The Freemanart Consultancy - Terms and Conditions

  Relating to; Goods and or Services - Appraisals - Valuations - Research and Authentication, Attribution Procedures

Pre-authentication assessments and Art Brokerage.

OUR EXPLICIT RIGHT OF REFUSAL

EXP

LICIT RIGHT OF REFUSAL:

1- Please be advised that we absolutely reserve the right to refuse to investigate and assist, assess, progress investigations into authenticity or into the value any work of art or property which we feel is in any way questionable, burdensome or has unsavory elements surrounding it, or 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 or evaluation at any point in time and at our own discretion and made by our 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 to the appropriate authorities immediately by us. Thus, under those circumstance, any confidentiality agreement entered into by us shall be deemed null and void and shall not inhibit the disclosure of that information to those authorities.

On Line 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, are assumed to be legitimate and authentic and are presented as factually correct when presented by, indicated and / or described by the client or enquirer to us.

 Wecannot and shall not be held responsible in any way for errors, omissions or accuracy of any information or opinions that the client supplies. Nor for any errors of judgement  made by us as a result of those inaccuracies or misinterpretation 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 take from our databases and indexes of current values and 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 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 and our COA issued. 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.
However, we cannot guarantee the accuracy of any of these external or formal records, nor the personal opinions of scholars and other authorities. Nor can we guarantee the finite value of any work of art or property. 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 and Pre-Authentication Assessments.

1- Concerning works of art to be assessed or evaluated prior to authentication procedures being undertaken by us and or instructed by the client

(This shall be from digital images and information supplied by the enquirer or prospective client,)

 These details, information and images are assumed by us to be delivered as accurate and any facsimile images or photographs of the work of art correct. Equally the information described as true and factually correct also.  We assume it is correctly presented, indicated and or described by the client or enquirer to us and guaranteed as such by the client to us.  This includes, all and any provenance details, (that copies of paperwork and references required are indeed legitimate) the work of arts history and that the description of medium and materials and or dimensional information are accurate.

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 any incorrect advisory offered in relation to that error or misjudgement

2- We shall endeavour to offer our professional opinion onl, as to the 'possibility' or' likelihood' of authenticity, subject to further in depth investigation, (further individual fees will be involved,) That is, 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 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 or property, assuming that it were indeed legitimate, but only given we are comfortable able to support it's processes forward.
Our judgment in such matters is final and is maintained as our absolute right.

3- The preliminary or pre-authentication assessment is entirely our own cursory and thus speculative opinion of viability. One however delivered with integrity and based upon our experience in this field. This does not warrant nor guarantee any finite result of any future ongoing research or investigation that we or other parties may undertake for the client or enquirer. *Nor does such an assessment include any form of a written report.
Clients will receive our opinion as an email response or verbally only.

 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 and at this level nor will we entertain doing so.

We give that viability advisory based upon our experience and understanding of all presented and related facts. 

  Written reports and advisory are an entirely separate issue, each separately fee payable under our Fee Schedule and effected only in the event of contracted, protracted and full investigations, including personal on site inspection of the principal work at study and proceeding only with contracted clients and after the pre authentication procedure stage. (Further fees involved in accordance with our Fee Structure.
Our judgment in such matters is final and is maintained as our absolute right.

4- It should be noted that it is made specifically clear to clients that it shall be at the client’s sole discretion to pursue investigations based upon our initial overview, be that positive or negative in outcome. The decision to proceed is the clients own and cannot be construed as ours, nor may it be construed to be ours.

As such, Freemanart nor its personnel, representatives, sub contractors or staff have no control over the clients decision what so ever and the client takes that decision entirely at their own risk of failure or success of the enquiry or investigation proposed. We shall not be liable in any way for a non positive outcome.

5- We entirely reserve the right to refuse to conduct, cease, quit and desist from any further enquiries or investigations on behalf of clients without disclosure, if we feel that there are any associated issues which are unacceptable to us. Issues which may be illegal, are unsavoury or unsafe and may adversely encumber or effect our reputation and integrity or the reputation and integrity of our clients. In as much as we have been mislead, misinformed or that disclosure of facts have been covered up or misdirected to us or that the client is ill advised in our opinion to proceed given reservations that we hold or should 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.

6- Under those circumstances, no fees received by us are refundable and will not be returned in any event unless in good faith and deemed appropriate by us.

7- We do not, will not and cannot possibly guarantee the positive outcome of any investigation, enquiry, research or project we undertake for or on behalf of clients.

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.

We cannot guarantee or foresee the result of any inquiry nor give or offer any guarantee of a positive outcome for the client.

Investigations are entirely unknown quantities and understood, to be 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 favor of the client. As in paragraph one, this is unacceptable to us and we in such instances have every right to quit..

2- All investigation and research shall be funded by advance financing as per the individual contract 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.
Any retainer is deemed as an initial fee for consultancy services in addition to ongoing investigation and research funding. Including all disbursements and or incurred expenses pertaining to that investigation.. See Appropriate updated  fee structure.

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 of three months after the closure of  a case or in the receipt of enquiry, one month.
At that time and in accordance with U.S. Department of Defense standard DoD 5220.22 M (ECE) it will be permanently erased to protect client confidentiality.

All hard copy case information received by us in support of an investigation shall be removed after a period of three months following the closure of that case and destroyed, or if an enquiry, one month.

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.
In so doing, we endeavour in the specific best interests of our purchaser client, to gain all reasonable surety of legitimacy, comparative fair market value estimates, condition reports and investment merit of such opportunities and advise and report on said opportunities by e mail, letter or telephone when it is appropriate and meritorious to do so.

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 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'.
Works are therefore offered in their current condition, complete with all errors of descriptor, without guarantee of provenance or authenticity, unless specifically stated and warranted in writing.

  We can state however, that all works of art offered by 'Freemanart' on behalf of our clients have been inspected and vetted by us and that we are 'comfortable' in offering them as we so describe.

Photographs and Images:

 Although we cannot guarantee the 'absolute' accuracy of the color 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) and Western Union Money order.

All major transactions must be met by Direct Bank Transfer [BACS]  or Chaps + bank charge

Also acceptable 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.

All prices are quoted in USD and fees are to be paid in US dollars unless otherwise specified.

*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.

Despatch:

  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

Duties:

 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:

 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.

Disclaimer:

 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 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 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.

Liability

 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.