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1.
Definition of Terms
1.1.
“Bindery” refers
to Redbone Bindery
1.2.
“Task” refers to
all conservation, restoration and repair of objects of cultural significance
and/or advice.
1.3.
“Conservation”
(for the scope of this document only) means book conservation, book restoration
or book repair.
1.4.
“Book
conservator” refers to the person who undertakes the book restoration,
conservation or repair task and/or who offers advice concerning the
restoration, conservation or repair of the object
1.5.
“Owner” refers to
any person or group of persons who request the book restoration or conservation
services of the Redbone Bindery. This may be the actual owner of the object or
a person who represents the owner.
1.6.
“Offer” refers to
the written description of the task as suggested by the book conservator and
includes a price indication.
1.7.
“Object” refers
to any object, normally a book, print, map, storage box or folder, given by the
client to the book conservator for conservation.
1.
General Policies
1.1.
These policies
apply to agreements between the book conservator and the client.
1.2.
If any change is
made to a clause herein, written agreement is required.
1.3.
The book
conservator shall handle all objects with care.
1.4.
The book
conservator shall treat the object to the best of her ability.
2.
Offers
2.1.
All offers are
free of charge and without obligation unless otherwise indicated on the offer
itself.
2.2.
Any written offer
required with information other than the information normally provided by the
book conservator shall be charged accordingly. Please ask for details.
3.
Agreements
3.1.
All agreements
are bound by a written description of the task given by the book conservator
and accepted by the owner. This is called the offer.
3.2.
The book
conservator reserves the right to ask for partial or total payment at any time
during the implementation of the task. If payment is not received upon request, the book conservator reserves
the right to postpone the completion of the task until such time as the owner
pays.
3.3.
The owner is
responsible for giving an accurate description of the state of the object to
the book conservator prior to sending the book to the bindery. If the owner
knows of any damage to the object that may affect the treatment of the object,
he/she must inform the book conservator as soon as possible.
3.4.
Any changes to the
object between the time of the offer and the time that the book conservator
receives the object allow the book conservator the right to end the contract.
In this instance, the owner must pay for any expenses the book conservator may
have incurred up until that point.
3.5.
The owner is
responsible for all shipping costs to and from the bindery if the contract ends
prematurely.
4.
Intellectual Property and Advice
4.1.
The book
conservator reserves the right to publish designs, drawings, photographs and
samples which were made during the completion of the task. These may be used by the book conservator for
business promotional activities as well as for publication in relevant
journals.
4.2.
The book
conservator is not liable for any advice given.
5.
Changes to the
Task
5.1.
If the owner
requests changes to the task, then a new offer must be issued.
5.2.
If the book
restorer encounters an unforeseen structural problem, she reserves the right to
issue a new offer.
5.3.
Higher costs
associated with unforeseen structural problems are to be paid by the owner. The
book restorer reserves the right to postpone completion of the task until such
time as the client agrees to the new offer. If the client does not agree to the new offer, the book
restorer will return the object to the owner in its unfinished condition. The owner is responsible for paying for
all work done to the object up to that point.
5.4.
If a change is
made to the offer, the book restorer reserves the right to postpone the
deadline.
5.5.
The book
conservator reserves the right to deviate slightly from the material described
in the offer if she decides that a better outcome will result.
5.6.
The book
conservator reserves the right to deviate slightly from the methods described
in the offer if she decides that a better outcome will result.
6.
Prices
6.1.
The quoted price
will be, unless otherwise specified, cost before taxes, but including all
material and labour costs. The
quoted price will be exclusive of any possible insurance, transportation and
packing.
6.2.
The book
conservator reserves the right to adjust the quoted price either up or down in
response to any significant and uncontrollable changes in expenses. These may include currency
fluctuations, tax changes, import costs, and changes in market price of
materials
7.
Deadlines
7.1.
Deadlines are
only suggestions and should never be interpreted as legal deadlines.
7.2.
The task is
considered completed at the moment that the book conservator contacts the
client to inform him of the completion of the task. At that moment, the responsibility and risks associated with
continued storage of the object at the bindery are the responsibility of the
owner.
7.3.
If the client
does not retrieve the object within 10 days of contact, the book restorer
reserves the right to charge a storage fee.
8.
Arrival of Object
at the Bindery, Transportation and Packing
8.1.
The object shall
be unwrapped by both the book conservator and the owner. If the owner is not present, the book
conservator is not liable for any damage done to the object upon unpacking. If
the owner is not present while the object is being unpacked, the book
conservator reserves the right to describe the state of the object.
8.2.
Transportation of
the object in any way is the liability of the owner, regardless of what any
shipping documents may indicate.
9.
Subcontracting to
a Third Party
9.1.
The book
conservator reserves the right to subcontract in whole or in part the
restoration/conservation of the object as long as she communicates this to the
client beforehand and no objection is made about it within a reasonable amount
of time.
10.
Liability
10.1.
The Redbone
Bindery is not liable for damage to an object incurred during transport, while
the object is being worked on, or while the object is in storage at the
Bindery. The client is requested
to insure the object before it is brought to the bindery.
10.2.
In the case of an
object that is fragile due to poor quality materials or aging, the book
conservator is not liable for any damage she may initiate while working on that
object. The object may incur extra
costs due to this fragility. The
book conservator will work to the best of her ability to keep this sort of
damage to a minimum.
10.3.
If the book
conservator breaches the contract, her liability is capped to a maximum of the
offer price.
10.4.
The book
conservator is not liable for any damage caused as a result of third party
(sub)contract arranged by the bindery, nor is she responsible for acts of god
10.5.
The book
conservator is not liable for consequences that may occur because of advice
given.
11.
Reclamation
11.1.
The owner is
responsible for inspecting the object or objects before and directly after the
work has been completed, pointing out right away where any imperfections may
be.
11.2.
The owner is
assumed to have accepted the treated state of the object if he hasn’t objected
within two weeks of reclaiming possession of the the object once the work is
completed. If he/she does object,
the objection must be presented to the book restorer in writing.
11.3.
The book
conservator must be able to check the object immediately if the owner objects
to the work.
11.4.
The book restorer
shall have the first opportunity to fix any problems. If the book conservator turns down this offer to fix the
problem, then she is liable to pay the reasonable costs of repair by another
book restorer up to a maximum of the original quoted price.
12.
Acts of God
12.1.
This clause gives
the book restorer the right to end a contract or delay the completion of the
contract until such time as the act of god is over.
12.2.
An act of god may
include disability, natural disaster, delays in transportation, strikes, riot, war,
and other types of disaster, and more general situations outside of the sphere
of influence of the book restorer.
13.
Cancellation
13.1.
The owner may end
the contract at any time. In this case, he is responsible to pay the costs or
portion of costs up to that point.
13.2.
The client is
responsible to pay for any possible loss of profit if the book conservator has had to turn down other work
because of scheduling.
13.3.
The client is
responsible for paying the book restorer for any expenses incurred as a result
of the contract or the ending of the contract.
14.
Rights of Retention
14.1.
The book restorer
reserves the right to keep all objects until the costs and payment have been
honoured.
14.2.
The book restorer reserves the right to sell the
objects if the client doesn’t pay within 30 days of a warning.
15.
Payments
15.1.
The client must
pay cash for receipt of object unless another agreement was reached. Any other agreed upon form of payment
must have been received by the book conservator before the owner picks up
his/her object. If it has been agreed that payment can take place separately
from the pick up of the object, and no other term of payment has been discussed
then the client must pay within 14 days of receipt of object.
15.2.
If the owner
fails to pay on time and the book conservator incurs expenses as a result of
this late payment, the owner is liable for these expenses.
15.3.
The book
conservator reserves the right to take back the object if the client does not
pay. The book conservator reserves
the right to enter the place where the object is or where it is reasonable to
expect the object to be.
16.
Appropriate
Rights and Disputes
16.1.
On all contracts,
English shall be the language of use.
16.2.
All disputes
shall be governed by the laws of Ontario and the federal laws of Canada as
applicable.
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