Terms and Conditions of Sale
1.Every object or lot is sold as is, and the auctioneer disclaims, for itself and for the vendor and/or consignor, any and all responsibility for authenticity, age, origin or quality. All statement or representations on such matters, whether printed in a catalogue or made orally, are statements of opinion only and not representations of facts. Purchasers are deemed to have satisfied themselves on authenticity, condition et cetera before bidding and no one in the auctioneer' employ has its authority to make any representation of facts whatsoever.
2.The auctioneer has the absolute discretion to divide any lot; to withdraw any property before sale; to refuse or reject bids and to regulate the bidding. He may bid on the sellers' and/or consignor's behalf for all objects being offered subject to a reserve, or at the auctioneer's sole discretion.
3. The highest bidder acknowledged by the auctioneer will be the purchaser. In the event of any dispute between bidders or in the event of doubt on the part of the auctioneer as to the validity of any bid, the auctioneer will have the final discretion either to determine the successful bidder or to re-offer and re-sell the article in dispute. If any dispute arises after the sale, our record is conclusive.
4.On the fall of the auctioneer's hammer, the item shall pass to the highest bidder acknowledged by the auctioneer, subject to all the conditions set forth herein.
5.Immediately upon adjudication of each lot, the purchaser ( the highest bidder) shall assume full risk and responsibility for the objects purchased, and while the auctioneer will exercise due caution in caring for such purchasers, he will not be responsible for any damage, destruction, theft or loss thereof, howsoever caused and whether or not caused by his negligence.
6.No objects purchased shall be claimed or removed until the sale has been concluded. All objects shall be fully paid for on sale day and removed at the buyer's risk and expense within seventy-two hours of the sale. No lots may be removed until the invoice is paid in full.
7.In default of the purchaser to fulfill any and all of his obligations hereunder, in addition to other remedies available to the auctioneer and the consignor and vendor by law, including without limitation the right to hold the purchaser liable for the total purchase price, the auctioneer as its option may either:
a)cancel the sale, retaining as liquidated damages, or,
b)re-sell the property at public or private auction or by private sale, and the purchaser shall be liable for any deficiency, costs, (including handling and storage charges) the expenses of both sales, the auctioneer's commission on both sales at its regular rates, all other charges due hereunder and incidental damages.
Payment will not be deemed to have been made in full until the authenticity of bank drafts, money orders or certified cheques has been verified.
8.The buyer shall pay the provincial sales tax as well other taxes applicable on such sales at time of payment of the purchase price, unless a sales tax exemption number has been submitted.
9.Any lots (jewellery or otherwise) sold with an appraisal are offered on the sellers' request. Nor warranty nor value is implied by Da Capo Auction.
Items sold in our auction will be subject to a twenty percent (23%) premium payable by the purchaser as part of the purchase price.