Terms & Conditions of Engagement
By using this website, or requesting or receiving the services Mark Hill or Mark Hill Publishing Ltd (‘We’ or ‘us’) offer, you understand and agree to the following terms and conditions of engagement:
1. All information supplied by us electronically, verbally or otherwise, including statements or estimates of authenticity, age, condition, value or prices, are statements of opinion only, not fact. Neither Mark Hill nor Mark Hill Publishing Ltd nor any of their employees, agents, associates or consultants are legally responsible or liable in any way for any inaccuracies or any losses of any type incurred because of reliance on the information contained in any communications, statements or reports. We make every effort to ensure the accuracy of any statement regarding an item(s), made verbally or in writing or digitally; however we give no representations or warranties on any statement we make in respect of age, attribution, authenticity, authorship, genuineness, condition, date, origin and provenance of the item(s) made verbally or in writing or digitally.
2. All information is subject to change based on first hand in person inspection of the item(s) described by us or one of our nominated associates, agents or consultants. Neither Mark Hill nor Mark Hill Publishing Ltd are legally responsible or liable in any way for any inaccuracies or any losses of any type incurred because of reliance on the information contained in any communications or reports submitted by an associate, agent or consultant nominated by us.
3. Valuation & Appraisal Fees and Independence. All fees are charged on a time basis (or at an agreed fixed fee) and are entirely independent of the outcome of the valuation or appraisal. Fees are not contingent upon the value assessed, the reporting of a predetermined value, the achievement of any particular result, or any subsequent event. No commission, referral fee or other payment has been made or received in connection with the instruction of the valuation or appraisal. All valuations and appraisals are undertaken entirely independently, impartially and in accordance with accepted professional standards.
4. We reserve the right to decline a request to appraise or value, and to cancel any services at any point, for whatever reason. Payment must be made for work undertaken up to the point of cancellation. If no work has been undertaken by us, your money will be refunded in full, less a 10% service fee.
5. You warrant to us that:
5.1 you have full right, title and authority to have the item(s) appraised and valued, free from any third party right and encumbrances, claims or potential claims;
5.3 you have no reason to believe that the item(s) is/are a Forgery;
5.3 the item(s) is/are not connected with any criminal activity including tax evasion, terrorist activities, and theft, and that you are neither under investigation nor have you been charged with or convicted of money laundering, terrorist activities or other crimes;
5.4 you have provided to us all of the relevant information and documents in your possession or control concerning the item(s), including information about its authenticity, history, condition, prior ownership, any alterations or restoration to the items(s) that you are aware of, and all such information is complete and up to date to the best of your knowledge;
5.5 if the item(s) has/have been removed from a country outside the UK, all duties and taxes on the import of the item(s) have been paid, and all export and import declarations have been properly made;
5.6 if you appoint us to act as agent to sell the item(s) on your behalf by auction or other means, or dispose of it/them by giving it/them to charity, that you have full right, title and authority to do so, free from any third party right and encumbrances, claims or potential claims;
5.7 you will pay any and all service charges, duties and taxes to the relevant entity that may be due in connection with the sale of the item(s);
5.8 you will indemnify us and any agent or buyer in full on demand against all claims, costs or expenses incurred by us or any agent or buyer as a result of any breach by you of any of the obligations in this clause;
5.9 you will pay any and all fees and expenses that have been mutually agreed to us for any services provided by us or one of our employees, agents, associates or consultants.
6. Anti-money Laundering Regulations
6.1 Where applicable, we are obliged to comply with Anti-Money Laundering regulations which apply to individuals and businesses who deal in the sales, purchases and storage of works of art with a value of €10,000 (or equivalent) or more.
6.2 This includes verifying the identity of all customers we transact with as well as any beneficial owners on behalf of whom they may transact. Vendors who are unable or refuse to supply required identification documents and proof of address will not be able to work with us.
6.3 Copies of customer due diligence checks will be stored for as long as it is necessary to satisfy legal requirements in an appropriate storage facility, which for the avoidance of doubt may include storage solely in electronic form. We reserve the right to withhold any monies owed until the vendor provides the information necessary to complete the anti-money laundering checks.
6. VAT. We do not currently charge VAT and are not legally obliged to as we are not registered.
7. Insurance.
7.1 You should ensure that your item(s) is/are covered by your own insurance policy when in your possession. Neither Mark Hill, Mark Hill Publishing Ltd nor any of our employees, agents, associates or consultants are responsible for damage to any item(s) when not in our possession.
8. Introductory Commission (IC). From time to time we may receive an introductory commission (also known as a referral or introducer’s fee), usually from an auction house and occasionally from a dealer. This is a long-established and widely accepted practice within the global art and antiques industry. Many auction houses pay an introductory commission to trusted individuals who introduce property that is subsequently consigned and sold through them. The commission is agreed in advance and is typically calculated as a percentage of the auction house’s own fees or commission. It is payable only if the property is successfully sold. The purpose of an introductory commission is to reward the introducer for generating new business. It is paid from the auction house’s or dealer’s own income and does not increase the amount you pay. The auction house or dealer accepts a reduced share of its own commission in return for securing the consignment. In all instances, we remain under a professional duty to act in our clients’ best interests and to recommend the option we believe is most appropriate for their circumstances. We are always happy to disclose the existence of any introductory commission arrangement.
9. No party shall have any liability in respect of any delay in performance or non-performance of its obligations under these Terms (other than an obligation to pay) owing to Force Majeure. If a party is affected by Force Majeure it shall notify the other parties as soon as reasonably possible, in any event within 5 days, and shall take reasonable steps to mitigate the effect of the Force Majeure.
10. Any notice or other communication shall be in writing and, if sent by post, shall be deemed to have been received by the addressee on the second working day after posting or, if the addressee is based outside the United Kingdom, on the fifth Working Day after posting. If any written notice is delivered by hand, it shall be treated as having been received at that time and, if any written notice is sent by email, it shall be deemed to have been received 24 hours after sending. Any notice sent to us should be sent to ‘Mark Hill Publishing Ltd, P.O. Box 64497 London SE11 9BB England’ and quote your full name, your contact details, the item(s) in questions, and any valuation identification or reference number that you may have been given. Any notice that we send to you shall be addressed to the last address or email address formally notified to us by you.
11. We reserve the right to change our Terms and Conditions of Engagement without notice and each clause should be seen to operate separately. These terms are between you and us exclusively and are governed in accordance with the laws of England and the jurisdiction of the English courts only.
12. These Terms and Conditions of Business, and all aspects or all matters, transactions or disputes to which they relate, shall be governed by and construed in accordance with the laws of England. By requesting and using any service offered by Mark Hill or Mark Hill Publishing Ltd, the exclusive jurisdiction of the English Courts will apply to settle all disputes arising in connection with all aspects of all matters under these Terms & Conditions of Engagement. You consent to service of process or any other documents in connection with any legal proceedings by personal service, delivery by mail, email, or in any other manner permitted by the laws of England or the law of the place of service at your last address known to us or any other usual address.