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The
following are Walker's standard Terms & Sales conditions which apply to all
buyer's and agents intending to purchase at any sales.
The term “Auctioneer,” wherever used means
Walker’s Fine Art & Estate Auctioneers Inc.
The Auctioneer strives to ensure accuracy in
the description of every lot to be sold, however, prospective bidders should
inspect the property before bidding to determine size, condition and whether
or not it has been repaired, restored or altered. We strongly recommend
that all lots be viewed personally. If you cannot examine the items
personally, we encourage you to telephone, e-mail or fax us your request for
a condition report prior to the sale. Every effort is made to ensure
the correctness of all verbal and catalogue representations, 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.
All bids are per lot.. However, the
auctioneer reserves the right to divide or join lots as he may see fit upon
announcement of same.
The auctioneer reserves the right to withdraw
or add to the items as listed in any prepared catalogue.
The auctioneer has the right to advance the
bidding at his absolute discretion. The highest bidder to be deemed the
buyer. If a dispute arises the auctioneer may at his discretion resell the
lot or announce a decision immediately.
Title to the offered lot immediately passes to
the highest bidder, and such bidder assumes full risk & responsibility
thereafter.
All lots are sold by the vendor with all
faults and defects, with all errors of description and is to be paid for
whether genuine and authentic or not. No compensation shall be paid for
same.
Notwithstanding the previous conditions of
sale, if within (14) fourteen days after the auction the purchaser gives
notice in writing to Walker’s that the lot sold is a deliberate forgery and
within (7) seven days of such notification the buyer returns the same to
Walker’s in the same condition as at the time of sale and satisfies Walker’s
with the written opinion of two recognized experts in the field, that the
lot is a forgery then the sale of the lot will be rescinded and the purchase
price of the same refunded.
The auctioneer shall have the right to bid or
commission their staff to bid on behalf of any consignor.
Each lot is sold subject to a Buyer’s premium,
payable by all buyers on top of the purchase price. Buyer's premiums
currently are set in accordance with the industry standard at ten percent
(10%) at Estate Auctions and fifteen percent (15%) at Catalogue Auctions.
Unless exempted by law, the purchaser must pay
Ontario retail sales tax on the total purchase price. (Buyer’s not resident
in Ontario are exempt if the purchase is shipped by common carrier.) GST is
also charged on all lots with the exception of those exported by registered
carrier from Canada.
Payment is to be made by certified cheque,
traveler's cheque, Visa, MasterCard, Interac, cash or wire transfer.
Property is released only after funds have cleared our bank. Local
purchases must be removed immediately after the sale. 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.
If the account is not settled in full with
regard to fore-mentioned conditions, then a charge of 2% per month will be
applied to the purchase price until settled. 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 purchaser.
For export of certain kinds of property from
Canada, a Cultural Property Export Permit may be required from
Communications Canada. (Tel: 1-613-990-4161) Permits are issued by
Customs Canada offices across the country on behalf of the department.
The auctioneer has provided pre-sale estimates
with each lot in any catalogue. These 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 printed estimate.
Persons attending preview, sale or during
removal of 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.
Notice: All bidders and others attending this
sale agree that they have read and have full knowledge of these terms and
agree to be bound by same.
Registration: All bidders are required to
give full name, address, phone number(s) and postal code. Ontario
Provincial Tax exempt numbers are also required for registered holders.
Glossary
The terms used in our catalogues and at our
Estate Auctions have the meaning ascribed to them below. Statements are
made subject to the conditions of sale.
Paintings: Dimensions are given as height
first and width second. Inches are rounded off to the nearest eighth and
indicate the measure of the painting excluding the frame. Signed and dated
indicates that, in our opinion, the piece has been signed and dated by the
artist. Any notations such as After, In The Manner Of, Circle Of, Style
indicate that the item may have been produced by another hand at a later
date. Pictures are framed unless otherwise stated.
Provenance: Indicates previous owners or
collections.
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