Terms & Conditions
Terms and Conditions of Contract
1. Hannah or Artist Means: Miss Hannah Garnham, Colchester, Essex, UK, who will produce the work.
2. Client Means: The person(s), company or organisation responsible for the inquiry, commission and payment.
3. Commission or Work Means: A single portrait, picture or other work concerning a quotation on form Q:1 which has been given to the client and accepted as a commission by Hannah.
3.1. When more than one work is requested every one will be treated as a single commission as far as these terms and conditions are concerned.
4. Q:1 Means: The form used to provide the client with an estimated cost for the work requested. It will also specify the desired content, physical size and other details relating to the commission request.
5. Extra Costs Means: Hannah’s time; materials; additional preliminary drawings; specially bought materials directly related to a commission; research; travel; transporting the work; packaging; posting; carriage; photography; hire charges; subsistence; hired help; services specifically ordered for a commission that cannot be cancelled without cost; storage charges or any other costs incurred over-and-above the original quotation. This list is not exhaustive, other unavoidable Extra Cost situations may occur. Please refer to Clauses 18.2, 18.3.
5.1. Extra Costs will result in an invoice unless waived at Hannah’s discretion. These invoices are in addition to the quoted cost.
6. C:1 Means: The contract, definitions, terms and conditions (this document).
7. Hannah accepts no liability Means: Hannah will not be liable for; any client: costs, loss, damage, inconvenience, extended completion date or any delays from the client or herself. No liability for damage resulting from poor storage, display or any other damage which the client may cause to the work before or after it has left Hannah’s safe keeping. Please read this document fully for explanations where Hannah accepts no liability.
8. Requests for a commission will initiate a quotation (Q:1) free of charge, except see clause 8.10.
8.1. Discussions relating to a potential commission are free of charge if the client and Hannah meet within the Colchester or Ipswich town boundary. Otherwise, Extra Costs may arise or Hannah may waive them at her discretion.
8.2. If required, up to three pre-commission outline sketches and three photographs may be provided by Hannah to establish the desired content and layout of the final work; all free of charge.
8.3. Each quotation for a commission will be for one work.
8.4. The initial and progress sittings can be at the client’s selected place. Extra Costs may be applicable if this place incurs transport, subsistence and other costs unless waived at Hannah’s discretion.
8.5. Commissions for groups, conversation pieces and other more complex subjects may require more involvement from the client because of additional sittings and meetings.
8.6. The quote Q:1 will clearly state the work Hannah is expecting to provide. If the client or Hannah does not agree or wants to change anything a new quotation will be produced, free of charge. The required completion date may now be extended.
8.7. The client and Hannah will each hold a copy of the quotation (Q:1). To accept a quotation leading to a commission, both copies must be signed by both parties. Work cannot begin until Q:1 is signed, dated and the deposit payment is made. At this point, the client will be deemed to have read and accepted the quotation and the attached form C1 terms of business. Clause 9 to 9.4 or 10 to 10.4 will be implemented.
8.8. There may be a waiting list. All new commissions will be placed at the end of the list.
8.9. Commissions may be undertaken directly from photographs of reasonable quality.
8.10. Hannah will travel within the UK. In this case, the quotation will not be free of charge. Extra Costs will apply.
8.11. Unless requested otherwise, oils on canvas will be used for all work.
9. Commission up to and including £500.00
9.1. Before work starts a deposit of 50% of the full value of the quotation is required. Please refer to clauses 13, 13.1, 15.1, 15.2.
9.2. The balance to be paid in two installments:
9.3. At the 50% completion stage, 50% of the balance is to be paid plus any Extra Costs.
9.4. At the 100% completion stage, the final payment of the balance is due. Please refer to clauses 18.2, 18.3.
10. Commissions exceeding £501.00
10.1.Before work starts a deposit of 25% of the full value of the quotation is required. Please refr to clauses 13, 13.1, 15.1, 15.2.
10.2. 50% of the balance will be due at Hannah’s estimate of 50% of the finished work.
10.3. 75% of the balance will be due at Hannah’s estimate of 75% of the finished work.
10.4. 100% of the balance will be due at the completion of the commission. Please refer to clauses 18.2, 18.3.
11. If at any stage the client and Hannah cannot agree on:
11.1. The value of a stage payment.
11.2. The point at which a stage payment should occur.
11.3. The commission content.
11.4. Portrait subject likeness.
11.5. Any other issue concerning the quoted work. At this point, all work on the commission will stop. Hannah and the client will discuss amicably the points of issue and try to resolve them. If agreement cannot be reached Hannah reserves the right to seek payment to date by legal means. Hannah will now cease all work on this commission. All payments received by Hannah up to and including this date will remain hers (no refund). The client will be released from the contract. Hannah accepts no liability and retains the part-finished portrait.
12. If the deposit and the 25%, 50% and 75% stages and extra cost invoices have been agreed and payments properly made and accepted by Hannah, however the final payment and or any remaining Extra Costs are not paid, Hannah keeps the painting until perpetuity with no refund of any money paid to date.
13. If Hannah is unable to start at an agreed date, or start at all, the client is entitled to a full refund of all monies paid to the day Hannah declares herself unable to complete the work. The part-finished work will remain with Hannah until perpetuity. Hannah accepts no liability.
14. Should the work not start or finish on an agreed date because of client holdup or failure to agree on any aspect of the commission, Hannah accepts no liability.
15. If a client requests changes to a commission the following will apply:
15.1. If the client cancels the commission in writing before the work has started and provided Hannah has not incurred any Extra Costs at the date the cancellation is received the client will receive a full refund of all money paid to that date. No interest will be paid.
15.2. If the client wishes to make changes to a commission before it has started and Hannah has not incurred Extra Costs, a new quotation free of charge will be issued. The required completion date may be extended. Hannah accepts no liability.
15.3. If the commission has started and the changes are minor and can be accommodated without incurring Hannah with unacceptable Extra Costs, it is Hannah’s prerogative to accept this or not at no extra cost to the client.
15.4. If the client wishes to make changes and or additions o a commission after it has started irrespective of whether £500.00 is exceeded, these changes will be treated as Extra Costs and will be invoiced based upon the additional time and materials incurred.
15.5. If changes require painting over work that has previously been agreed and completed, this must be paid for to date including Extra Costs, before attempting to make further changes. Work will pause until payment is made. Hannah accepts no liability.
15.6. All changes or alterations (other than clause 15.2 above) requested by the client to a commission in progress will be subject to a separate quotation using quotation form Q:1. This will clearly describe Hannah’s understanding of the extra work required. This may extend the completion date. Hannah accepts no liability.
15.7. When changes have been incorporated into the portrait to the satisfaction of the client, these will be treated as Extra Costs. This may add extra time to the completion date. Hannah accepts no liability.
15.8. If as a result of the changes requested, the painting has to be scrapped and restarted the client would be required to pay for all work done up to that date. Hannah would charge accounting for time, materials and any Extra Costs. Hannah accepts no liability due to the client making so many changes as to render the original portrait unworkable. A new quotation and completion date will be prepared to include all of the changes now required by the client. This may add extra cost and extend the original completion date.
16. If the client wishes to end a commission during its progress the following will apply:
16.1.This must be done only in writing directly to Hannah.
16.2. If the client stops work on a commission, even if one or more stage payments have successfully been made and accepted; more work has been completed; it may be very close to the next stage payment when a considerable amount more work may have been completed, Hannah will estimate the total costs since the last payment and invoice the client for the balance due plus any Extra Costs. Hannah accepts o liability. The uncompleted work will remain with Hannah until perpetuity.
17. Visits to Hannah to view a portrait in progress can be made by arrangement at the clients cost.
17.1. If the client is unable for any reason to view the portrait progress for stage payment purposes the following solutions are available:
17.2. The client may overcome this obstacle by their own method and cost. The portrait will only be allowed out of Hannah’s personal safe keeping upon receipt of cleared funds to the full value of the quotation. These would be refunded (less, if applicable, any Extra Costs or stage payments due) upon the safe return to Hannah of the commission in its original condition.
17.3. If the portrait is a small size Hannah will transport the work to the client herself, within the Colchester or Ipswich Town boundary at the client’s cost.
17.4. Hannah will arrange the portrait delivery (and return to Hannah) to the client for approval at the client’s cost. Hannah will arrange the insurance at the client’s cost to ensure its value is met along with conditions relating to the work and its transport. The portrait will only be allowed out of Hannah’s personal safe keeping upon receipt of cleared funds to the full value of the quotation.These would be refunded (less, transport, insurance and packaging costs, and if applicable, any Extra Costs and stage payments due) upon the safe return of the commission in its original condition to Hannah.
17.5.If the work is large, awkward, heavy and/or requires additional people to move it then other arrangements to transport it may have to be made. This will be subject to Extra Costs.
17.6. The client can elect to view the portraits progress or modification by means of photograph(s) taken by Hannah and emailed or posted to them. The receipt of the stage payment will be deemed to be their acceptance of the portraits progress. Work will pause until these funds are received.
17.7. If for any reason it is not possible to transport or move the work during or after its finished and paid for and the client is unable to do so. Hannah can help no further.
17.8. Failing all of the above, work will stop and storage cots will be incurred at the client’s expense.
18. All prices are shown in Pounds Sterling (GBP).
18.1. Cleared funds are necessary for all deposits, Extra Cost invoices and stage payments before a commission can begin or continue.
18.2. Extra Costs invoices will where possible, be itemised and costed to clarify their contents. These items will be at the actual costings to Hannah (nothing added). Where possible, copies of receipts will be included. Hannah’s time will be charged at her current rate per day or part thereof and must be paid during the current stage payment period and not later than the due date of the next or final stage payment. Failure to observe this will result in all progress on the commission being paused until cleared funds are received. Hannah is not liable for delays which may occur because of late payment.
18.3. At the 100% completion stage all invoices together with the remaining balance must be paid with cleared funds before the work will be handed over to the client or their agent.
19. Hannah is not registered for VAT, therefore it will not be added to any quotations.
20. All commissions are provided unframed. Hannah would be pleased to arrange for a professional to frame the commission after the client chooses the frame style. Hannah will invoice framing as Extra Costs. Hannah accepts no liability for damage or delays by the framer.
21. Hannah will own the copyright and the right to show the piece in her portfolio, and will retain photographs/ computer files/ pictures of it for use in exhibits, competitions and her website. Hannah agrees to maintain the the anonymity of the subject. However if the client expressly forbids the display of a commissioned portrait by any mean, Hannah will abide by the clients wishes.
21.1. Purchase of a copyrighted portrait or work does not transfer the copyright or reproduction rights, which remain with Hannah. The copyright to reproduce or transmit by any means the works in copies, whether commissioned, part-finished or finished, to produce derivative work based on the copyrighted image, and distribution of copies is retained by Hannah. Any transfer of this copyright must be in writing expressly identifying what rights are being sold and for what purpose.
21.2. Works of art cannot be modified without the permission of Hannah. Works cannot be distributed, mutilated or modified in any way that would prejudice the reputation of Hannah.
22. Hannah would normally wait until the oils are touch dry before handing over the completed portrait. This can take a considerable amount of time. However, at the client’s risk completed work may be allowed to dry in the client’s care. Hannah is not liable for an damage. The final payment will be deemed that the portrait has left Hannah in good condition.
22.1. Oils will be used unless the client requests otherwise.
Charcoals and Pastels
23. Original charcoal and pastel drawings created by Hannah are not to have fixative or sealers applied for they can modify and distort the work. Works should be framed in a manner to prevent the medium form contacting the protective glass (i.e. using spacers). If not framed in this manner the work can be destroyed. Using a professional framer will assure that the work is framed correctly.
Miss Hannah Garnham, Portrait Artist. Form C:1. Copyright Miss Hannah Garnham 2012.