IMPORTANT LEGAL NOTICE: CONDITIONS OF BUSINESS
ATTENTION: THE CONDITIONS OF BUSINESS SHALL CONSTITUTE AN AGREEMENT FOR A SUPPLY OF APPRAISAL OR VALUATION SERVICES (THE “AGREEMENT) BY Prestige Estate Services (PES) AND YOU (THE “CLIENT”).
YOU SHOULD READ THE TERMS SET OUT BELOW CAREFULLY AS THEY WILL FORM PART OF A LEGALLY BINDING CONTRACT YOU WILL BE ENTERING INTO IF YOU CHOOSE TO HAVE YOUR OBJECT VALUED BY PES.
1. INTRODUCTION
By submitting photographs of the object to be valued and any related information, the Client: accepts the condition of business as set out here: and grants PES a world-wide non-exclusive, perpetual, royalty-free license on all the material provided. PES reserves the right to refuse to provide a valuation.
2. THE AGREEMENT
The agreement shall consist of the Conditions of Business. No other documentation, correspondence or any other form of communication shall form any part of the Agreement unless both parties so agree in writing.
The agreement shall only be entered into and come into effect once PES has accepted to make a valuation of the object and the Client has paid the price subject to PES’s right to withdraw its services in accordance with the terms hereof.
3. VALUATION SERVICES
Under the agreement, PES shall provide a valuation service regarding the photograph of an object submitted by the Client. This service consists of giving an electronic estimate of the value of the object submitted (high and low estimate) which in PES’s opinion could be achieved if the object were to be sold without acknowledgements set out below (The “Valuation”) at the time the Valuation is given.
The valuation does not take into account any sale expenses, commissions, and taxes which might apply or become due on a sale or transport of the object.
Unless otherwise stated in writing, the Valuation is based upon a preliminary inspection of the photograph of the item submitted and without any physical inspection, cleaning, restoration, detailed inspection or disassembly and without any research into the item’s background or further test and analysis.
The Valuation is a statement of opinion and not fact. This valuation is for personal use, it cannot be used for any other purpose including but not limited to insurance, tax purposes, resale quotes, etc.
PES aims to provide the Valuation with 72 business hours after the Client has submitted his request provided you have submitted all relevant details and information at the start of the 72 hours. If this period of 72 business hours is exceeded, the Client shall not be entitled to a refund.
4. THE VALUATION
PES gives no representation, warranty, guarantee in the Valuation in respect of an object’s origin, provenance, attribution, condition, date, age or authenticity.
PES makes no representation or warranty in the Valuation that the object will realize the amount at which it is valued upon a contemporaneous or subsequent public or private sale.
PES does not warrant or represent in the Valuation that the object valued is safe, functioning or fit for the purpose for which it was intended.
The Valuation shall remain the copyright of PES and shall be prepared only for the Client and is not to be used by any other person, or disclosed to any third party or reproduced or published in any form without PES’s prior written consent.
The Client shall indemnify PES its employees and officers against all liabilities and expenses incurred by them as a result of any breach of the above commitment by Client or arising from related claims by third parties in connection with the valuation.
5. CLIENTS OBLIGATIONS AND ACKNOWLEDGEMENTS
Client shall pay the price of the Valuation to PES.
The Client warrants to PES that he is the owner of the object or is duly and properly authorized by the owner to have the object valued.
The Client warrants that each object submitted for valuation is free from any third-party interests, restrictions or claims whatsoever.
The Client warrants that all material provided is owned by the Client and the Client has the right to use such material and provide it to PES. The Client indemnifies PES fully with respect to any breach of this warranty.
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8–12. ADDITIONAL CLIENT ACKNOWLEDGEMENTS
The Client shall provide clear and accurate photos and provide full and accurate information about the object, such as already known authenticity issues, relevant location of the object, provenance, condition, condition issues, previous sales history and any other related information, in the possession or knowledge of the Client, his agents, employees, servants, advisers of his family.
Where “family “ in relation to a Client for the purposes of the Conditions of Business means the spouse or civil partner of the Client (including former spouse or civil partner), siblings (including step-siblings), parents (including step-parents), and children (including step-children and adopted children) of the Client or the Client’s spouse or civil partner.
The Client acknowledges the following statement: The Valuation is an estimate that is a matter of reasonable opinion and as such opinions as to value may differ. Particular circumstances affecting the value of an individual object may not be known or foreseeable at the time of the Valuation.
Values can also fluctuate as a consequence of external circumstances such as (without limitation) changes in the prevailing market conditions for the object or changes in relevant scholarship.
In addition, the preliminary nature of the valuation work carried out may mean that the identification, attribution and value of the object might be subject to change on further examination or research by experts at a later stage whether these are internal or external to PES.
Unless otherwise stated in writing, the Valuation only reflects an estimate, the inherent characteristics (visible from the photographs provided) of the object being valued and does not reflect the surrounding circumstances of the object being valued (such as, without limitation, the objects provenance or place in a wider collection, or the existence of several similar items available for sale at the same price).
THE PRICE OF THE VALUATION
The Price shall be in accordance with the price list published on PES’s website at the time the item is submitted by you. PES reserves the right to revise prices at all time and to hold special offers and discounts at various times.
LIMITATION OF PES’S LIABILITY
PES shall not be liable for any deficiency (including but not limited to any omissions, mistakes, erroneous attributes, authenticity issues or inaccurate values) in the Valuation as a consequence of:
a. external circumstances such as (without limitation) changes in the prevailing market conditions for the object, information not publicly available or changes in relevant scholarship;
b. the surrounding circumstances of the object being valued (such as, without limitation, the object’s provenance or place in a wider collection, or the existence of several similar items available for sale at the same time);
c. failure to provide full and accurate information in the knowledge or possession of the Client, his agents, employees, servants, advisors, or his family.
TERMINATION OF THE AGREEMENT
Where the Client breaches any terms of this agreement:
a. The Client shall not be entitled to a refund on the price paid for the Valuation; the license to the Valuation shall be revoked and the Client shall destroy the Valuation; and the Client shall pay to PES an amount equal to PES’s liability, expenses and costs arising in connection with the Client’s breach of said clauses or Unlawful Conduct.
There shall be no further liability of PES to the Client from the date of termination of the Agreement.
RIGHTS OF THIRD PARTIES
b. No person who is not a party to the Agreement shall have any rights under the Agreement to enforce any part of the agreement.
SEVERANCE
c. In the event that any part of the Agreement should be held to be unenforceable for any reason, that term shall be deemed to be not part of the Agreement, the remaining portions of the Agreement shall remain in full force and effect.
13. GOVERNING LAW AND JURISDICTION
a. The Agreement shall be constructed in accordance with United States Federal law and State specific laws of Colorado.
In the event of a dispute hereunder, the parties hereto submit to the exclusive jurisdiction of the state of Colorado.
14. CONTACTING THE COMPANY
a. PES can be reached at appraisals@prestigeestateservices.com
