2015 EART FINE ARTS AUCTION

CONDITIONS OF SALE 1. All lots are sold 'AS IS'. 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, whether color or black and white. 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. Frame on artwork are not included as part of purchase or condition. 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 is subject to a premium of 15% of the successful bid price of each lot as part of the purchase price. 3. Unless exempted by law, the buyer 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. Items shipped out of Ontario, the buyer is required to pay taxes as per the tax status of that province, whether HST or GST. 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 Each lot may be subject to an unpublished reserve which may be changed at any time by agreement between the auctioneer and the consignor.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 all lots within 48 hours from the date of the sale, after which a late charge of 5% per week 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. Items must be removed within 48 hours from the date of sale, after which storage charges may be incurred. 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. Payment for purchases must be by cash, INTERAC direct debit, certified cheque (U.S. & Overseas not applicable), travelers cheque, bank draft, Visa or MasterCard. Credit cards must be presented in person by the cardholder. 12. 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. 13. 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. 14. 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). Lots purchased shall be paid for in accordance with these conditions of sale and the denial of any export or import license or any delay in the obtaining of such licenses shall not justify the rescission or cancellation of any sale or any delay in making payment of the total purchase price for the lot. 15. 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. 16. All items are final sale. No exchange, no return and no refund.