1. Terms of use
By using the Laurent Giles Archive’s Drawings and Picture Library, including its website www.laurentgilesarchive.com, you agree to be bound by the following terms and conditions. This agreement applies to you and, if you are using the Laurent Giles Archive on your employer’s behalf, to you and your employer. The Laurent Giles Archive (LGA) reserves the right to alter and update this agreement at its discretion, without giving explicit notice. If you do not accept these terms, do not use any images or information provided by LGA or downloaded from the website. You will be deemed to have accepted these terms and conditions unless you notify us to the contrary.
No variation of these terms and conditions shall be effective unless agreed to in writing. These terms apply to all LGA images, whether supplied as digital files via our website or FTP, on CD or DVD, paper copies or attachments via email.

2. Supplier identification
www.laurentgilesarchive.com is a site operated by Laurent Giles Naval Architects (NZ) Ltd.

We are registered in New Zealand under company number 2111278 and with our registered office 29B Hillcrest Road, Hatfields Beach, Orewa, New Zealand Orewa

Our GST number is 99- 317-876

3. Definitions
• “We/Us/Our”, “LGA” and/or “Archive” is the Laurent Giles Archive, Lymington, UK & Auckland New Zealand operated by Laurent Giles Naval Architects (NZ) Ltd. Registered in New Zealand under company number 2111278
• “You” or “Licensee” is the person or entity named as the client.
• “DPL” is the Laurent Giles Archive Picture Library
• “Website” is www.laurentgilesarchive.com
• “Document” means a photograph, transparency, digital image, paper copy, negative, design, artwork, painting, study notes booklet, or any item which may be offered for the purposes of reproduction

4. Ownership
All documents and information provided by LGA or downloaded from the website are the property and/or copyright of Barry van Geffen (and are available for sale from LGA under a sole license agreement). The moral rights of LGA and its authors of works represented on this site have been asserted. No property, copyright or publication rights in any picture shall pass to the customer either on submission of the pictures to the customer or once we grant reproduction rights.

5. Image Licence and Supply Fees
To request a price for your intended drawing copy or picture use, please email LGA at info@laurentgilesarchive.com. We shall then inform you of the relevant Image licence Fee. Supply fees are non-refundable.

6. Non-payment
You must pay for goods at the time of order, with the exception of newspapers, book publishers, periodicals and broadcasting clients where payment shall be made no later than 30 days after delivery. If you do not pay in accordance with the above, we may rescind this agreement and recover damages, or charge interest at the rate prescribed by the Late Payment of Commercial Debts (Interest) Act 1998 from the date payment was due until payment is made. Any reproduction rights granted by us are automatically terminated if you are unable to pay your debts when due. Any licence granted will terminate immediately if you (a) enter into voluntary or compulsory liquidation; (b) have a receiver appointed: or (c) fail to perform any of your obligations under these Terms and Conditions within 28 days of our giving you notice to comply. In the event of termination, all rights granted will immediately revert to us and any further exploitation of any image shall constitute an infringement of copyright.

7. Quotes are valid for 30 days
After this time please contact LGA for an updated quotation.

8. New Photography
When new photography is required of a previously un-photographed item from the collection, the cost will be quoted at the time of order. Pictures resulting from new photography are the property and copyright of LGA. Any publication right (defined in the Copyright and Related Rights Regulations 1996) arising from your use of any image will vest in us and you hereby assign all such rights arising to LGA.

9. Supply of images in digital format
Where our images are digital files supplied in .pdf format, you may save/download low-resolution watermarked images (or “comps”) for layout, testing and evaluation purposes. You may not use low resolution images for any final productions in printed or electronic form, including presentations, without our permission. You may not remove watermarks or metadata from LGA images. Hi-res images: we supply 300dpi jpegs as standard. We do not supply transparencies. We do not supply copies of drawings and plans in digital format unless for publication on terms outlined herein.

10. Retention of images
Storage, duplication and transmission in any form of any LGA image is forbidden unless agreed otherwise by us. Short-term storage is permitted if essential during the production process but all such images (including copies or versions) must be destroyed at the end of the process.

11. Reproduction Rights
Reproduction rights are one-time, non-exclusive, apply to a single edition and subject to these terms and conditions, unless specifically agreed otherwise. Reproduction by whatever means of the whole, or any part of, any LGA images is forbidden without our specific permission. Rights may not be assigned, nor may the image(s) submitted to you be loaned, supplied or transferred to third parties, without our written permission.

12. No reproduction rights are granted by virtue of delivery of images
Your right to reproduce an image arises only if (a) licence terms are agreed and (b) our invoice relating to the grant of such rights is paid in full. Any reproduction before payment of the invoice or outside the terms of any licence constitutes an infringement of copyright and also a breach of this Agreement entitling us to rescind and claim damages. You must indemnify us in respect of any claims, damages, costs or expenses we incur arising from any reproduction without licence of any image supplied to you.

13. Fee agreements
If you have a fee agreement with LGA, this will be applied to your invoices. Fees for image use beyond the scope of a fee agreement must be negotiated specifically.

14. Picture credits
You must credit us each time an image is used, unless agreed otherwise. Our credit line is ‘© Laurent Giles Archive’, unless otherwise stated on the image. Where space is limited, abbreviations such as ‘© LGA’ are acceptable but must be agreed with us in writing. Image captions and image numbers should be included in picture credits whenever possible.

15. Image captions
LGA uses all reasonable endeavours to provide accurate caption text information on its website. However, errors do occasionally occur and Licensee shall be responsible for verifying that the relevant caption accurately describes the image that it accompanies.

16. Historical documents
Historical documents are by their nature old. Some images will have been reproduced from damaged or faded originals and in some cases may be difficult to read or the text and graphic may be in part illegible. You accept that in all cases the image paper copy will be the best quality that can be provided.

17. Consent
You must satisfy yourself that all necessary rights, model releases or consents, which may be required for reproduction, are obtained. We make no claim or warranty with regard to your use of names, people, trademarks or copyright material depicted in any image.

18. Image manipulation
Images may be cropped, positioned, enlarged or reduced but must not be changed or manipulated, nor the meaning of the original work distorted. Images must not be altered without our prior written consent. When an image is cropped for reproduction, this should be indicated by adding ‘(detail)’ to the picture caption.

19. Artist’s reference
LGA does not permit replicas of any items in its collection for commercial purposes unless a licence has been granted. Written permission must be obtained from us before use of our images for artist’s reference (this includes but is not limited to requests from jewellery manufacturers, commercial model makers, set designers, decorators, manufacturers of nauticalia, sign painters and film/TV researchers).

20. Third party assignment
Drawings and pictures and artwork, printing plates, digital files and film separations using the picture or any part of it supplied to the customer shall not be lent, sold or otherwise circulated to a third party. Reproduction rights granted are personal to you and are not assignable by you to any third party. If we agree in writing that you may license use of any LGA image to a third party, you will ensure by written agreement with the third party that they are restricted by licence terms forbidding the distribution, copying and further use of our image(s). You will also ensure the correct credit is given to LGA by the third party.

21. LGA logos/trademarks
Other than in relation to the credit line, the name and logos of the Laurent Giles Archive (including Laurent Giles and Partners) shall not be used by the Licensee in any way without the prior written consent from the LGA.

22. Registered users of the website
(Definition: those who obtain a login and password) must provide accurate information during the registration process. Registered users are responsible for maintaining the confidentiality of their login and password access details. You may not allow others to use your access details and you are personally responsible for any misuse or charges arising from the use of your account by third parties using your login details, with or without your permission.

23. Voucher
The Client shall supply one copy of any publication, broadcast or electronic reproduction containing any Reproduction of any Image, free of charge within two weeks of creation. Evidence of print runs, transmissions and web access must be made available to LGA on request.

24. Cancellation
If, after invoicing but before payment, the Client requests cancellation of the Licence, LGA may at its discretion agree to cancel the Licence, subject to the Client paying a cancellation fee of 50% of the invoice total, with a minimum of $50 + VAT paid for all invoices to cover administration fees. Supply fees for images are non-refundable.

25. Overseas Customers
The LGA is a New Zealand-based organisation and all prices are in New Zealand Dollars. If you are placing an order from overseas, your card issuer or transaction agency may convert the charged sum into your local currency. You accept that exchange rates vary constantly and that this may affect the final amount you pay in your local currency, or are quoted by our staff or on our website.

26. Termination
This agreement will terminate if you a) enter into voluntary or compulsory liquidation or insolvency, b) have a receiver appointed, c) fail to meet any of your obligations under the terms of this agreement and fail to remedy within 30 days of written notice.

27. Electronic Communications
Whenever you use this website or send emails to us you are communicating with us electronically. This means you consent to receive communications from us electronically. We will communicate with you by email or by posting notices on this website. You agree that all agreements, notices, disclosures and other communications that we provide to electronically satisfy any legal requirements that such communications be in writing.

28. Purchases and delivery
By purchasing a Document on this website you specifically acknowledge and agree that:

  1. When you purchase any Document from this website these terms of use constitute the entire contract between us and you and it is expressly agreed that there are no other understandings, representations or warranties of any kind forming part of our contract with you.
  2. Our website and advertising only constitute an invitation to treat. Ordering Documents constitutes an offer by you to buy in accordance with these terms of use. Our acceptance occurs and the contract is formed when the Document is delivered to you.
  3. We do not guarantee that this website is free from errors or faults. We will however make our best efforts to ensure that the information available on this website is accurate. We shall be entitled at any time to correct any errors or omissions and make amendments to or add or remove Documents without notice.
  4. You must satisfy yourself that any Document purchased from us is suitable for the purpose for which you require it and we are under no liability if they are not.
  5. Documents purchased will be delivered by surface mail or airmail to the mail address notified by you. Delivery is usually within 21 working days.
  6. Prices quoted are inclusive of airmail postage unless stated.
  7. We accept no responsibility for problems you may have in making payment through a web page of our payment service provider or in down-loading any Document.
  8. We shall not be liable to you for any loss or delay in the delivery of Documents although we will endeavour to reasonably assist you with any problems you are experiencing.

29. Disclaimers
Whilst we take reasonable care in the performance of this agreement, we shall not be liable for any loss or damage suffered by you or by any third party arising from use or reproduction of any image or its caption.

30. Waiver
Our failure to exercise or enforce any of our rights will not be deemed to be a waiver of such rights nor bar their exercise or enforcement in future.

31. Governing law
These terms of use and the provision of goods and service by us are governed by the laws of England and Wales and the parties agree to submit to the exclusive jurisdiction of the English courts and in the event of any dispute arising in relation to these terms of use or their subject matter you irrevocably and unconditionally submit to the non-exclusive jurisdiction of the courts of England and Wales

32. Freedom of Information Act (FOIA)
You are to note that the LGA is subject to the FOIA and that all information from you, which you consider is confidential, will be subject to the LGA’s obligations under the Act. You have an obligation to release back to the LGA information on the LGA that is being held by you should that information be required by a requestor under the Freedom of Information Act.

33. Privacy Policy
If you provide us with personal information through you use of this website, this information may be retained by us in our database. You have a right under the Privacy Act 1993 to access any personal information held about you or to request us to delete any such information. By accepting these Terms of Use you are acknowledging that you have read and accept our Privacy Policy which is on our site.
We will never sell your information to any third party or business.

34. General
This Website is owned and operated by van Geffen Yacht Design Ltd a registered company of the United Kingdom. We may transfer our obligations pursuant to this website and these terms of use to any person including a related company (as defined under the Companies Act 1993) without notice to you. If we do this then we will not be liable for any act or omission by any transferee arising in relation to these terms of use after such transfer.
Each term of these terms of use is separately binding. If for any reason any term cannot be relied on all other terms remain binding.