Estate and Fine Arts Auctions

1. All items are sold as is and all sales are final. While every effort has been made to describe all items as accurately as possible, and show any defects in photos provided, any description issued by the auctioneer of an article to be sold is subject to variation to be announced in the auction room prior to the time of sale. However such description is not intended to constitute a representation to the prospective purchasers and no warranty of the correctness of such description is made. An opportunity to request a condition report is offered prior to the time of sale. The absence of a condition report does not imply good condition. Any statement provided on condition is done so as a courtesy. It is the responsibility of the prospective purchasers to inspect or have inspected each lot upon which they wish to bid, relying upon their own advisers, and to bid accordingly. We recommend that internet bidders contact the auction house at least 24 hours prior to bidding for a condition report. Reports may not be able to be processed the day of sale. 2. Descriptions include the approximate weight for purpose of shipping quotes, they have generally been rounded up to the nearest even number with the exception of silver items which the exact weight has been entered. All measurements have been added for shipping and description purposes and are as accurate as possible but may not be exact. 3. A buyer's premium of 18% on each lot for all successful internet bids will be added on top of the purchase price. 4. The buyer is required to pay 13% HST (Harmonized Sales Tax) on the winning bid plus the buyer's premium. For International buyers, taxes are not applicable for items being shipped out of country (Canada). Items shipped out of Ontario, the buyer is required to pay taxes as per the tax rate of that province, HST or GST (Goods and Services Tax). GST is applicable for all purchases using Status Cards. 5. Payment for purchases over the internet must be made by Visa, Mastercard or Wire Transfer within 48 hours of the sale unless specific arrangements have been prediscussed prior to the sale. Debit and cash payments can only be done in person. We accept Visa & Mastercard with a signed authorization form up to a maximum of $500 through non qualified credit card swipe (ie when the card is not present for payment.) Amounts over $500 must be paid by wire transfer or etransfer. 6. As most sales are held in a rented hall, pick up of larger items must be picked up by noon the day after the auction, however smaller items can be brought back to our storage area while shipping arrangements are made. (see condition 13 as well). All items must be picked up or arrangements made for shipping within 7 days of the auction. 7. Notwithstanding condition 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. All shipping costs are the responsibility of the buyer. 8. 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; 9. The auctioneer reserves the right to refuse admission to the sale or to refuse to recognize any and all bids from any particular person or persons at any auction. 10. The record of sale kept by the auction house will be taken as final in the event of a dispute. 11.The highest bidder accepted by the auctioneer for any lot shall be the buyer and such buyer shall 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/her option, to withdraw any disputed lot from the sale, or to re-offer it at the same or a subsequent sale period. The auctioneer's decision in all cases shall be final. 12. While rare, some lots 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. In the case of duplicate left bids,the first left bid received will have preference. Absentee bids are generally started at about half the amount left unless multiple bids are received in which case the highest left bid starts one bid above the second highest bid left. 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. As a courtesy to our customers we can deliver your items to a shipping company but as a third party we cannot guarantee shipping timing. If you have a preferable method of shipping please inform us and we will make all attempts to accommodate your requests. Please note that shipping can be expensive, it is in your best interest to inquire about shipping before bidding on any items. A list of local shippers can be provided for your convenience on the website www.medleyauctions.com 14. Restrictions exist regarding the import and export of species protected under CITES (Convention on International Trade in Endangered Species). This includes but is not limited to items made of or containing (bone (whalebone, etc.), ivory, tortoise shell, seal skin, rhinoceros horn and any other animal part and is strictly controlled or forbidden by most countries. Please review your country?s laws before bidding on pieces made of or containing these restricted items. It is the sole responsibility of the buyer to inquire about and obtain the proper permits for artwork purchased that may contain restricted materials, if such permit can be obtained. For more information, please visit www.cites.org. 15. Bidding on any article indicates your acceptance of these terms.