TERMS AND CONDITIONS

1.0 INTRODUCTION

1.1 These Terms & Conditions govern every service and contract made between Felstead Studios for the supply of goods and services provided by Felstead Studios to any person, firm, or company.

1.2 These terms apply to all orders for goods and services, including those placed online via our websites.

1.3 These Terms supersede over any conditions previously issued and over any written terms and conditions of the Client.

1.4 Any variation to the Terms & Conditions must be agreed in writing with Felstead Studios.

1.5 Acceptance or commencement of the services shall be deemed to be conclusive evidence of acceptance of our terms and conditions.

2.0 DEFINITIONS

2.1 Terms & Conditions [“Terms & Conditions”, “T&C”, “the Terms”].

2.2 Company [“the Company”, “Felstead Studios”, “Felstead”, “we”, “us”, “our”].

2.3 Client [“the Client”, “you”].

2.4 Suppliers; The term “Suppliers” relates to any 3rd party supplier of goods, services, materials, advisory, or expertise provided to Felstead Studios in relation to any goods and services offered by Felstead Studios. 

2.5 Artworks; The term “Artwork” relates to any artwork, print, document, or any object submitted to Felstead Studios by the Client in relation to any goods and services offered.

2.6 Services; The term “Services” relates to any supply of good or services offered and provided by Felstead Studios to any person, firm, or company.

2.7 Job; The term ‘Job’ relates to the agreed upon Service or group of Services the Client has tasked Felstead Studios to undertake.

3.0 QUOTATIONS

3.1 All quotations given by Felstead are valid for 30 days.

3.2 Any quotation given by Felstead shall be regarded as an estimation only and do not constitute a final price until the Client has agreed on the Order. Felstead reserves the right to recalculate and modify the final price if required once the Client has agreed. 

3.3 All unseen quotations are estimations only and do not constitute a final price until Felstead has inspected the Artwork(s) and the Client has agreed on the Order. We cannot give accurate or guaranteed prices without inspecting and discussing the Artwork(s) in person. Felstead reserves the right to recalculate and modify the final price if required once the Client has agreed. 

3.4 If the Clients requirements or specifications differ from what the quotation was based upon, then Felstead reserves the right to recalculate and modify the quotation at our own discretion.

4.0 CONSIGNMENTS

4.1 All Consignments will be confirmed in writing and must be signed by both Felstead and by the Client.

4.2 If any verbal Consignment is accepted by Felstead from the Client then Felstead will not be responsible for any damage or losses arising from the verbal Consignment.

5.3 Unless Felstead is given prior written notice by the Client, the person placing the Consignment on behalf of the Client will be deemed to be authorised to do so.

5.4 Felstead reserves the right to discuss the Consignment and the Artwork(s) including the sharing of images and details to any relevant Supplier in regards to the specific Services enquired about by the Client.

5.0 JOBS

5.1 Jobs will be confirmed in writing and must be signed by both Felstead and by the Client.

5.2 If any verbal Job is accepted by Felstead from the Client then Felstead will not be responsible for any mistakes (made by either party) arising from the verbal Job.

5.3 Unless Felstead is given prior written notice by the Client, the person placing the Job on behalf of the Client will be deemed to be authorised to do so.

5.4 If the Client requires a Job completed for a particular deadline, this deadline must be specified verbally or in writing at the time of placing the Job. Once agreed upon the Order will be classed as a ‘priority’. Felstead reserves the right to decline the request of a specific deadline.

5.5 Felstead shall use all reasonable endeavours to meet due dates specified but any such dates are estimates only and we cannot guarantee any due date, unless a ‘priority’ deadline has been agreed. Felstead reserves the right to extend due dates if required. Whilst we try our best to meet due dates, some factors such as but not limited to Supplier delays, out of stock materials, and delivery delays, are out of our control.

5.6 Felstead shall supply the Services to the Client in accordance with the specification agreed upon for each Job, to the best of our ability.

5.7 Felstead reserves the right to amend the specifications if necessary to comply with any applicable law or regulatory requirement. Felstead shall notify the Client in any such event.

5.8 Felstead warrants to the Client that the Services will be provided using reasonable care and skill.

5.9 On acceptance of a written Job, the Client accepts full responsibility for the exact specifications given in that Order (including but not limited to dimensions, moulding, mount type, colour and dimensions, type of drymounting, type of glazing, special instructions and pricing). These specifications are binding and Felstead can accept no liability for alleged misunderstandings. Any subsequent changes requested by the Client will be undertaken as a new Order and neither included in nor deductible from the price of the original Job.

5.10 Where the specified materials are not available from our Suppliers as either discontinued or out of stock, Felstead will advise the Client as soon as possible. The Client may then either alter their specifications or cancel the Job. Where the Client requests Felstead to use their discretion in selecting any alternative material in the Client’s absence, the Client accepts full responsibility for the alternative used.

5.11 Any samples, drawings, descriptive matter or advertising issued by the Supplier, and any descriptions or illustrations contained in the Supplier’s catalogues, brochures, its website or social media channels are issued or published for the sole purpose of giving an approximate idea of the Services described in them. They shall not form part of the contract or have any contractual force.

5.12 We recommend longterm aftercare procedures for most jobs/frames. Inspections should be carried out on average every 3-5 years following the completion of a Job, but more frequent for certain Jobs, such as for delicate or susceptible Artworks. More advice can be found in our Aftercare Information.

6.0 CLIENT RESPONSIBILITIES

6.1 The Client shall ensure that the terms of each Job and any information provided in regards to the specifications and/or requirements are complete and correct.

6.2 The Client hereby warrants that he/she created and possesses unencumbered title to the Artwork(s), and that their descriptions are true and accurate.

6.3 The Client shall provide Felstead with all relevant information (drawings, measurements, calculations) required for each Job and ensure that such information is complete and accurate in all respects.

6.4 The Client shall be responsible for any errors or omissions in any drawings, measurements, calculations or particular information supplied by Felstead whether verbally or in writing and whether or not such information has been approved by Felstead.

6.5 If Felsteads performance of any of our obligations is prevented or delayed by any act or omission by the Client or failure by the Client to perform any relevant obligation then Felstead shall not be liable for any additional work or related costs. The client acknowledges and agrees that any increased costs will be added to the Job total to be paid.

6.6 Felstead reserves the right to cancel a Job if reasonable completion of a Job becomes impossible by any act or omission by the Client or failure by the Client to perform any relevant obligation. The Client acknowledges and agrees that any deposits paid are non-refundable and forfeit.

6.7 Any loss, costs or expenses suffered by Felstead due to Client error, omissions or self supplied material defects will be payable by the Client.

7.0 TIMEFRAMES

7.1 Timeframes vary dependent on the type and size of the Job, complexity of the Job, and the extent of other commitments taken on by Felstead at the time. Average timeframes range from 2-4 weeks and Felstead reserves the right to define the timeframe for each Job.

7.2 If the Client requires a Job completed for a deadline, this deadline must be specified verbally or in writing at the time of placing the job. Once agreed upon the Job will be classed as a ‘priority’. Felstead reserves the right to decline the request of a specific deadline.

7.3 Felstead shall use all reasonable endeavours to meet due dates specified but any such dates are estimates only and we cannot guarantee any due date, unless a ‘priority’ deadline has been agreed. Felstead reserves the right to extend due dates if required. Whilst we try our best to meet due dates, some factors such as supplier delays, out of stock materials, and delivery delays, are out of our control.

7.4 Whilst every effort will be made to meet the estimated timeframe for a given Job, timeframes are not guaranteed and we accept no liability or consequential loss for either delays to or non-delivery of your Job.

8.0 COLLECTIONS

8.1 Once a Job has been completed, Clients will be notified and are required to collect the order within 30 days from the completion date.

8.2 Upon collection the Client shall inspect and examine the Job(s)/Service(s) supplied. If the Client is collecting wrapped frames, we allow 7 days for Clients to inspect and examine at home. Felstead must be informed of any issues with these 7 days. Felstead accepts no liability for any issues raised after 7 days from collection.

8.3 Satisfactory inspection on collection, no following no notice within 7 days from collection, shall be deemed to be acceptance that the Client is satisfactory and the Order(s)/Service(s) meets expectations.

8.4 If delivery, couriers, or postage is required then this must be arranged directly with Felstead prior to collection. Any costs or charges are the responsibility of the Client.

8.5 No completed Jobs may be removed from Felsteads premises before full payment has been received. Felstead reserve the right not to release goods until the funds have cleared in full.

9.0 CHARGES & PAYMENTS

9.1 Charges for all Services shall be agreed upon between all parties and set out in written confirmation sent by Felstead to the Client before commencing any work.

9.2 All prices are displayed and quoted in pounds sterling. All amounts payable by the Client are inclusive of value added tax (VAT).

9.3 Unless otherwise agreed between Felstead and the Client in writing in advance, Felstead requires a 50% deposit before commencing any work, and the remaining 50% of the Charges on completion of the Services.

9.4 The Client shall pay each invoice submitted by Felstead within 7 days of the date of the invoice, upon collection, or in accordance with any credit terms agreed by Felstead and confirmed in writing to the Client.

9.5 Deposits are non-refundable once Felstead has started work on a particular Job, including the ordering from our suppliers of the materials specified. Deposits will only be refunded if the Client cancels the Job before Felstead has begun the work, or where the specified materials are not obtainable (either discontinued or out of stock).

9.6 Felstead shall be entitled to charge the Client for any expenses reasonably incurred by the individuals whom the Supplier engages in connection with the Services including travelling expenses, hotel costs, subsistence and any associated expenses, and for the cost of Services provided by third parties and required by Felstead for the performance of the Services, and for the cost of any materials.

9.7 Upon completion of the Job, Felstead shall notify the Client, and the Client shall collect the Job within 30 days of completion. Should the Client fail to collect the Order within this period, Felstead shall be entitled to charge the Client reasonable storage fees of £2.50 per day per Artwork for the continued storage (on site or at an external storage location, at Felsteads own discretion) of the Job.

9.8 Should the Job remain uncollected and the balance remains unpaid by the Client after 90 days, Felstead will assume the permanent title and ownership of the Artwork(s). Felstead will then seek to recover costs incurred by the possible resale of the Artwork(s).

9.9 Felstead reserves the right to adjust the prices if the Client makes any alterations to the original agreed Job, specification, materials design of any kind arising for any reason after the date of the order.

9.10 Artwork(s) submitted to Felstead for Quotation or Consignment purposes, in the event that the offer by Felstead is not accepted by the Client after 30 days of issue, reasonable storage fees of £2.50 per day for the continued storage will be applied. Storage charges must be paid in full before collection.

10.0 CANCELLATIONS, CHANGES, & RETURNS

10.1 Being bespoke or made-to-measure Services, once a Job has started to be manufactured or a third party supplier has committed, it cannot be changed or cancelled for any reason whatsoever.

10.2 Bespoke or made-to-measure goods cannot be returned for a refund unless they are unfit for purpose or not as described.

10.3 Felstead will only consider cancelling or changing a Job (or add to an existing Job) if the Client requests the change/addition within 2 working days of placing the original Job. Changes requested after this time may be allowed however this is at our own discretion depending on the additions required.

10.4 Once Felstead has committed to a Job, we will only offer to cancel and refund if we find materials required for the Job to be out of stock of discontinued. If there are no suitable alternative materials for Felstead to complete the Job as required by the Client, then a cancellation and refund can be offered.

10.5 Priority or Rushed Jobs cannot be changed from the moment the Job is confirmed.

11.0 UNCOLLECTED ORDERS

11.1 The Client is requested to collect all completed Jobs as soon as possible once notified. The Artwork(s) will be available for collection 30 days after the completion date. 

11.2 Felstead has limited storage space and therefore we reserve the right to charge a storage fee of £2.50 per day for each uncollected Artwork after 30 days.

11.3 Should any Job remain uncollected and the balance remains unpaid by the Client after 90 days, Felstead will assume the permanent title and ownership of the Artwork(s) and shall be entitled to dispose of the Artwork(s) to recover costs owned and incurred

11.4 Felstead must take all reasonable measures to contact the Client before disposing of any Artwork.

11.5 Any partial or full payments made for completed jobs are non-refundable and the Client remains liable for any outstanding balance payable for completed work.

11.6 If the Client has any uncollected large Jobs, please get in touch to arrange collection ASAP following completion. Please note that for uncollected larger framed items, these may have to go into commercial storage at a different location, all transport and associated storage fees will be invoiced and payable when you collect. If your uncollected jobs has gone into storage please note we will need 1 week’s notice when you intend to collect.

12.0 SERVICES

12.1 FRAMING

12.1.1 Felstead treats all Artworks brought to us for framing with great care and respect at all times. All our frames are built to either our Conservation Standard or our Museum Standard. This relates to both how an Artwork is framed as well as the materials used. We only use the highest quality materials in each frame. We look to preserve each Artwork as is and will not atomically change, modify, or hide any defects in the Artwork.

12.1.2 All framing work carried out by Felstead abides by our own framing Code of Conduct. The ten clauses of our Code of Conduct relates how Artworks are cared for and the basic standards with this they must be framed;

1. 1. Never carry out any action that cannot be undone. All methods must be reversible without leaving any damage or residue.
   2. All artworks must be handled appropriately. Clean hands, the wearing of gloves, and the use of clean work spaces in required.
   3. The highest quality conservation or archival materials must be used at every stage of framing. No chemicals, acids, or corrosive materials can be used.
   4. All artworks, mounting, and frames must be allowed movement. Expansion and contraction must be possible with changes in temperature and humidity.
   5. No artworks can be cut, trimmed, folded, permanently mounted, or dry-mounted.
   6. UV filtered glazing or museum glazing must be used with all Museum Standard frames.
   7. Artworks must never touch the glazing under any circumstances. Window mounting or fillets/spacers must be use in all frames.
   8. Barrier materials must be used to seal in the rabbet, glazing, and the backing with all Museum Standard Frames. The frame must be protected from any particulates and moisture.
   9. Honest judgement must be exercised at all times. No work should be carried out without the confidence and experience that it can be completed safely and successfully.
   10. Further professional help must be sought out for specialist procedures, such as for paper/painting conservation and restoration.

12.1.3 Whilst Felstead will make every effort to match any samples chosen, the Client understands that slight variations may occur in the finished frames. The Client accepts that hand finishes, such as wood stains and paints, may vary slightly to the samples. Samples on display are for guidance only and exact matches cannot be guaranteed. The final colour achieved will depend on the natural grain, density and colour of each type of wood and of each individual length of that wood. The Client accepts that the exact grain and colour of a wood frame will by necessity vary with each individual length of wood moulding. Exact matches cannot be guaranteed.

12.2 CANVAS STRETCHING

12.2.1 Felstead will treat every canvas to be stretched with care, but there is an unlikely but inherent risk of canvases splitting and painted surfaces cracking. The Client acknowledges and understands these risks.

12.2.2 The Client understands that Felstead will not be held liable for any such splitting and cracking of the paints surface that results from professional stretching.

12.2.3 ’Simple stretching’ is specifically designed for the temporary display of Artworks. If the Client chooses to use simple stretching for the long term display of Artworks then the Client accepts the risk of Artworks relaxing and sagging. Canvas re-stretching is available at the Clients expense.

12.3 DRY/COLD MOUNTING

12.3.1 Dry and cold mounting process are not reservable and therefore do not adhere to either our Conservation Standard or our Museum Standard. Felstead and our Suppliers will take every precaution in handling each Artwork, however the Client takes responsibility for loss or damage that may occur as a result of a permanent mounting process.

12.3.2 Dry and cold mounting is not a reversible process and we therefore do not recommend its use on Artworks that are one-offs or cannot be easily reprinted or replaced.

12.3.3 Due to many factors in the mounting process the possibility exists that Artworks or substrates may be damaged during the process. Whilst these issues are rare, there is an inherent risk in any kind of permanent mounting process. 

12.3.4 Felstead and our Suppliers will not be held liable for any consequential loss or damage or otherwise to any Artwork or other item left for permanent mounting.

12.4 CONSERVATION & RESTORATION

12.4.1 Conservation and restoration work will be carried out in-house with Felstead or on location with our Suppliers. The Client acknowledges and understands that their Artwork(s) may be moved to the appropriate locations for the required Services agreed upon.

12.4.2 Clients acknowledge and understand the inherent risk in conservation and restoration Services. The Client will not hold Felstead or our Suppliers liable for any loss or damage causes as a result of any action outside of our own control.

12.4.3 Any work carried out by our Suppliers will fall under their own terms and conditions and with override the Terms & Conditions of Felstead.

13.0 RISK & SAFETY

13.1 Felstead will recommend a suitable specification for Artworks based on the requirements detailed by the Client and taking into account General Product Safety Regulations.

13.2 All Orders/frames will adhere to either of Conservation Standard or Museum Standard. These two standards are recommended to reduce risk as much as possible, to protect Artworks to the best of our ability, and to adhere to industry standards.

13.3 Where our recommendations do not match the Clients requirements and the Client decides to bypass the recommendations with insistence their preferred specification be applied, the Client without exception makes declaration and acknowledges Felstead is not liable under any circumstances for any costs, claims, injury, damages, losses or loss of profit incurred by the Client or other party in any event. The Client undertakes to indemnify Felstead and keep them indemnified hereby at all times from any such claims.

13.4 Where the Client requires or insists Felstead to complete a Job below our framing standards, or introduces 3rd party materials to Felstead to be included in an order, the Client without exception makes declaration and acknowledges Felstead is not liable under any circumstances for any damages or changes to the Artwork(s), or any costs, claims, injury, damages, losses or loss of profit incurred by the Client or other party in any event. The Client undertakes to indemnify Felstead and keep them indemnified hereby at all times from any such claims.

13.5 All Jobs/frames will be wrapped appropriately with the assumption the Client will collect in a manner suitable. Felstead can recommend appropriate forms of handling and transportation, but all risk and liability passes to the Client at point of collection.

13.6 Any Jobs/frames can be susceptible to the environment in which it is place. Environmental factors such as humidity, light, and temperature can affect both Artworks and frames, causing effects such but not limited to paper cockling, mold, mildew, fading, discolouration, and foxing. Every job and frame completed to our standards will reduce the possibility of these effects, but the Client acknowledges that there is no guarantee against these effects happening. The Client acknowledges the risk and their own liability and responsibility for each completed Job once collected.

13.7 All frames will include suitable hanging systems on the reverse. This will be suitable for the size and weight of each frame. We do not include any wall fixtures and Felstead can only recommend potentially suitable options for any wall fittings or hanging systems.

13.8 Felstead will always recommend to seek professional help when hanging frames or to discuss with us and we can recommend 3rd party professional hangers. The Client acknowledges the risk and their own liability and responsibility for hanging frames if they choose to take on this actions themselves.

14.0 INSURANCE

14.1 Artworks are covered by Felsteads insurance policy solely in respect of accidental damage up to a maximum of £100,000. The Client should ensure that adequate insurance is in place at all times to cover the full value of their submitted Artwork(s).

14.2 If the Client and Felstead both agree that any Artwork(s) returned to the Client do not comply with their original description or condition, Felstead shall at its option, replace the Artwork(s) or credit the Client for any sums paid, or a reasonable portion thereof where the deficiency is minimal.

14.3 In the unlikely event that the Artwork(s) are damaged by the proven fault or negligence of Felstead, under no circumstances shall the liability of the Felstead to the Client exceed the reprint or replacement value of the Artwork(s). Felstead shall have no liability under any circumstances for any other costs, claims, damages, losses or loss of profit incurred by the Client or any third party. The Client undertakes to indemnify Felstead and keep them indemnified hereby at all times from any such claims, on submission of their Artwork(s).

14.4 All stated values must be based on a fair market replacement value and our liability is limited to the Artwork(s) value is limited to a fair market replacement value. The stated value should be realistic and reflect the Artwork(s) condition when brought in for framing. Should the need to claim arise, reasonable proof of the Artwork(s) value will be required from the Client, such as a purchase receipt or professional valuation.

14.5 If restoration is a viable option in the unlikely event of damage by the proven fault or negligence of Felstead, then we offer in-house conservation and restoration services, alternatively we have relationships with a number of third-party restorers.

14.6 Any pre-existing damage or issues with the Artwork(s) when initially submitted to us can affect the value of the Artwork(s). Values will be modified accordingly.

15.0 INTELLECTUAL PROPERTY RIGHTS

15.1 Intellectual Property Rights includes without limitation patents, utility models, rights to inventions, copyright and neighbouring and related rights, moral rights, trade marks and service marks, business names and domain names, rights in get-up and trade dress, goodwill and the right to sue for passing off or unfair competition, rights in designs, rights in computer software, database rights, rights to use, and protect the confidentiality of, confidential information (including know-how and trade secrets), and all other intellectual property rights, in each case whether registered or unregistered and including all applications and rights to apply for and be granted, renewals or extensions of, and rights to claim priority from, such rights and all similar or equivalent rights or forms of protection which subsist or will subsist now or in the future in any part of the world.

15.2 This website, its content, marketing, advertising, and communication are copyright of Felstead Studios – © Felstead Studios 2022. All rights reserved. Any redistribution or reproduction of part or all of the contents in any form is prohibited other than the following: You may print or download to a local hard disk extracts for your personal and non-commercial use only; You may copy the content to individual third parties for their personal use, but only if you acknowledge the website as the source of the material. You may not, except with our express written permission, distribute or commercially exploit the content. Nor may you transmit it or store it in any other website or other form of electronic retrieval system.

15.3 Unless otherwise indicated, the website is our proprietary property and all source code, databases, functionality, software, website designs, audio, video, text, photographs, and graphics on the website (collectively, the “Content”) and the trademarks, service marks, and logos contained therein (the “Marks”) are owned or controlled by Felstead or licensed to us, and are protected by copyright and trademark laws and various other intellectual property rights and unfair competition laws of the United States, international copyright laws, and international conventions. The Content and the Marks are provided on the website “AS IS” for your information and personal use only.

15.4 Except as expressly provided in these Terms & Conditions, no part of the website and no Content or Marks may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose whatsoever, without our express prior written permission.

15.5 Felstead will claim no copyright in Artworks or materials submitted to Felstead by virtue of Services undertaken by Felstead on behalf of the Client.

15.6 The Client warrants that they own or control all rights or has obtained all copyright, moral rights and similar permissions, consents and waivers as are now or hereafter required for all copying, processing and manipulation to be undertaken and the Client hereby irrevocably authorises Felstead or its subcontractors to do all such copying, processing or manipulation as is necessary in carrying out the Services requested by the Client.

15.7 The Client further warrants that no copyright or moral rights or any other rights of a similar nature now existent or hereafter created will be infringed, by virtue of anything done by, on behalf of or at the request of the Client or at Felsteads premises or on materials or goods sold, supplied or hired by Felstead to the Client, or access to which is provided by Felstead to the Client or to any party at the direction or request of the Client.

15.8 The Client agrees to indemnify Felstead against all losses, damages, claims or expenses (including legal costs on an indemnity basis) which Felstead may reasonably incur by virtue of any breach of the above warranties or in the event of any claim (whether or not proceedings are issued) by any party against Felstead or its employees (whether permanent or temporary) that any copyright or moral rights or any similar rights have been infringed by Felstead or its employees or that Felstead have induced, encouraged, authorised or otherwise been associated with such infringement by virtue of anything done by, on behalf of or at the request of the Client.

15.9 The Client grants Felstead fully and unencumbered licence to copy and modify any materials provided by the Client for the term of the relationship for the purpose of providing the services to the Client.

15.10 The Client agrees that Felstead is authorised to use images of the Artworks, incorporating any materials provided by the Client, on Felsteads promotional materials including but not limited to its website and social media accounts, unless this conflicts with any terms of confidentiality, copyright, moral rights, or intellectual property rights.

15.11 The Client warrants that it holds the appropriate rights and/or licences to any materials provided to Felstead, and agrees to indemnify Felstead for any losses suffered as a result of a dispute relating to the Intellectual Property Rights subsisting in the materials provided.

15.12 All Intellectual Property Rights in or arising out of or in connection with the services provided shall be owned by Felstead.

16.0 LIMITATIONS OF LIABILITY

16.1 Nothing in the Terms & Conditions shall limit or exclude the Felsteads liability for: Death or personal injury caused by its negligence, or the negligence of its employees, agents or subcontractors; Fraud or fraudulent misrepresentation; or any other liability which cannot be limited or excluded by applicable law.

16.2 The Client must notify Felstead in writing of any claim concerning any invoice of Felsteads within 30 days of the date of the invoice. Felstead will not be liable in respect of any claim notified after such time. Similarly Felstead will not be held responsible for any shortages or defects in completed services if not reported within 7 working days of receipt of the Artwork(s).

16.3 Felsteads total liability to the Client, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, arising under or in connection with the Contract shall be limited to 100% of the total Charges paid under the Contract.

16.4 Any Artwork, object, artefacts, and/or other materials belonging to the Client or any third party and provided to Felstead or any of our required third parties by the Client (for storage, framing, services, or otherwise) shall remain at the Clients risk at all times and the Client shall be responsible for insuring the same at its own expense.

16.5 Felstead shall not be liable under this Agreement for any loss of income or profits, loss of contracts or for any indirect or consequential loss or damage of any kind howsoever arising and whether caused by tort (including negligence), breach of contract or otherwise.

16.6 This Agreement sets forth the full extent of Felsteads obligations and liabilities in respect of this Agreement. In particular, there are no conditions, warranties, representations or other terms, express or implied, that are binding on Felstead except as specifically stated in these Terms & Conditions. Any condition, warranty representation or other term concerning Felsteads performance of its obligations hereunder which might otherwise be implied into or incorporated in this Agreement whether by statute, common law or otherwise, is hereby excluded.

16.6 Where organic products form or comprise part formation of materials supplied by Felstead, we make no warranty against natural changes or imperfections occurring in these Artworks that are subsequently attached.

16.7 We have worked hard to ensure our website and specifications are up to date, however the risk of error remains; where we do identify a mistake, or it is brought to our attention we will rectify it as soon as possible.

16.8 You acknowledge and agree that Felstead are only willing to provide our services if you agree that our liability is limited.

17.0 FORCE MAJEURE

17.1 Felstead will not be liable for any failure to perform any agreement between Felstead and the Client which is due to any circumstances beyond Felsteads control including (but not limited to); Inability to secure labour, materials, supplies or transport; Scarcity of fuel, power or components; Or machine breakdown, fire, storm, flood, act of God, war, civil disturbance, strikes, lock-outs or industrial action (of any form).

17.2 Neither party shall be in breach of any Terms & Conditions nor liable for delay in performing, or failure to perform, any of its obligations under the Terms & Conditions if such delay or failure result from events, circumstances or causes beyond its reasonable control.

17.3 If a force majeure event prevents Felstead from being able to provide its goods and services we reserve the right to cancel the any arrangement or Service.

18.0 NOTICES

18.1 Any notice or other communication given to any party under or in connection with the Terms & Conditions or any Service shall be in writing and shall be delivered by hand or by recorded delivery; or sent by email to the parties main email address. This clause does not apply to the service of any proceedings or other documents in any legal action or, where applicable, any other method of dispute resolution.

19.0 TERMINATION

19.1 Any agreement between Felstead and the Client shall terminate automatically upon completion of the Services as specified in the Job or the Specification, or upon collection or delivery of the completed Job (as the case may be).

19.2 Any agreement can be terminated if the other party takes any step or action in connection with its entering administration, provisional liquidation or any composition or arrangement with its creditors (other than in relation to a solvent restructuring), being wound up (whether voluntarily or by order of the court, unless for the purpose of a solvent restructuring), having a receiver appointed to any of its assets or ceasing to carry on business or, if the step or action is taken in another jurisdiction, in connection with any analogous procedure in the relevant jurisdiction.

19.3 Felstead reserves the right to terminate or suspend provision of our services if the Client fails, or Felstead is of the belief that the Client will fail, to meet their obligations as specified in these Terms & Conditions.

19.4 In the event of termination all outstanding money owed to Felstead will immediately become due and payable. All money paid to Felstead is non-refundable and forfeit.

20.0 CONFIDENTIALITY

20.1 Each party undertakes that it shall not at any time disclose to any person any confidential information concerning the business, affairs, customers, clients or suppliers of the other party, except as permitted by this clause. 

20.2 Each party may disclose the other party’s confidential information to its employees, officers, representatives, subcontractors or advisers who need to know such information for the purposes of carrying out the party’s obligations under the agreement. 

20.3 Each party shall ensure that its employees, officers, representatives, subcontractors or advisers to whom it discloses the other party’s confidential information comply with any requirements by law, a court of competent jurisdiction or any governmental or regulatory authority. 

20.4 Neither party shall use the other party’s confidential information for any purpose other than to perform its obligations under the agreement.

21.0 DATA PROTECTION

21.1 We will only use the information we collect about you lawfully (in accordance with the Data Protection Act 1998). You may email us to check the information we hold about you at any time.

21.2 Felstead entrusts only such employees with the data processing defined in this agreement who have been bound to confidentiality and have previously been familiarised with the data protection provisions relevant to their work. 

21.3 Felstead and any person acting under its authority who has access to personal data may only process that data in accordance with the instructions of the Client (which includes the powers granted in these Terms & Conditions) unless otherwise required to do so by law.

21.4 Felstead is fully GDPR compliant and our full Privacy Policy can be found here.

22.0 LAW & INTERPRETATION

22.1 These Terms & Conditions, and any dispute or claim arising out of or in connection with our services, shall be governed by the law of The United Kingdom and/or the EU.

22.2 Each party agrees that the courts of England and Wales shall have non-exclusive jurisdiction to settle any dispute or claim arising out of or in connection with any of our services.