ObjektCare Ltd Terms and Conditions of Business
Application: These Terms and Conditions of Business apply to all work carried out by ObjektCare Ltd and are deemed accepted by the client upon ObjektCare agreeing to undertake any work or service. Clients are considered bound by these terms whether or not they have explicitly agreed to them. The Terms and Conditions are made available via this website, through links in ObjektCare emails, and are also provided with formal quotes, estimates, and other engagement documents.
Independent Contractor: Subject to the terms and conditions of this Agreement, The Client hereby engages ObjektCare Ltd as an independent contractor to perform the services set forth herein, and ObjektCare Ltd. hereby accepts such engagement.
Definitions: ObjektCare Ltd collectively refers to ObjektCare Ltd and its employees, subcontractors, independent contractors and agents. “Client” is the person(s), company or organization, who retains ObjektCare Ltd to perform services and is liable to remit payment for services.
“Property” includes but is not limited to any property, assets or objects and other related items that ObjektCare Ltd may work on for a client.
“Artwork” refers to any object or item of artistic, cultural, or aesthetic value, including but not limited to sculptures, installations, decorative features, or other physical works of art, that ObjektCare Ltd is engaged to maintain, clean, install, consult or advise on or otherwise handle.
Types of Service: These services typically fall into three categories: regular/ongoing maintenance, singular or one-off projects and consultation services. Maintenance of a sculpture is the regular care, cleaning, and inspection performed to preserve its condition, stability, and appearance over time. One-off projects are individual, non-recurring tasks with a set completion date, such as artwork repair, installation, transportation, provision of a base or plinth. Consultation is regarded as requests for professional input from ObjektCare Ltd. — including research, assessments, advice, quotes, meetings, and site visits — are considered consulting services. Any consultation involving research, preparation, or site visits beyond the initial discussion is billable. Charges are set at ObjektCare’s discretion based on the work performed.
All Work Undertaken by ObjektCare is Billable: All work/tasks/services rendered by ObjektCare Ltd. as defined under the headings Maintenance, One-Off Projects, and Consultation, is billable. This also includes related project management, communication, and administrative tasks, such as phone calls, emails, meetings, planning, and research. Charges are stated in the ‘Notes’ at the bottom of ObjektCare emails and in these Terms and Conditions, and, do not need to be explicitly restated to the client.
Engagement of services:
ObjektCare may accept work verbally, by phone, email, or message. Any time we agree to a client’s request and perform the work asked for, it is regarded as billable, even if a formal quote or agreement has not yet been issued. Formal contracts or quotes may be provided at an appropriate stage, once preliminary work or engagement details have been completed to establish the parameters of the quote/estimate/scope of work. Additional Services: During the course of an assignment, ObjektCare may determine that additional work is required to properly care for or complete a project. While minor adjustments or necessary changes may be carried out without client approval, any major changes or substantial additional work will be discussed with the client, and approval may be requested verbally or in writing.
Payment Terms: Maintenance services are billed after completion, with payment due within 5 working days. One-off projects require 50% upfront to start work. Longer projects may be invoiced monthly. ObjektCare Ltd may withhold services or retain artwork if invoices are unpaid, and interest on overdue invoices is charged at 10% per year above the Reserve Bank of New Zealand Official Cash Rate.
Client Authority: Client expressly warrants and represents that Client, their advisors, and agents have authority to obtain Services and to enter into Agreements and Proposals with ObjektCare Ltd with respect to Property and Services.
Exclusions: Unless specified, quotes will exclude costs related to unknown or unexpected findings with an artwork (such as hidden damage), height access such as ladder or scaffolding hire, delays outside our control (such as weather-related incidents and road closures)
Confidentiality: ObjektCare Ltd will keep all information regarding the Client, the Property, Proposals, and Services confidential, except when disclosure is required to attorneys, accountants, or other parties related to the Property, or as required by law, subpoena, or legal process. Clients acknowledge that ObjektCare’s programmes, communications, quotes, and reports remain the exclusive property of ObjektCare. In the normal course of business, ObjektCare may take photographs to document work; clients may request that their property not be photographed, and this request will be respected.
Non-Solicitation: Client shall not directly or indirectly, individually or on behalf of any other person, aid or endeavour to solicit or induce any of the ObjektCare Ltd’s employees to leave their employment with ObjektCare Ltd or to accept employment or any other work with Client or any other person, corporation, limited liability company, partnership, sole proprietorship or other entity.
Subcontracting: Client acknowledges and agrees that ObjektCare Ltd may subcontract the delivery of some services to Third Parties (“Subcontractors”). ObjektCare Ltd shall not be liable or responsible for any negligence, malpractice, fault, errors or omissions in the performance of Services by Subcontractors. When Subcontractor physically handles or performs Services upon the Object(s), they do so subject to the limitations of liability set forth herein.
No Warrantees and No Guarantees: ObjektCare Ltd makes no guarantees of success or effectiveness of any Services, and does not make any warranties, express or implied, as to any Services performed by ObjektCare Ltd. Client acknowledges and agrees that Client assumes responsibility for the results of Services.
Payment Terms: All maintenance-related services are billed after completion, with payment due within 5 working days. One-off projects require 50% upfront to begin work. Projects spanning multiple months may be charged in monthly increments. ObjektCare Ltd reserves the right to withhold services or retain possession of artwork for any client with an outstanding invoice until it is resolved, and to charge interest on overdue invoices at 10% per annum above the Official Cash Rate as specified by the Reserve Bank of New Zealand.
Copyright: ObjektCare Ltd will retain the copyright in any report that we prepare and of any photographs we take of property.
Online and Social Sharing: Our clients and the art community enjoy seeing images of ObjektCare’s work. Unless otherwise agreed, ObjektCare may share images online and via social media of our work which will typically include artworks we have been engaged to work on. ObjektCare is committed to protecting the privacy of our clients, and therefore does not identify private clients unless otherwise agreed. Please alert us if you’d prefer your sculpture or artwork to not be featured online or on social media.
Work to be Undertaken: ObjektCare Ltd will undertake all work requrested by a clilient and agreed to by ObjektCare. Any work requested by the client which lies outside of work specified in the initial agreement/engagement will be completed at extra cost to the client.
Work Cancellation: Where an ObjektCare Project is cancelled following approval ObjektCare reserves the right to bill for any incurred expenses or services already carried out.
Goods and Services Tax: ObjektCare prices exclude Goods and Services Tax (GST) unless otherwise notes. GST will be added to the total price at time of invoicing.
Property and Insurance: The Client is responsible for ensuring their property is properly insured and that, by accepting these Terms and Conditions, such insurance is not invalidated or adversely affected. ObjektCare Ltd does not provide insurance for client property. Property under maintenance, transport, or storage is at the Client’s sole risk at all times. By agreeing to our services, the Client waives and releases any and all claims that may arise for damage, loss, or other issues related to such objects, however caused, including negligence or default by ObjektCare Ltd.
ObjektCare Insurance: ObjektCare Ltd carries public liability insurance with a reputable insurer covering the activities of ObjektCare Ltd in the event of a claim by the Client.
Limitation of liability: ObjektCare Ltd’s liability in respect of damage to an artwork or other property, or in relation to any other matter relating to the provision of services to you (whether in contract, negligence, tort or any other basis) is at your sole risk at all times. In agreeing to the treatment or examination of the object, you waive and release any and all claims which may be for damage to or loss of or related to such object however occasioned, and whether or not due to our negligence or default. ObjektCare Ltd has no liability in any manner or to any extent, in relation to the delivery or other transportation of art work and the conservation treatments of your artwork.
Access & Site Conditions: The Client is responsible for ensuring that ObjektCare Ltd has safe and reasonable access to the site and to the object(s) requiring service. Any delays, additional travel, or safety accommodations due to inaccessible sites may be billed accordingly.
Client-Supplied Materials or Third-Party Work: ObjektCare Ltd is not responsible for any damage or failure resulting from the use of materials supplied by the Client or work previously completed by third parties not engaged by ObjektCare Ltd.
Force Majeure: ObjektCare Ltd is not liable for failure to fulfil any obligations due to causes beyond its reasonable control, including but not limited to natural disasters, pandemics, strikes, transport delays, or governmental restrictions.
Dispute Resolution: In the event of a dispute, both parties agree to attempt resolution through good-faith negotiation before pursuing external avenues. If unresolved, disputes may be referred to mediation or the New Zealand Disputes Tribunal.
ObjektCare Ltd reserves the right to make any changes to these terms and conditions at any time without notice.
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