Terms & Conditions

Terms of Business

Part 1: Terms of Business (Commissions)

Please note that any client commissioning a piece of work from Stuart Murdoch (“the Artist”) agrees to abide by these Terms of Business.

1. Design Process & Engagement

  • The design process can be extensive. For this reason, the cost of design is fully integrated into the overall commission budget, meaning committed clients are not charged extra for active design stages.

  • Before commencing any physical sculptural work, the Artist requires written confirmation (via email or a signed Commission Agreement) stating that the Client is satisfied with the finalised design and instructs the project to proceed.

2. The Design Process & Aborted Project Fees

  • The Artist recognises that the design process is highly personal and can take considerable time, particularly when collaborating on sensitive or memorial works such as a headstone for a loved one.

  • To ensure the design is exactly right, the Artist provides all initial design ideas, sketches, and revisions entirely Free of Charge (FOC), no matter how long the process takes or how many iterations are required. These design hours are entirely absorbed (“lost”) within the overall project budget for completed commissions.

  • However, because this represents significant studio time and dedicated craftsmanship offered in good faith, a formal engagement is deemed to exist once design visuals have been requested and produced. Should the Client choose to disengage or terminate the project after this work has commenced through no fault of the Artist, this complimentary goodwill is voided. In such instances, a fee for the design and preparatory work completed up to that point will become immediately payable, invoiced at the Artist’s daily studio rate of £450.

3. Artist’s Right to Disengage (Compatibility)

  • The successful completion of a bespoke, hand-carved sculpture relies heavily on a positive, collaborative relationship built on mutual trust.

  • The Artist reserves the right, at his sole discretion, to decline a commission or withdraw from a project at the design stage if it becomes apparent that the creative direction, working styles, or professional compatibility are not aligned.

  • If the Artist chooses to disengage from a project under this clause, the Artist reserves the right to invoice for a reasonable, pro-rata recovery fee for the actual studio time and design iterations completed up to the date of withdrawal. This will be calculated fairly based on the work delivered, up to a maximum of the standard daily studio rate of £450, to cover time spent in good faith.

4. Deposits & Contract Formation

  • Once a design has been formally agreed upon, the Artist will issue an invoice for a non-refundable deposit, which is typically one-third (33%) of the total estimated project cost.

  • Receipt of this deposit constitutes the formal commencement of a binding contract between the Client and the Artist.

  • Upon receipt of the deposit, the Artist will progress the project, which includes ordering specialised materials, procuring necessary tools, and providing the Client with an estimated schedule of works.

  • Payment of the deposit serves as the Client’s formal affirmation of satisfaction with the design and a commitment to see the commission through to its agreed completion. Consequently, if the project is cancelled by the Client after the deposit has been paid, the deposit will be forfeited in full to cover lost studio time and material outlays.

5. Site Preparation, Access & Approvals

  • Site Preparation & Access: Where the commission involves installation by the Artist, the Client is solely responsible for ensuring that the site is fully prepared, cleared, and safe for installation on the agreed date. Any delay, cancellation, or abortive delivery trip caused by inadequate site preparation or restricted access will incur additional charges at the standard daily rate, plus the full recovery of any associated costs, including specialist machinery hire, lifting equipment, and transport or delivery fees.

  • Permissions & Approvals: The Client bears sole responsibility for obtaining all necessary local planning permissions, churchyard faculty approvals, or structural consents required for the legal installation of the artwork. The Artist accepts no liability for works ordered that fail to meet local regulatory or administrative restrictions.

6. Variations & Additional Costs

  • Because time and materials represent a direct business cost, any modifications made to the design, dimensions, or materials requested by the Client after a final price has been agreed upon will incur additional charges. These will be quoted and billed on top of the original estimate.

7. Final Payment & Collection

  • Full and final payment of the remaining balance is due immediately upon completion, collection, delivery, or installation of the artwork.

  • The Artist does not offer credit or extended payment terms. Outstanding balances will be pursued rigorously through legal channels.

8. Natural Materials & Limitation of Liability

  • The Artist creates bespoke works using natural materials, including wood, stone, and slate. The Client acknowledges that these materials possess inherent natural characteristics, variations, and imperfections, and are subject to natural processes over time.

  • The Artist maintains comprehensive Public Liability Insurance covering the installation process and any immediate structural defects resulting directly from craftsmanship.

  • However, the Artist accepts no ongoing liability for natural weathering, fading, colour changes, movement, warping, or checking (cracking or splitting in timber) caused by environmental exposure, climate conditions, or the elements. Upon formal handover, delivery, or installation, full risk and ownership transfer to the Client.

9. Client Maintenance & Ongoing Care

  • Following delivery or installation, all ongoing maintenance, cleaning, sealing, treating, or protection of the sculpture is the sole responsibility of the Client.

  • While the Artist may provide care guidelines upon completion, the Artist cannot be held liable for any damage, decay, or structural degradation resulting from client neglect, lack of maintenance, improper handling, or a failure to follow recommended care instructions.

10. Intellectual Property & Copyright

  • © All designs, sketches, mock-ups, maquettes, and photography remain the exclusive intellectual property and copyright of Stuart Murdoch. They may not be copied, reproduced, or used in any manner by the Client or any third party without express written permission.

Part 2: Website Terms of Use

1. Acceptance of Terms

These Terms govern your access to and use of all content, products, and services available via the www.sculpture.scot website (the “Service”) operated by Stuart Murdoch (“us”, “we”, or “our”). Your access to our services is subject to your acceptance, without modification, of all the terms and conditions contained herein. By accessing or using any part of our Services, you agree to be bound by these Terms.

2. Intellectual Property

This Agreement does not transfer any intellectual property rights from Us to you. All right, title, and interest in and to all website content, imagery, and text remains solely with Stuart Murdoch and his licensors.

3. Third-Party Services

In using our Website, you may interact with third-party services, embeds, software, or applications (such as maps or payment portals). Any use of a Third-Party Service is entirely at your own risk. We shall not be responsible or liable for any damage or loss caused or alleged to be caused by or in connection with the use of any such third-party websites or services.

4. User Accounts

Where access to any part of our Website requires creating an account, you agree to provide complete and accurate information. You are solely responsible for maintaining the security of your account credentials and password, and you accept full liability for any activity that occurs under your account. You must notify us immediately of any unauthorised use or security breaches.

5. Termination

We reserve the right to terminate or suspend your access to all or any part of our website services at any time, with or without cause, effective immediately. If you wish to terminate this agreement, you may simply discontinue using our Website. All provisions which by their nature should survive termination shall do so, including ownership provisions, warranty disclaimers, and limitations of liability.

6. Disclaimer of Warranties

Our website services are provided on an “AS IS” and “AS AVAILABLE” basis. Stuart Murdoch and his suppliers hereby disclaim all warranties of any kind, express or implied, including, without limitation, the warranties of merchantability or fitness for a particular purpose. Neither Stuart Murdoch nor his partners warrant that the website will be error-free or that access will be continuous or uninterrupted.

7. Governing Law & Jurisdiction

Except to the extent that applicable local consumer law provides otherwise, this Agreement, your access to the website, and any commissions undertaken shall be governed by and construed in accordance with the laws of Scotland. Any disputes arising out of or relating to these terms shall be subject to the exclusive jurisdiction of the Scottish courts.

8. Changes to Terms

Stuart Murdoch reserves the right, at his sole discretion, to modify or replace these Terms at any time by posting updates directly to this webpage. Your continued use of the website following the posting of any changes constitutes acceptance of those updates.