Fall Canadian & International Art Auction

TERMS AND CONDITIONS 1. Any description issued by the auctioneer of an article to be sold is subject to variation to be posted or announced verbally in the auction room prior to the time of sale. While the auctioneer has endeavored not to mislead in the description issued, and the utmost care is taken to ensure the correct cataloguing of each item, such descriptions are purely statements of opinion and are not intended to constitute a representation to the prospective purchasers and no warranty of the correctness of such description is made. An opportunity for inspection of each article is offered prior to the time of sale. No sale will be set aside on account of lack of correspondence of the article with its description or its reproduction, if any, whether colour or black and white. Some lots are of an age and/or nature, which preclude their being in pristine condition, and some catalogue descriptions make reference to damage and/or restoration. The lack of such a reference does not imply that a lot is free from defects nor does any reference to certain defects imply the absence of others. It is the responsibility of prospective buyers to inspect or have inspected each lot upon which they wish to bid, relying upon their own advisers, and to bid accordingly. We recommend that internet bidders contact the auction house at least 48 hours prior to bidding for a condition report. 2. A premium of 20% on each lot for all successful absentee, telephone and internet bids will be added as part of the purchase price. 3. Unless exempted by law, the buyer is required to pay Ontario Retail Sales Tax and Federal Goods and Services Tax on the total purchase price including the buyer's premium. United States and International bidders do not pay the Retail Sales Tax or Federal Goods and Services Tax. 4. The auctioneer reserves the right to withdraw any lot from sale at any time, to divide any lot or to combine any two or more lots at his/her sole discretion, all without notice. 5. The auctioneer has the right to refuse any bid. The auctioneer reserves the right not to accept and not to reject any bid. Without limitation, any bid which is not commensurate with the value of the article offered, or which is merely a nominal or fractional advance over the previous bid may not be recognized. The bid of the live auction floor bidder will be deemed the winning bid in case of a tie between the live auction floor bidder and an internet bid. We remind internet bidders to bid quickly, as the auction moves at a fast pace. 6. Each lot may be subject to an unpublished reserve, which may be changed at any time by agreement between the auctioneer and the consignor. The auctioneer may bid, or direct an employee to bid, on behalf of the consignor as agreed between them. In addition, the auctioneer may accept and submit absentee, telephone and internet bids, to be executed by an employee of the auctioneer, pursuant to the instructions of prospective buyers not in attendance at the auction. 7. The highest bidder accepted by the auctioneer for any lot shall be the buyer and such buyer shall forthwith assume full risk and responsibility for the lot and must comply with such other Conditions of Sale as may be applicable. If any dispute should arise between bidders the auctioneer shall have the absolute discretion to designate the buyer or, at his/her option, to withdraw any disputed lot from the sale, or to re-offer it at the same or a subsequent auction. The auctioneer's decision in all cases shall be final. 8. Following the purchase of a lot, the buyer shall pay or undertake to the satisfaction of the auctioneer with respect to payment of the whole or any part of the purchase price requested by the auctioneer within five working days, failing which the auctioneer in their sole discretion may cancel the sale, with or without re-offering the item for sale. 9. The buyer shall pay for all lots upon receipt of invoice and within five working days, after which a late charge of 2% per month on the total invoice may be incurred or the auctioneer, in his/her sole discretion, may cancel the sale. 10. Each lot purchased, unless the auction is cancelled as above, shall be held at the premises of the auctioneer or at a public warehouse at the sole risk of the buyer until fully paid for and taken away. 11. PayPal payment will be accepted for internet bids, providing an invoice has been sent to you via PayPal payment services. 12. In the event of failure to pay for or remove articles within the aforementioned time limit, the auctioneer, without limitation of the rights of the consignor and the auctioneer against the buyer, may resell any of the articles affected, and in such case the original buyer shall be responsible to the auctioneer and the consignor for: (a) any deficiency in price between the re-sale amount and the amount to have been paid by the original buyer; (b) any reasonable charge by the auctioneer for the storage of such articles until payment and removal by the subsequent buyer; and (c) the amount of commission which the auctioneer would have earned had payment been made in full by the original buyer. 13. It is the responsibility of the buyer to make all arrangements for insuring, packing and removing the property purchased and any assistance by the auctioneer or their employees, agents or contractors, in packing or removal shall be rendered as a courtesy and without any liability to them. As a courtesy to our customers we will deliver your items to PakMail Barrie, Ontario (Tel: 705-721-1233, Fax: 705-721-1442, email: pakmail.barrie@sympatico.ca), as a third party we cannot guarantee shipping timing. If you have another preferable method of shipping please inform us and we will make all attempts to accomodate your requests. 14. The auctioneer acts solely as agent for the consignor and makes no representation as to any attribute of, title to, or restriction affecting the articles consigned for sale. Without limitation, the buyer understands that any item bought may be affected by the provisions of the Cultural Property Export Act (Canada). 15. The auctioneer reserves the right to refuse admission to the auction or to refuse to recognize any or all bids from any particular person or persons at any auction.

Local Taxes Apply (PST applies to Ontario residents) (GST applies to all Canadian residents).