Disclaimer-Terms and Conditions

These Internet pages provide general information only, whilst we make every endeavour to check our facts, mistakes can occur. It is your responsibility to verify the accuracy of any information supplied by e-mail or contained in any of these?pages. We cannot be held liable for any special, direct,? indirect or consequential damages. Please read these conditions carefully as by using this?website, and or acting on any information or communications supplied?by?Ian G Brennan, or?all his associates including Suzanne Cavill, re Brennan,?would?signify your total agreement to be bound by?these Terms and Conditions outlined here.?Thank You.

General :Unless agreed in?writing, all information, goods and?services including any art works?or goods in any material shown?on our website(s) or via?email and its attachments which are?supplied by us,?shall be subject to these terms and conditions outlined here; to the exclusion of any other conditions issued by you and to the exclusion of and pre-contractual representations. Any agreed written variation of these conditions shall be peculiar to the circumstances stated or implied shall not be regarded as a general variation. No time or other indulgences granted shall prejudice our rights under the contract, save as otherwise provided in these conditions and to the extent provided by law, other conditions and warranties excluded.

1. To the fullest extent permitted at law, this website or any official website by and for sculptor Ian G Brennan, Stephen Brennan, Suzanne Cavill, the webmaster and or all their?associates, is providing this website and its contents on a 'as is' basis and makes no and expressly disclaims all representations or warranties of any kind, express or implied, with respects to this website or the information, copyright, content, art works, materials or products included in this website including, without limitation, warranties of merchantability and fitness for a particular purpose in addition any affiliated personnel represented or linked to?any official websites of? Sculptor Ian G Brennan does not represent or warranty that the information accessible via this website is accurate, complete or current and that any?price shown and the?availability and materials?used to create the sculpture?are subject to change without notice.?

2?.??Except as specifically stated on this Web site, to the fullest extent permitted at law, neither Ian G Brennan, nor any of its affiliates, directors, employees or other representatives?will be liable for damages arising out of or in connection with the?commission, sculpture or prints produced by Ian G Brennan or his associates or by use of this Web site or the information, content, materials or products included on this site. This is a comprehensive limitation of liability that applies to all damages of any kind, including (without limitation) compensatory, direct, indirect or consequential damages, loss of data, income or profit, loss of or damage to property and claims of third parties. For the avoidance of doubt, Ian G Brennan or his associates?does not limit its liability for death or personal injury to the extent only that it arises as a result of the negligence of? Ian G Brennan or any of his?affiliates,?employees or any other representatives. We?reserves the right to refuse access to any of our websites?at any time,?totally remove or edit?its content in part or full in any way.

3. Use Of Third Party Images - Royalty Copyright. All Rights Reserved?? All the royalty copyright of text,?graphic images, works of art etc, created by Ian G Brennan and or his representatives shown or described on this website or any other official website for Ian G Brennan remain that of sculptor?Ian G Brennan or his heirs, unless written permission to the contrary is obtained.?Please note that you are not authorise to use any of the royalty graphic images, text etc?in whole or in part for?unsolicited commercial use,?Suzanne Cavill, Ian G Brennan or any of his or her representatives do not represent or warranty that the information accessible via this website is accurate, complete or current in any way. We reserve?the right to use any images taken from all or any?art works produced by?Ian G Brennan or his associates for possible inclusion in our website or publicity material at any time, unless specifically requested to the?contrary by the client?in writing .

4. You must not use the website for any?for fraudulent purposes or in connection with a criminal offence or other unlawful activity or?in any way that either causes, or is likely to cause the website or access to it to be interrupted, damaged or impaired?and?to cause annoyance, inconvenience or needless anxiety to others. Also to send, use or reuse any material that is?offensive, abusive, indecent, defamatory, obscene, menacing or illegal, and or in breach of copyright, confidence, privacy or any other right, or is otherwise objectionable and case offence or injurious to third parties or ?which consists of or contains software viruses, commercial solicitation political campaigning, chain letters, mass mailings or any so called "Spam".??You are deemed to be responsible for all electronic communications and content sent from your computer to us and you must use the website for lawful purposes only.

If we have?in any way inadvertently omitted to gain? permission?wrongly assumed permission was granted, not required or indeed failed to acknowledge any third? party/parties royalty, text or?graphic images used in this website in any way, please accept our apologies?and contact us, we be pleased to remedy this situation as soon as practical by acknowledging or?remove any such royalty, text,? graphic images from this website.?You are not authorise to use any of the information, art images for commercial use. If commercial rights are required please send us an email for prices, terms of use and we will discuss your enquiry with the Artist?in question on your behalf. Written permission is required to use any?of the art images displayed on this web site for any commercial use. Please send your enquiries by email to?:-???

5. Commissions and purchasing a sculpture, relief carving in any material or limited edition print; .Each carving/sculpture(s) in whatever medium?or any limited edition print?are all subject to availability. Your order will represent to us an offer to proceed to have the particular? wood carving?or sculpture in any material, produced by us, or?in the case of any metal casting? the particular sculpture produced by the foundry. This?order will be deemed to have been accepted by us only when we send e-mail confirmation to you that we have accepted your order? That acceptance will be complete at the time we send the?e-mail confirming this to you and will be deemed for all purposes to have been effectively communicated to you at the time that?Ian G Brennan, or any of his representative?sends the e-mail to you (whether or not you receive that e-mail) and is?barring any errors or omissions. We receive our right to cancel any and all orders or commissions at our discretion.

6 . If we cancel any order?from us that was?from stock and you had?supplied a deposit?this deposit will?be returned in full, however that would be the total?monies or damages deemed returnable.?This is a comprehensive?limitation of liability that applies to all damages of all and any kind, no other damages of any kind, including?(without limitation) compensatory, direct, indirect or consequential damages, income or profit, or loss of or damage to property and claims of any third parties.

7 . On receiving?your order we will send you an e-mail confirming the details of your order along with when appropriate and?if supplied, your individual reference? number which will be used for all? future correspondence. We will confirm to you whether the particular sculpture or print you requested is in stock and available?for immediate delivery, or whether it will have to be specially commissioned, which will?in the case of a metal?sculpture?will be?ordered?direct from the foundry.?We can also confirm to you at the?cost of the sculpture you have ordered including shipping?costs either by overland or airfreight and?the estimated time of delivery of the sculpture to your nominated address. Once the order or commission is ready?you will be notified by email?when the?sculpture has been?collected by the carrier,?the carrier, used and?the tracking number of the particular art works?so its progress can be monitored on-line.??

8. You may cancel your order for your art work?taken from stock and receive a full refund for your?order?at anytime from the date you placed the order until seven working days after the goods were delivered to you, if your order has already been dispatched by the time you cancel the order you will be required to again return all the item in the original packing and to also pay the carriage costs of the return of all these items. If?you choose to cancel your order of a an art work?that was in stock please notify us in writing , using your personal identification number,?by?email at ?kindly stating the reason for wishing to return the art work,?you can then be expect to receive from us notification confirming?the cancellation of the order before you return the art work. The art work?must be also be safely returned to us in good condition before a refund is made.

9 .If the print, wood carving or metal sculpture was not in stock and?had therefore to be specially?commissioned from Ian G Brennan, the printers or the foundry,?a deposit?is usually requested and would normally be required to be?paid by you before work on the particular commission was started. If the commission was then cancelled by us,?there will?be no charge?to you and if any deposit were made by you would be?returned in full,?however the only recompense whatsoever for this lost order?to you will be limited to your return of this?deposit only.?Once materials have been ordered and work?has?commenced on the art work, wood carving or master copy?or?the metal sculpture has been ordered by us from the foundry,?if the commission were to be? cancelled by you, to cover our costs this deposit would?be deemed?at our total discretion, to be?a?non-returnable deposit.?

Except as otherwise agreed in Writing by the Seller all prices are given by the Seller on an ex works basis and the Buyer shall be liable to pay the Seller's charge for delivery and insurance. The Seller shall nominate the method of delivery. All delivery dates for stock items or commissioned pieces are?given in good faith but are for guidance only. Although every effort will be made to insure wherever possible?completion, dispatch and delivery times will be met, however?these completion, dispatch and delivery times?are often beyond our control and therefore are to be just estimates. No liability can be accepted for late delivery whether or not they are caused by the negligence of the Seller in any way. Time is not of the essence under this Condition.

10?. We endeavour?to insure that you are?delighted with your order,?however all art works? supplied by the Seller are individually produced. Art works?received may differ slightly in appearance from samples,?illustrations?are for information only. Most art works?are individually produced and in particularly those cast?in metal?supplied?by the foundries?which are therefore outside?our direct control, any possible changes to the?metal and or materials used, variations in colour or patina of the sculpture may occur without prior notice or?permission. Ian G Brennan and or his associates?reserve the right if they?deemed?it appropriate and without necessarily consulting the client or purchaser to substitute any material used in the creation of the particular art work?if we?thought?the art work could be more improved?or more effectively produce if? parts?or?all of it?were?made from?a stronger and or of a more durable material,?particularly if the finished art work were to be painted. If any materials?were to be substituted in the art work we would obviously endeavour to ensure?the overall?appearance of the finished art work?still remained of a good standard. Any damages whatsoever?for all art works produced or supplied by us or our suppliers in any materials that is deemed to be substandard and or of poor quality, is strictly limited to the?total cost of the monies paid by you?for that particular sculpture (s). If you are dissatisfied? with any particular?sculpture?or commissioned?piece, we reserve the right to re-model, repair or replace it?in part or?whole, until we are satisfied it?has met with?reasonable requirements.?Any and all damages will only ever be?limited to the initial monies having already been paid so far by you? ?

11. Where art works are delivered by our carriers, the risk therein will past to you immediately you take delivery of the package, but where?art works?are delivered by your carrier, the risk therein will pass to you at the time of delivery to that carrier. You must fully insure the art works?in transit when returning them,.the goods must be packed safely and securely and returned to us in the condition you found them, an advice?must also be enclosed with the package to identify the goods and person returning the goods therein.?The Seller shall be under no liability in respect of any defect arising from fair wear and tear, wilful damage, negligence, failure to follow the Seller's instructions however given, misuse or alteration of Goods or damage caused by inclement weather or animals or insects. The Buyer shall not be entitled to claim damages for breach by the Seller of any of its obligations whether under the contract or otherwise and whether for delays or performance. This Guarantee cannot be assigned or otherwise transferred.

12. If the art works?arrive damaged or short in number, written notification and evidence must be given to us within 7 days,?otherwise we shall not be?liable. Claims made regarding non-delivery or transit damaged?can only be considered if made within the time limits imposed by the carriers.?Unless stated to the contrary the art works?will be shipped?to you via overland/sea. However if you particularly requested for the?larger art works particularly sculpture to be sent via airfreight?the additional cost of airfreight would required to be met and paid for by you before the art works?was collected by our carrier.

13. As with most packages for overseas delivery, when ordering goods from Ian G Brennan, his associates you may be subject to import duties and taxes, which are levied once the package reaches the particular?destination. As we have?no control over these charges and therefore cannot predict what they may be any additional charges for customs clearance must be borne by you. Customs policies often vary widely from country to country, so you should contact your local customs office for further information. Please note that when ordering from us?you would be?considered the importer of the art works?and must therefore comply fully with all laws and regulations of the country in which you are receiving the goods.?We would like customers dispatching products internationally and our international customers?to be aware that cross-border deliveries are often subject to opening and inspection by customs authorities.

14.?Unless previously withdrawn a quotation is open for acceptance within the period stated therein, or when no period is so stated, within 14 days only after its date. Oral quotations are for guidance only and are not binding upon us. Written quotations will not normally be submitted and in any event will not binding upon us, unless any necessary drawings and specifications have first been submitted to us in writing and, where we deem it necessary a sample is?provided to us. Notwithstanding the receipt by us from you of an order of an acceptance of our quotation, such order or acceptance shall not be binding upon us until confirmed by us by our forwarding to you our form of acknowledgement?of order which incorporate these Conditions.

15. Title to the Goods shall remain with the Seller until full payment in cleared funds is received by the Seller for all monies due under these Conditions. If Goods are delivered before title passes the Buyer is not to alter the Goods, not incorporate them into some other item nor otherwise dispose of possession of them. All art works?in any material?supplied by?Ian G Brennan?or any of his representatives remain the property of??Ian G Brennan,?until all payment due has been received in full.?If payment by the Buyer is overdue the Seller retains the right to enter on the Buyer's property to recover possession of the Goods or any other Goods for which payment has not been made.

16.?All designs, moulds, samples,?models?or prototypes?produced?by Ian G Brennan?or his? representatives for the purpose of any?commission, contract, enquiry or quotation shall remain our property to do with as we may wish. This?includes reserving the?right, unless previously agreed in writing not to do so,?to then mould and or replicate?by any other means to then?re-produce further copies of these sculptures or relief carvings?and to sell or otherwise dispose of these further copies of the sculpture or relief carving in any material should we so wish without?notification and notwithstanding that the cost thereof may be included in whole or in part be in the contract or commission price. All original drawings and information by Ian G Brennan or his associates relating to such moulds, samples,?sculpture models or any prototypes?remain our property and our copyright and you undertake that you will not copy or make use of the same for the benefit of yourself or any third party without our prior written consent.

17. Advertising Matter. Specifications, descriptions and illustrations contained in our websites, brochures or other advertisement or publicity matter are intended to give only a general idea of the art works, goods,?or services concerned and none of these shall form part of the Contract.?

18. In any dispute the Buyer or any person using this website, or?any goods or services provided by Ian G Brennan or his associates shall agree to submit to the exclusive and total jurisdiction of the English courts without any exception.?The remedy contained herein shall be in full satisfaction of the Seller's liability in respect of such goods or services, if at any time any question, dispute or difference whatsoever shall arise between you and ourselves upon, in relation to, or in connection with the Commission, Order or Contract either of us may give to the other notice in writing of the existence of such question, dispute or difference and the same shall be referred to the arbitration of a person to be mutually agreed upon. Unless otherwise agreed formally in writing any?and all Contract between us shall in all respects be construed and operate as an English Contract and therefore be totally governed by the laws of England in conformity with English law and the English courts which shall have exclusive and total jurisdiction over any and all matters arising, including?the provisions of any?arbitration.

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