TERMS OF COMMISSION & SALE
James Parker Sculpture Ltd
Our Commitment
At James Parker Sculpture Ltd, our philosophy is rooted in a simple principle: to create enduring works of art that transform their environment and inspire those who encounter them.
We understand that commissioning a sculpture is a significant investment, not only financially, but emotionally. Our commitment therefore extends beyond aesthetics alone. It is a commitment to craftsmanship, technical excellence, careful project management, and clear communication throughout the process.
Whether creating work for a private garden, architectural setting, landscape, or public space, every commission is approached with the same dedication to quality, longevity, and artistic integrity.
These Terms of Commission & Sale are intended to provide clarity, support a smooth creative process, and protect both the client and the integrity of the artwork we create together.
1. Formation of Contract
We believe in maintaining a process that is personal, straightforward, and collaborative. Formal legal contracts are not ordinarily required for most commissions.
Acceptance of Terms
Payment of the initial deposit detailed on the Invoice constitutes acceptance of these Terms of Commission & Sale.
The Agreement
The agreement between James Parker Sculpture Ltd ("We", "Us", "Our") and the Client consists of:
• These Terms of Commission & Sale
• The relevant Invoice and/or Quotation
• Any written scope of works or agreed specifications
• Relevant written correspondence between both parties
Correspondence
As each commission is bespoke, details agreed through email correspondence, including matters relating to dimensions, finishes, access requirements, foundations, delivery logistics, installation arrangements, and timelines, form part of the agreement between the parties.
Order of Precedence
Any specific terms agreed in writing within a Quotation or Commission Agreement shall take precedence over these standard Terms where applicable.
1. Payment Terms
1.1 Deposit
A 50% deposit is required to confirm the commission and reserve production time within our schedule.
Production, material acquisition, and design development will commence only once cleared funds have been received.
1.2 Tailored Payment Structures
Payment structures may vary depending upon the scale, complexity, location, installation requirements, and nature of the commission.
The agreed payment schedule will always be clearly stated within the relevant Quotation or Invoice.
1.3 Typical UK Installed Commissions
For most UK commissions involving personal delivery and installation by James Parker Sculpture Ltd, the following payment structure will ordinarily apply:
• 50% deposit upon order confirmation
• 40% payable prior to delivery or installation
• Remaining 10% payable within 7 days of completion of installation
Completion of installation refers to the point at which the sculpture has been installed and the installation work substantially completed.
1.4 Couriered & Freight-Shipped Works
For sculptures dispatched via courier, pallet network, specialist art transport, or freight carrier, full payment must be received prior to dispatch.
1.5 International Commissions
For commissions exported outside the United Kingdom, the remaining balance must be paid in full prior to export, shipment, or release to shipping agents.
1.6 No Release Prior to Payment
Completed works will not be dispatched, delivered, installed, or released for collection until all sums due have been received as cleared funds in accordance with the agreed payment schedule.
1.7 Late Payments
We reserve the right to suspend production, dispatch, or installation where payments are overdue.
Interest may be charged on overdue balances at a rate of 4% per annum above the Bank of England base rate.
2. Ownership & Title
Retention of Title
Legal ownership of the sculpture shall remain with James Parker Sculpture Ltd until payment has been received in full.
In the event of non-payment, the Client agrees to provide reasonable access for the retrieval of the artwork where legally appropriate.
Cancellation & Deposits
As our work is bespoke and frequently made to order, materials, production time, and scheduling commitments are often incurred shortly after commencement.
Should the Client cancel the commission after production has begun, James Parker Sculpture Ltd reserves the right to retain such proportion of monies paid as reasonably reflects costs incurred, including but not limited to:
• Design and development time
• Material acquisition
• Workshop labour
• Fabrication costs
• Administrative and project management time
• Loss of scheduled production time
Where substantial production has already taken place, this may include retention of the full deposit.
3. Collection, Storage & Failure to Collect
For international shipments, works are generally supplied on DAP (Delivered at Place) terms unless otherwise agreed in writing.
3.1 Collection Period
The Client must arrange payment and accept delivery or collection of the completed work within 28 days of Notification of Completion.
3.2 Storage Fees
Where the Client fails to make payment or accept delivery within this period, we reserve the right to charge storage and insurance fees of £50.00 per week plus VAT.
These fees shall be added to the outstanding balance.
3.3 Right to Resell Uncollected Works
In accordance with applicable UK law and principles relating to unpaid goods:
(a) If the Client fails to complete payment or take delivery within 90 days of Notification of Completion, James Parker Sculpture Ltd may treat the contract as cancelled by the Client.
(b) Written notice will be provided prior to any resale of the artwork.
(c) Following such notice, we reserve the right to resell the sculpture in order to recover losses reasonably incurred, including storage costs, labour, materials, and administrative expenses.
(d) Any monies previously paid may be retained insofar as reasonably necessary to cover such losses and costs.
3.4 Inspection Upon Delivery
The Client must inspect the sculpture upon delivery and notify James Parker Sculpture Ltd within 24 hours of any transit damage or visible defects.
4. Design Approval & Personalisation
For commissions involving inscriptions, engravings, dimensions, or bespoke design details:
Proofing
Where appropriate, drawings, visualisations, technical details, or proofs will be supplied for approval prior to final production.
Client Responsibility
It is the Client’s responsibility to carefully review all approved materials for:
• Spelling
• Grammar
• Dates
• Measurements
• Dimensional accuracy
• General content accuracy
Sign-Off
Once written approval has been received, James Parker Sculpture Ltd shall not be responsible for errors subsequently identified within approved content.
Any remedial work or re-fabrication required after approval may incur additional charges.
5. Production Timelines & Force Majeure
We take pride in careful project management and always endeavour to meet agreed timelines. However, bespoke craftsmanship and external supply chains can occasionally introduce delays outside our control.
Force Majeure
James Parker Sculpture Ltd shall not be liable for delays or failure to perform obligations arising from circumstances beyond our reasonable control, including but not limited to:
• Supply chain disruption
• Shipping delays
• Severe weather
• Industrial action
• Government restrictions
• Pandemic-related disruption
• Material shortages
Limitation Regarding Delays
We shall not be liable for consequential losses arising from delays, including but not limited to:
• Contractor costs
• Crane hire
• Landscaping delays
• Accommodation costs
• Scheduling penalties
6. Installation & Site Readiness
Where installation is being undertaken by James Parker Sculpture Ltd, the Client is responsible for ensuring the site is suitably prepared in accordance with our specifications.
Site Preparation
Our expertise lies in the creation and installation of sculpture rather than general construction or groundwork preparation.
Unless otherwise agreed in writing, the Client remains responsible for:
• Foundations
• Groundworks
• Access routes
• Drainage preparation
• Utility checks
• Removal of obstructions
Incomplete Site Preparation
Where agreed preparatory works have not been completed prior to our arrival, we reserve the right to:
• Postpone or abort the installation
• Charge for wasted labour and travel time
• Re-charge associated expenses reasonably incurred
Remedial Work
Where scheduling permits, we may agree to undertake remedial works necessary to proceed with installation.
Such works shall be treated as a variation to the agreement and charged at the following rates:
• Lead Artist: £100.00 per hour
• Technician / Assistant: £60.00 per hour
Additional expenses, including accommodation, transport, equipment hire, or subsistence costs reasonably incurred as a result of delays, shall be chargeable to the Client at cost.
Spoil Removal
Unless otherwise agreed, disposal of spoil or waste material arising from groundwork remains the responsibility of the Client.
Where requested and logistically practical, we may agree to remove spoil subject to additional labour and disposal charges.
Installation Privacy
To protect installation methods, workshop processes, and the privacy of our team, we respectfully request that installation work-in-progress is not photographed or filmed without prior consent.
Clients are, of course, welcome to photograph the completed sculpture following installation.
7. Planning Permissions & Approvals
Client Responsibility
The Client is solely responsible for determining whether any of the following are required:
• Planning permission
• Listed building consent
• Structural engineering approval
• Landowner consent
• Local authority permissions
Liability
James Parker Sculpture Ltd accepts no liability for costs, delays, penalties, or removal requirements arising from failure to obtain the necessary approvals or permissions.
8. The Living Nature of Materials
We work with materials including slate, bronze, stainless steel, and glass, each of which possesses distinct natural characteristics and responds uniquely to its environment.
Surface Evolution
The appearance of sculptures may naturally evolve over time due to environmental exposure, weathering, oxidation, and handling.
This may include:
• Changes in bronze patination
• Variations in slate tone or texture
• Surface marking
• Environmental staining
• Changes in reflective finishes
Such changes are considered part of the natural character and ageing of the artwork.
Environmental Factors
We accept no liability for aesthetic changes arising from environmental conditions, including but not limited to:
• Coastal salt exposure
• Humidity
• UV exposure
• Pollution
• Water chemistry
• Airborne contaminants
Maintenance
Maintenance guidance may be provided where appropriate. Responsibility for ongoing care and maintenance rests with the Client following installation or collection.
9. Authenticity & Editioning
Certificates of Authenticity
Limited edition bronze works will be supplied with a signed and numbered Certificate of Authenticity.
Certificates for bespoke or one-of-a-kind works are available upon request.
Replacement Certificates
Certificates should be stored securely. Duplicate certificates may not be available for works entering the secondary market.
10. Intellectual Property & Marketing
Copyright
James Parker Sculpture Ltd retains full copyright, design rights, and moral rights in all artwork, models, maquettes, drawings, and finished sculptures.
The sale of a physical sculpture does not transfer any intellectual property rights to the Client.
Reproduction Restrictions
No sculpture, design, or component thereof may be reproduced, scanned, moulded, commercially replicated, or otherwise copied without prior written consent.
Portfolio & Marketing Use
We reserve the right to photograph and use images of completed works for portfolio, editorial, exhibition, website, and marketing purposes.
Where reasonably possible, client privacy and anonymity will be respected and specific private locations will not be identified without permission.
11. Privacy & Confidentiality
Client Confidentiality
We treat client privacy with discretion and professionalism.
Private client names, addresses, and installation locations will not be disclosed to third parties without consent unless required by law.
Non-Disclosure Agreements
We are experienced in working confidentially and are willing to enter into reasonable Non-Disclosure Agreements where appropriate.
12. Limitation of Liability
Nothing within these Terms shall exclude or limit liability where such limitation or exclusion is prohibited by law.
Subject to this:
• James Parker Sculpture Ltd shall not be liable for indirect or consequential losses.
• Liability relating to any commission shall not exceed the total value paid by the Client under the relevant agreement.
13. Governing Law & Jurisdiction
These Terms shall be governed by and construed in accordance with the Law of Scotland.
Any dispute arising from these Terms or related commissions shall be subject to the exclusive jurisdiction of the Scottish Courts.
At James Parker Sculpture Ltd, our philosophy is rooted in a simple principle: to create enduring works of art that transform their environment and inspire those who view them.
We understand that commissioning a sculpture is a significant investment—not just financial, but emotional. Therefore, our commitment to you goes beyond the aesthetic; it is a promise of uncompromising quality, technical excellence, and complete transparency. We approach every commission, whether for a private garden or a public place, with the same dedication to craftsmanship and longevity.
The following terms are set out to provide clarity, ensure a seamless creative journey, and protect the integrity of the artwork we create together.