to insure wherever possible all anticipated or promised dispatch and delivery times will be met, however these completion, dispatch and delivery times on any art works particular prototype sculpture are often beyond our accurate estimation and control and therefore are to be understood as just estimates. No liability can be accepted for late delivery whether or not they are caused by the negligence or competence of Ian G Brennan and associates in any way. Time is not of the essence under this Condition.
7. Ian G Brennan, or his associates may by written notice forthwith terminate this contract if it shall reasonably believe that the client is insolvent or will be unable to pay for the sculpture (s) or any commission in accordance with the terms of this contract and if Ian G Brennan or his associates shall serve notice without prejudice to our right to payment on a quantum merit basic or as outlined in these terms and conditions in respect of work completed or in progress at the date of service of this notice and to damages for breach of contract. Any notice required to be given hereunder may be served by being left or sent via post or email to the customer at his last known address and by notice given by post or email shall be deemed to have been served for all the purpose hereof at the expiration of 24 hours after it is posted or sent and in proving such service it shall be sufficient to prove that the envelope or email containing the notice was properly addressed and posted in a prepaid letter provided always that any notice given outside the United Kingdom shall be sent by a prepaid registered letter if possible or if communication has been via email; sent via email and shall be deemed to have been served at the time when in the ordinary course of delivery such a letter or email would arrive at its destination
8 . All art works by supplied by Ian G Brennan and or his associates, i.e wood carving, resin sculpture, metal sculpture, relief carvings or sculpture(s) in whatever medium or any limited edition print are all subject to availability. Your order will represent to us an offer to proceed to have the particular wood carving or sculpture in any material, produced by us, or in the case of any metal casting the particular sculpture produced by the foundry. This order will be deemed to have been accepted by us only when we send e-mail confirmation to you that we have accepted your order That acceptance will be complete at the time we send the e-mail confirming this to you and will be deemed for all purposes to have been effectively communicated to you at the time that Ian G Brennan, or any of his representative sends the e-mail to you (whether or not you receive that e-mail) and is barring any errors or omissions. We receive our right to cancel any and all orders or commissions at our total discretion.
9 . On receiving your order we will send you an e-mail confirming the details of your order along with when appropriate and if supplied, your individual reference number which will be used for all future correspondence. We will confirm to you whether the particular sculpture or print you requested is in stock and available for immediate delivery, or whether it will have to be specially commissioned, which will in the case of a metal sculpture will be ordered direct from the foundry. We can also confirm to you at the cost of the sculpture you have ordered including shipping costs either by overland or airfreight and the estimated time of delivery of the sculpture to your nominated address. Once the order or commission is ready and unless agreed otherwise in writing, full payment including packing, insuranceif applicable and shipping costs have been received by us you will be notified by email when the sculpture has been collected by the carrier, the carrier used and the tracking number of the particular art works so its progress can be monitored on-line.
10. If any of the art works ordered supplied in any medium was either a one off and or part of a limited edition if the sculpture (s) were not held in stock and had therefore to be specially commissioned from Ian G Brennan and or his associates including the printers or the foundry, a deposit is normally requested and will be required to go towards the cost in having the particular art work produced, a deposit may also be requested to confirm your particular order or commission, this deposit is often but not always requested when work on the commission was shortly due to commence or is expected to commence in the near future. Once materials are ordered and or work on the sculpture underway or ordered from the foundry, to cover any costs incurred to order, prepare or undertake work on the art work this deposit will be deemed in all possible events as non-refundable, however if the order was cancelled by use this deposit will be retuned to you in full. Once the deposit for the particular commission has been paid stage payments can or will also then be requested by Ian G Brennan or his representatives for the particular commission. If stage payments are requested once the particular commission has progressed to a certain stage, photographs of work undertaken can or will be sent to the client or representative and or a visit by the client or representative to see the work undertaken can be arranged for approval of the work undertaken so far. Once the work has been approved by the client or representative this particular stage payment will become due, once this stage has been reached and the payment paid by the client or representative, the work undertaken on the sculpture would be deemed by all parties as approved and such work on the sculpture undertaken to this stage would then belong to the client finished or otherwise. Once each stage payment has been paid by the client, to help cover the work and costs undertaken by the sculptor and or his representatives to produce the commission art work to the various stages, all deposits and or stage payments received are deemed non-returnable. If the completion of work on the commission or order is delayed or any alterations to the commission are required at the customers request, Ian G Brennan or his associates reserve the right to request further payments or to increase the quoted cost for any addition cost we may incur.
11. Where art works are delivered by our carriers, the risk therein will past to you immediately you take delivery of the package, but where art works are delivered by your carrier, the risk therein will pass to you at the time of delivery to or collection by that carrier. You must fully insure the art works in transit when returning them the goods must be packed safely and securely and returned to us in the condition you found them, an advice must also be enclosed with the package to identify the goods and person returning the goods therein. Once the sculpture has been initially delivered by us any and all future packing, shipping charges and insurance cost for the sculpture or art works for any reason would be required to be met and paid for by you unless it was agreed by use in writing we would pay for any possible future packing and shipping charges. The Sellers: Ian G Brennan and or his associates shall be under no liability in respect of any defect arising from fair wear and tear, accidental or wilful damage in any form, negligence, failure to follow the Seller's instructions however given, misuse or alteration of Goods or damage caused by inclement weather or animals or insects. The Buyer shall not be entitled to claim damages for breach by the Seller of any of its obligations whether under the contract or otherwise and whether for delays or performance. This Guarantee cannot be reassigned or otherwise transferred.
12. If the art works arrive damaged or short in number, written notification and evidence must be given to us within 7 days, otherwise we shall not be liable. Claims made regarding non-delivery or transit damaged can only be considered if made within the time limits imposed by the carriers. Unless stated to the contrary the art works will be shipped to you via overland/sea. However if you particularly requested for the larger art works particularly sculpture to be sent via airfreight the additional cost of airfreight would required to be met and paid for by you unless we have agreed otherwise in writing before the art works was collected by the carrier.
13. As with most packages for overseas delivery, when ordering goods from the Sellers Ian G Brennan or his associates you may be subject to import duties and taxes, which are levied once the package reaches the particular destination. As we have no control over these charges and therefore cannot predict what they may be any additional charges for customs clearance must be borne by you. Customs policies often vary widely from country to country, so you should contact your local customs office for further information. Please note that when ordering from us you would be considered the importer of the art works and must therefore comply fully with all laws and regulations of the country in which you are receiving the goods. We would like customers dispatching products internationally and our international customers to be aware that cross-border deliveries are often subject to opening and inspection by customs authorities.
14. Unless previously withdrawn a quotation is open for acceptance within the period stated therein, or when no period is so stated, within 14 days only after its date. Oral quotations are for guidance only and are not binding upon us. Written quotations will not normally be submitted and in any event will not binding upon us, unless any necessary drawings and specifications have first been submitted to us in writing and, where we deem it necessary a sample is provided to us. Notwithstanding the receipt by us from you of an order of an acceptance of our quotation, such order or acceptance shall not be binding upon us until confirmed by us by our forwarding to you our form of acknowledgement of order which incorporate these Conditions.
15. Title to the Goods shall remain with the Seller until full payment in cleared funds is received by the Seller for all monies due under these Conditions. If Goods are delivered before title passes the Buyer is not to alter the Goods, not incorporate them into some other item nor otherwise dispose of possession of them. All art works in any material supplied by Ian G Brennan or any of his representatives remain the property of Ian G Brennan, until all payment (s ) due has been received in full. If payment by the Buyer is overdue the Seller or his agent the right to enter on the Buyer's property to recover possession of the Goods or any other Goods for which payment has not been made.
16. All designs, moulds, samples, models or prototypes produced by Ian G Brennan or his representatives for the purpose of any commission, contract, enquiry or quotation shall remain our property to do with as we may wish. This includes reserving the right, unless previously agreed in writing not to do so, to then mould and or replicate by any other means to then re-produce further copies of these sculptures or relief carvings and to sell or otherwise dispose of these further copies of the sculpture or relief carving in any material should we so wish without notification and notwithstanding that the cost thereof may be included in whole or in part be in the contract or commission price. All original drawings and information by Ian G Brennan or his associates relating to such moulds, samples, sculpture models or any prototypes remain our property and our copyright and you undertake that you will not copy or make use of the same for the benefit of yourself or any third party without our prior written consent. If a mould was produced from the artist original sculptures, commissioned or otherwise any such replicas produced from these moulds can only be reproduced by the artist or his representatives, even if the client has paid for any such moulds to be produced; The copyright for the actual original sculpture or mould or any subsequent moulds produced in the future from any original or casting originally produced by the artist or his representatives, or heirs belong to the artist or his representatives or heirs at all times unless an arrangement is made to the contray in writing giving permission for the client/clients to produce any such castings themselves or via a third party. No replicas/copies of any sculpture originally created by the artist Ian G Brennan in any format or material may be reproduced in anyway without written permission by the artist, his representatives or heirs or this will be deemed a breach of copyright.
17. We endeavour to insure that you are pleased with your art work order and endeavour to work to our high standards of workmanship however all art works are individually produced to our best ability and with care but are subject to mistakes and or human error. Art works received may differ slightly in appearance and possibly materials used from images or samples including colour or patina illustrations and samples are therefore for information only. The type and quality of the finish and the nature of the patina are not specified in any order, the same unless otherwise agreed, be entirely within the discretion of Ian G Brennan or any of his associates. Ian G Brennan and or his associates also reserve the right if they deemed it appropriate and without necessarily consulting the client or purchaser to substitute any material used in the creation of the particular art work particular if we thought the art work may possibly be improved in some way or more effectively produce if parts or all of it were to be made from a different possibly stronger and or more durable material than originally indicated particularly if the finished art work were to be painted. If any materials were to be substituted in the art work we would obviously endeavour to ensure the overall appearance of the finished art work still remained of a good standard. However If you are dissatisfied with any particular sculpture or commissioned piece in any way, we reserve the right to re-model or repair and or replace it in part or whole and or until we are satisfied it has met with reasonable requirements. Any damages whatsoever for all or any art works produced or supplied by Ian G Brennan and or his associates and or our suppliers in any material is strictly limited to the total cost of the monies paid by you for that particular art work (s) save for the exceptions in paragraph 10.
18. In any dispute the Buyer or any person using this website, or any goods or services whatsoever provided by Ian G Brennan or his associates shall agree to submit to the exclusive and total jurisdiction of the English courts without any exception. The remedy contained herein shall be in full satisfaction of the Seller's liability in respect of such goods or services, if at any time any question, dispute or difference whatsoever shall arise between you and ourselves upon, in relation to, or in connection with the Commission, Order or Contract either of us may give to the other notice in writing of the existence of such question, dispute or difference and the same shall be referred to the arbitration of a person to be mutually agreed upon. Unless otherwise agreed formally in writing any and all Contract between us shall in all respects be construed and operate as an English Contract and therefore be totally governed by the laws of England in conformity with English law and the English courts which shall have exclusive and total jurisdiction over any and all matters arising, including the provisions of any arbitration..
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