ObjektCare Ltd Terms and Conditions of Business
Application: ObjektCare Ltd Terms and Conditions of Business shall be applied to all work carried out by ObjektCare Ltd.
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.
Services: ObjektCare’s services include, but are not limited to maintenance, cleaning, installation, and moving of property. There are two specific services offerings: ObjektCare Programme and ObjektCare Projects. ObjektCare Programme is an ongoing maintenance offering, Objektcare Projects will usually be one-off or occasional in nature. Services shall be specified in writing in the ObjektCare Programme or as a ObjektCare Project agreed on by both ObjektCare Ltd and the client. Each time Services are requested or modified, a new Programme/Project may be executed. ObjektCare Ltd may accept assignments verbally or via electronic correspondence at its discretion. In addition to the Services agreed upon in each Programme, ObjektCare Ltd may determine that additional Services are required, and at its own discretion may request written and/or oral authorizations from Client to perform such Services.
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 agrees to keep confidential and to not disclose to any third party, other than such Party’s attorney(s),accountants, and entities or persons relating to the Property, Proposals, Services, or Client’s identity, unless compelled or required to do so by government subpoena, applicable law, regulation or legal process; provided, however, that Client agrees that Client acknowledges and agrees that the ObjektCare Ltd Programme, ObjetkCare communications and ObjektCare Quotes or ObjektCare Reports are the sole and exclusive property of ObjektCare. In our general course of business ObjektCare take photographs to document work. Clients may request ObjektCare not use photography to document Client property and this will be adhered to.
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: Payment for ObjektCare Programme is due by the end of the month prior to the period which the programme covers. All other services such as ObjektCare Projects must be paid for in advance, other than where extended terms are agreed in advance, or where services are billed after completion in which case payment is due within 5 working days. Projects spanning multiple months may be charged in monthly increments. ObjektCare Ltd reserves the right to withhold services to any client with an outstanding invoice and to charge interest for overdue invoices at 10% per annum above the Official Cash Rate 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 specified in the ObjektCare Ltd Programme, as agreed to by the client, in a professional manner. Any work requested by the client which lies outside of work specified in the ObjektCare Ltd Programme will be completed at extra cost to the client.
Work Cancellation: Where an ObjektCare Project or ObjektCare Programme 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.
Your Insurance: The Client is responsible for ensuring property is properly insured and that by accepting these terms and condition nothing in such insurance is invalidated or otherwise adversely affected. We do not provide insurance for your property. Property under maintenance is at your sole risk at all times. In agreeing to our services, you waive and release any and all claims which may arise for damage to or loss of or related to such objects, however occasioned, and whether or not due to our negligence or default. ObjektCare’s Insurance: ObjektCare Ltd will carry public liability insurance from a reputable insurer which will provide for the activities of ObjektCare Ltd in the event of a claim on insurance following 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.
ObjektCare Ltd reserves the right to make any changes to these terms and conditions at any time without notice.
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