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The following are Walker's standard Terms & Sales
conditions which apply to all buyers and agents
intending to purchase at any sales.
1. The term "Auctioneer", wherever used in this
catalogue, means Walker's Fine Art & Estate Auctioneers
Inc.
2. Prospective bidders should inspect the property
before bidding to determine its size, condition and
whether or not it has been repaired, restored or
altered. We strongly recommend that all lots be viewed
personally. Imperfections are not necessarily stated in
any version of the auction catalogue, however, specific
condition reports are provided upon request. (All
statements are solely the opinion of the Auctioneer who
is neither a professional restorer nor conservator).
3. The Auctioneer has made a reasonable attempt to
ensure accuracy in the description of every lot to be
sold. However, guarantee is not made as to the
correctness of the catalogue entries and no sale shall
be set aside on account of any imperfections not noted.
Each lot is sold on an "AS IS," "WHERE IS" basis.
4. All bids are per lot as listed in the catalogue.
However, the Auctioneer reserves the right to divide or
join lots, without prior warning, as they may see fit
upon announcement of same.
5. The Auctioneer reserves the right to withdraw or add
to the items as listed in prepared catalogues without
notice.
6. The Auctioneer has the right to advance the bidding
at their absolute discretion. The highest bidder is to
be deemed the Buyer. If a dispute arises, the Auctioneer
may, at their discretion, resell the lot or announce a
decision immediately. The Auctioneer may refuse to
accept a bid from any individual or party at their
absolute discretion. The Auctioneer has the right to
restrict attendance or participation in the auction
rooms or during preview or to any party without
explanation.
7. Title to the offered lot immediately passes to the
highest bidder upon full payment by the Buyer to the
Auctioneer, however the Buyer assumes full risk and
responsibility from the fall of the auction hammer.
8. All lots are sold by the Auctioneer with all faults
and defects, with all errors of description and are to
be paid for whether genuine and authentic or not. No
compensation shall be paid for same.
9. Notwithstanding the previous conditions of sale, if
within (14) fourteen days after the auction the Buyer
gives notice in writing to the Auctioneer that the lot
sold is a deliberate forgery and within (7) seven days
of such notification the Buyer returns the same to the
Auctioneer in the same condition as at the time of sale
and satisfies the Auctioneer that the claim is
justified, pursuant to any special requests the
Auctioneer may make, then the sale of the lot will be
rescinded and the purchase price, Buyer's premium &
sales tax on the purchase price of the same will be
refunded. All action and decisions made by the
Auctioneer are final and will not be influenced by the
opinion of either the seller or Buyer. (All packing,
handling, customs fees, taxes, insurance, valuations,
opinions, lodging or travel directly or indirectly
related to any returned & refunded lots will be the sole
responsibility of the Buyer and no compensation will be
paid for same). Any judicial proceedings deemed
necessary to resolve a dispute or claim will be settled
in the Province of Ontario, jurisdiction of Ottawa.
10. The Auctioneer shall have the right to bid or
commission their staff to bid on behalf of any consignor
up to the reserve price if applicable, but not above.
11. Each lot is sold subject to a Buyer's premium
payable by all Buyers in addition to the purchase price.
This premium is expressed as a percentage of the
purchase(hammer) price and varies according to type of
auction and whether bidding is live, absentee, telephone
or by internet. Refer to either our website or the
absentee bid form for the specific auction to determine
the actual amount of the Buyer's premium. This premium
is also announced by the Auctioneer at the start of each
auction.
12. The Buyer must pay Ontario Harmonized Sales Tax (HST
- 13%) on the total purchase price (aggregate of hammer
price & Buyer's premium) if the Buyer takes possession
of their purchase at the time of the auction, or if they
are resident in Ontario and have their purchase shipped
to a location in Ontario, or if they pick up their
purchase at the Auctioneer's offices in Ottawa after the
sale. If the Buyer is from another province in Canada
and have their purchase shipped to them by registered
carrier, then the appropriate HST/GST applicable to
their province will be charged. Buyers not resident in
Canada are exempt from paying HST or GST on the purchase
price of property IF the lot(s) is shipped by registered
carrier directly from the Auctioneer to the Buyer's
address outside of Canada.
13. Payment is to be made by pre-approved cheque, Visa,
MasterCard, Interac or wire transfer, within 72 hours (3
business days) after the auction ends. We charge a $50
administration fee for each wire transfer. Property is
released only after funds have cleared our bank. Local
purchases must be removed immediately after the sale
provided payment has been received by the Auctioneer.
Items sold to foreign and non-local Buyers will be
transported to our offices where they must be removed
within three (3) working days. Buyers not known to the
Auctioneer are required to provide financial and banking
details at least three (3) days prior to the auction.
The Auctioneer will send an invoice by email or fax
after the auction but your credit card may be used
immediately to settle your purchase account. A maximum
of $20,000 per client per auction may be paid using a
credit card if presenting the card in person with photo
identification; $5,000 is the maximum for fax authorized
credit card payment within North America.
14. If the Buyer's account is not settled in full with
regard to fore-mentioned conditions, then a finance
charge of 5% per month above the Bank of Canada base
rate will be applied to the purchase price until settled
in addition to a 2% monthly charge for storage and
insurance. If in the opinion of the Auctioneer the lot
or lots must be resold then any deficiencies or handling
charges against same will be charged to the original
Buyer.
15. In order to export certain property from Canada, a
Cultural Property Export Permit may be required. Various
objects and values are affected and it is incumbent on a
prospective Buyer to fully understand any restrictions
prior to sale. It is the Buyer's responsibility to
obtain the required permit(s). No sale shall be
rescinded if a Cultural Property Export Permit cannot be
obtained.
16. Under the CITES (the Convention on International
Trade in Endangered Species of Wild Fauna and Flora)
agreement, items offered for sale which contain
restricted materials such as ivory, tortoiseshell,
whalebone, sealskin, rhinoceros horn or other animal
parts are not allowed by law to leave Canada or to be
imported to most countries. It is the Buyer's
responsibility to verify whether this restriction
applies to their purchases prior to bidding. No sale
shall be rescinded if the Buyer is remiss in this
regard. You must ensure that you have reviewed your
country's laws before you purchase or ship any works
made from, or containing parts made from, these
restricted materials. It is your responsibility to
obtain any necessary permits. We encourage you to visit
the CITES website www.cites.org.
17. Pre-sale auction estimates are educated
approximations based upon the sale of similar items.
These are not necessarily selling prices, as the final
bid may be above or below any estimate.
18. Persons attending a preview, the auction or
collecting goods, assume all risks of damage of or loss
to person and property and specifically release the
Auctioneer from liability. Neither the Auctioneer nor
his principle shall be liable by reason of any defect in
or condition of the premises on which the sale is held.
19. Registration: All bidders are required to provide
full name, address, phone number(s) and postal code in
addition to government issued photo identification. The
registrant is fully and solely responsible for all bids
placed using their bidding number. Registered Buyers are
not permitted to bid for third parties or to transfer
purchased lots from one account to another. The
Auctioneer reserves the right to determine credit
worthiness prior to registering a Buyer and may require
banking or credit information and/or credit card
information when doing so.
20. Once the Buyer's account is settled, the Buyer then
has the responsibility for arranging packing and
shipping of their purchases. This transaction is
separate from the purchase transaction.
21. The Auctioneer offers a packing and shipping service
as a service to its Buyers. This is an optional service
and Buyers should feel free to have others handle their
packing and shipping needs. Our packing and shipping
service is provided on a 'Best Efforts' basis and
turnaround times will vary depending on the volume of
lots sold during the various times of the year. There
will be fees for this service and the Auctioneer or
handler will proceed only at the Buyer's risk and
expense. Please inquire directly with the Auctioneer for
a packing/shipping/insurance quote prior to sale.
Customs, Duty and brokerage fees as assessed by
Government or third party firms are separate from any
shipping quote the Auctioneer may provide and are the
sole responsibility of the Buyer. Lots damaged in
transit as a result of Customs or Government inspection
or improper repacking are not covered by any insurance
offered by the Auctioneer or shipper regardless if
insurance has been paid for or not.
22. All bidders and others attending this sale agree
that they have read and have full knowledge of these
Terms and Conditions of Business and agree to be bound
by same.
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