Terms and Conditions
Terms & Conditions of Sale, Commission and Installation
Version 1.0 | Effective date: June 2026 | Registered in England & Wales
These Terms and Conditions govern all sales, commissions, and installations of artworks created by Will Carr Sculpture Ltd (“the Artist”, “we”, “us”). By placing an order, signing a commission agreement, or accepting delivery of a sculpture, the client (“you”) agrees to be bound by these terms. Please read them carefully.
Nothing in these terms affects your statutory rights as a consumer under applicable UK law.
1. Definitions
“Artwork” or “Sculpture” means any kinetic, static, or bespoke metal sculpture created by Will Carr Sculpture Ltd, including works in stainless steel, Corten steel, or other metals.
“Commission” means a bespoke work created to a client’s specification and agreed in writing.
“Installation” means the physical placement, anchoring, and commissioning of a sculpture on-site.
“Public Installation” means any sculpture sited in a publicly accessible location, including parks, public buildings, education sites, healthcare grounds, and similar spaces.
“Private Installation” means any sculpture sited on privately owned or managed land, including residential gardens, private estates, and commercial premises not open to the general public.
2. Orders and Commissions
All orders are subject to availability and written confirmation from Will Carr Sculpture Ltd. A commission is formally accepted only upon receipt of a signed commission agreement and the required deposit.
Commission deposits are non-refundable once design and fabrication work has commenced, as materials and studio time are allocated specifically to each project.
Dimensions, finishes, and design details are agreed at the time of commission. Minor variations may occur during the fabrication process as each piece is hand-crafted; these are inherent to the nature of bespoke metal sculpture and do not constitute a defect.
Lead times quoted are estimates only and may be affected by material availability, engineering requirements, or third-party factors. We will communicate any significant delays promptly.
3. Pricing and Payment
All prices are quoted in Pounds Sterling (GBP) and are exclusive of VAT unless otherwise stated. VAT will be applied at the prevailing rate where applicable.
For commissioned works, a deposit of no less than 50% of the agreed price is required at the time of order confirmation. The balance is due prior to delivery or installation unless otherwise agreed in writing.
For ready-made works, full payment is required before despatch.
We reserve the right to adjust pricing on ongoing projects where material costs increase significantly and without reasonable notice due to market conditions; any such adjustment will be communicated and agreed in writing before work continues.
All work is protected by copyright law and the piece remains the property of Will Carr Sculpture Ltd until payment in full has been received.
4. Delivery, Risk and Title
Risk in the sculpture passes to the client upon delivery or collection, or at the point the sculpture is handed to a third-party carrier arranged by the client.
Title (legal ownership) in the sculpture passes to the client only upon receipt of full cleared payment.
Where delivery is arranged by Will Carr Sculpture Ltd, we will use reasonable care in packaging and transit. However, we are not liable for damage caused during transit beyond our control.
The client is responsible for ensuring that adequate access, ground preparation, and insurance are in place prior to delivery and installation.
5. Installation
Where installation is included within the commission, Will Carr Sculpture Ltd will install the sculpture to our professional standards and in accordance with any agreed engineering or wind-loading specifications.
The client is responsible for ensuring that the chosen site is suitable, including adequate ground conditions, foundation requirements, and access for installation equipment. Where a structural survey or groundworks are required, these are the responsibility of the client unless expressly included in the commission agreement.
For Public Installations, the client or commissioning body is responsible for obtaining all necessary planning consents, permissions, and structural surveys prior to installation. Will Carr Sculpture Ltd can provide supporting documentation (such as wind-load data, materials specifications, and structural calculations) to assist with planning and approval processes, but the legal responsibility for consents rests with the client.
All kinetic sculptures are designed and engineered with wind compliance and public safety in mind. Engineering data and wind resistance specifications can be provided on request and are appropriate for the typical UK environment. It remains the responsibility of the client to verify suitability for any unusual or extreme site-specific conditions.
6. Care, Maintenance and Condition
Each sculpture is supplied with care and maintenance guidance appropriate to its materials (stainless steel or Corten steel). The client is responsible for following this guidance to preserve the condition and longevity of the work.
Corten steel is designed to develop a stable patina over time; surface rust during this process is not a defect and is characteristic of the material.
Kinetic elements are engineered for longevity, but like any mechanical system, moving parts will experience wear over time. Routine inspection and lubrication of bearings and pivot points are part of standard maintenance. Will Carr Sculpture Ltd can advise on or carry out maintenance visits by separate arrangement.
The client should inspect the sculpture periodically and notify us promptly of any damage, unusual movement, or structural concerns.
7. Limitation of Liability
7.1 General Limitation
Will Carr Sculpture Ltd’s total liability to the client in connection with any order or commission shall not exceed the total price paid by the client for the relevant sculpture.
7.2 Third-Party Damage and Acts of God
Will Carr Sculpture Ltd accepts no liability for damage to, or destruction of, a sculpture arising from any of the following causes after risk has passed to the client:
- Acts of God, including but not limited to: storms, floods, lightning, extreme weather events, earthquakes, or any other natural disaster or force majeure event;
- Vehicle collision, impact by machinery, or any other physical impact by a third party;
- Vandalism, criminal damage, or deliberate interference with the sculpture;
- Fire, explosion, or structural failure of the site or surrounding property;
- Inadequate anchoring, foundations, or site preparation where these were the responsibility of the client;
- Failure to follow the maintenance guidance provided;
- Modifications or repairs carried out by any party other than Will Carr Sculpture Ltd without prior written consent.
Clients are strongly advised to ensure that sculptures are covered by appropriate insurance from the point of delivery. For Public Installations, the commissioning body should ensure the artwork is included within its public liability and asset insurance policies.
7.3 Indirect Loss
To the fullest extent permitted by law, Will Carr Sculpture Ltd shall not be liable for any indirect, consequential, or economic loss, including loss of enjoyment, aesthetic or reputational loss, or any costs associated with emergency repair or replacement following a third-party or force majeure event.
7.4 Statutory Rights
Nothing in this clause limits or excludes liability for death or personal injury caused by our negligence, fraudulent misrepresentation, or any other liability that cannot be excluded by law.
8. Public Safety and Ongoing Responsibility
For Public Installations, the client or commissioning body assumes full responsibility for the ongoing safety management of the sculpture once installation is complete, including routine inspection, maintenance, risk assessment, and compliance with any applicable local authority or public safety requirements.
Will Carr Sculpture Ltd recommends that all public sculptures are formally inspected at least annually by a competent person, and that any concerns are reported to us promptly.
Where a public sculpture is damaged (for example, following a vehicle impact or storm damage), the site should be made safe immediately and the sculpture should be taken out of service until it has been professionally assessed. Will Carr Sculpture Ltd is available to carry out damage assessments and repair works by arrangement.
9. Intellectual Property and Artist’s Rights
Will Carr Sculpture Ltd retains all intellectual property rights in its artworks, including copyright, design rights, and moral rights. The purchase or commission of a sculpture does not transfer these rights to the client.
The client may not reproduce, copy, or manufacture any sculpture or derivative work without prior written consent.
Will Carr Sculpture Ltd reserves the right to photograph and document all works for portfolio, promotional, and archival purposes, including works installed on private property, with reasonable prior notice.
For Public Installations, the client agrees that the work may be referenced in Will Carr Sculpture Ltd’s promotional materials, including website, press, and social media, with appropriate attribution.
10. Cancellation and Returns
Orders for ready-made works may be cancelled within 14 days of order confirmation, subject to the sculpture not having been despatched, and a full refund will be provided.
For bespoke commissions, cancellation after commencement of design or fabrication will result in forfeiture of the deposit, as studio time and materials will have been allocated. In the event of cancellation at an advanced stage of fabrication, additional costs incurred may be invoiced.
Returns of standard works are accepted within 14 days of delivery provided the sculpture is returned in its original condition and packaging, at the client’s cost. Bespoke commissions cannot be returned unless faulty.
Where a sculpture is found to be faulty or not as described, please contact us within 30 days of delivery and we will arrange inspection and, where appropriate, repair or replacement.
11. Governing Law and Disputes
These terms and conditions are governed by the laws of England and Wales. Any disputes arising from or relating to these terms shall be subject to the exclusive jurisdiction of the courts of England and Wales.
We aim to resolve any concerns promptly and informally. Please contact us in the first instance at will@willcarrsculpture.co.uk or by calling +44 (0)7792 817950.
12. Contact and Company Details
Will Carr Sculpture Ltd
Weobley, Hereford, HR4 8QR, United Kingdom
Email: will@willcarrsculpture.co.uk
Telephone: +44 (0)7792 817950
Website: willcarrsculpture.co.uk
Registered in England and Wales.
These Terms & Conditions were last reviewed June 2026. Will Carr Sculpture Ltd reserves the right to update these terms; the current version will always be available at willcarrsculpture.co.uk.