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The Freemanart Consultancy ~ Terms and Conditions

Goods and Services - Appraisals - Valuations - Research and Authentication Investigations and Attribution Procedures

Including: Pre-authentication assessments. Art Brokerage and  art collection advisory.

 

 

 

OUR RIGHT OF REFUSAL

 

* Please be advised and not offended.

 

1- a- We absolutely reserve the right to refuse to investigate, assess or progress, any investigations into a work of arts authenticity, or artist or studio attribution, or appraise a work of art. Specifically any that we regard is in any way, as illegal, unethical, or has inappropriate elements connected to it or its acquisition. Nor those cited factors which may emerge as a result of our inquiries. Neither shall we be obliged to do so.

This also applies to works of art which may conflict with, or endanger the reputation or integrity of ourselves or that of any of our clients. Be they corporate or private individuals.

 b- We retain the explicit right to quit and or withdraw in entirely from any investigation, assessment, research project, representation or evaluation, at any point in time and at our discretion. the decision will be based on our judgement and in any event of such factors coming to light as in section - a.

Our decision in such matters is final and is maintained as our absolute right.

 

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2- 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, history and provenance, shall be reported as a matter of duty of care and public responsibility to the appropriate legal authorities  and immediately by us.

Under those circumstances, any instrument such as a confidentiality agreement, private assignment, or any obligation entered into by us, shall be deemed as null and void. It shall not inhibit, nor will they prohibit the disclosure of any information to the appropriate legal authorities.

Under such circumstances, no fees received will be refunded or returned in any event, unless made in good faith and deemed as appropriate by us.

 

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Online Values and Assessments:

 

1- Regarding any works of art being assessed for value and evaluated from digital images supplied by the inquiree or enquirer, or client requiring an assessment of value, for whatever their purpose. 

Then the information supplied by the client is assumed by us to be both accurate and legitimate and that the details and the information supplied by them is regarded as being factually correct when presented to us.

2-We cannot and shall not be held responsible in any way for errors, omissions, or the accuracy of information, misinformation or factual errors given, or in any previous opinions that the client may have received that the client supplies to us. Nor shall we be liable for any errors of judgement made by us as a result of those inaccuracies or misinterpretations of information whatsoever.

3-Any assessment of value of the item/s, is an estimation only. It is based on the information that is submitted to us and therefore, this evaluation is delivered by us in good faith, referring to our databases and indexes of current market values and pricing.

4- Any value that we provide in this manner is 'estimated only. ' It 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 by personal inspection of the work of arts condition by us.

5- The value/s suggested may only be considered as a guide only.

We primarily aim to offer an estimated auction parameter value of the item to the client.

6- No guarantee whatsoever, either of legitimacy or authorship, is given or intended by us, in respect of any type of enquiry, or online assessment. That is, unless the work has been personally inspected and investigated by us, or that a previous determination by alternate, internationally accepted scholars has been achieved, following our investigation in connection with that specific work.

This will be delivered by mail or courier and for an additional fee.

7- No guarantee of ultimate worth or value is given nor inferred, neither is it intended by us.

8- All opinions and advisory proffeered, are our own opinions and given in good faith to our clients.

9- 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. For that purpose, we use up to date and archived, standard industry references, plus a variety of other databases and will also seek alternate professional expert opinion whenever we deem it necessary.
However, we cannot guarantee the accuracy of any of these external, nor formal records, nor the personal opinions of scholars and other authorities.

We shall not comment upon, nor will we be required or expected to substantiate this assessment.

 

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Preliminary studies or Pre-Authentication and Viability Assessments.

 

 This concerns works of art to be assessed and or evaluated by us, but prior to a wider and  much more detailed and comprehensive authentication investigation, or research procedures being undertaken. (This will be instructed by the client.)

 

1- Any assessment or study is made and shall be undertaken based on digital images and information supplied to us by the client. That in itself is assumed by us to be an honest representation of the facts, reliable, true, accurate and correct.

 Details and or any information or images supplied, are accepted by us on the strict understanding that they are delivered to us as correct representations and that any facsimile images or photographs of the work of art are also legitimate and correct representations of the work.

 Any and all of the information given to us by the client or described by them, is assumed to be true and factually correct and that they are guaranteed as reliable by the client. 

This includes; all and any provenance details, history and ownership lineage, copies of documentation, other paperwork and references and that the work of arts history and the description of medium and materials used and its dimensional information. All are also warranted by the client as being accurate.

 Given the client falsely or mistakenly offers information to us which is inaccurate, we shall be in no way responsible for that action nor inaccuracy. Nor shall we be liable or responsible for any incorrect advisory offered to the client as a result of any error or misjudgment made by them.


2- We shall endeavour to offer our honest and independent opinion as to the viability, or the long term potential and possibility of securing the work of arts authenticity. *This would be subject to further in-depth investigation and research and it being successfully underpinned and secured by the legally appointed, or internationally recognized authority or authorities on that given artist (further individual fees to them are usually involved)

3-In advising the client prior to the client committing to any further authentication investigation or research processes, we will endeavour to balance and consider all the details to understand if it is meritorious and warranted for such an exercise to be undertaken or not as the case may be.
Our judgment in such matters is final and is maintained as our absolute right.


4- A preliminary study or assessment, study or pre-authentication assessment, is our own cursory opinion of the case. One however delivered with reasoning and integrity and based upon our long standing experience in this specialised field of over 47 years.

This does not however warrant, nor does it guarantee the final result of any future ongoing research project or investigation.Any that either we or other parties may undertake for the client or inquirer.

 Such an assessment does not necessarily include any form of a comprehensive written report, unless we consider it necessary to deliver one to the client.

5- We do not enter into further discussion, or in-depth explanation of our decisions and overview in connection with a preliminary assessment.


  It is to be noted that written reports and advisory are a separate professional issues. Each being fee payable under our Fee Schedule and effected only in the event of contracted, full investigation. Included may be personal on site inspections of the principal work or study.
Our judgment in such matters is final and is maintained as our absolute right.


6- It should also be noted and is made specifically clear to clients, that it shall be at the client’s sole discretion and be entirely their own decision, to pursue investigations based upon our initial overview. Be that positive or negative in outcome and that it cannot be construed as our decision.

We shall  not be liable in any respect for a clients decisions, loss of any sort, or outcome of those decisions.

7- As such, Freemanart, nor any of its personnel, representatives, sub-contractors or staff, have any control over the clients decision and the client does so entirely at their own risk of either failure or success of the inquiry.

Our judgment in such matters is final and is maintained as our absolute right.

 

8- Payment of the fee for any initial assessment oor viability study shall be by advanced remittance only.

 

 

 *No preliminary assessment of any type, warrants either the authenticity or the illigitimacy of any work of art. That is the purpose and aim of a full investigation. One which we have not been instructed to conduct. Nor have we had the opportunity of examining the work personally, or with other additional experts. Nor undertaking academic archival research internationally and investigating and confirming the provenance of the work. Neither have we entered into the possibility of conducting any forensic applications deemed necessary in the pursuit of the works authenticity. Either to eventually prove legitimacy, or to disprove it, according to the clients wishes.

  The primary opinions expressed in such an assessment are made to indicate to the client any issues that are evident to us or that become evident to us with the work and or its provenance, that my impinge upon or  make unlikely or impossible for a successful conclusion to the case. One that would completely satisfy those considered by all institutions within the international community, to hold the expert academic position, authority and or right to underpin such an an attribution, or to be the final arbitrators in the ultimate decision that a work is either a legitimate example of their work or to the contrary.

* Any primary study, assessment or preliminary review, may not be used in any way to confirm that a work of art is authentic or that it is not*

 

 

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Research, attribution and all authentication investigations:

 

1- All investigation and research shall be funded by advanced financing. Directed as per the individual contract or agreement stipulating a confirmed rate for our research and investigation services between us and the client.

2- This sum is to be paid in advance of all and any services rendered and expenses and ongoing hourly fees deducted from it accordingly. This must be clearly understood and accepted by the client.


3- Any retainer is deemed as an initial fee for securing our consultancy services.  It is in addition to ongoing investigation and research funding.

Such an investigation would include all disbursements and or incurred expenses pertaining to that investigation. See the appropriate updated fee structure.

4- All information on our electronic system shall remain there for a period of at least six months after the completion or closure of a case. Or in the receipt of a preliminary enquiry, one month.
At that time and in accordance with U.S. Department of Defence standard DoD 5220.22 M (ECE) it will be permanently erased to protect client confidentiality.

5- All hard copy case information received by us in support of an investigation shall be removed after a period of 12 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.

6- We shall not be responsible for the return of clients CD, files, digitally stored information, photographs, images and paper correspondences and information however it is 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.

The client is then responsible in both instances for all shipping costs, storage fees, packing and taxes.

We shall hold these items in secure circumstances for a period of three months only after a case is completed, whereupon such hard copy material will be permanently and securely disposed of to protect the clients confidentiality.

 

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Photographs and Images:

 Although we cannot guarantee the 'absolute' accuracy of the colour,black and white, or UV photographs we use to illustrate the works on display in our website, 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 fair representation of the piece, unless otherwise stated.

Clients images will not in our opinion have been enhanced or corrected if photographed by us.

 

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Payments: Goods and Services.

 

1-  We accept payment for minor purchases and services, through MoneyGram, Bank Transfer or other agreed applications which can be used with all major credit cards.

2- All major transactions, funding and remittances must be met by Direct Bank Transfer [BACS]  or Chaps, with an additional Bank charge applying.

3- Also acceptable in some cases, are personal cheque's, cash and money orders, which will be delivered by mail or courier and must cleared in advance of delivery of goods or services.

4- All services and goods are provided only upon pre payment of those services.

5- All prices and fees are usually quoted in USD ( or other currency specified) and are to be paid in its equivalent to the currency of origin of the client remitting the fee, unless otherwise specifically agreed.

*Transactions may sometime also be completed by arrangement in other currencies and any variable commissions between that 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.

 

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Fees:

 Fees and any minimum retainer required by us will be discussed with client and form part of our contractual agreement according to project requirements, after the preliminary assessment has been conducted.

Basic ongoing Academic Research and Investigation fees:

Our hourly Investigation, inquiry and or research fee is set according to our current fee structure, charged per hour or part thereof.

Ref* Preferred Client / Monthly Contracted, Academic Research and Investigation fees:

In this instance our hourly fee is set at a reduced rate according to our current fee structure.

 

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Disclaimer:

 The information and graphics on the website may contain unintentional inaccuracies, typographical errors and or outdated information.

Therefore, your use of this website and the information and graphics contained within it are at your own risk.

 Freemanart Consultancy, its affiliates or subsidiaries, do not warrant, represent or guarantee the accuracy, timeliness or completeness of this site or any of the information within it, or the graphics contained therein.

 

*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 aims to present accurate, reliable, complete, current and useful information, both on this website and to our clients, we can 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 website 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 website. Your reliance on, or use of information, services or merchandise provided on or through the website; 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.

 

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Liability

 The Freemanart Consulatancy, 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 December 29.  2023