Terms and Conditions

Last Updated 9th April 2025

1. Definitions

1.1. “Client” means the person or company named in the quotation who buys or agrees to buy the goods or services from the Stubbs Conservation.

1.2. “Despatch” means the date and time at which the goods leave the premises of the Seller.

1.3. “Premises” means the address nominated by the Client for delivery of the goods or services.

1.4. “Price” means the price for the goods or services in accordance with the quotation, or variation thereof agreed in writing between the Seller and the Client.

1.5. “Seller” means Stubbs Conservation.

2. Quotations and Assessments

2.1. Quotations made by Stubbs Conservation are an invitation to The Client to make an offer on the terms in such a quotation. All quotations and provided with Stubbs Conservation’s right to withdraw or cancel without notice. A binding contract will arise upon acceptance by the Buyer of Stubbs Conservations quotation and shall be subject to the terms and conditions that follow.

2.2. Prices quoted are based on the cost of material, labour, and transport where applicable at the date of quotation. In the event of any variation in such costs occurring after the contact has arisen and before the date of despatch Stubbs Conservation reserves the right to adjust the price accordingly.

2.3. Where assessments are made based on images provided by the Client, Stubbs Conservation reserves the right to adjust the quotation upon receipt and physical inspection of the objects noted within the quotation should more or less work be required. In the event of the quote being adjusted, the Client will be informed, and work will only begin once the new quote has been agreed in writing.

2.4. The quotation is subject to the availability of labour and materials.

2.5. Unless otherwise stated all quotations are valid for a period of 90 days.

2.6. Where a physical assessment of items is required or requested by the client, should arrangements for collection not be made or instructed by the client within 180 days. Stubbs Conservation reserves the right to dispose of the goods as it sees fit.

3. Storage Charges

3.1. Items remaining at Stubbs Conservation’s premises for 30 days following an assessment report or work/services are completed and invoice is issued will be subject to a charge of £29.99 per item per week.

3.2. Stubbs Conservation reserves the right to charge more for large or heavy items and will not be liable for not confirming storage charges prior to storage commencing.

4. Payment

4.1. Payment shall be made in full within 30 days of the issue date of the invoice by the Client. Where the quoted work exceeds £1000, a 50% non-refundable deposit is payable before commencement of work. The remaining balance of the invoice is payable once the work has been completed prior to collection or delivery of the item.

4.2. Upon acceptance of a quotation, all Clients shall pay Stubbs Conservation the full invoice total on completion of work prior to the client’s collection or delivery can be arranged

4.3. In default of payment within the said period, Stubbs Conservation may charge interest of 12% per annum or 8% over the current base rate of the Bank of England, whichever is the higher, on all money overdue plus a debt recovery fee of £100.

4.4. Payment on the due date shall be regarded as a fundamental term of the contract and failure by the Buyer to comply therewith shall entitle Stubbs Conservation to treat the contract as suspended by the Buyer.

5. Delivery

5.1. Unless otherwise agreed in writing Stubbs Conservation shall deliver the goods to the premises using a nominated shipping agent. Delivery shall be deemed to have taken place at the moment when the nominated carrier is no longer in possession of the goods/received a signature to confirm delivery.

5.2. Stubbs Conservation accepts no liability for loss or damage once the goods have been handed to the nominated shipping agent and are no longer within Stubbs Conservation’s premises. It is the responsibility of the Client to provide sufficient loss and damage cover for all items included within a shipment.

5.2.1. Loss and damage cover can be purchased by the Client by requesting in writing to Stubbs Conservation, stating the value that they would like their items covered for. Such cover will be subject to additional charges based on the value requested. It is not the responsibility of Stubbs Conservation to offer this as a service, but that of the Client to request it.

5.2.2. Where the Client requests Loss and Damage cover as per section 5.2.1. it will be provided by the nominated shipping agent and subject to their terms and conditions.

5.3. Delivery dates or times are estimates only and while Stubbs Conservation will make all reasonable efforts to deliver the goods within the time or times agreed Stubbs Conservation will not be responsible for any losses caused to the Buyer as a result of late delivery.

5.4. Time of delivery shall not be the essence of the contract between the Buyer and Stubbs Conservation

5.5. Stubbs Conservation shall be entitled to deliver the goods in one or more consignments unless expressly agreed otherwise.

6. Ownership

6.1. The legal and beneficial ownership of the goods shall remain in Stubbs Conservation and shall not pass to the Client until such time as the Client has fully paid any outstanding invoice to Stubbs Conservation.

6.2. The Client shall insure and keep insured the goods to an amount equal to the full value of the objects plus quoted price of agreed work against “all risks” to the reasonable satisfaction of Stubbs Conservation until the date the property passes from Stubbs Conservation

6.3. If the Client fails to insure the Goods in accordance with clause 6.2 all sums whatsoever owing by the Client to the Stubbs Conservation shall forthwith become due and payable to Stubbs Conservation who may (without prejudice to any other rights of the seller) recover the same plus VAT and interest.

6.4. In the event that Stubbs Conservation is unable to make contact with the client/the client ceases to respond to Stubbs Conservation’s communications/the client fails to settle any invoice for period of 1 year from the date of issue, Stubbs Conservation reserves the right to sell any objects in relation to recoup any money and penalties due.

7. Termination

7.1. Either party may immediately terminate the contract or suspend future deliveries if the other becomes bankrupt, makes an assignment agreement or composition with its creditors, suffers distress or process of execution to be levied on its property, or goes into liquidation either compulsory or voluntarily (except for the purpose of reconstruction or amalgamation).

Similar rights are reserved to the parties if it appears to either party that it is probable or likely that any of the above events will occur.

7.2. Without prejudice to any other rights or remedies under the contract either party may terminate this contract or suspend future deliveries if the other fails to comply with any of its obligations hereunder and such failure had not been remedied within thirty days of notification to the other of such breach.

7.3. In the event of the Client, for reasons other than those provided for in the above clauses, terminating the contract, the Client shall be liable to Stubbs Conservation for any costs or charges incurred by Stubbs Conservation by reason of such termination together with all costs incurred by Stubbs Conservation up to the date thereof and any difference between the price charged and the price that Stubbs Conservation is able to sell the goods elsewhere.

8. Limitation of Liability

8.1. Stubbs Conservation’s liability is limited to an amount equal to the price of the goods and/or services included in the quotation and does not include the value of the objects held.

8.2. It is the clients responsibility to inspect the goods on delivery with any claim that the goods are not in accordance with the quotation or any allegation that the goods are of faulty design material or workmanship shall be made in writing to Stubbs Conservation within 7 days of the date of delivery of the goods to the Client. If no such claim is made the goods shall be deemed to have been accepted by the Client as being in accordance with the quotation.

8.3. Stubbs Conservation shall not be liable for any consequential loss or damage suffered by the Buyer whether direct or indirect.

8.4. Any failure by Stubbs Conservation to make any delivery on the contractual date for delivery shall not entitle the Buyer:

● to refuse delivery after such date;

● to repudiate the contract;

● to make a claim for damages for late delivery

9. Use of Photography for Marketing Purposes

We reserve the right to use any images of items and artwork photographed or recorded by Stubbs Conservation for marketing purposes unless instructed otherwise by the client in writing.

11. Product

11.1. The illustrations in Stubbs Conservation promotional literature, website and documentation are used to demonstrate the workings of a product or service and serves only as a guide. Stubbs Conservation reserves the right to make minor modifications in design, specification or composition, as it shall think fit.

11.2. The Buyer accepts that minor imperfection/variations in profile, colour and finish are not defects.

12. Variations and Cancellations

12.1. Cancellations will only be accepted on the understanding that all costs incurred by Stubbs Conservation will be reimbursed in full. These costs shall date from receipt of a letter of intent or official order, whichever is earlier.

13. Assignment/Sub-letting

13.1. Stubbs Conservation may licence or sub-contract all or any part of its obligations under the contract without the Buyer’s consent but this shall not in any way release Stubbs Conservation of its obligations to the Buyer under the contract.

13.2. Nothing in the contract shall confer or purport to confer upon any third party any benefit or right against Stubbs Conservation

14. Force Majeure

14.1. Neither party shall be liable for any default due to an act of God, war, strike, lock-out, industrial action, fire, flood, drought, tempest, or any event beyond their reasonable control.

15. Governing Law

15.1. This agreement is governed by and to be construed in accordance with English law and the parties submit to the exclusive jurisdiction of the English courts.