This page specifies the current terms and conditions under which The Internet Fine Art Broker conducts its business and are deemed to supersede any previously entered into terms and conditions with any party.  All currently stated terms and conditions within this page are also subject to update or change without notification.  (Note, that any rates and statutory rights contained within contracts already entered into are not affected by this clause).

Terms & Conditions Draft Version 1, 01/10/2001

1. RATES

All current RATES are specified on their own individual pages within the Broker but are deemed to form part of these terms and conditions of business.

2. PAYMENT

2.1 General

The Broker acts as the sole agent for all sales or lease contracts, hosting and commissions and as such all payments must made through The Internet Fine Art Broker.  Payment is acceptable in any negotiable currency but ŁUK or $US are preferred.

2.2 Sales Contracts

Normally, all payments must clear  before any items can be dispatched.  Alternately, the Broker may agree terms for credit with any buyer but subject to normal discretion.  However, the property in any item shall not pass to the buyer until the purchase price has been paid in full.

2.3 Lease Contracts

Minimum of 6 months in advance before lease contract is actioned.

3. UK VAT

Subject to the recipient's status, UK VAT is applicable to all contracts and sales.  Where goods are to be exported from the UK or are located overseas UK VAT may be reclaimable.

4. DISPATCH OF GOODS

4.1 Sales

The Broker will package, insure and dispatch any item purchased directly from Brokerage stock but provides this service entirely at the buyers instruction and risk. The buyer also remains responsible for all costs associated with this service although appropriate estimates will  be provided. For sales made from third party locations the Broker will again arrange dispatch but emphasises that it has little quality control over this process and has such assumes no liabilities.

4.2 Lease Contracts

Delivery and installation of any lease package will represent an additional cost to any basic lease rate. 

5. INSURANCE

5.1 Lease Contracts

All items taken for lease must  be fully insured against fire, theft, loss or accidental damage.  This cost shall be born in full by the leaser.  If insurance is refused the Broker is under no obligation to honour any lease contract.

6. TRADING RESTRICTIONS

Because of the high value of  many of the lease items on offer through the Broker and subsequent import/export regulations, the Broker will currently only lease items across the UK and  Europe. However, the Broker currently operates no geographical restrictions on its sales trades or hosting contracts.

7. BROKER DESCRIPTIONS

Any representation made by the Broker regarding any item with regard to origin, location, date, age, size, medium, attribution, genuineness, provenance, condition or estimated value is a statement of opinion only.  Any illustrations are solely for guidance and are not intended to be relied upon in terms of true colour or tone.  In addition, although best efforts are made to record any material damage or defects or restorations the Broker again only provides such detail as guidance.  Also, any absence of such a reference does not imply that any item is free from defects.

Buyers must satisfy themselves as to the condition of any item prior to purchase.

8. WARRANTIES AND INDEMNITIES

Any seller warrants to the Broker and to any buyer that he has full and legal title to any item on offer and in addition shall warrant the Broker and Buyer against all claims made or proceedings brought by any third party who may be entitled to or purport to be entitled to any item.  For Broker owned items the Broker warrants to any buyer that it also carries such title.

Any seller also warrants that he has complied or shall comply in all respects with any applicable laws, regulations and requirements relating to any export or import of any item from or into any country or in its movement through an intermediary country.  Such warranty shall extend to the full payment of all taxes or duties and obtaining all licenses, permits or other authorisations necessary for such export, import or transit. 

Any seller shall reimburse the Broker in full and on demand for all payments, costs, expenses or any other loss or damage whatsoever made, incurred or suffered as a result of any breach of these warranties and indemnities.

9. DISCRETION

The Broker reserves total and absolute discretion with regard to;

a) the suitability or acceptance of any item as a Broker offering,

b) the description of any item,

c) the illustration of any item, and

d) the attributed value of any item on offer through the Broker.

The Broker also reserves the right to withdraw or refuse promotion of any item at any time if, in the Broker's sole judgement;

a) there is doubt as to its attribution or to its authenticity,

b) there is doubt as to the accuracy of the sellers representations or warranties, and

c) if any other just cause exists.

10. DISPUTES

The Broker reserves the right to arbitrate and settle any dispute between seller and buyer.

11. LAW

These conditions of business shall be governed by and construed in accordance with English Law.