New Zealand's sculpture maintenance and repair experts.
ObjektCare Ltd — Terms and Conditions of Business.
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.
Subject to these terms, the client engages ObjektCare Ltd as an independent contractor to perform the services set out, and ObjektCare Ltd accepts such engagement.
“ObjektCare Ltd” collectively refers to ObjektCare Ltd and its employees, subcontractors, independent contractors and agents. “Client” is the person(s), company or organisation 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 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.
Services typically fall into three categories: regular/ongoing maintenance, one-off projects, and consultation. Maintenance is the regular care, cleaning and inspection performed to preserve a sculpture’s 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 or provision of a base or plinth. Consultation covers requests for professional input — research, assessments, advice, quotes, meetings and site visits. Any consultation involving research, preparation or site visits beyond the initial discussion is billable, at ObjektCare’s discretion based on the work performed.
All work, tasks and services rendered by ObjektCare Ltd under Maintenance, One-Off Projects and Consultation are billable. This 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.
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 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 establish the parameters of the quote, estimate or scope of work.
During an assignment, ObjektCare may determine that additional work is required to properly care for or complete a project. 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.
Maintenance 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 invoiced monthly. ObjektCare Ltd may withhold services or retain possession of artwork for any client with an outstanding invoice until it is resolved, and may charge interest on overdue invoices at 10% per annum above the Official Cash Rate specified by the Reserve Bank of New Zealand.
The client warrants and represents that they, their advisors and agents have authority to obtain services and to enter into agreements and proposals with ObjektCare Ltd in respect of the property and services.
Unless specified, quotes exclude costs related to unknown or unexpected findings with an artwork (such as hidden damage), height access such as ladder or scaffolding hire, and delays outside our control (such as weather-related incidents and road closures).
ObjektCare Ltd will keep all information regarding the client, the property, proposals and services confidential, except where 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.
The client shall not, directly or indirectly, solicit or induce any of ObjektCare Ltd’s employees to leave their employment or to accept work with the client or any other entity.
The client acknowledges that ObjektCare Ltd may subcontract the delivery of some services to third parties (“Subcontractors”). ObjektCare Ltd shall not be liable for any negligence, malpractice, fault, errors or omissions in the performance of services by subcontractors. Where a subcontractor handles or performs services upon the object(s), they do so subject to the limitations of liability set out here.
ObjektCare Ltd makes no guarantees of success or effectiveness of any services, and makes no warranties, express or implied, as to any services performed. The client acknowledges and agrees that they assume responsibility for the results of services.
ObjektCare Ltd retains the copyright in any report it prepares and in any photographs it takes of property.
Our clients and the art community enjoy seeing images of ObjektCare’s work. Unless otherwise agreed, ObjektCare may share images of our work online and via social media, typically including artworks we have been engaged to work on. We are committed to protecting client privacy and do not identify private clients unless otherwise agreed. Please let us know if you’d prefer your sculpture or artwork not be featured.
ObjektCare Ltd will undertake all work requested by a client and agreed to by ObjektCare. Any work requested that lies outside the initial agreement or engagement will be completed at extra cost to the client.
Where an ObjektCare project is cancelled following approval, ObjektCare reserves the right to bill for any incurred expenses or services already carried out.
ObjektCare prices exclude GST unless otherwise noted. GST will be added to the total price at the time of invoicing.
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 Ltd carries public liability insurance with a reputable insurer covering the activities of ObjektCare Ltd in the event of a claim by the client.
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 (whether in contract, negligence, tort or on any other basis), is at your sole risk at all times. In agreeing to the treatment or examination of an object, you waive and release any and all claims for damage to, loss of, or matters related to such object however occasioned, 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 transportation of artwork and the conservation treatments of your artwork.
The client is responsible for ensuring 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.
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.
ObjektCare Ltd is not liable for failure to fulfil any obligations due to causes beyond its reasonable control, including natural disasters, pandemics, strikes, transport delays or governmental restrictions.
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 changes to these terms and conditions at any time without notice.