Fine & Decorative Arts Auction

1.) These Conditions of Sale (the ?Conditions?) shall govern any and all auctions conducted by A.H. Wilkens Auctions & Appraisals Inc. (hereafter, the ?Auctioneer?). Any person who participates in our Auctions (the ?Bidder?), whether in person, through an agent, or remotely, is responsible for reading and understanding these Conditions. By bidding in our Auction, the Bidder agrees to be bound by these Conditions. 2.) While the Auctioneer takes the utmost care to ensure the correct cataloguing of each item, descriptions provided are mere statements of opinion. The Auctioneer makes no representation or warranty as to the correctness of any descriptions provided. All lots are sold "as is" and "where is" and without recourse. 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. It is the responsibility of the Bidder to inspect or have inspected each lot upon which they wish to bid, relying upon their own advisers. 3.) As a courtesy, the Auctioneer may provide a condition report to assist Bidders in inspecting lots. The absence of a condition report shall not be construed as a representation that a lot is in good condition. The Bidder is at liberty to request a condition report for any lot. Any statement about condition is provided to the Bidder as a courtesy, and such statements are likely not exhaustive. Bidders are encouraged to have a professional restorer or art conservator evaluate lots to make sure they are of suitable condition. 4.) The Auctioneer has the right to refuse any bid and to advance or halt bidding at its absolute discretion. 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. 5.) 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. 6.) The Bidder acknowledges that each lot sold is subject to a 20% premium over and above the successful bid price. Bidders registered online are subject to a 25% premium. 7.) The contact information provided by the purchaser must be complete and accurate. The Auctioneer reserves the right to request a deposit of up to $10,000 to be provided before bidding and will be used against any and all purchases made at this auction. ALL NEW BIDDERS WITH NO BIDDING HISTORY MAY BE ASKED FOR A DEPOSIT. 8.) Unless exempted by law, the Buyer (defined below) is required to pay Harmonized Sales Tax on the total purchase price including the Buyer's premium. For international Buyers, taxes are not applicable when purchases are shipped out of country. For items shipped out of Ontario, the Buyer is required to pay taxes as per the tax status of the importing province, whether it HST or GST (Goods and Services Tax). 9.) 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. 10.) 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 as may be applicable. If any dispute should arise between Bidders, the Auctioneer shall have absolute discretion to designate the Buyer or, at its sole 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. 11.) 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 in its sole discretion may cancel the sale, with or without re-offering the item for sale. Sold lots will be removed from the Auctioneer?s insurance policy after ten days from the date of the sale. 12.) The Buyer shall pay for all purchased lots within five day from the date of the sale, after which a late charge of 2% per month on the total invoice shall apply, or the Auctioneer, in its sole discretion, may cancel the sale. The Buyer shall not become the owner of the lot until paid for in full. Items must be removed within 10 days from the date of sale, after which the Buyer shall be responsible for storage costs. 13.) Unless the sale is cancelled by the Auctioneer, the purchased lot shall be held by the Auctioneer at his premises or at a public warehouse at the sole risk of the Buyer until fully paid for and taken away. 14.) If within fourteen (14) days after the sale of the lot, the Buyer gives written notice to the Auctioneer that the lot sold is a forgery, and within seven days thereafter the Buyer returns the lot to the Auctioneer in the same condition as at the time of sale, the Auctioneer shall make a determination as to whether to rescind the sale. If the Buyer requests that the sale be rescinded, the Auctioneer shall have the right to have the Buyer obtain, at the Buyer?s expense, the written opinion of two recognized experts in the field, mutually acceptable to the Buyer and the Auctioneer, to inform the Auctioneer?s decision. 15.) PAYMENT MUST BE MADE WITHIN 5 DAYS OF THE AUCTION. Payment can be effected by cash, INTERAC direct debit (Canadian clients in person only), certified cheque (except for U.S. & overseas), bank draft, electronic wire transfer (fee applies), and VISA or Mastercard, Amex and Union Pay (up to $25,000 with direct swipe). Non-qualified credit card payments are taken with a signed authorization form and matching identification with a maximum credit card payment of $5,000. New Bidders without accompanying paperwork may be refused. The Bidder understands that providing their credit card information to the Auctioneer is a security precaution; the Bidder?s card will not be charged unless they fail to make payment in a timely fashion. Should an invoice remain unpaid past 30 days, the Buyer?s premium will automatically be enforced at 20%. 16.) If the Buyer fails to pay the full purchase price within the time limit stated, the Auctioneer may exercise any or all of the following remedies, in addition to any other remedy it may have at common law: a) The Auctioneer may resell the lot, whether by auction or private sale, at its absolute discretion. In the event of such resale, the Buyer shall remain responsible for the full purchase price, plus interest, any applicable charges, and costs incurred in such resale; b) The Auctioneer may rescind the sale and retain any partial payment of the purchase price as liquidated damages; c) The Auctioneer may exercise a lien over any of the Buyer?s property in the Auctioneer?s possession, and arrange for the sale of such property, and apply the proceeds to the amount owing, after the deduction of the Auctioneer?s standard vendor commission and all sale related expenses; d) The Auctioneer may take any other action as it deems necessary or appropriate. 17.) It is the responsibility of the Buyer to make all arrangements for insuring, packing and removing the purchased lot and any assistance by the Auctioneer or his servants, agents or contractors, in packing or removal shall be rendered only as a courtesy. The Auctioneer shall not be liable for any damage caused to a purchased lot in the course of providing such courtesy. 18.) 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. 19.) Purchased lots left in the Auctioneer?s possession shall not be insured beyond ten business days following the auction. The Buyer bears the full risk associated with leaving a purchased lot left in the Auctioneer?s possession in excess of ten business days, and the Auctioneer shall not be liable for any damage sustained to such purchased lot beyond such time. 20.) The Bidder acknowledges the Auctioneer?s copyright in all images, photographs, graphics, and written materials produced by the Auctioneer, pertaining to each lot, whether in print, digital, online, or otherwise (the ?Materials?). The Auctioneer?s intellectual property in the Materials shall survive the sale of the lot, and shall continue in perpetuity. No person, including the Buyer, is permitted to use the Materials without the express written consent of the Auctioneer and, absent such express written consent, the Buyer shall acquire no copyright or reproduction rights in the Materials. 21.) The Bidder acknowledges that many jurisdictions prohibit or restrict the import of goods made from certain plant or animal material, such as ivory. The Bidder is solely responsible for determining whether a lot will be subject to any such import prohibitions or is subject to licencing requirements, for shipment, and payment of any and all import/export liabilities. 22.) The Auctioneer provides no guarantee as to the successful export of ivory purchases, but will, attempt to provide the Buyer with the appropriate paper work, upon request. The Auctioneer may apply for the permit on your behalf at a cost of CAN $30.00 per permit. The Buyer acknowledges that, once the permit is submitted, the wait time for approval may exceed 4 months. If applicable, the Buyer shall obtain the appropriate CITES import permit from its local government. The Buyer acknowledges that the application typically involves multiple levels of government which can cause delays and increase the Buyer?s costs. EXPORT IS AT THE BUYER'S OWN RISK. Where after sale, the Buyer discovers that they cannot ship the lot to their country, the Buyer shall pay the buyer? s premium on the lot.