Asian Antiques and Jewelery Auctions

TERMS Conditions of Sale Paulding Appraisals and Auctions (CANADA) AS AGENT The buyer's premium for purchases made via online bidding is twenty-five (25%) of the hammer price up to and including $100,000; twenty percent (20%) of any amount in excess of $100,001 up to and including $1,000,000; and thirteen percent (13%) of any amount in excess of $1,000,001. The lots listed in this catalogue will be offered by Paulding Appraisals and Auctions (CANADA) as owner or as agent for consignor(s) subject to the following terms and conditions. By bidding at auction you agree to be bound by these Conditions of Sale. BEFORE THE SALE Prospective buyers are strongly advised to personally examine any property in which they are interested before the auction takes place. All lots are sold 'AS IS' and without recourse and neither Paulding Appraisals and Auctions (CANADA) nor its consignor(s) makes any warranties or representations, express or implied with respect to such lots. Neither Paulding Appraisals and Auctions (CANADA) nor its consignor(s) makes any express or implied warranty or representation of any kind or nature with respect to merchantability, fitness for purpose, correctness of the catalogue or other description of the physical condition, size, quality, rarity, importance, medium, material, genuineness, attribution, provenance, period, culture, source, origin, exhibitions, literature or historical significance of any lot sold. The absence of any reference to the condition of a lot does not imply that the lot is in perfect condition or completely free from wear and tear, imperfections or the effects of aging. No statement, whether written or oral, and whether made in the catalogue, or in supplements to the catalogue, an advertisement, a bill of sale, a salesroom posting or announcement, the remarks of an auctioneer, or otherwise, shall be deemed to create any warranty, representation or assumption of liability. Paulding Appraisals and Auctions (CANADA) and its consignor(s) make no warranty or representation, express or implied, that the purchaser will acquire any copyright or reproduction rights to any lot sold. Paulding Appraisals and Auctions (CANADA) expressly reserves the right to reproduce any image of the lots sold in the catalogue. AT THE SALE Refusal of Admission ' Paulding Appraisals and Auctions (CANADA) has the right, at our complete discretion, to refuse admission to the premises or participation in any auction and to reject any bid. Registration before Bidding ' A prospective buyer must complete and sign a registration form and provide identification before bidding. We may require bank or other financial references. Bidding as Principal ' When making a bid, a bidder is accepting personal liability to pay the purchase price, including the buyer's premium, all applicable taxes and all other applicable charges, unless it has been explicitly agreed upon in writing with Paulding Appraisals and Auctions (CANADA) before the commencement of the sale that the bidder is acting as agent on behalf of an identified third party acceptable to Paulding Appraisals and Auctions (CANADA), and that Paulding Appraisals and Auctions (CANADA) will only look to the principal for payment. Absentee Bids ' We will use reasonable efforts to carry out written bids given to us prior to the sale for the convenience of clients who are not present at the auction in person, by an agent or by telephone. Bids must be placed in U.S. dollars. If we receive written bids on a particular lot for identical amounts, and these are the highest bids on the lot at the auction, it will be sold to the person whose written bid was received and accepted first. Reserves ' Some lots in the sale are subject to a reserve which is the confidential minimum price below which such lot will not be sold. The reserve will not exceed the low estimate of the lot. Reserves are agreed upon with consignors or, in the absence thereof, the absolute discretion of Paulding Appraisals and Auctions (CANADA). The auctioneer may open the bidding on any lot below the reserve by placing a bid on behalf of the seller. The auctioneer may continue to bid on behalf of the seller up to the amount of the reserve, either by placing consecutive bids or by placing bids in response to other bidders. With respect to lots that are offered without reserve, unless there are already competing bids, the auctioneer, in his or her discretion, will generally open the bidding at 60% of the low estimate for the lot. In the absence of a bid at that level, the auctioneer may proceed backwards at his or her discretion until a bid is recognized, and then continue up from that amount. Auctioneer's Discretion ' The auctioneer has the right at his or her absolute and sole discretion to refuse any bid, to advance the bidding in such a manner as he or she may decide, to withdraw any lot, and in the case of error or dispute, and whether during or after the sale, to determine the successful bidder, to continue the bidding, to cancel the sale or to re-offer and re-sell the item in dispute. If any dispute arises after the sale, our sale record is conclusive. AFTER THE SALE Buyer's Premium 'In addition to the hammer price, the buyer agrees to pay Paulding Appraisals and Auctions (CANADA) a buyer's premium and the applicable sales tax added to the final total. The buyer's premium for all purchases except via online bidding is twenty-five (25%) of the hammer price up to and including $100,000; twenty percent (20%) of any amount in excess of $100,001 up to and including $1,000,000; and twelve percent (13%) of any amount in excess of $1,000,001. Packing and Shipping ' If your bid is successful, we can provide you with a list of shippers. We will not be responsible for the acts or omissions of carriers or packers whether or not recommended by us. Property will not be released to the shipper without the buyer's written consent and until payment has been made in full. Packing and handling of purchased lots by us is at the entire risk of the purchaser, and Paulding Appraisals and Auctions (CANADA) will have no liability of any loss or damage to such items. If requested by successful bidders, we use Canada Post for shipping, with actual postage fees plus a minimal service charge. Non Payment ' If we do not receive payment in full, in good cleared funds, within seven (7) business days following the sale, we are entitled in our absolute discretion to exercise one or more of the following measures, in addition to any additional actions available to us by law: a.) to impose a late charge of one and a half percent (1.5%) per thirty (30) days of the total purchase price b.) to hold the defaulting buyer liable for the total amount due and to begin legal proceedings for its recovery together with interest, legal fees and costs to the fullest extent permitted under applicable law c.) to cancel the sale d.) to resell the property publicly or privately with such terms as we find appropriate, to resell the property at public auction without reserve, and with the purchaser liable for any deficiency, cost, including handling charges, the expenses of both sales, our commission on both sales at our regular rate, all other charges due hereunder and incidental damages. Failure to Collect Purchases ' If property is not picked up within seven (7) business days following the sale, whether or not payment has been made, Paulding Appraisals and Auctions (CANADA) reserves the right to charge $5 per lot per day or to deliver said property to a public ware-house for storage at the purchaser's expense. Paulding Appraisals and Auctions (CANADA) shall have no liability for any damage to property left on its premises for more than seven (7) business days following the sale. LIABILITY Condition Reports ' Paulding Appraisals and Auctions (CANADA) is not responsible for the correctness of any statement of any kind concerning any lot, whether written or oral, nor for any other errors or omissions in description or for any faults or defects in any lot. Neither the seller, ourselves, our officers, employees or agents, give any representation, warranty or guarantee or assume any liability of any kind in respect of any lot with regard to merchantability, fitness for a particular purpose, description, size, quality, condition, attribution, authenticity, rarity, importance, medium, provenance, exhibition history, literature or historical relevance. If any part of these Conditions of Sale is found by any court to be invalid, illegal or unenforceable, that part shall be discounted and the rest of the conditions shall continue to be valid to the fullest extent permitted by law. Discretion - Any and all of the conditions may be waived or modified in the sole discretion of Paulding Appraisals and Auctions (CANADA). Successful Bid ' The highest bidder acknowledged by the auctioneer will be the purchaser. In the case of a tie bid, the winning bidder will determined by the auctioneer at his or her sole discretion. In the event of a dispute between bidders, the auctioneer has final discretion to determine the successful bidder or to re-offer the lot in dispute. If any dispute arises after the sale, the Paulding Appraisals and Auctions (CANADA) sale record shall be conclusive. Title passes upon the fall of the auctioneer's hammer to the highest acknowledged bidder subject to the Conditions of Sale set forth herein, and the bidder assumes full risk and responsibility. Payment ' The buyer must pay the entire amount due (including the hammer price, buyer's premium, all applicable taxes and other charges) no later than 5 p.m. on the seventh (7) business day following the sale. Payment in U.S. dollars may be made with cash; bank check or cashier's check drawn on a U.S. bank; money order; or wire transfer unless other arrangements are made with Paulding Appraisals and Auctions (CANADA). Paulding Appraisals and Auctions (CANADA) reserves the right to hold merchandise purchased by personal check until the check has cleared the bank. The purchaser agrees to pay Paulding Appraisals and Auctions (CANADA) a handling charge of $50 for any check dishonored by the drawee. BID INCREMENTS Price Bid Increment $0.00 $10.00 $200.00 $25.00 $500.00 $50.00 $1,000.00 $100.00 $2,000.00 $250.00 $5,000.00 $500.00 $10,000.00 $1,000.00 $20,000.00 $2,500.00 $50,000.00 $5,000.00 $100,000.00 $10,000.00