Museum Terms & Conditions

The Jensen Museum

Museum Terms & Conditions

 

OVERVIEW

 

The Jensen Museum Terms & Conditions [T&C] are the basis by which The Museum conducts its day-to-day activities. The T&C include our obligations, responsibilities, quality standards and expectations. They are updated regularly without prior notice or reason, and presented online for your convenience.

In the event you do not understand  our T&Cs and require further information and/or explanation, please contact The Museum before making purchases, enlisting our services and/or accessing The Jensen Museum website further.

This document, together with other documents the pages refer to, confirm the Terms & Conditions which govern the sale and purchase of Goods and Services from The Museum. By accessing The Museum Web site and purchasing Goods and/or Services from The Museum, you agree to be bound by these terms.

 

1. DEFINITION OF TERMS

Accreditations the act of granting credit or recognition, especially to an educational institution that maintains suitable standards.

Address: the postal address confirmed in writing by the buyer for the delivery of the Good where Goods are purchased from The Museum and/or The Museum registered address;

Agent: The Jensen Museum representing  Goods for sale on behalf of The Seller.

Agreement: the Agreement for the sale of the Goods set out on the Invoice;

Artefacts [or]Goods, [or] Properties: any item(s) including vehicles and vehicle parts, offered for sale -, sold – or appraised by The Jensen Museum

Buyer: the organisation[s] or individual(s) named  on the Invoice purchasing Goods[s] or services from The Jensen Museum

Currency: Pounds Sterling unless stated otherwise.

Delivery: when the Goods or Work is received by the Buyer/Buyer’s agent/representative.

Deposit: The sum paid by the Buyer to The Museum to reserve Goods for sale conditional to [1] the balance of payment is paid within an agreed term, [2] the deposit is non-refundable [3] the deposit sum will be on or around 20% of the sale price, [4] where the term of payment is breached the deposit may be forfeited and the Goods re-listed for sale at any price.

Financial Services Authority:  The Jensen Museum is not a member of- and is not regulated by the Financial Services Authority. Any information expressed by The Museum relating to the value of Goods including vehicles and vehicle parts is an expression of opinion only and not to be relied upon.

Fit-for-purpose: The condition of  Goods in context of the use for which they were originally intended. Where goods including vehicles and vehicle parts  are made pre-2010 and/or may have been pre-owned, they are  offered for sale and purchased as historic artefacts only and are unlikely to be fit-for-the purpose for which they may have originally intended.  By way of example where Goods claim inherent properties such as ‘Waterproof’ and/or offer protection or precision by mechanical or other means, these properties are not guaranteed and the artefact is purchased on the understanding the artefact is an historic item only.

Genuine, authentic ,original: These terms are an expression of opinion only. They do not represent fact and do not constitute a Guarantee or Warranty. Where these terms are expressed  by The Museum in any form of communication including formal documents,  the terms are an expression of opinion only.

Invoice: the sales invoice confirming the total price to pay within a given term and by a given method, for example bank transfer

Invoice Address: the address which the Buyer has requested on the Invoice and used in all postal correspondence between The Jensen Museum and the Buyer

Local Taxes: local import taxes and duties, and local sales and use taxes, including VAT where applicable;

Price: the Invoice price of the Goods;

Services: Services offered by The Museum including the provision of information relating to best practice for vehicle conservation, research, loans and licensing

Sponsors: An individual or Organisation who pays an agreed Sum to support The Museum in return for Advertising on The Museum website for an agreed term.

Terms: the terms & conditions of sale in this document which include any special terms agreed in writing between the Buyer and Seller or between The Museum in its capacity as Agent representing The Seller.

VAT: United Kingdom Value Added Tax at current rate where applicable.

Warranty [or] Guarantee: Opinions expressed by The Museum are opinions only and do not constitute a Warranty of Guarantee. Goods including vehicles , vehicle parts and timepieces are purchased from The Museum ‘as is’ and without warranty or Guarantee.

 

2. BASIS OF PURCHASE | BUYING GOODS FROM THE MUSEUM

2.1 The Terms shall govern the Agreement to the exclusion of any other terms and representations communicated to the Buyer prior to entering into a Sale Agreement and to the Buyer’s own conditions (if any) and constitute the entire agreement and understanding of the parties in relation to the sale of the Goods.

2.2 Delivery of the Goods will be made following receipt by The Museum of the agreed Price in cleared funds. Unless otherwise confirmed in writing the Buyer is responsible for all delivery and in transit insurance costs associated with the Goods.

2.3 The Museum reserves the right to request  documents to confirm proof of Buyer identity.

2.4 Where payment for Goods is made by someone other than Buyer (Third Party Payer) The  Museum, or The Museum’s client may require documents to confirm the identity of the Third Party Payer and the relationship between Buyer and Third Party Payer. The Seller may decline payments from Third Party Payers.

 

3. RISK TITLE & INSURANCE

3.1 The Museum shall arrange for the delivery of the Goods to the Address confirmed by the Buyer. Dates quoted for Delivery are approximate and The Jensen Museum shall not be liable for delay. While The Museum will endeavour to process orders in a timely manner, time of Delivery shall not be of the essence. The Buyer is responsible for providing The Museum with necessary information and documentation to enable timely Delivery.

3.2 Notwithstanding Delivery and passing of risk, title in the Goods shall not pass to the Buyer until The Museum;

(1) receives in cleared funds the Price and any other amount owed by the Buyer in connection with the sale of the Goods; and –

(2) is satisfied as to the identity of the Buyer and any Third Party Payer and its relationship to the Buyer.

3.3 If the Buyer fails to accept delivery of the Goods at the Address within the anticipated delivery time or thereabouts, or fails to provide a correct address for the delivery of the Goods

(1) The Museum may charge the Buyer for the reasonable costs of storage, insurance and re-delivery;

(2) risk in the Goods shall immediately pass to Buyer; and

(3) The Museum is irrevocably authorised by the Buyer to deposit the Goods at the Address, or arrange for the Goods to be returned to The Museum receiving address for parcels if Delivery has not occurred within two weeks from the date the Goods were dispatched.

3.4 The Museum is not responsible for any deterioration of the Goods, howsoever occasioned, after risk in the Goods has passed to the Buyer.

3.5 Unless agreed in writing between the parties, the Buyer is responsible for Goods intransit..

3.6 The Museum may – but is not obliged  to provide guidance to the buyer in consideration of purchasing in-transit insurance.

3.6.1.1 Where The Museum may enlist Intransit insurance services on behalf of the Buyer The Museum acts in good faith only and is not liable for any risk.

 

4. PAYMENT & PRICING

4.1 The Museum trading currency is Pounds Sterling. Payments for Goods & Services must be made to The Museum in Sterling only.

4.1.1 Exchange rate and/or currency conversion facilities provided by The Museum are for guidance only.

4.1.2 The sum credited to The Museum beneficiary account must not be less than the Sterling sum on the invoice.

4.1.3 Where the sum credited to The Museum beneficiary account is incorrect The Museum reserves the right to charge a  fee for each incorrect transaction.

4.1.4 Goods listed for sale on The Museum website and by any other means are  ex-shipping and ex in-transit insurance.

4.1.5 Payment shall be deemed ‘received’ by The Museum, when The Museum is in receipt of cleared funds.

4.2 Orders are dispatched 3 working days thereabouts following receipt of cleared funds.

4.2.1 The buyer is responsible for paying any fees which may be incurred through payments made by bank transfer, card or other methods of payment.

4.3 Until full title to the Goods has passed, the Buyer shall not sell, export, dispose, or part with possession of the Goods.

4.4.1Until full title to the Goods has passed, the Buyer shall hold the Goods unencumbered as Seller’s fiduciary agent and bailee and shall:

(1) keep the Goods at the Buyer’s premises separate from the property of Buyer and third parties and identified as Seller’s property and properly stored with adequate security measures;

(2) keep the Goods comprehensively insured for not less than the Price, have the Seller’s interest noted on the policy and provide a copy of such notification to the Seller; and

(3) preserve the Work in an unaltered state, in particular not undertake any work whatsoever and shall take all reasonable steps to prevent any damage to or deterioration of the Work.

4.5 Until such time as full title to the Work has passed, if the Buyer is in breach of Payment & Pricing clauses and, or ;

(1) the Buyer (if it is more than one person, jointly and/or severally) shall enter into, and/or itself apply for, and/or call meetings of members and/or partners and/or creditors with a view to, one or more of a moratorium, interim order, administration, liquidation (of any kind, including provisional), bankruptcy (including appointment of an interim receiver), or composition and/or arrangement (whether under deed or otherwise) with creditors, and/or have any of its property subjected to one or more of appointment of a receiver (of any kind), enforcement of security, distress, or execution of a judgment (to include similar events under the laws of other countries);or

(2) the Seller reasonably apprehends that any of the events mentioned above is about to occur in relation to the Buyer and notifies the Buyer accordingly; or

(3) Buyer does anything which may adversely affect the Seller’s title in the Work

then The Museum as The Seller or Agent for The Seller may immediately repossess the Work and/or void the sale with or without notice and the Buyer will return the Work to the Seller’s nominated address (at the Buyer’s sole risk and cost), or, at the Seller’s option.

 

5. CONSIGNMENT SALES*

5.1Where The Jensen Museum acts as the Agent on behalf of the Seller The  Museum will provide the Seller with a Consignment Sales Contract.

*Please contact The Museum for more information and/or  a draft Consignment Contract.

5.1.1 Notwithstanding anything in this Agreement to the contrary, The Museum [or the Seller where The Museum acts as the Agent] shall not be liable to the Buyer for any loss of profits, loss of revenue, goodwill or for any indirect or consequential loss arising out of or in connection with this Agreement, whenever the same may arise, and The Museum or the Seller’s total and cumulative liability for losses whether for breach of contract, tort or otherwise and including liability for negligence (except in relation to (i) death or personal injury caused by the Seller’s negligence or (ii) fraud or fraudulent misrepresentation by the Seller) shall in no event exceed the Price.

 

6 OPINION

6.1 Documents issued by The Jensen Museum and/or representations made by the Seller as to the authenticity, attribution, description, date, age, provenance, title or condition of the Goods constitute The Jensen Museum’s opinion only [or the Seller’s opinion where The Jensen Museum acts as the Agent] and are not warranted by The Museum or the Seller. The Museum or the Seller will not be liable, as a result of any changes in expert opinion or scholarship which may take place subsequent to entry into a Contract of Sale.

 

7.REFUND POLICY & PROCEDURE*

7.1 The Jensen Museum’s14-day Refund Policy is fully compliant with current legislation.

7.2 The 14-day Refund Policy does not apply to the purchase of vehicles from The Museum and/or from The Seller where The Museum acts as Agent.  Before entering into a [vehicle] contract of sale, please contact The Museum.

 

*Please contact The Museum or refer to our Refund Policy for more information.

 

8. INTELLECTUAL PROPERTY & COPYRIGHT*

8.1 All copyright in material relating to the Goods Vesting in The Museum, shall remain The Jensen Museum. The Museum reserves the right to exploit such copyright, following the sale of the Goods. Where The Museum acts as The Agent (consignment sales) between Seller and Buyer all copyright in material relating to the Goods (for example photographs taken for on-line promotional purposes) shall remain with The Museum following the sale of the Goods.

*Please Refer to our Intellectual Property Rights [IPR] Policy for more information.

8.2. In the event we may appear to have breached your copyright and/or the copyright of others please contact us immediately.

 

9. EXPORT AND LOCAL TAXES

9.1 Unless stated otherwise on the Order Acknowledgement/Confirmation and/or Invoice, the Buyer shall be responsible for complying with – and paying for – all Local Taxes and custom charges as may be applied.

 

10. GENERAL

10.1The Buyer shall not be entitled to the benefit of any set-off and sums payable to the Seller shall be paid without any deduction whatsoever. In the event of non-payment, the Seller shall be entitled to obtain and enforce judgment without determination of any cross claim by the Buyer.

10.2 Both parties agree that in entering into the Agreement neither party relies on, nor has any remedy in respect of, any statement, representation or warranty, negligently or innocently made to any person (whether party to this Agreement or not) other than as set out in the Agreement as a warranty. The only remedy for breach of any warranty shall be for breach of contract under the Agreement. Nothing in the Agreement shall operate to limit or exclude any liability for fraud.

10.3 The benefit of the Agreement and the rights thereunder shall not be assignable by the Buyer. The Seller may sub-contract its obligations.

10.4 Any notice in connection with the Agreement shall be in writing and shall be delivered by post to The Museum’s registered office [35 Sandford Avenue, Church Stretton, Shropshire, SY6 6BH] at the time of posting [or to the Buyer’s Invoice Address], and deemed delivered on the third day after posting.

10.5 In the case of a consumer contract within the meaning of the Unfair Contract Terms Act 1977, these conditions shall not apply to the extent that they would be rendered void or unenforceable by virtue of the provisions thereof.

10.6 No amendment, modification, waiver of or variation to the Invoice or the Agreement shall be binding unless agreed in writing and signed by an authorised representative of the Buyer and the Seller.

10.7 Neither The Museum or the Buyer intends the terms of the Agreement to be enforceable by a third party pursuant to the Contracts (Rights of Third Parties) Act 1999.

10.8 The Agreement and all rights and obligations of The Museum and the Buyer under it shall be governed by English Law in every particular and, subject always to the prior application of the arbitration provisions set out in clause 10 both parties agree to submit to the exclusive jurisdiction of the English Courts.

 

11. ARBITRATION

11.1 All claims and disputes relating to, or in connection with, the Agreement are to be referred to a single arbitrator in Shropshire, England, pursuant to the Arbitration Act 1996.

Where  the parties cannot agree upon an arbitrator either party may apply to the President of the Law Society of England and Wales for the time being to appoint as arbitrator a Queen’s Counsel of not less than 5 years standing. The arbitrator decision shall be final and binding.

11.2 Save that the Buyer acknowledges the Seller’s right to seek, and the power of the High Court to grant interim relief, no action shall be brought in relation to any claim or dispute until the arbitrator has conducted an arbitration and made his award.

 

The Jensen Museum

Museum Terms & Conditions

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