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Terms of service
The basis on which we work — fees, what a valuation is and is not, confidentiality, and where responsibility sits.
These terms apply to cataloguing, valuation, identification, brokerage and purchase services provided by Heather & Co., a trading name of NZ Art Services Limited (NZBN 9429053585776). Anything agreed with you in writing for a specific job takes precedence over what is written here.
Engagement and fees
Work begins once you have accepted a written quote. Fees are fixed and quoted in advance — we do not charge a percentage of what your collection turns out to be worth, and our fee does not change with the valuation figure. Any GST is shown separately. Additional work outside the agreed scope is quoted separately before it starts.
Invoices are payable within 14 days unless we have agreed otherwise in writing.
What a valuation is, and is not
A valuation is a considered professional opinion of value on a stated date, for a stated purpose, prepared from the evidence available at the time.
- Every report states its basis of value — insurance replacement, fair market, forced sale, or probate. These produce different figures for the same object, and a figure quoted out of its stated basis is meaningless.
- A valuation is not a guarantee of sale price. Markets move, and what a buyer pays on the day is a separate question.
- A valuation is not a certificate of authenticity or title unless the report expressly says so. Where authorship or attribution is uncertain we say so plainly rather than resolving it in your favour.
- Reports are prepared for the named client and the stated purpose. Others cannot rely on them without our written agreement.
Your responsibilities
We rely on what you tell us. You confirm that you own the items or are authorised to instruct us about them, and that the information you give us — provenance, purchase records, prior restoration, previous valuations — is accurate and complete as far as you know. If something material is withheld, the opinion may be wrong and we cannot be responsible for that.
Care of your items
Wherever possible we work on site so nothing has to leave your control. Where we do take custody of items, we handle them with appropriate care, but items remain at your risk and under your insurance unless we have agreed something different in writing. Please tell us before work starts if anything is fragile, treated, or previously damaged.
Confidentiality
We treat your collection, its contents and its value as confidential. We will not identify you or your holdings publicly, and we will not use photographs of your items in our own material without your permission. See the privacy policy for how we handle personal information.
Buying and brokerage
Where we buy items directly, the price offered is our own market assessment and you are free to decline it or seek other offers. Where we broker a sale, the terms — including any commission — are agreed in writing before the item is offered. We tell you which capacity we are acting in on any given item, because it matters.
Reports, photographs and copyright
Copyright in our written reports, catalogue entries and photographs stays with us. You have an unrestricted licence to use them for the purpose they were commissioned for — insuring, administering an estate, selling, or your own records — including sharing them with your insurer, solicitor, accountant or executor. Republishing them commercially needs our permission.
Cancellation
You can cancel before work begins at no charge. Once work has started, we invoice for what has been done to that point. If we have to cancel — a conflict of interest, or work that falls outside our competence — we will tell you promptly, refund anything paid for work not done, and where we can, point you to someone better placed to help.
Liability
Nothing in these terms limits your rights under the Consumer Guarantees Act 1993 or the Fair Trading Act 1986 where you are dealing with us as a consumer. Where you engage us for business purposes, the Consumer Guarantees Act does not apply.
Subject to that, our liability for any claim connected with our services is limited to the fee paid for the work in question, and we are not liable for indirect or consequential loss. We are not responsible for decisions made on a report used for a purpose other than the one it states, or after the market has moved on from its valuation date.
Governing law
These terms are governed by New Zealand law, and the New Zealand courts have jurisdiction over any dispute. If something goes wrong, please raise it with us directly first — most things are resolvable in a conversation.
Contact
Heather & Co. · Auckland, New Zealand
artservices.nz@gmail.com · 027 489 7801