Type & Forme Terms & Conditions for Valuations
These terms and conditions provide you with information about us and the terms of agreement (other than price) between you as customer and us as valuer, in relation to the valuation of items identified in the quotation and invoice.
It is important that you read and understand these terms and conditions before commissioning a valuation from us. Please note that by commissioning us to undertake a valuation on your behalf you agree to be bound by the terms and conditions set out below.
1. ABOUT US
1.1 Type & Forme’s main trading address is Office No 4, Grantham Museum, St Peter’s Hill, Grantham, Lincolnshire, NG31 6PY. We can be contacted via phone or email as detailed in Appendix A below.
1.2 We are a Member of ILAB (the International League of Antiquarian Booksellers) and a Member of the ABA (Antiquarian Booksellers’ Association) and bound by the ILAB Code of Usages and Customs and the ABA Code of practice in all dealings with books, customers and related transactions (see https://ilab.org and https://aba.org.uk for details).
1.3 If We are required to contact You, We will do so by telephone or by writing to You at the email or postal address provided by You when commissioning a valuation.
2. INTERPRETATION
2.1 In these Terms and Conditions,
‘Business Day’ means a day (other than a Saturday, Sunday or public holiday) when the banks in London are open for business.
‘Conditions’ the standard terms and conditions of Services of valuation set out in this document.
‘Contract’ means the contract for the Services of valuation of the Items to which these Conditions apply.
‘Entity’ means any legal person, body corporate, partnership, unincorporated association, company or other person or body for whom or on whose behalf the Services of valuation are provided.
‘Items’ means the antiquarian book(s) and/or manuscript(s) and/or other object(s) which the We are to value in accordance with these Conditions.
‘Services’ means the service of valuation of the Items to which these Conditions apply.
‘We’ means the seller, i.e. Type & Forme or each of its Partners.
‘Writing’ includes physical documentation, facsimile transmission, email or SMS.
‘You’ means the customer, i.e. the person, institution or business who accepts a quotation from Us for the valuation of the Items or whose commission of a valuation for the Items is accepted by Us.
2.2 Any reference in these Conditions to any provision of a statute shall be construed as a reference to that provision as amended, re-enacted or extended at the relevant time.
2.3 The headings in these Conditions are for convenience only and shall not affect their interpretation.
3. BASIS OF THE VALUATION
3.1 These Conditions shall apply to the Contract and govern the Contract to the exclusion of any other terms and conditions which You may purport to apply under any purchase order, confirmation of order or similar document.
3.2 All commissions of valuations of Items shall be deemed to be an agreement by You to have the specified Items valued by Us pursuant to these Conditions.
3.3 No variation to these Conditions shall be binding unless agreed in Writing by Us.
3.4 Any typographical, clerical or other error or omission in any quotation, acceptance of offer, invoice or other document or information issued by Us shall be subject to correction without any liability on Our part.
3.5 The Contract is formed when We have received Your request for Our Services and confirmed the scope, nature and fees in Writing and You have confirmed acceptance of Your order for Services in Writing. The Contract will be in existence between You and Us until We have provided the Services and received payment in full.
4. PROCEDURE
4.1 Our fees for the Services will be charged at an agreed rate. We may charge reasonable additional expenses to carry out the Services, such as travel and accommodation expenses. We will issue You with a quotation providing an estimate of all fees for Our Services upon request by You. We reserve the right to increase the price, with Your prior agreement, if there is an increase in cost between the date of the quotation and the date of the Contract for any reason.
4.2 We will agree a schedule for Our Services with You at the time of quotation.
4.3 You shall be responsible for ensuring that all Items to be valued are safely accessible and adequately insured for the purpose.
4.4 We will commence the Services on the date agreed in the Contract with You.
4.5 We shall make any reasonable endeavour to meet any dates specified for Our Services, but all dates shall be considered estimates only, and time shall not be of essence for performance of the Services.
4.6 If Our Services are delayed by an event outside Our control, We will contact You as soon as possible to arrange alternative dates and minimise the effect of the delay. We will not be liable for delays caused by an event beyond Our control. If there is a risk of substantial delay, You may contact Us to ask to end the Contract and receive a refund for any Services for which You have paid but which You have not received.
4.7 We may require and ask for specific information from You to supply the Services to You, e.g., Your address and property details. If You do not provide Us with this information within a reasonable time of Us requesting it, or if You provide Us with incomplete or incorrect information, We may either end the Contract (and Clause 9.2 will apply) or We may make an additional charge of a reasonable sum to compensate Us for any additional administrative work required as a result. We will not be responsible for supplying the Services late or in part if this is caused by Your failure to provide Us with the required information within a reasonable time of Us requesting it.
4.8 If, while carrying out the Services, We consider it necessary to arrange an additional subsequent visit or to conduct further research, We will discuss any options and additional costs with You and, if You wish to proceed, draw up a supplementary Contract.
4.9 We will make any reasonable endeavour to send You a draft of Our valuation report in Writing within an agreed period (usually 20 (twenty) Business Days) of Our visit. We will inform You in advance of any delays. You must review and approve the report, or send any queries to Us in Writing, within 10 (ten) Business Days. We will make any reasonable endeavour to incorporate any changes and or amendments to the valuation report within 10 (ten) Business Days of receiving the returned draft.
5. VALUATION SERVICES – TERMS
5.1 You warrant that You are entitled to arrange a valuation for the relevant Items at the time of requesting the Services. Where You are requesting Our Services on behalf of any other Entity, You warrant that You are duly authorised to enter into the Contract with Us.
5.2 If We are not permitted access to Your property to perform the Services as arranged, We may charge You additional costs incurred by Us as a result. If We are unable to contact You or arrange access to Your property despite Our reasonable efforts, We may end the Contract (and Clause 9.2 will apply).
5.3 Our Services and valuation reports are accurate on the date of issue by Us. From time to time, to reflect changes in the market, the Services and valuation reports We provide may require updating. You may contact Us if You wish to establish the validity of Our valuation report at any time following initial issue, and if We judge that Our valuation report requires amendment to reflect the current market, We will discuss any options and costs with You and, if You wish to proceed, draw up a new Contract. We shall not be liable for any unvalidated use of the valuation reports following a significant change in the market.
5.4 Our Services and valuation reports are tailored to You and Your specified purposes. No other Entity may rely upon or use the valuation report without obtaining Our prior consent in Writing, and the valuation report may not be used for any other purpose than stated in the documentation for the Services. We shall not be liable for any unauthorised use of the valuation reports by any other Entity or for any other purpose.
5.5 While We do make all reasonable endeavour to research competently and diligently the provenance of any Item to be valued, in issuing valuation reports, We express no opinion as to the ownership of the Items being valued.
5.6 In issuing reports, We express no opinion as to the commercial value of the exploitation of the intellectual property or other rights attaching to the Item valued.
5.7 You agree not to call upon Us to give evidence in legal or other proceedings concerning the contents of the valuations made without obtaining Our prior consent in Writing.
5.8 We may change the Services
5.8.1 to reflect changes in relevant laws and regulatory requirements; and
5.8.2 to implement minor improvements. These changes do not affect Your use of the Services.
6. COPYRIGHT
6.1 The copyright subsisting in all text, images and other materials produced by or for Us for the purposes of a valuation of Items is owned by Us, and any such text, images or other materials shall not be used by You without obtaining Our prior consent in Writing.
7. FEES AND TERMS OF PAYMENT
7.1 The price of the valuation shall be the price agreed between You and Us as set out in Writing in the quotation issued prior to entering into the Contract.
7.2 We may charge You additional fees for any changes to the Services requested by You after entering into the Contract. Requests must be made in Writing and changes are subject to the feasibility of their implementation.
7.3 Where the price for the Services is higher than £1,000 (one thousand pounds Sterling), We may levy an advance of 20% (twenty per cent) before We provide the Services. You must pay the invoice at least 5 (five) Business Days before Our Services commence. We will invoice You for the balance of the Services with the draft valuation.
7.4 You must pay Us the full fee for Our Services, excluding any deposit or advance that You may have paid, within 20 (twenty) Business Days after the invoice date, unless stated otherwise on the invoice. In all cases, payment has not been made until We have received cleared funds representing the full amount. The time of payment shall be of the essence of the Contract. Receipts for payment will be issued only upon request.
7.5 If You fail to make payment of the fee for Our Services in full within the specified period, without prejudice to any other right or remedy available to Us, We shall be entitled to charge You interest (both before and after any judgment) per month on the amount unpaid, at the rate of 8% (eight per cent) per annum above the Bank of England base rate from the date when Your payment was due, until payment is made in full (a part of the month being treated as a full month for the purpose of calculating interest).
8. YOUR RIGHTS TO CANCEL A CONTRACT
8.1 If You are cancelling a Contract for Our Services for a reason set out at (i) to (iv) below, the Contract will end immediately and We will refund You in full for any fees You have paid in advance for Services that We have not provided. The reasons are:
(i) We have told You about an upcoming change of significant effect to the Services or these Conditions to which You do not agree;
(ii) there is a risk that supply of the Services may be significantly delayed because of events outside Our control;
(iii) We have suspended Our Services for technical reasons, or have notified You that We are going to suspend Our Services for technical reasons, in each case for a period of more than 48 hours; or
(iv) You have a legal right to end the Contract due to Our material breach of the Contract’s terms.
8.2 You have a legal right to change Your mind and cancel a Contract for Our Services entered at a distance or off-premises within 14 (fourteen) days of entering into a Contract with Us, that is, 14 (fourteen) days after Your confirmation of Your order for Our Services (Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013). Please note:
8.2.1 We will begin providing Our Services before the expiration of the cancellation period upon Your specific request in Writing.
8.2.2 You do not have the right to change Your mind once the Services have been completed, irrespective of the end of the cancellation period.
8. 3 In the event that You are entitled to cancel a Contract for Our Services pursuant to Clause 8.2, We will comply with Our obligation to reimburse You for all fees You have paid in advance for Services that We have not provided; however:
8.3.1 Where You have requested specifically that We provide Our Services within 14 (fourteen) days of entering into a Contract, You will be responsible for any fees and charges incurred by Us up until the date of cancellation.
8.3.2 You agree to paying or incurring liability to pay sums to third parties in relation to the Contract and You agree that if You cancel the Contract for Our Services, We will not reimburse any sums which We have paid or incurred liability to pay to a third party with Your authority.
8.4 In the event that You are entitled to cancel a Contract for Our Services pursuant to Clause 8.1 or Clause 8.2, You shall notify Us in Writing using Our details as set out in Appendix A and providing Your name, address, details of the Service and, where available, phone number and email address.
8.5 In any other circumstance other than those described in Clause 8.1 and 8.2, if You cancel the Contract for Our Services or postpone a valuation, cancellation fees will apply, and You will be responsible for paying Us the following fees:
(i) up to 7 (seven) days before the valuation appointment – up to 50% (fifty per cent) of the quoted fee; or
(ii) up to 48 (forty-eight) hours before the valuation appointment – up to 75% (seventy-five per cent) of the quoted fee; or
(iii) less than 24 (twenty-four) hours before the valuation appointment – up to 100% (one hundred per cent) of the quoted fee.
9. OUR RIGHTS TO END A CONTRACT
9.1 We may end a Contract for Our Services if You break it. We may end a Contract Our Services at any time in Writing if:
(i) You do not, within a reasonable time of Us requesting it, provide Us with information that is necessary for Us to provide the Services; or
(ii) We are not permitted access to Your property to perform the Services as arranged and are unable to contact You or arrange access to Your property despite Our reasonable efforts; or
(iii) You do not make any payment to Us when it is due and You still do not make payment within 5 (five) Business Days of Us reminding you that payment is due.
9.2 If We end the Contract in the situations set out in Clause 9.1 We will refund any fees You have paid in advance for Services that We have not provided, but We may deduct or charge reasonable compensation for the net costs, including any fees, charges or other costs, that We have incurred as a result of Your breaking the Contract which may be up to 100% (one hundred per cent) of the fee agreed in the Contract.
10. OUR RESPONSIBILITY FOR LOSS OR DAMAGE SUFFERED BY YOU
10.1 We shall not be under any liability for loss, damage or expense attributable to or caused by:
(i) Your wilful misconduct; or
(ii) Your failure to ensure that We can access and handle all Items to be valued safely; or
(iii) any circumstances beyond Our control as long as We take reasonable care and skill in handling the Items to be valued to reduce the risk of physical loss or damage.
10.2 If We are providing Services in Your property, We will make good any damage to Your property caused by Us while doing so. However, We are not responsible for the cost of repairing any pre-existing faults or damage to Your property that We discover while providing the Services.
10.3 We shall not be liable to You, whether in whether in Contract or breach of Contract, tort (including negligence), or any other cause whatsoever, for any loss of profit, loss of sales or business, loss of agreements or contracts, loss of anticipated savings, loss or corruption of software, data or information, loss of or damage to goodwill, or any indirect or consequential loss arising under or in connection with any Contract between You and Us.
10.4 Our total liability to You for losses arising out of, or in connection with, any Contract between You and Us for Our Services, whether in Contract or breach of Contract, tort (including negligence), or any other cause whatsoever, shall in no event exceed 100% (one hundred percent) of the fee paid by You for Our Services under the Contract. This Clause shall not exclude or limit our liability for actual fraud and shall not limit our liability for death or personal injury caused by Our negligence.
11. NOTICES
11.1 Any notice given under or in connection with these Conditions shall be in Writing and shall be:
11.1.1 delivered by pre-paid first-class post or other next working day delivery service to the recipient’s address as agreed; or
11.1.2 sent by email to the recipient’s email address as agreed.
11.2 Any notice shall be deemed to have been received:
11.2.1 if sent by pre-paid first-class post or other next working day delivery service, at 9:00 am on the second Business Day after posting or at the time recorded by the delivery service; or
11.2.2 if sent by email at 9:00 am on the next Business Day after transmission.
11.3 This Clause does not apply to the service of any proceedings or other documents in any legal action or, where applicable, any arbitration or other method of dispute resolution.
12. GENERAL
12.1 No waiver by Us of any breach of the Contract by You shall be considered as a waiver of any subsequent breach of the same or any other provision.
12.2 The Contract and any interest therein shall not be assignable by You.
12.3 Failure or delay by either You or Us in enforcing or partially enforcing any provision of the Contract shall not be construed as a waiver of its rights or remedies. No waiver in respect of any right or remedy shall operate as a waiver in respect of any other right or remedy.
12.3 If any provision of these Conditions is held by any competent authority to be invalid or unenforceable in whole or in part the validity of the other provisions of these Conditions and the remainder of the provision in question shall not be affected thereby.
12.4 The Contract shall be governed by the laws of England and the parties hereby submit to the non-exclusive jurisdiction of the English Courts.
13. HOW WE MAY USE YOUR PERSONAL INFORMATION
13.1 We will only use Your personal information as set out in Our Data Protection Policy & Privacy Notice which can be downloaded via the following link: https://www.typeandforme.com/index.php/data-protection-policy-data-privacy-notice/.
14. QUESTIONS OR COMPLAINTS ABOUT THE SERVICES
14.1 If You have any questions or complaints about Our Services, please contact Us using Our details as set out in Appendix A.
APPENDIX A: Contact Details
Type & Forme enquiries@typeandforme.com
Mark James at Type & Forme mark@typeandforme.com . 07933 597 798
Anke Timmermann at Type & Forme anke@typeandforme.com . 07513 104 628
Website www.typeandforme.com
Annex B: CANCELLATION FORM FOR VALUATION SERVICES
Download the form here.