TERMS AND CONDITIONS
1.1. The term “Client” shall refer to any person requesting a SmArt Appraisal by the submission of a “Submit Your SmArt Appraisal” form from Company’s webpage.
1.2. The term “Company” shall refer to Bryson Estate and Appraisal Services and any direct or indirect parent or subsidiary of Bryson Estate and Appraisal Services or any another subsidiary of such parent.
1.3. The term “Object” shall mean the personal article to be appraised.
1.4. The phrase “SmArt Appraisal” shall mean an estimated range (high and low estimates) of the value of the Object submitted, as further defined below.
1.5. The term “Price” shall mean the cost of the SmArt Appraisal in accordance with the fees published on the Company’s website at the time the item is submitted by Client. The Company reserves the right to revise fees at all time and to hold special offers and discounts at various times.
1.6. For the purpose of this AGREEMENT, the term “Business Days” shall mean the days on which U.S. banks are open for business.
2. THE AGREEMENT
By the Terms and Conditions presented, Client and Company do hereby agree to enter into this AGREEMENT under which Company will provide Client with a SmArt Appraisal based on information, including but not limited to, photographs and statements of condition, features and history received from the Client.
2.1. Client initiates a request for this AGREEMENT by the act of completely filling out and electronically submitting the form “Submit Your SmArt Appraisal” from http://www.brysonestates.com/smart-appraisal including photographs of the Object and related information to the Company.
2.2. By submitting the form, photographs, and related information, the Client:
(a) accepts of the Terms and Conditions as set out here; and
(b) grants the Company a world-wide non-exclusive, perpetual, royalty-free license on all the material provided.
2.3. Client shall electronically pay the Price to Company.
2.3. The Company reserves the right to refuse to provide an appraisal.
2.4. The AGREEMENT shall only be entered into and come into effect when the Company accepts its obligation to prepare the SmArt Appraisal of the Object; and the Client has paid the Price.
2.5. The AGREEMENT shall consist of these Terms and Conditions, all incorporated by reference. No other documentation, correspondence or any other form of communication shall form any part of the AGREEMENT unless both parties so agree in writing.
3. Company Services
3.1. The Company agrees to email the Client its acceptance to prepare the SmArt Appraisal within 24 hours, during its regular business hours (9:00-3:00 Eastern U.S. time on Business Days) of receiving the submitted request.
3.2. Under this AGREEMENT, the Company shall provide a SmArt Appraisal regarding the Object submitted. This SmArt Appraisal shall consist of an estimated range (high and low estimate) of the value of the Object submitted which in the Company’s opinion could be achieved if the Object were to be sold without reserve on the open market at an international auction with a reputable auctioneer after appropriate marketing and on the basis of your warranties and acknowledgements set out below at the time the SmArt Appraisal is given. The SmArt Appraisal is based, in its entirety, on the photographs of the Object and the statements of condition, distinguishing features and history provided by the Client. Unless otherwise stated in writing, the SmArt Appraisal is based upon a preliminary inspection of the photograph of the item submitted and without any physical inspection, cleaning, restoration, detailed inspection or disassembly and without any research into the item’s background or further tests and analysis. The SmArt Appraisal does not take into account any sale expenses, commissions and taxes, including capital taxes, duties, excises, value added or sales tax, which might apply or become due on a sale or transport of the object. The SmArt Appraisal is a statement of opinion and not fact.
3.3. The Company shall to provide the SmArt Appraisal within ten (10) Business Days after the Client has submitted the completed request, provided all relevant details and information have been submitted before 3:00pm U.S. Eastern Time. If the complete information is submitted after 3:00pm U.S. Eastern Time the Company shall provide the SmArt Appraisal within 10 Business Days from the following Business Day
4. THE SMART APPRAISAL - REPRESENTATIONS AND WARRANTEES
4.1. The Company shall provide no representation, warranty or guarantee in the SmArt Appraisal in respect to the Object’s origin, provenance, attribution, condition, date, age or authenticity.
4.2. The Company shall provide no representation or warranty in the SmArt Appraisal that the Object will realize the amount at which it is appraised upon a contemporaneous or subsequent public or private sale.
4.3. The Company shall not warrant or represent in the SmArt Appraisal that the object estimated value is safe, functioning or fit for the purpose for which it was intended.
5. THE SMART APPRAISAL - COPYRIGHT AND LIMITATIONS OF USE
5.1. The SmArt Appraisal shall remain the copyrighted property of the Company and shall be prepared only for the Client and is not to be used by any other person, or disclosed to any third party (other than the Client's professional advisors) or reproduced or published in any form without the Company’s prior written consent.
5.2. The SmArt Appraisal may not be used for official or formal purposes such as, without limitation, in legal proceedings, insolvency or bankruptcy proceedings, divorces cases, for insurance purposes, or anything such like.
5.3. The Client shall indemnify and keep indemnified for 21 years the Company and its affiliated companies, and its and their servants, employees and officers against all liabilities and expenses incurred by them as a result of any breach of the Limitation of Use provisions by Client or arising from related claims by third parties in connection with the SmArt Appraisal.
5.4. The Client shall have a perpetual non-transferable license to the SmArt Appraisal subject to the Company’s right to revoke or withdraw its SmArt Appraisal.
6. CLIENT’S OBLIGATIONS AND ACKNOWLEDGEMENTS
6.1 The Client shall pay the Price for the SmArt Appraisal to the Company.
6.2 The Client warrants to the Company that he is the owner of the object or is duly and properly authorized by the owner to have the object value estimated.
6.3 The Client warrants that each object submitted for SmArt Appraisal is free from any third party interests, restrictions or claims whatsoever.
6.4 The Client warrants that all material provided is owned by the Client or the Client has the right to use such material and provide it to the Company. The Client indemnifies the Company fully with respect to any breach of this warranty.
6.5 The Client shall provide clear and accurate photos and provide full and accurate information about the object, such as already known authenticity issues, relevant location of the object, provenance, condition, condition issues, previous sales history and any other related information, in the possession or knowledge of the Client, his agents, employees, servants, advisers or his family. Where “family” in relation to a Client for the purposes of the Terms and Conditions means the spouse or civil partner of the Client (including former spouse or civil partner), siblings (including step-siblings), parents (including step-parents), and children (including step-children and adopted children) of the Client or the Client’s spouse or civil partner.
6.6 The Client acknowledges the following statement. The SmArt Appraisal is an estimate that is a matter of reasonable opinion and as such opinions as to value may differ. Particular circumstances affecting the value of an individual object may not be known or foreseeable at the time of the SmArt Appraisal. Values can also fluctuate as a consequence of external circumstances such as (without limitation) changes in the prevailing market conditions for the object or changes in relevant scholarship. In addition, the preliminary nature of the SmArt Appraisal work carried out may mean that the identification, attribution and value of the object might be subject to change on further examination or research by experts at a later stage whether these are internal or external to the Company. Unless otherwise stated in writing, the SmArt Appraisal only reflects an estimate, the inherent characteristics (visible from the photographs provided) of the object being appraised and does not reflect the surrounding circumstances of the object being appraised (such as, without limitation, the object's provenance or place in a wider collection, or the existence of several similar items available for sale at the same time).
7. LIMITATION OF THE COMPANY’S LIABILITY
7.1 The Company shall not be liable for any deficiency (including but not limited to any errors, omissions, erroneous attributions, authenticity issues or inaccurate values) in the SmArt Appraisal as a consequence of:
(a) external circumstances such as (without limitation) changes in the prevailing market conditions for the object, information not publicly available or changes in relevant scholarship;
(b) the surrounding circumstances of the object being appraised (such as, without limitation, the object’s provenance or place in a wider collection, or the existence of several similar items available for sale at the same time);
(c) failure to provide full and accurate information in the knowledge or possession of the Client, his agents, employees, servants, advisers or his family (see clause 5.5 of the Terms and Conditions for the definition of family); and
(d) any other factors that cannot be identified by a reasonable inspection of the photographs received and information received by the Company (including but not limited to factors that can be identified only by a physical inspection of the object).
7.2 Nothing in the Terms and Conditions shall exclude or limit the Company's liability for:
(a) death or personal injury caused by negligence ;or
(b) fraud; or
(c) misrepresentation as to a fundamental matter; or
(d) any liability which cannot be excluded or limited under applicable law.
8. TERMINATION OF THE AGREEMENT - BREACH BY COMPANY
8.1 This AGREEMENT shall teminate with immediate effect, if and when the Company breaches either of clauses 3.1 or 3.2 herein. Upon such termination:
(a) a refund of the price paid for the SmArt Appraisal shall be credited to the Client by the same means through which the Client paid the Company less any administration or other charges made by the Client’s credit card, debit card, bank or other provider; and
(b) the license to the SmArt Appraisal shall be revoked and the Client shall destroy the Appraisal.
9. TERMINATION OF THE AGREEMENT - BREACH BY CLIENT
9.1. This AGREEMENT shall be terminated with immediate effect if and when the Client breaches clause 4.4, 4.5 or any provision of the Conditions of Use, or obtains the SmArt Appraisal in connection with any illegal purpose, in commission of a criminal offence or any other unlawful activity (“Unlawful Conduct”). Upon such termination:
(a) the Client shall not be entitled to a refund on the price paid for the SmArt Appraisal;
(b) the license to the Appraisal shall be revoked and the Client shall destroy the SmArt Appraisal; and
(c) the Client shall pay to the Company an amount equal to the Company’s liability, expenses and costs arising in connection with the Client’s breach of said clauses or Unlawful Conduct.
9.2. There shall be no further liability of the Company to the Client from the date of termination of the AGREEMENT.
10.1 The headings in the Terms and Conditions are inserted for convenience only and shall not affect the construction of the AGREEMENT.
11. RIGHTS OF THIRD PARTIES
11.1 No person who is not a party to the AGREEMENT shall have any rights to enforce any term of the AGREEMENT.
12.1 In the event that any part of the AGREEMENT should be held to be unenforceable for any reason, that term shall be deemed to be not part of the AGREEMENT, the remaining portions of the AGREEMENT shall remain in full force and effect.
13. GOVERNING LAW AND JURISDICTION
13.1 The AGREEMENT shall be construed in accordance with Ohio law.
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