Insurance Valuation Terms & Conditions

These terms were last updated on 16th May 2018.

1.1. These terms and conditions (“Terms”) govern the relationship between you and Amati Instruments Limited, a company incorporated in England and Wales with registered office at 4 Prince Albert Road, London, NW1 7SN, United Kingdom and with registered number 08506963 (“we”, “us”) in respect of our provision and your use of the online valuation service (“Valuation Service”) on our website www.staging.amati.com (“Website”). Your use of our Website in general shall be governed by our terms and conditions of website use and, should you wish to participate in one of our auctions, such participation shall be governed by our auction terms.

1.2. By:

1.2.1 using the Valuation Service; and/or

1.2.2. checking the “I have read and agree to the Valuation Terms and Conditions”
box on the Website, you are agreeing to these Terms. If you do not agree to these Terms you may not use the Valuation Service.

1.3. You may not use the Valuation Service if you are under the age of 18 years old. By agreeing to these Terms, you represent that you are at least 18 years old.

1.4. We may modify or replace these Terms at any time to reflect changes in the law, or to meet regulatory requirements and will endeavour to notify you of these changes, although please also check these Terms periodically for such changes. If we make substantive changes to these Terms for any other reason, we will endeavour to notify you of such changes. Your continued use of the Valuation Service following the posting of any changes to these Terms and/or, when you log into your account, or by checking the “I have read and agree to the Terms and Conditions” box on the Website, constitutes your acceptance of such changes. If you do not agree to such changes, you should not use the Valuation Service.

2.1. The Valuation Service enables users to provide us with details of their musical instruments (“Instruments”) in order for us to provide a valuation of those Instruments (“Valuation”).

2.2. You can apply for a Valuation by completing our online form and paying a one-off fee (“Valuation Fee”). Once you have submitted the online form, we will confirm your request for a Valuation via email to the address provided.

2.3. Once we have confirmed your application for a Valuation, we will undertake the Valuation and deliver the Valuation to you via email as soon as reasonably practicable, and will endeavour to meet any timescale estimates provided to you in our confirmation email.

2.4. We reserve the right at any time to modify, suspend or discontinue, temporarily or permanently, the Valuation Service for any reason with or without notice, however we will complete all Valuations which have been confirmed.

2.5. If we do not confirm a Valuation, or if we cancel a Valuation, and you have already paid the Valuation Fee, we will give you a refund equal to the Valuation Fee that you have paid. You agree that we shall not otherwise be liable to you or to any third party for any loss caused by modification, suspension or discontinuance of the Valuation Service.

2.6. The Valuation Service may be suspended or restricted occasionally to allow for maintenance, repairs, upgrades, or the introduction of new functionality or services. Further, due to the inherent nature of the internet, errors, interruptions and delays may occur on our Website at any time.

2.7. You are responsible for making all arrangements (including technical arrangements) necessary for you to access the Valuation Service.

3.1. Subject to paragraphs 3.2 to 3.5 (inclusive), we will use reasonable skill and care when preparing a Valuation.

3.2. You acknowledge that:

3.2.1 all Valuations are carried out solely on the basis of the information, photographs and other materials you provide to us, and you warrant that
all such information you provide to us is true, accurate, up to date and not misleading in any way;

3.2.2 we have no responsibility or liability for keeping or returning any information, photographs or other materials that you send to us in order for us to prepare Valuations;

3.2.3. we do not carry out any additional due diligence on Instruments when making Valuations;

3.2.4. Valuations are intended for approximation purposes only and do not constitute warranties or statements of authorship or value of any kind;
and

3.2.5. any Valuations given are subject to re-evaluation after the Instrument is
examined in person by a specialist.

3.3. Your Valuation has been prepared for you for insurance purposes. However, you acknowledge that Valuations are subjective by nature and are given only as an opinion. A Valuation is not a representation or warranty as to the actual price that an Instrument may achieve at auction.

3.4. We will not be liable to you on the basis that you disagree with a Valuation that we have provided.

3.5. If at any point you request a future Valuation, you must resubmit all of the information requested.

4.1. Our Valuation Fee is currently £50 per Valuation. If the Valuation Fee changes, we will set out details of such changes on the Website. We will confirm the applicable Valuation Fee at the time when you apply for a Valuation.

4.2. You can pay the Valuation Fee using your credit or debit card, or using any other payment method accepted by us from time to time. Where you pay by credit of debit card, you confirm that the card is yours and that there are sufficient funds or credit available to cover the Valuation Fee.

4.3. Billing will take place once we have sent you a confirmation email pursuant to paragraph 2.2, or slightly afterwards.

4.4. The Valuation Fee and all other charges on our Website are inclusive of VAT unless otherwise stated.

5.1. If you are an individual acting for purposes which are wholly or mainly outside your trade, business, craft or profession and you request a Valuation, you have a right to cancel the contract between us pursuant to the Consumer Contracts (Information, Cancellation and Additional Charges Regulations) 2013.

5.2. Your statutory right to cancel lasts for 14 days starting on the day after you receive the confirmation email from us in accordance with paragraph 2.2. You can exercise your right to cancel by: (i) using the model cancellation form at the end of these Terms; (ii) writing to us at Amati Instruments Limited, The Granary, Llancayo Court, Usk, Monmouthshire, NP15 1HY; or (iii) emailing us at [email protected].

5.3. In agreeing to these Terms you expressly request that we commence our service to provide a Valuation to you within the statutory 14-day cancellation period.

5.4. Once we have completed the Valuation, you will have no right to cancel the Valuation, and if we have commenced the Valuation pursuant to your request above and you cancel within the statutory 14-day cancellation period, you will have to pay for the costs of the services that we have provided up until the point at which we receive notification that you wish to exercise your right to cancel.

6.1. As between us and you, and subject to these Terms, you will own all material, including information, data, text, graphics, images and other content (collectively, “Content”) you provide to us and/or others while using the Valuation Service (“your Content”).

6.2. You agree that all Content, other than your Content, contained in or delivered via the Valuation Service or otherwise made available in connection with the Valuation Service (collectively, “our Content”) is owned by us or our licensors and is protected by copyright, trade mark and/or other intellectual property and other proprietary rights and laws. You shall use our Content exclusively for purposes that are permitted by these Terms and any applicable laws and regulations. Any rights not expressly granted in these Terms are reserved.

6.3. You agree and acknowledge that the AMATI trade mark is our property and agree not to challenge either our ownership or use of the AMATI name or our registration of the AMATI trade mark (except on the basis of non-use).

6.4. You acknowledge and agree that your Content will be true, accurate, current and complete and not misleading in any way.

6.5. You hereby grant to us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, transferable right and licence to use your Content in order to provide you with a Valuation.

6.6. You are solely liable for your Content, and represent and warrant that you have all rights, power and authority necessary to grant the licence under paragraph 6.5, and that your Content:

6.6.1. does not infringe the rights of any third party;

6.6.2. complies with all applicable laws and regulations;

6.6.3. is not unlawful, harmful, threatening, harassing, defamatory, obscene, libellous, invasive of another’s privacy;

6.6.4. does not involve impersonating any person or entity, or falsely stating or misrepresenting your affiliation with a person or entity; and

6.6.5. does not contain software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment.

6.7. You acknowledge and agree that we may store your Content and may also disclose your Content for any reason if we deem this to be necessary (under law or for any other reason).

7.1. Save as expressly set out in these Terms, we exclude to the fullest extent permitted by law all warranties and conditions, whether express or implied by statute, common law or otherwise.

7.2. Nothing in these Terms shall operate to exclude or limit the liability of a party in respect of death or personal injury resulting from that party’s own negligence, for fraud or for any liability that cannot be excluded or limited under applicable law.

7.3. We shall not be liable to you in contract, tort (including negligence) or otherwise for any indirect or consequential losses, or for any loss of profits, loss of goodwill, loss of revenue, loss of business or loss of anticipated savings.

7.4. Subject to paragraphs 7.2 and 7.3, our liability to you in contract, tort (including negligence, breach of statutory duty, misrepresentation or otherwise) or for any other cause of action arising by reason of or in connection with these Terms shall not exceed a total aggregate amount equal to the Valuation Fee paid.

8.1. Notices to you may be sent via either email or regular mail to the address you have provided to us.

8.2. Any notice from you to us shall be sent in writing to us at the address set out in paragraph 1.1 above.

9.1. These Terms contain the entire agreement between us and you relating to the Valuation Service and supersede any previous agreements, arrangements, undertakings or proposals, whether written or oral, between us and you relating to the Valuation Service. You confirm that you have not been induced to enter into a contract on these Terms by any prior representations, whether written or oral, except as specifically reproduced in these Terms and you hereby waive any claim for breach of any such representations which are not specifically reproduced in
these Terms.

9.2. We can assign, sub-contract and/or otherwise transfer any or all of our rights and/or obligations under these Terms to any company, firm or person. We can only do this if it does not affect your rights under these Terms. You may not assign, sub-contract and/or otherwise transfer your rights or obligations under these Terms to anyone else except with our written consent.

9.3. These Terms are personal to you and no third party is intended to benefit under these Terms.

9.4. If we are prevented, hindered or delayed from providing a Valuation owing to circumstances beyond our reasonable control, we shall have no liability in respect of any delay in provision or any non-provision of such Valuation, and any timescale estimates for provision of a Valuation shall be extended correspondingly.

9.5. If you fail to comply with these Terms and we take no action against you, we will still be entitled to enforce our rights against you in relation to that breach and to use our rights and remedies in any other situation where you breach these Terms.

9.6. All or any part of any term of these Terms that is found to be unfair or unenforceable by a court of competent jurisdiction will be treated as deleted and the remainder of the Terms will continue to govern each of our respective obligations.

9.7. English is the only language in which these Terms are offered.

9.8. These Terms are governed by and interpreted in accordance with the laws of England and Wales (or the laws of Scotland or Northern Ireland if you live there). If you choose to bring proceedings in connection with these Terms you must do so in the courts of England and Wales, unless you live in Scotland, in which case you can choose to bring proceedings there, or in Northern Ireland, in which case you can choose to bring proceedings there.

The following model cancellation form should only be used if you are entitled to a statutory right to cancel as described in paragraph 5.

(Complete and return this form only if you wish to withdraw from the contract)
To: Amati Instruments Limited, The Granary, Llancayo Court, Usk, Monmouthshire, NP15 1HY
Email: [email protected]
I/We [*] hereby give notice that I/We [*] cancel my/our [*] contract of sale for the supply of
the following services [*]
Ordered on [*]/received on [*]:
Name of consumer(s):
Address of consumer(s):
Signature of consumer(s) (only if this form is notified on paper):
Date:
[*] Delete as appropriate