International Art

All lots will be offered and sold subject to this Conditions of Sale as well as any Glossary and posted or oral announcements. By bidding at auction, bidders are bound by those Conditions and Glossary, as amended by any oral announcements or posted notices, which together form the contract of sale between the successful bidder (buyer), Waddington's (auctioneer), and the consignor (seller) of the lot. Descriptions or photographs of lots are not warranties and each lot is sold 'as is' in accordance with the Conditions of Sale. A premium of 20% of the successful bid price of each lot is paid by the on-line or absentee eBay buyer as part of the total purchase price (a premium of 15% is paid by other absentee bidders, telephone bidders and bidders from the floor). Ontario Retail Sales Tax (8%) is charged on all purchases (hammer price and the buyer's premium), unless the buyer completes a valid exemption form at the time of purchase or, if the purchaser is resident outside of Ontario, the purchases are shipped out of the province directly. All lots are subject to Goods and Services Tax (7%) on the hammer price and on the buyer's premium, except where the purchaser is resident outside of Canada and the purchases are shipped out of the country directly. Please note that bidding at this sale will be in Canadian dollars. Registration and Bidding By registering to bid through eBay's Live Auction service you agree to accept these Conditions of Sale and eBay's bid disclosure policies. Online bidders registering at eBay.com will be required to supply a valid Visa or Mastercard credit card number. Bidders with negative feedback, or a feedback history of less than 10, may be required to contact Waddington's directly for approval. To bid in person at the auction, you must register for a bidding number by showing identification acceptable to the Auctioneer upon entering the salesroom. Your number will identify you if you are the successful bidder. You will be responsible for all lots purchased with your bidding number. Banking information may be requested by Waddington's. You may submit an Absentee Bid if you are unable to attend the sale. Absentee Bid forms, printed in the back of each catalogue, are also available from our offices. Bidding by telephone, in limited circumstances, can be arranged prior to the sale. While we are pleased to offer absentee and telephone bidding as a service to our clients, and take great care in their commission, the Auctioneer will not be responsible for errors or failure to execute bids. The Auctioneer may also execute bids on behalf of the consignor to protect the reserve. The reserve is the confidential minimum price the seller is willing to accept for his or her property, below which it will not be sold. Payment Payment for purchases must be by cash, certified cheque, traveller's cheque, bank draft, Visa or Mastercard. Please do not use the mail system to send cash. Removal of Purchases The purchaser will be responsible for all shipping and insurance expenses. The Auctioneer will, upon request, provide names of professional packers and shippers but will not be responsible or have any liability for providing this information. Purchases must be cleared within 10 days of the date of the sale (see Conditions of Sale, conditions 8 to 15). Reliable estimates of shipping costs for lots offered in this sale may be obtained from: Perry Hehn at Envoy Business Services 2400 Midland Ave., Unit #112, Scarborough, Ontario M1S 1P8 Tel. (416) 299-3367 Fax (416) 299-9750 ph@envoy.ca - http://www.envoypackandship.com Condition of Lots The lots offered in this sale are free of repair or damage, unless otherwise noted in the description of each lot. The term "fine", when used in a condition report, describes an object as being in essentially the same condition that it was in when it was originally produced. Some pieces may be dirty or stained; usually this will not be mentioned. If you are particular about minor flaws, you should examine pieces in person or have our staff answer any questions before bidding. Sizes are approximate. It is the sole responsibility of the bidder to inquire as to the condition of a lot before bidding. Condition reports are available upon request by phone, fax, e-mail or in person. You are advised to make any requests well in advance of the sale. CONDITIONS OF SALE 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 endeavoured 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. 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 purchasers to inspect or have inspected each lot upon which they wish to bid, relying upon their own advisers, and to bid accordingly. 2. Each lot sold to an on-line bidder is subject to a premium of 20% of the successful bid price of each lot up to and including $250,000 and 17% on any amount in excess of $250,000 as part of the purchase price (a premium of 15% of the successful bid price of each lot up to and including $250,000 and 12% on any amount in excess of $250,000 as part of the purchase price paid by absentee bidders, telephone bidders and bidders from the floor). 3. Unless exempted by law, the buyer is required to pay Ontario Retail Sales Tax (8%) and Federal Goods and Services Tax (7%) on the total purchase price including the buyer's premium (exemptions include shipments to buyers resident outside of Ontario and outside of Canada, respectively). 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 sole discretion, all without notice. 5. The auctioneer has the right to refuse any bid and to advance the bidding at their absolute discretion. The auctioneer reserves the right not to accept and 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. 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 and telephone bids, to be executed by an employee of the auctioneer, pursuant to the instructions of prospective purchasers not in attendance at the sale. 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 option, to withdraw any disputed lot from the sale, or to re-offer it at the same or a subsequent sale. The auctioneer's decision in all cases shall be final. 8. Immediately after 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, failing which the auctioneer, at his sole discretion, may cancel the sale, with or without re-offering the item for sale. 9. The buyer shall pay for and take away all lots within 10 days from the date of the sale, after which a late charge of 2% per month on the total invoice may be incurred or the auctioneer, at his sole discretion, may cancel the sale. The buyer shall not become the owner of the lot until paid for in full. 10. Each lot purchased, unless the sale 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. Notwithstanding condition no. 1, if the buyer, prior to removal of a lot, makes arrangements satisfactory to the auctioneer for the inspection of such lot by a fully qualified person acceptable to the auctioneer to determine the genuineness or authenticity of the lot, to be carried out promptly following the sale of the lot, and if, but only if, within a period of 14 days following the sale a written opinion of such person is presented to the auctioneer to the effect that the lot is not genuine or authentic, accompanied by a written request by the buyer for rescission of the sale, then the sale of the lot will be rescinded and the sale price refunded to the buyer. 12. Payment for purchases must be by cash, certified cheque, travelers cheque, bank draft, Visa or Mastercard. Buyers wishing to pay with a credit card, who are unable to present the card in person at our offices, may be required to fax a letter of authorization to us at 416-504-0033 prior to payment being accepted. 13. 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. 14. 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. 15. 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) or by restrictions placed on the import and export of materials related to endangered species (CITES). 16. The auctioneer reserves the right to refuse admission to the sale or to refuse to recognize any or all bids from any particular person or persons at any auction.