Terms and Conditions for Valuations

Julian Wilson Rare Books Limited is a business that specialises in valuing books and manuscripts and other associated Items such as documents, drawings, photographs, broadsides, ephemera, maps and prints.

These terms and conditions (“Terms”) set out all the terms of agreement other than price on which we supply Services to you.

These Terms will apply to any Contract between us for the provision of valuations (“Service” or “Services”) to you (“Contract”). Please read these Terms carefully as they tell you how we will provide the Services to you, how you and we may change or end the Contract, what to do if there is a problem and other important information.

By providing us with instructions and engaging us to provide Services, you are deemed to have accepted these Terms and they will form part of our Contract with you.

We amend these Terms from time to time. Please check these Terms as available on our website, to ensure you understand the Terms which will apply at that time as these Terms will apply to the Contract between you and us. The current Terms in force will be available on our website.

In some areas you will have different rights under these Terms depending on whether you are a Business Customer or Consumer.

You are a Consumer if:

• you are an individual; and
• you are buying Services from us wholly or mainly for your personal use (not for use in connection with your trade, business, craft or profession).

If you are a Business Customer these terms constitute the entire agreement between us in relation to your purchase of our Services. You acknowledge that you have not relied on any statement, promise, representation, assurance or warranty made or given by or on behalf of us which is not set out in these terms and that you shall have no claim for innocent or negligent misrepresentation or negligent misstatement based on any statement in this agreement.

Information About Us

Julian Wilson Rare Books Limited (“We”/”Our”/”Us”), is a company registered in England and Wales under company number 16191126. Our registered office is at 1st Floor, 8 Bridle Close, Kingston upon Thames KT1 2JW.

Our trading address is Flat 4 Lakeview Court, 418 Wimbledon Park Road, London SW19 6PP. We operate the website www.wilsonrarebooks.com 

You can contact us by telephoning us at +44 (0)7500 105884 or by writing to us at julian@wilsonrarebooks.com. If we have to contact you we will do so by telephone or by writing to you at the email address or postal address you provided to us in the letter of appointment. When we use the words “writing” or “written” in these terms, this includes emails.

Purchase of Valuation Services

Once your request for our Services has been received by us, we will send you our letter of appointment setting out your reference number, time and date of appointment, the purpose and basis of the valuation, the price quoted together with any incidental charges and other requests as specified by you. You must then sign and return a copy of the letter of appointment, which must be accompanied by these terms. Our acceptance of your order for Services will take place when you return to us a signed and dated copy of the letter of appointment and terms and once we email you to confirm acceptance of your order for Services (“Contract”), at which point a Contract will come into existence between you and us.

Our Valuation Services

We will inform you of our fees for the Services via telephone, letter or email for your agreement prior to entering into this Contract.

If you do not allow us access to your property to perform the Services as arranged (and do not have a good reason for this) we may charge you additional costs incurred by us as a result. If, despite our reasonable efforts, we are unable to contact you or re-arrange access to your property we may end the Contract.

Our Services and the reports we write are prepared for the client or agent to whom they are addressed for their specific purposes – a report may not be relied upon or used by any other person or for any other purpose other than that stated on the title page and certificate of the report. We will not accept responsibility or incur any liability if any report which we prepare is used, or relied upon, by anyone else.

Unless otherwise documented by us in writing, our Services and the reports we write are accurate as of the date they have been issued by us. If you wish to rely on any report or Service in future, we make no representations or warranties as to its accuracy and shall have no liability to you whatsoever for this. Any report or Service we provide to you should be updated regularly or should changes in market conditions dictate.

You represent and warrant that, when requesting us to provide the Services, you are entitled to, or duly authorised to, have the relevant property valued. In issuing a valuation report, we express no opinion as to the ownership of the items being valued.

For items which are no longer available in the retail market, the basis of our valuation for insurance purposes will be that of the replacement value of a similar item in the retail market.

If you request items valued on a basis other than that agreed at the time the Contract was entered into, you agree to make this known to us expressly in writing.

If you require any changes to the Services, you may be liable to pay additional charges for any such changes.

We shall carry out the Services on your behalf and you authorise us to do so. If you are carrying out these Services on behalf of any other person or entity, you represent and warrant to us that you are duly authorised to enter into this Contract with us.

We shall use all reasonable endeavours to meet any dates specified, but any such dates shall be estimates only and time shall not be of the essence for performance of the Services.

You shall be responsible for ensuring that all items and/or goods to be valued are adequately insured.

In issuing reports, we express no opinion as to the commercial value of the exploitation of the intellectual property or other rights attaching to the items valued.

You agree not to call upon us to give evidence in legal or other proceedings concerning the contents of the valuations made without obtaining our prior written agreement. We will take reasonable steps to justify the valuations prepared for tax purposes in response to enquiries made by HMRC.

Your Rights To Make Changes

We will let you know if the change is possible. We will let you know about any changes to the price or anything else that would be necessary as a result of your requested change and ask you to confirm whether you wish to go ahead with the change.

Our Rights To Make Changes

We may change the Services:

• to reflect changes in relevant laws and regulatory requirements; and
• to implement minor improvements. These changes do not affect your use of the Services.

Providing The Services

We will begin the Services on the date agreed with you in the Contract and the Services will be provided using reasonable care and skill.

If our supply of the Services is delayed by an event outside our control then we will contact you as soon as possible to let you know and we will take steps to minimise the effect of the delay. Provided we do this we will not be liable for delays caused by the event, but if there is a risk of substantial delay you may contact us to end the Contract and receive a refund for any Services you have paid for but not received.

We may need certain information from you so that we can supply the Services to you, for example, your property details. If so, this will have been told to you over the telephone or over the course of email exchanges. We will contact you to ask for this information. If you do not give us this information within a reasonable time of us asking for it, or if you give us incomplete or incorrect information, we may either end the Contract or make an additional charge of a reasonable sum to compensate us for any extra work that is required as a result. We will not be responsible for supplying the Services late or not supplying any part of them if this is caused by you not giving us the information we need within a reasonable time of us asking for it.

If, while carrying out the Services, it is considered by us a need for a subsequent visit, further research or a visit by a fellow specialist is required, this will be discussed with you and you will be made aware of any additional costs.

We will use reasonable endeavours to send you by PDF via email, a draft of our report within 20 working days of the valuer’s visit. We will let you know in advance in the event of any delays. You must review and return the report to us by special delivery with annotations and comments within 10 working days. If you need to discuss any points, please call us, and we will use all reasonable endeavours to incorporate any changes and or amendments and send you one illustrated bound copy and PDF of the valuation report within 10 days of receiving the returned draft.

It is standard practice with valuations of books, particularly with large collections of books and libraries, not to provide images of the books within valuation reports. However, if the valuation is of a small number of volumes that enables the insertion of images into the valuation report to be practicable, these will be provided if requested. The provision of images will be discussed prior to creation of the Contract.

We may have to suspend the supply of Services to:

• deal with technical problems or make minor technical changes; or
• update the Services to reflect changes in relevant laws and regulatory requirements; or
• make changes to the Services as requested by you or notified by us to you.

Your Rights to End the Contract

If you are ending a Contract for a reason set out at (a) to (d) below the Contract will end immediately and we will refund you in full for any Services which have not been provided and you may also be entitled to compensation. The reasons are:

• (a) we have told you about an upcoming change of significant effect to the Services or these terms which you do not agree to;
• (b) there is a risk that supply of the Services may be significantly delayed because of events outside our control;
• (c) we have suspended supply of the Services for technical reasons, or notify you we are going to suspend them for technical reasons, in each case for a period of more than 48 hours; or
• (d) you have a legal right to end the Contract because of something we have done wrong.

A Consumer’s Right to Change Their Mind (Consumer Contracts Regulations 2013)

For most services bought by Consumers at a distance or off-premises you have a legal right to change your mind within 14 days and receive a refund. You should consult the above Regulations to see if our Contract with you is an off-premises or distance Contract. Broadly, such Contracts arise when we enter into a Contract with you and the Contract is concluded either in our physical presence but away from our usual business premises or where the Contract is concluded in circumstances where you are not in our physical presence. The cancellation period will expire after 14 days from the day of the conclusion of the Contract. Please note that where you have specifically requested that we provide services to you within 14 days of entering into our Contract, you will be responsible for fees and charges incurred by us up until the date of cancellation – please see further information below. You do not have the right to change your mind for Services once they have been completed, even if the cancellation period is still running.

Please note as follows:

• (a) You have 14 days after the date we email you to confirm our Contract to change your mind. However, once we have completed the Services you cannot change your mind, even if the cancellation period is still running. If you cancel after we have started the Services, you must pay us for the Services provided up until the time you tell us that you have changed your mind.
• (b) To exercise the right to cancel, you must inform us of your decision to cancel by a clear statement (e.g. a letter sent by post or email using our contact details in these terms and conditions).
• (c) If you cancel this Contract, we will comply with our obligation to reimburse all payments received from you. However, you agree to paying or incurring liability to pay sums to third parties in relation to this Contract and you agree that if you cancel we will not reimburse any sums which we have paid or incurred liability to pay to a third party with your authority.
• (d) If you request us to begin the performance of the Services during the cancellation period, you will pay us an amount which is in proportion to what has been performed until you have communicated to us your cancellation of this engagement, in comparison with the full coverage of the Contract.
• (e) We will begin the performance of our Services before the expiration of the cancellation period if you so request expressly in writing or by email. Your signature to this Contract will be such a request, unless you tell us in writing or by email not to begin performance. You acknowledge that you will lose the right of cancellation if our Services are fully performed during the cancellation period.

Other than in the circumstances stated above (which apply only where you are a Consumer and in certain circumstances as described above), in the event you cancel the Contract or postpone a valuation the following cancellation fees will apply:

• (a) up to a week before the appointment – 50% of quoted fee
• (b) up to 48 hours before the appointment – 75% of quoted fee
• (c) less than 24 hours before the appointment – 100% of quoted fee

How to End the Contract With Us

To end the Contract with us, please let us know by calling +44 (0)7500 105884 or email us julian@wilsonrarebooks.com

Our Rights to End the Contract

We may end the Contract if you break it. We may end the Contract at any time by writing to you if:

• (a) you do not make any payment to us when it is due and you still do not make payment within 1 business day (a day other than a Saturday, Sunday or public holiday in England when banks in London are open for business) of us reminding you that payment is due; or
• (b) you do not, within a reasonable time of us asking for it, provide us with information that is necessary for us to provide the Services.

If we end the Contract in the situations set out above we will refund any money you have paid in advance for Services we have not provided but we may deduct or charge reasonable compensation for the net costs we will incur as a result of your breaking the Contract.

If There is a Problem With the Services

If you have any questions or complaints about the Services, please contact us. You can telephone us at +44 (0)7500 105884 or write to us at julian@wilsonrarebooks.com

Price and Payment

Our fees for undertaking Services will vary with the scope and size of the Services required, and will be discussed with you in advance of creating the Contract.

In the letter of appointment or in the course of email exchanges, we will set out reasonable expenses to carry out the Services. We reserve the right to increase the price, with your prior agreement, if for any reason there is an increase in the cost between your booking date and the date of the Contract.

If taxes are applicable and the rates of those taxes change between your order date and the date we supply the Services, we will adjust the rate of tax that you pay, unless you have already paid for the Services in full before the change in the rate of tax takes effect.

You must make an advance payment of 50% of the price for the Services, before we start providing them. This will be invoiced to you. We will invoice you for the balance of the Services with the draft valuation. You must pay each invoice by return or within 3 working days.

If you are a Business Customer you must pay all amounts due to us under these terms in full without any set-off, counterclaim, deduction or withholding (other than any deduction or withholding of tax as required by law).

How we may use Your Personal Information

We will only use your personal information as set out in our Privacy Policy.

Other Important Terms

These terms are governed by English law and you can bring legal proceedings in respect of the Services in the English courts.