ACCEPTANCE

It is not necessary for the Client to have signed any document for these terms and conditions to apply. If the Client commissions a sculpture or artwork of any kind from Sapien Studio then the Client will be deemed to have satisfied themselves as to the terms applying and have accepted these terms and conditions in full. Please read these terms and conditions carefully. Any commission or use services implies that you have read, understood and accepted these terms and conditions.

PAYMENT & DEPOSIT

Payment can be made via BACs transfer (Payable to Sapien Studio) Unless otherwise agreed. Sapien will require a 25% deposit (This deposit is non refundable) from the Client to confirm a commission slot before any design work can commence, then 50% to start production and the final 25% on satisfactory completion of the artwork, to be paid before transportation & installation. 

PORTRAYAL OF ARTWORKS

While every effort has been made to portray artworks accurately, slight variations may occur. All measurements quoted are approximate and the reproduction of colours and finishes is as accurate as photographic and publishing processes will allow. Please note there may be variations in colours dependant on the calibration and settings of individual screens.

CANCELATION

If commissioning Clients decide to terminate the service of Sapien after agreeing a commission but before the artwork is completed. Sapien Studio reserves the right to charge the full amount amount of the quotation. If the Client wishes to continue the commission at a later date they will be required to request a new project quotation, sign a new Commission Agreement and pay a further non-refundable deposit.

Our smaller artworks and editions are made to order and so in the event that having placed an order you wish to cancel it, we will unfortunately have to charge a minimum cancellation fee of 50% of the value of the order plus any other delivery or collection fee incurred.

DELAY PENALTIES 

If a project is delayed for any reason once agreed and deposit paid due to the Client circumstances. Sapien reserves the right to charge a ‘delay penalty’ to compensate the time slot allocation in Sapiens schedule and cover any research or design work already carried out. This penalty charge will be calculated accordingly at the sole discretion of Sapien. 

INTELLECTUAL PROPERTY 

Sapien Studio shall be the sole owner of all copyrights and other intellectual property rights in relation to all works designed and created by Sapien, Sapien works for commercial purposes or exhibitions. The commission or purchase of a work created by Sapien cannot be deemed to constitute a license or permission for the Client or Supplier to reproduce, publish, exhibit or commercialise the intellectual property rights of Sapien, unless with express written consent of Sapien to that effect.

If Clients or Suppliers wish to share any images on social media or any other promotional means, express written consent will be required from Sapien. Sapien will not tolerate any unsolicited publishing of visual assets belonging to Sapien. Sapien reserves the right to request, review, edit and delete any content, text and imagery connected to Sapien before any potential publishing. 

CONFIDENTIALITY 

The Client will keep all information received from Sapien confidential, including works, sketches, design proposals and technical drawings, as well as information regarding budgets, quoting’s, offers and other information concerning the company of Sapien. This obligation continues to apply after any termination of the contract. The confidentiality obligation does not apply to (i) information that the receiving party had already legitimately obtained at the time of disclosure, provided such information was not subject to a confidentiality obligation, (ii) information which is already in the public domain without any breach of this confidentiality obligation by the Client. 

The Client shall refrain without the prior written permission of Sapien from making direct or indirect use of his relationship with Sapien for promotional activities or other purposes unless with the express written consent of Sapien.

GENERAL OBLIGATIONS OF THE CLIENT 

If Sapien is contracted to manage the installation the Client shall promptly provide any specific information required by the Artist to be able to create and install the Artwork on the Site, including Site dimensions, photographic material, building plans and drawing, technical information concerning wall or ground construction, electricity points, climate conditions, etc. as well as any information concerning local technical standards that are relevant for the Artwork and the installation on the Site. Responsibility for safe and proper ground work and satisfactory site conditions lie solely with the client. Sapien will not take responsibility for any issues or claims relating to the location and site environment. 

LIABILITY 

Liability of Sapien for defects in the Artwork is limited to situations in which a justified and timely claim has been made by the Client. Any liability of Sapien for defects in delivered Artworks shall furthermore be limited to a period 14 days after the date of delivery and/or installation. This means that complaints for defects, which have been received by Sapien after the aforementioned period of 14 days, cannot lead to any liability of Sapien or to any further obligation to replace or repair the products or to credit the purchase amount. In case the Client has entered into a maintenance contract with Sapien, Sapien will provide additional guarantee under the conditions of the maintenance contract.

Sapien cannot under any circumstance be held liable for consequential damages or indirect or immaterial losses of the Client, such as but not limited to trading losses, consequential losses or demurrage and loss of income and profits, loss of clients or customers, and damage to reputation and/or goodwill.

In all cases where Sapien is obliged to pay compensation for damages, those damages shall never exceed either – to be decided at Sapiens own discretion – the invoiced value of the delivered product and/or rendered services by which or in relation to which the loss has been caused or, if the loss has been covered by Sapiens insurance, the amount actually paid out by the insurer in that regard. 

TRANSFER OF RISK AND RESPONSIBILITY 

Unless otherwise agreed, the risk and responsibility of the artwork will pass automatically to the Client once the artwork is completed and left our workshop facility.

DELIVERY OF GOODS 

When signing for delivery of goods from a courier or transport company, please either check the item with courier, or sign ‘unchecked’. Sapien will not be held responsible for goods damaged during transport, if they are signed for at destination. No Claim regarding damage, shortage or defect will be considered unless reported within 24 hours from receipt of goods.