/ Terms & Conditions

 

 

The Gallery Support Group

To request a copy, please call 020 305 30753 or email info@gallerysupportgroup.com

 

(a) Any Specific Terms in any confirmation of order together with these Conditions will constitute the whole Contract between the Gallery Support Group specified above and hereof known as ("the Group")

and its customers and no other terms or conditions whatsoever shall form part of such Contract.

(b) The Invalidity or unenforceability of any clause herein shall not affect the other clauses of this document.

(c) No variation hereof shall bind the Group or its customer unless evidenced in writing under the signature of a Director of the Group.

 

1. General Conditions of Carriage

The Group and its contractors are not common carriers and accept no liability as such. Means, route and the method of carriage will be at the sole discretion of the Group and its contractors.

Carriage hereunder is governed by The Uniform Rules for a Combined Transport Document (publication 298 of the International Chamber of Commerce, Paris, November 1975) and is subject to the following

conventions compulsorily applicable at the date of acceptance of the goods by the Company. i) Carriage by Air. The Warsaw Convention of 1929 as amended and subject to the implementation of the Carriage

by Air and Road Act 1979. ii) Carriage by Road. The Convention of the Contract for the International Carriage of Goods by Road (CMR) as amended in 1956. iii) Carriage by Sea. The International Convention

for Unification of Certain Rules of Law relating to Bills of Lading 1924 and amended by the VISBY and SDR Protocols of 1968 and 1979 respectively. iv) Carriage by Rail. The Convention concerning

International Carriage by Rail (COTIF) and Appendix B thereof, The Uniform Rules concerning the Contract for International Carriage of Goods by Rail (CIM) Berne 9th May 1980. Where none of the above

Conventions apply compulsorily carriage is subject to the Warsaw Convention of 1929 as amended by the Hague Protocol 1955 and in due course by the Carriage by Air and Road Act, 1979.

 

2. Excepted Goods (ie. goods defined in sub-clauses (a) and (b) of this Condition)

(a)The Group will not carry dangerous or hazardous goods or valuables, including (without prejudice to the generality of the foregoing) goods classified as dangerous goods by the British Railways Board

and/or the International Air Transport Association (IATA) from time to time, or prohibited by any Government or Governmental Agency of any country from, through, over or to which they shall be consigned.

The Group will not carry perishable goods or any other goods of whatsoever nature they decide in their absolute discretion they cannot transport safely or legally.

(b) Negotiable instruments, money, securities, stamps, precious stones, jewellery and precious metals. The Group does not accept excepted goods for carriage. Should the Group receive excepted goods from

any customer the customer will indemnify the Group against all loss damage or injury directly or indirectly caused thereby.

 

3. Packaging

The customer warrants that all items entrusted by it for carriage have been properly and sufficiently packed, labelled and prepared. Any items not ready packed upon collection or required to be packed by the

Group upon collection will automatically be subject to a Condition check and Condition Report which will be billable to the customer and reports supplied to the customer upon request.

4. Subcontractors

The Group may in its absolute discretion employ or entrust the carriage of any items to others (including associated companies) to perform part or all of the services contracted by it.

The Group may provide mini-cab or chauffeur driven services where applicable on the basis that the Company shall act as agent for the proprietor of such transport. Where such transport is sub-contracted,

any liability arising thereout shall be the liability of the proprietor or its insurers and not that of the Company notwithstanding that the Company may charge the customer directly for the provision of such

transport services.

5. Route

Subject to any express instructions received from the customer the Group has absolute discretion as to the means, route and procedure to be followed; and in the handling and transport of any item. The

Group may depart from any express instructions of the customer if at any stage it is desirable in the interest of the customer or necessary so to do.

6. Warrants of Authority

The customer consigning items to the Group for carriage and delivery hereby expressly warrants that it is either v) the owner thereof; or vi) the authorised agent of such owner and has the full authority of the

owner to accept these terms and conditions not only for itself but also as agent for and on behalf of the owner or such persons who may thereafter become interested therein.

7. Consignment Notes

The Group will if required sign a document acknowledging the receipt of any consignment entrusted to it but such document shall not be evidence of the condition or the correctness of the declared nature,

quantity or weight of the consignment or any constituent item thereof at any specific time.

8. Transit

Transit shall commence when items are physically delivered to or collected by the Group or its agent. (b) Transit shall end vii) when such items shall be tendered at the address required by the customer or viii)

if the group or agent is unable through lack of safe facilities or the absence of the consignees' staff to deliver the items.

The Group will give the customer notice thereof (whether, telephonic or otherwise) and thereupon transit shall be deemed at an end; or if items are held by the Group to await further instructions, transit shall

be deemed to end (subject to sub-paragraph (ii) above) when such instructions are fulfilled or 7 days from the commencement of transit, whichever shall be earlier.

9. Payments

ix) Any sums shown to be due to Group shall be paid to the Group when due.

x) Credit accounts may be rendered weekly and will be payable within twenty-eight days of the date of invoice. xi) Payments shall be made without any deductions and shall not be withheld or deferred on

account of any claim, counterclaim or set-off.

xii) Where payment is not received on the due date the Group may charge interest on all outstanding amounts at 3% per month from the original due date at daily breaks.

10. Insurance

(a) Where applicable the Group’s liability to clients or third parties is governed by the Conventions specified in Clause 2 hereof. Where such Conventions do not apply, the Group’s liability for any item shall

not exceed £500.00

(b) If the customer specifies the value of any item in writing to the Group before the commencement of transit it may require the Group to insure such item and the Group requires at least three days notice to

obtain a quotation for transit insurance on such terms as the customer shall specify. Unless the customer notifies its acceptance thereof to the Group in writing before the commencement of transit, the Group

shall be under no obligation to insure. In no circumstances shall the Group be liable for more than the specified value of any item nor more than that paid by insurers thereof.

(c) Nothing herein contained shall preclude the customer from insuring its own goods, but it must declare such insurance to the Group and the Group shall not be liable for the loss of such goods however

occasioned.

(d) The Group’s liability shall never extend to consequential damage.

(e) The Group operates a default Condition Check & Report procedure which is automatically billable to the customer. This is enforceable unless expressly opted-out of by the customer in advance of the

transit.

(f) All art handlers supplied by the Group are monitored constantly by body CCTV. Evidence of all body CCTV can be made available to the customer upon request at a cost exceeding no more than £10.00 +

vat. All body CCTV can be switched off at any point upon request of the customer.

11. Liability

The Group shall not be liable for any shortage or loss to any item entrusted to it unless it has been opened (other than by Customs or other permitted Authority) during transit. (b) The Group shall not be liable

for loss or damage, mis-routing, mis-delivery, delay, or detention unless it is advised thereof in writing within 7 days and a quantified claim is made in writing within 28 days (both after the commencement of

transit). (c) The Group will not be liable for the customer's acts or omissions (including incorrect declarations of the contents of any item) nor for any damage to any item caused by any third party, including its

own sub-contractors and any Governmental agency or any airport or other unavoidable or official inspection nor for any damage to goods, whether photographic or otherwise, by x-ray or analogous process.

(d) Subject to sub-paragraph (b) above all claims must be notified to the Group within 28 days of the end of transit as defined in Clause 9 above. Within 28 days after such notification a quantified claim must be

made in writing. The Group shall not be liable unless such procedure is observed. The Group shall not be obliged to act on nor pay any claim until all its charges and disbursements due on this or any other

contract with the customer have been paid.

12. Estimates & Payments

All quotations and estimates given by the Group for its services exclude Charges etc. specified in Clause 15(b) below and are given on the basis of prompt acceptance by the customer and shall only remain

open for 7 days (unless revoked or withdrawn within that period), from the dates thereof.

13. Customs Clearance

The customer appoints the Group as its agents and will supply to the Group all documentation required by any Customs Authority or other governmental authority confirming the Group’s appointment. The

customer is responsible for compliance with all applicable regulations of any country from, to, or through, or over which a consignment may be carried. The customer will furnish such information and attach to

the Way Bill, such documents as are necessary to comply with such regulations, etc. and shall be deemed to know what documents are necessary. The Group shall not be liable to the customer or any third

party for any loss due to the customer's failure to comply with this procedure. (b) The customer is responsible for all charges, disbursements, duties, assessments, penalties, fines, taxes and legal fees relating to

this consignment.

14. Right of Refusal

The Group may refuse any goods from any person, firm or company in its sole discretion and may refuse to deliver to any specified consignee.

15. Lien

The Group shall have a special lien on all consignments for charges on such consignments and shall also have a general lien against the owner (or its agent) or customer or consignee ("the debtor") to the Group.

If any monies due are not paid within 7 days of demand the Group may sell the debtor's goods held by it or any part or parts thereof and apply proceeds in or towards discharge of such indebtedness and the

expense of the sale. Its lien shall only be discharged if and when payment of such indebtedness shall have been completed and surplus shall be held by the Group to the debtor's order.

16. Notice

Any Notice required by this Contract shall be deemed delivered within 48 hours of posting by prepaid, First Class post or immediately upon transmission by electronic means (and only in the circumstances of

Clause 9(b)(ii) hereof immediately upon telephonic transmission).

17. Proper Law

The Law of England applies to this Contract and only the Courts of England and Wales shall have jurisdiction in any dispute arising thereout.

These are the conditions of the Gallery Support Group and will be taken as read upon the commencement of any contract.

 

 

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