Terms and Conditions of Submission
The process by which Pest Control Office Ltd ("PCO") issues Certificates of Authenticity for eligible and authentic artworks created by the artist Banksy (the "Artist") is subject to the following terms and conditions.
Certificate of Authenticity
1.
You understand that submission to PCO of the details of an artwork does not in any way oblige PCO to issue a Certificate of Authenticity, nor does it give you a right to enforce any such obligation on PCO to do so. A Certificate of Authenticity will only be issued subject to:
1.1
PCO verifying, at its sole discretion, that the artwork is eligible to receive a Certificate of Authenticity;
1.2
PCO verifying, at its sole discretion, that an artwork is an authentic work by the Artist;
1.3
PCO receiving the appropriate payment from you; and
1.4
these terms and conditions.
Eligibility of artwork for authentication
2.
PCO may determine at its sole discretion whether an artwork submitted herein is eligible for authentication.
3.
An artwork can be determined to be ineligible for authentication by PCO at any stage of the authentication process, until such time as PCO notifies you that they agree to issue a Certificate of Authenticity in relation to that artwork.
4.
Street art (that is, an artwork which may or may not have been created by the Artist in a public space and/or has subsequently been removed from the public space) and any other works which are not intended to be for commercial purposes, as solely determined by PCO, are not eligible for authentication by PCO.
Authentication process
5.
Once you have submitted all of the information required by PCO as set out in the authentication submission form, PCO will make an initial assessment of the artwork on the basis of the information provided by you.
6.
PCO aims to make the initial assessment within 60 (sixty) days of your completion of the submission, but this may take longer to complete. You are entitled to request PCO withdraw your submission at any time by emailing [email protected]
7.
PCO may require additional information from you in relation to the artwork. If you do not supply the requested information, PCO may not be able to determine whether the artwork is authentic.
8.
PCO may ask to inspect the artwork to determine its authenticity. In the event PCO asks to inspect the artwork:
8.1
you agree to deliver the artwork to PCO in accordance with, and subject to, these terms and conditions and such further terms and conditions as PCO may notify to you from time to time. If you do not agree to deliver the artwork to PCO in accordance with these terms and conditions, PCO may not be able to determine whether the artwork is authentic;
8.2
PCO will arrange for collection of the artwork from the address you have provided in the submission form. All costs and expenses of collection of the artwork from you, delivery to PCO, and return shipment to you will be at your cost. PCO will notify you of the relevant costs, including insurance, which you agree to pay direct to the courier in advance of collection of the artwork. PCO is not obliged to disclose the location at which the artwork will be held for inspection;
8.3
you are solely responsible for ensuring that the artwork is sufficiently packed to ensure it is not damaged in transit to us or on return to you. PCO will only use the packing materials you provide to us to return the artwork to you and will not be responsible for any loss of or damage to the artwork, except where such loss or damage arises as a direct result of our negligence while the artwork is in our possession;
8.4
any claim for loss or damage to the artwork will require evidence of the condition of the artwork prior to collection. PCO recommends that you take detailed photographs of the artwork for your records before it is packed and collected;
8.5
8.5 PCO aims to inspect the artwork and return it to you within [90 (ninety)] days from delivery to PCO (subject to paragraph 16 below), but this may take longer to complete. You will be notified by PCO when the artwork is ready for return shipment to you. You will also be notified of any additional costs or expenses that may have arisen; and
8.6
PCO is entitled to handle the artwork during inspection as may be reasonably necessary to determine the artwork's authenticity, including but not limited to removing the artwork from its frame, reasonable testing PCO deems necessary, or seeking the opinion of a third party, although PCO shall not be obliged to carry out any of these steps in determining whether to issue a Certificate of Authenticity.
9
Neither PCO's request for further information nor its inspection of the artwork in any way obliges PCO to issue a Certificate of Authenticity nor gives you a right to enforce any such obligation on PCO to do so.
Notification of PCO's decision
10.
Following completion of PCO's assessment of the artwork, you will be notified by email of PCO's decision whether a Certificate of Authenticity can be issued by PCO verifying that the artwork is authentic. Certificates of Authenticity will be issued at PCO's sole discretion. PCO is not obliged to provide reasons or evidence for their decision in the event they determine they will not issue a Certificate of Authenticity.
11.
If PCO notifies you that a Certificate of Authenticity can be issued for the artwork, PCO will provide you with an invoice for payment of either £50 (plus VAT) for artworks which are authentic prints by the Artist or £100 (plus VAT) for authentic original artworks by the Artist.
12.
Within 21 days of receiving payment from you, PCO will send [by courier / Registered post] a Certificate of Authenticity to the address provided on your submission form for the artwork.
Confirmations
13.
You confirm the following:
13.1
you are the sole legal and beneficial owner of the artwork, or are the authorised representative of the legal and beneficial owner(s) of the artwork, and are entitled to provide PCO with the information requested in relation to the artwork;
13.2
the information you provide to PCO, in relation to the artwork or otherwise, is true, accurate and complete to the best of your knowledge and provided in good faith; and
13.3
you agree to be bound to these terms and conditions or are authorised to bind the legal and beneficial owner(s) of the artwork to these terms and conditions, as applicable.
PCO's rights
14.
PCO is entitled to photograph any artwork and to retain and use such photographs and the rights arising therein, including but not limited to the right to publish any such photographs on its website and/or as part the Artist's catalogue raisonne. For the avoidance of doubt, PCO is in no way obliged to include an artwork, whether or not PCO issues a Certificate of Authenticity for any such artwork, in the Artist's catalogue raisonne.
15.
Subject to its Privacy Policy, PCO is entitled to retain for its records all information submitted by you in relation to the artwork.
16.
PCO reserves the right to retain any artwork deemed not to be authentic by PCO and may disclose to third parties PCO's decision regarding any artwork's authenticity. PCO may at its sole discretion [without notification to you] pass information [in relation to an artwork] to the Metropolitan Police Art and Antiquities Unit to investigate as may be appropriate.
17.
PCO reserves the right to revise its opinion on an artwork's authenticity at any time.
Limit on PCO's liability
18.
Subject to paragraph 19, paragraph 20 and paragraph 21, the aggregate liability of PCO, any member of the PCO group, its respective officers, employees, contractors and/or subcontractors under or in connection with these terms and conditions, whether arising from contract, tort (including negligence) or otherwise shall be limited to the lower of:
18.1
the purchase price of the artwork, as stated in your original submission to PCO; and
18.2
£1 million pounds.
19.
Subject to paragraph 21, in circumstances where:
19.1
no Certificate of Authority is issued; and
19.2
no artwork has been delivered by you to PCO (whether in accordance with these terms and conditions or otherwise),

then none of PCO, any member of the PCO group, its respective officers, employees, contractors or subcontractors shall have any liability under or in connection with these terms and conditions, whether arising from contract, tort (including negligence) or otherwise.
20.
Subject to paragraph 21, none of PCO, any member of the PCO group, its respective officers, employees, contractors or subcontractors shall be liable:
20.1
in contract, tort (including negligence) equity or for breach of statutory duty or in any other way for any indirect or consequential losses suffered or incurred by you or any other party arising out of or in connection with these terms and conditions; and/or
20.2
for any honestly held opinion or for information that is reasonably beyond its knowledge or for the opinion of any third party.
21.
The exclusions and limitation of liability set out in paragraph 18, paragraph 19 and paragraph 20 do not apply to liability arising from death or personal injury to persons caused by negligence or anything else which cannot be excluded or limited by applicable law.
22.
In these terms and conditions "indirect or consequential losses" includes:
22.1
loss of profits;
22.2
loss of sales or business;
22.3
loss of agreements or contracts; and/or
22.4
loss of anticipated savings,

in each case, even if such losses were foreseeable or if such entity has been advised of the possibility of such losses.
General
23.
PCO's assessment of any artwork under these terms and conditions does not include any advice pertaining to the investment value of the artwork. PCO shall not be responsible for any future performance of the value of any artwork.
24.
PCO may at any time assign, mortgage, charge, subcontract, delegate, declare a trust over or deal in any other manner with any or all of its rights and obligations under these terms and conditions.
25.
Subject to paragraph 8.1, these terms and conditions constitute the entire agreement between you and PCO and supersedes and extinguishes all previous agreements, promises, assurances, warranties, representations and understandings between you and PCO, whether written or oral, relating to its subject matter.
26.
PCO is entitled to vary these terms and conditions from time to time.
27.
No failure or delay by PCO to exercise any right or remedy provided under these terms and conditions or by law shall constitute a waiver of that or any other right or remedy, nor shall it prevent or restrict the further exercise of that or any other right or remedy.
28.
If any provision or part-provision of these terms and conditions is or becomes invalid, illegal or unenforceable, it shall be deemed deleted, but that shall not affect the validity and enforceability of the rest of these terms and conditions.
29.
These terms and conditions do not give rise to any rights under the Contracts (Rights of Third Parties) Act 1999 to enforce any term herein.
30.
These terms and conditions and any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with them or their subject matter or formation shall be governed by and construed in accordance with the law of England and Wales.
31.
Each party irrevocably agrees that the courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with these terms and conditions or their subject matter or formation.
Check Before You Buy
32.
The process of Check Before You Buy is to occur prior to the sale of the Banksy Artwork. The service is offered as an optional opinion only and should be treated as such.
33.
The Banksy Artwork will have previously been authenticated by Pest Control Office LTD and be accompanied by a Pest Control Office Certificate of Authentication.
34.
You understand that both the buyer and the seller of the Artwork are required to engage in the process.
35.
PCO may ask to inspect the artwork to determine its authenticity. Please refer to clause 8.1.
36.
Following completion of PCO's assessment of the artwork, you will be notified by email of PCO's opinion. Our opinion will be issued at PCO's sole discretion. PCO is not obliged to provide reasons or evidence to support their opinion.
37.
There is a £45 + VAT administration charge for this service. You will not incur a fee if the work is not found to be genuine.
38.
If the buyer and the seller confirm that the transaction has completed, PCO will update the name of the buyer on its database as the current registered owner.
39.
If the work is found to be genuine PCO will swap the old form COA for a new form COA for no additional charge.
40.
You agree that the information you have provided is true and correct. If it is found to be fraudulently provided or inaccurately represented then authentication may be reviewed or retracted at the sole discretion of PCO. Please refer to clause 17.
Change of Ownership
41.
The process of Change of Ownership is to occur after a secondary market transaction has taken place. The service is offered as an optional opinion only and should be treated as such.
42.
The Banksy Artwork will have previously been authenticated by Pest Control Office LTD and be accompanied by a Pest Control Office Certificate of Authentication.
43.
You understand that both the buyer and the seller and current registered owner (if not the seller of the Artwork) are required to engage in the process.
44.
PCO may ask to inspect the artwork to determine its authenticity. Please refer to clause 8.1.
45.
Following completion of PCO's assessment of the artwork, you will be notified by email of PCO's opinion. Our opinion will be issued at PCO's sole discretion. PCO is not obliged to provide reasons or evidence to support their opinion.
46.
There is a £45 (inc taxes) administration charge for this service. This is payable upon application. You will automatically be emailed your payment link. The request will be received to our database once payment has been processed. You will be refunded if the work is not found to be genuine.
47.
If the work is found to be genuine PCO will swap the old form COA for a new form COA for no additional charge.
48.
You agree that the information you have provided is true and correct. If it is found to be fraudulently provided or inaccurately represented then authentication may be reviewed or retracted at the sole discretion of PCO. Please refer to clause 17.