Terms and Conditions
These terms and conditions apply to your use of our website and to all art works and other products and services (“Works”) sodistributed or offered by Arts Universal Limited (“AUL”). By accessing the website, or using the services of the AUL website including purchasing, ordering or commissioning any Works from AUL, you agree to be bound by these terms.
AUL reserves the right to change these terms without notice.
All orders for Works are accepted by AUL subject to availability and to prices ruling at time of purchase. Any changes to advertiprices will be confirmed with the purchaser prior to acceptance of the order.
Purchase Price, Deposit and Payment
All prices are in New Zealand dollars and exclusive of New Zealand goods and services tax unless indicated otherwise.
AUL reserves the right to withdraw any Works from sale or vary any advertised price without notice at any time prior to the Works bepurchased or offered
A deposit of 50% the total price (inclusive of GST) is payable for any commissioned Works prior to commencement.
Payment is required in full prior to collection or delivery of any Works.
Installation of purchased Works shall be the responsibility and cost of the purchaser.
Any transportation and installation, and any export and importation duties or taxes applicable to any Works to be delivered outside Zealand, shall be arranged and paid for by the purchaser.
AUL will comply with its statutory obligations relating to any defective goods purchased but please choose carefully as refunds exchanges are not available if you change your mind regarding the Works.
Delivery, Risk and Ownership
Risk of any loss or damage to the Works passes to the purchaser on collection or delivery from AUL.
AUL will not be liable to you for any loss or damage arising during transportation of any Works or from any delay in delivery.
Title in the Works will not pass to the purchaser until such works have been paid for in full.
The Works will be at the purchaser’s risk immediately on collection by or on behalf of the purchaser or into the purchaser’s custowhichever is sooner) and the purchaser is responsible for insuring the Works from this time even though title in the Works may not have passed to the purchaser.
Until title in the Works passes to the purchaser, the purchaser acknowledges that it holds the Works or any products which incorporthe Works solely as bailee and in a fiduciary capacity.
In the event that Works or any products which incorporate the Works sold by the purchaser include goods in respect of which title has passed to the purchaser, the proceeds of the sale of such goods (or the proportion of the proceeds of the sale of any such mixed products as most closely equates to the proportion of the content of the goods in the mixed products) will belong to AUL, and the purchaser, in its capacity as trustee of such proceeds, shall account for such proceeds to AUL on demand and in no circumstances later than the relevant due date. Pending this accounting such proceeds must not be mingled with any other moneys or paid into any overdrawn bank account and shall be held by the purchaser in a separate bank account on behalf of AUL.
If the purchaser makes default in payment or becomes insolvent, bankrupt, calls a meeting of creditors or goes into liquidativoluntary or otherwise), AUL reserves the right to enter, and the purchaser irrevocably consents to AUL entering, by its servants or duly authorised agents, on to the purchaser’s premises or on to any premises where the goods are reasonably thought to be stored, without responsibility for any damage caused, and repossess and subsequently resell the Works.
Interest shall be payable on any amount which remains unpaid after the due date for payment at the rate of 20% per annum.
AUL’s legal and other costs of pursuing and recovering any amount due and owing pursuant to these terms shall be payable by Purchaser, including but not limited to legal costs on a solicitor to client basis.
All Works displayed by AUL at exhibitions is subject to these terms and conditions.
Photography, videography and recording of Works provided by AUL at any exhibition is not permitted without prior written consent excfor purposes of private study or research. Images produced for such study or research may not be reproduced, sold or made publicly available.
AUL reserves the right to withdraw any Works from exhibitions without prior notice.
Works made available for purposes of exhibitions shall be kept fully insured by the exhibitor.
Consultancy and Commissioned Works
AUL can provide consultancy services and commissioned Works upon request. Please contact AUL with your requirements to obtain an estimof costs.
Payment by instalments during creation of the Works, in addition to the initial deposit may also be required for commissioned Works.
All copyright in commissioned Works is retained by the artist or AUL, as the case may be, and not assigned to the person commissionsuch Works unless otherwise agreed in writing.
All copyright and other intellectual property rights in any Works, including original works and any reproductions or copies in any foshall be retained by AUL as the case may be and is not assigned to any purchaser unless specifically agreed otherwise in writing. No part of this website or the Works may be distributed or copied for any commercial purpose, nor incorporated in any other work or publication whether in hard copy, electronic or any other form without prior written consent of AUL.
All Works and other content appearing on the website is the property of AUL or its contributing artists, and is protected by New Zealand international copyright laws.
Every effort has been made to ensure that images on this website accurately represent the Works shown but, due to variations in devifor viewing such images, (such as display colours) these should be treated as indicative only and it is recommended that you contact AUL to arrange to view the Works prior to purchasing.
AUL attempts to be as accurate as possible in its descriptions of Works. However, AUL does not warrant that the descriptions or other content contained on the Website are accurate, complete, reliable, current or error-free.
Warranty and Limitation of Liability
Except as provided in the New Zealand Consumer Guarantees Act 1993, any applicable international and local consumer laws, AUL makesrepresentation, condition, warranty or promise, express or implied, in respect of Works supplied by AUL.
AUL’s maximum liability (if any) shall be limited to the value of any faulty or defective work, products or services supplied, and and its employees, contractors, agents, suppliers or manufacturers will not be liable to you for loss or damage of any kind.
Where you purchase or commission Art Work for a particular purpose, it is the purchasers sole responsibility to ensure that such wwill be suitable for such purpose, and AUL shall, to the extent permitted by law, have no liability whatsoever in the event that the products are not suitable for the intended purpose.
You agree that where products are supplied to you for business purposes in terms of sections 2 and 43 of the New Zealand ConsuGuarantees Act 1993, the provisions of the New Zealand Consumer Guarantees Act 1993 do not apply.
Information provided to AUL will be used only for the purposes for which it was provided and will such information will not be discloto third parties without the consent of the provider of such information.
Notwithstanding any other provision of these terms AUL shall be entitled to use any information it receives to ascertain the creworthiness of any potential purchaser and is entitled to disclose such information for such purpose to third parties.
Disputes, Governing Law and Jurisdiction
These Terms and any disputes relating to the Website, its use or to Works or other products and services sold or distributed by AUL wbe governed by the law of New Zealand, and the parties submit to the exclusive jurisdiction and venue of the courts of New Zealand.
The Terms record the entire understanding and agreement relating to the matters dealt with in the Terms. The Terms supersede previous understandings or agreements (whether written, oral or both).
AUL reserves the right to amend these terms from time to time without notice. By continuing your access to or your use of the Websipurchasing products or acquiring services from AUL after such amendment, you are deemed to have agreed to the amended terms.
No failure by AUL to enforce any of the provisions of these terms shall be deemed to be a waiver of any of the rights or obligationshas under these terms.
If any provision of these terms is declared or adjudged to be invalid, void or unenforceable, such provision shall be severable deemed deleted from the Terms and shall not affect the validity, existence, legality or enforceability of the remaining provisions subject to any modifications made necessary by the deletion of the invalid or unenforceable provision.