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Terms & Conditions for Probate Valuation Reports
1. The Agreement
1.1 The Agreement will be composed of the Terms and Conditions for a valuation report.
1.2 The Agreement will only come into effect upon the Company accepting to make a valuation of the item(s) and the Client has fully paid the agreed upon price, subject to the company right to withdraw the services in accordance to these terms and conditions.
2. Valuation Services
2.1 The Valuation Report serves the following specific purposes:
a) Insurance purposes, the Company will allow to take the replacement value of the item on like-for-like basis i.e. the replacement item must have the same retail market value, unless the company and the client agree to:
A new Retail Replacement Value – this will reflect the current new replacement cost of an item of similar quality which is new and available from the correct dealers
A Second-hand Retail Replacement Value – this will reflect the current used replacement cost of an item of similar quality and condition which is available from the correct second-hand dealers
An Open-Market Value – this will reflect the likely replacement cost of a similar item on the UK auction market
A Cost Price – this reflects the price at which the item was bought
A Replica Value – this reflects the current replacement cost of creating a replica of the original article using the same quality materials.
b) In case of probate, the Company will take a “Mid Auction Estimate Value on the open market” at the date of death.
c) In case of divorce, the Company will take an “Open Market Value”
d) For Capital Gains Tax purposes, the Company will take the open market value
e) For Audit purposes, the Company will take a median sum between open market and retail replacement value
f) For prospective buyers and sellers the Company will take a median sum between open market and retail value
2.2 The Valuation Report will be base on the English Market using Pound Sterling (£) as currency, unless otherwise stated in writing.
2.3 The Valuation Report will is based upon a preliminary physical inspection, prior to cleaning, restoration or research into the item’s provenance; unless otherwise stated in writing.
2.4 A first Draft Valuation Report will be provided by the Company at which stage the client can raise questions or concerns.
2.5 Upon the agreement of the Draft Valuation Report, a Final Engrossed Valuation Report will be provided by the Company to the Client
3. The Valuation
The content of the Valuation Report should be taken as a statement of opinion and not fact. While a great degree of care and attention is taken during the examination, the report is still primarily based on the opinion of the Company.
3.1 No guarantee can be given in regards to the article’s provenance, history, condition, date, age or authenticity. The valuation does not attribute any specialist scientific laboratory process for figuring out the age and provenance. Unless a written agreement to the contrary is created prior to the valuation, there is no warranty or personal responsibility accepted in the Report.
3.2 No guarantee can be given during the valuation that deems the item safe, in working condition or fit for its intended purpose.
3.3 No guarantee can be made that the item in question will reach its estimated price at any subsequent valuation or private or public sale.
3.4 The Valuation does not take into consideration any expenses that arise from the sale including but not limited to commissions and taxes (including capital, duty, excise, value added or sales taxes) that might be due upon sale or transportation of the item.
3.5 The Valuation does not guarantee that the HMRC (or any other judicial or tribunal authority) will accept the value of the item in question.
3.6 The Company has the right to be consulted either wholly or in part by a third-party specialist when required and any such information may be included in the report.
3.7 The Company has copyrights on any Valuation Reports it produces. All reports are to be used by the Client and the Client’s professional advisers only, it is not to be published or reproduced without the Company’s written consent.
3.8 The provided Valuation Report is not to be used for any purpose contrary to the one stated in the Report itself.
4. Client’s Acknowledgements and duties
4.1 The Client must pay the agreed Valuation fees directly to the Company.
4.2 The Client pledges to be the legal owner of the items being valued.
4.3 The Client pledges that the item in question has no third party ownership claims, restrictions or interests.
4.4 The Client must be forthcoming about any known information regarding the item’s authenticity, provenance, condition, age, sale history, issues and any other information relevant to the Valuation.
4.5 The Client must acknowledge the following statement:
The Valuation is not a statement of fact but an estimation based on reasonable opinion, which may differ depending on the individual. During the process some factors may not be known at the time of the Valuation. External factors such as (but not limited to) fluctuations in the current market conditions at the time, as well as changes in applicable scholarship. The nature of the initial valuation process is liable to change upon further examination or research that may arise at a later date. Unless otherwise stated in writing, the Valuation should be considered as an estimate which excludes any external factors.
5.1 The fees are based on the Company’s prevailing rate whether hourly, daily or upon a prior agreed upon basis. Details of the standards rates are available upon request.
5.2 Any extra charges will be based upon any additional time spent on research or administration.
5.3 Additional travel or other costs that arise from the Valuation service will be added on as extra expenditures.
5.4 VAT charges apply to any fees and expenditures, where appropriate.
6.1 The Company takes complaint seriously and operates a formal complaint procedure which can be obtained by getting in touch with the Company by e-mail or telephone.
7. Limited Liability of the Company
7.1 The Company is not to be held responsible for any flaws (including but not limited to: missing information, authenticity, quality issues, mistaken attributions, inaccurate values or errors) in the Valuation as a result of:
a) External factors such as changes in the market conditions, lack of available information or changes in relevant scholarship.
b) The circumstances of the sale of the item such as the item’s place in a collection or existence of other similar or same items available for sale at the time.
c) Lack or failure on the Client’s (and Client’s advisers) part to provide accurate or relevant knowledge regarding the item.
d) Factors that are not immediately evident upon preliminary physical inspection of the item.
8. Applicable Laws and Jurisdiction
8.1 Any Valuation has to be produced according to the English Law. In case of legal dispute, the involved parties are to submit to the jurisdiction to the HM Courts & Tribunals.