Auction Terms & Conditions
The following are Walker's standard Terms & Sales conditions which apply to all buyers and agents intending to purchase at any sales.
1. DEFINITIONS: The term "Auctioneer", wherever used in this catalogue, means Walker's Fine Art & Estate Auctioneers Inc.
2. PROPERTY INSPECTION: Prospective bidders should inspect the property before bidding to determine its size, condition and whether or not it has been repaired, restored or altered. We strongly recommend that all lots be viewed personally. Imperfections are not necessarily stated in any version of the auction catalogue, however, specific condition reports are provided upon request. (All statements are solely the opinion of the Auctioneer who is neither a professional restorer nor conservator).
3. ACCURACY OF INFORMATION: The Auctioneer has made a reasonable attempt to ensure accuracy in the description of every lot to be sold. However, guarantee is not made as to the correctness of the catalogue entries and no sale shall be set aside on account of any imperfections not noted. Each lot is sold on an "AS IS," "WHERE IS" basis.
4. BID INCREMENTS: Prospective buyers are required to know and understand the bid increment schedule below, before bidding on any lot. The auctioneer may vary the increments at his/her direction.
BID RANGE BID INCREMENT
$0 - $100 $10
$100 - $500 $25
$500 - $1,000 $50
$1,000 - $2,000 $100
$2,000 - $5,000 $250
$5,000 - $10,000 $500
$10,000 - $20,000 $1,000
$20,000 - $50,000 $2,500
$50,000 - $100,000 $5,000
$100,000 and above $10,000
5. AUCTIONEER'S RIGHTS:
a) All bids are per lot as listed in the catalogue. However, the Auctioneer reserves the right to divide or join lots, without prior warning, as they may see fit upon announcement of same.
b) The Auctioneer reserves the right to withdraw or add to the items as listed in prepared catalogues without notice.
c) The Auctioneer has the right to advance the bidding at their absolute discretion. The highest bidder is to be deemed the Buyer. If a dispute arises, the Auctioneer may, at their discretion, resell the lot or announce a decision immediately. d) The Auctioneer may refuse to accept a bid from any individual or party at their absolute discretion.
e) The Auctioneer has the right to restrict attendance or participation in the auction rooms or during preview or to any party without explanation.
f) The Auctioneer shall have the right to bid or commission their staff to bid on behalf of any consignor up to the reserve price if applicable, but not above.
6. TITLE: Title to the offered lot immediately passes to the highest bidder upon full payment by the Buyer to the Auctioneer; however the Buyer assumes full risk and responsibility from the fall of the auction hammer.
7. FAULTS AND DEFECTS: All lots are sold by the Auctioneer with all faults and defects, with all errors of description and are to be paid for whether genuine and authentic or not. No compensation shall be paid for same. Frames on artwork are not included as part of purchase or condition. The auctioneer does not warrant the condition or availability of frames or any associated glass.
8. DETERMINATION OF FORGERY: Notwithstanding the previous conditions of sale, if within (14) fourteen days after the auction the Buyer gives notice in writing to the Auctioneer that the lot sold is a deliberate forgery and within (7) seven days of such notification the Buyer returns the same to the Auctioneer in the same condition as at the time of sale and satisfies the Auctioneer that the claim is justified, pursuant to any special requests the Auctioneer may make, then the sale of the lot will be rescinded and the purchase price, Buyer's premium & sales tax on the purchase price of the same will be refunded. All action and decisions made by the Auctioneer are final and will not be influenced by the opinion of either the seller or Buyer. (All packing, handling, customs fees, taxes, insurance, valuations, opinions, lodging or travel directly or indirectly related to any returned & refunded lots will be the sole responsibility of the Buyer and no compensation will be paid for same). Any judicial proceedings deemed necessary to resolve a dispute or claim will be settled in the Province of Ontario, jurisdiction of Ottawa.
9. BUYER'S PREMIUM: Each lot is sold subject to a Buyer's premium payable by all Buyers in addition to the purchase price. This premium is expressed as a percentage of the purchase(hammer) price and varies according to type of auction and whether bidding is live, absentee, telephone or by internet. Refer to either our website or the absentee bid form for the specific auction to determine the actual amount of the Buyer's premium. This premium is also announced by the Auctioneer at the start of each auction.
10. SALES TAXES: The Buyer must pay Ontario Harmonized Sales Tax (HST - 13%) on the total purchase price (aggregate of hammer price & Buyer's premium) if the Buyer takes possession of their purchase at the time of the auction, or if they are resident in Ontario and have their purchase shipped to a location in Ontario, or if they pick up their purchase at the Auctioneer's offices in Ottawa after the sale. If the Buyer is from another province in Canada and have their purchase shipped to them by registered carrier, then the appropriate HST/GST (Goods and Services Tax) applicable to their province will be charged. Buyers not resident in Canada are exempt from paying HST or GST on the purchase price of property IF the lot(s) is shipped by registered carrier directly from the Auctioneer to the Buyer's address outside of Canada.
11. PAYMENT OPTIONS: Payment is to be made by cash, pre-approved cheque, Visa, MasterCard, Interac or wire transfer, within 72 hours (3 business days) after the auction ends. We charge a $50 administration fee for each wire transfer. Property is released only after funds have cleared our bank. Local purchases must be removed immediately after the sale provided payment has been received by the Auctioneer. Items sold to foreign and non-local Buyers will be transported to our offices where they must be removed within three (3) working days. Buyers not known to the Auctioneer are required to provide financial and banking details at least three (3) days prior to the auction. The Auctioneer will send an invoice by email or fax after the auction but your credit card may be used immediately to settle your purchase account. A maximum of $20,000 per client per auction may be paid using a credit card if presenting the card in person with photo identification; $5,000 is the maximum for fax authorized credit card payment within North America.
12. FINANCE CHARGE: If the Buyer's account is not settled in full with regard to fore-mentioned conditions, then a finance charge of 5% per month above the Bank of Canada base rate will be applied to the purchase price until settled in addition to a 2% monthly charge for storage and insurance. If in the opinion of the Auctioneer the lot or lots must be resold then any deficiencies or handling charges against same will be charged to the original Buyer.
13. CULTURAL PROPERTY: In order to export certain property from Canada, a Cultural Property Export Permit may be required. Various objects and values are affected and it is incumbent on a prospective Buyer to fully understand any restrictions prior to sale. It is the Buyer's responsibility to obtain the required permit(s). No sale shall be rescinded if a Cultural Property Export Permit cannot be obtained.
Without limitation, and further to the terms of paragraph 12 above, the buyer understands that any item bought may be affected by the provisions of the Cultural Property Export Act (Canada). Based on certain criteria including, but not limited to, value and the length of time in which an object has been in Canada, a Cultural Property Export permit may be required in order to temporarily or permanently export an object from Canada. The buyer must pay for all purchases whether an export permit is issued or declined.
14. CITES: Under the CITES (the Convention on International Trade in Endangered Species of Wild Fauna and Flora) agreement, items offered for sale which contain restricted materials such as ivory, tortoiseshell, whalebone, sealskin, rhinoceros horn or other animal parts are not allowed by law to leave Canada or to be imported to most countries. It is the Buyer's responsibility to verify whether this restriction applies to their purchases prior to bidding. No sale shall be rescinded if the Buyer is remiss in this regard. You must ensure that you have reviewed your country's laws before you purchase or ship any works made from, or containing parts made from, these restricted materials. It is your responsibility to obtain any necessary permits. No sale shall be rescinded if a permit (CITES or otherwise) cannot be obtained. We encourage you to visit the CITES website www.cites.org.
15. ESTIMATES: Pre-sale auction estimates are educated approximations based upon the sale of similar items. These are not necessarily selling prices, as the final bid may be above or below any estimate.
16. LIABILITY: Persons attending a preview, the auction or collecting goods, assume all risks of damage of or loss to person and property and specifically release the Auctioneer from liability. Neither the Auctioneer nor his principle shall be liable by reason of any defect in or condition of the premises on which the sale is held.
17. REGISTRATION: All bidders are required to provide full name, address, phone number(s) and postal code in addition to government issued photo identification. The registrant is fully and solely responsible for all bids placed using their bidding number. Registered Buyers are not permitted to bid for third parties or to transfer purchased lots from one account to another. The Auctioneer reserves the right to determine credit worthiness prior to registering a Buyer and may require banking or credit information and/or credit card information when doing so.
18. REMOVAL AND SHIPPING: Once the Buyer's account is settled, the Buyer then has the responsibility for arranging the removal of their purchases. This transaction is separate from the purchase transaction. All purchases must be removed within 10 days of the date of the sale. After this time, storage and other charges will be incurred.
The Auctioneer offers a packing and shipping service as a beneficial service to its Buyers. This is an optional service and Buyers should feel free to have others handle their packing and shipping needs provided the purchased item(s) are picked up within three (3) working days of receipt of full payment. Our packing and shipping service is provided on a 'Best Efforts' basis and turnaround times will vary depending on the volume of lots sold during the various times of the year. There will be fees for this service and the Auctioneer or handler will proceed only at the Buyer's risk and expense. Please inquire directly with the Auctioneer for a packing/shipping/insurance estimate prior to sale. All estimates are provided on a best-efforts basis and the actual packing and shipping charge may be greater or less than the estimate.
Customs, Duty and brokerage fees as assessed by Government or third party firms are separate from any shipping quote the Auctioneer may provide and are the sole responsibility of the Buyer. For international shipments leaving Canada, WALKERS will only state the actual value of an item on Customs documentation. It is illegal in Canada to declare a false value for an item knowing the item has a higher value (as shown by recent sale). Lots damaged in transit as a result of Customs or Government inspection or improper repacking are not covered by any insurance offered by the Auctioneer or shipper regardless if insurance has been paid for or not.
19. ABANDONMENT: It is a Buyer's responsibility to either pick up their item(s) within three (3) working days of receipt of full payment, or to arrange shipping of their item(s) with our shipping department. In the event purchased item(s) are still in our warehouse and in our possession twelve (12) months after the auction end date, regardless of payment being received or not, the Auctioneer shall have the right to sell the item(s) as he sees fit, to recover storage costs. Our Schedule of Storage Rates is available upon request.
20. JURISDICTION: Ontario law applies and jurisdiction and venue over all disputes involving these Terms and Conditions shall be adjudicated at Ottawa, Ontario, Canada.
21. ACKNOWLEDGEMENT: All bidders and others attending this sale agree that they have read and have full knowledge and understanding of these Terms and Conditions of Business, and agree to be bound by same.
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Sebae Data Solutions, Inc.
SERVICE TERMS AND CONDITIONS
ACCEPTANCE OF TERMS
Sebae Data Solutions, (the makers of Auction Flex & HiBid (formerly Bidopia) hereafter referred to as "Sebae"), provides its service to you, subject to the following Terms & Conditions ("TAC"), which we may update from time to time without notice to you. The most current version of the TAC can be found found at any time by visiting the link: http://www.auctionflex.com/showtandc.ap
USE AND REGISTRATION
Our services are available only to, and may only be used by individuals who can form legally binding contracts under applicable law. Without limiting the foregoing, our services are not available to children (persons under the age of 18) or to temporarily or indefinitely suspended members. If you are under the age of 18, you can use this service only in conjunction with, and under the supervision of your parents or guardians. If you do not qualify, please do not use our service. If you are registering as a business entity, you represent that you have the authority to bind the entity to the TAC.
In consideration of your use of the Service, you agree to: (a) provide true, accurate, current and complete information about yourself as prompted by the Service's registration form (such information being the "Bidder Information") and (b) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or Sebae has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Sebae has the right to suspend or terminate your account and refuse any and all current or future use of the Service (or any portion thereof).
DESCRIPTIONS OF SERVICE
Sebae provides the following services under the Auction Flex & HiBid trademarks: Integrated Web Service (for auctioneers), internet bidding (absentee, online-only, & webcast). You can learn more about these services in the following sections.
HIBID INTERNET AUCTION PLATFORM & WEB SERVICE DESCRIPTION
Sebae provides the HiBid (formerly Bidopia) Internet Auction Platform & Web Service ("HWS") under the HiBid trademark as a software solution for auctioneers wishing to extend the audience of their live auctions to the internet. The HWS provides various features including internet absentee bidding, internet-only auctions, and webcast auctions.
The HWS is able to changes its appearance to coincide with the website that it is powering. Accordingly, the HWS powers the www.hibid.com website as well as numerous Auction Flex customer websites. This ability to change appearance is a feature of the HWS. Much like internet merchant account providers can host a secure web page for a vendor to easily process payments, the HWS hosts certain portions of the auctioneer's website to easily enable advanced features such as internet bidding.
INTERNET ABSENTEE BIDDING
Internet absentee bidding allows you to place a bid for an item in advance of an auction. This allows you to place bids on lots without actually attending the auction.
Internet only bidding allows you to place a bid for an item prior to the auction lot closing online. In an internet-only auction there is no live auction.
Webcast auctions allow you to bid in real-time against other bidders or place pre-bids prior to a lot going "live".
Lots are sold in accordance with the Auctioneer's terms and conditions which are accessible from each lot's page. It is your responsibility to read and accept the Auctioneer's terms and conditions prior to placing your bid.
When you place a bid you are agreeing to be bound by the Auctioneer's & Sebae's terms and conditions. By placing a bid you are entering into a legally binding and enforceable contract. Please keep in mind that you are bidding against other internet bidders as well as floor bidders, phone bidders, and regular absentee bidders (this list does not constitute a complete list of bidder types but does highlight the common bidder channels).
The auctioneer, at their discretion, can approve or deny bidders. The auctioneer reserves the right to accept or deny bidders for any reason. Prior to approval the auctioneer may contact you to determine your credit worthiness. If the auctioneer approves your bid, the auctioneer will then process your bid in accordance with their terms and conditions.
Should your bid for a lot prove successful, the auctioneer may contact you to arrange for payment & shipping (if applicable). If the auctioneer required registration via a credit card, the auctioneer reserves the right to process your winning bids to the credit card provided during registration.
Sebae, through the Auction Flex & HiBid products & services, facilitates the internet bidding process between the Auctioneer & the bidder. Sebae is in no way a party to the transaction. Because Sebae is not a party to the transaction, you accept that you will have no claim or cause of action against Sebae in respect of the sale (or non-sale) of any Lot. If you have a dispute with an Auctioneer or another user of the Service with regard to the sale (or non-sale) of any Lot you agree that Sebae, its officers, agents, employees will not be liable for losses (including, but not limited to, loss of profits, special loss, indirect loss and consequential los), costs, damages, liabilities, claims, demands and expenses of any kind arising out of or connected with such dispute. You also accept that none of the aforementioned are under any obligation to take any action to resolve any dispute between you and an Auctioneer
Sebae is not responsible for any typographical, pictorial or technical errors in information about Lots on the Site as provided by Auctioneers. Sebae does not evaluate Lots and does not act as a specialist or expert on any related subject matter. Sebae makes no warranties or representation of any kind or nature with respect to Lots (including but not limited to representations or warranties as to the accuracy of description, genuineness, quality, authorship, attribution, provenance, period, culture, source, origin or safety). If you have any questions, e-mail the Auctioneer directly. In particular, make sure that you understand the Auctioneer's payment terms and shipping terms.
The Service requires you to login with your username and password prior to placing a bid on a Lot. Making bids with false information or with stolen credit card information is prohibited and illegal.
Your user name and password are required in order to place internet bids. Making bids in a false name or with an invalid or stolen credit card is prohibited. Each bid carries the computer coding of the Internet provider which allows the individual user to be traced and Sebae may at its discretion release this information to enable legal action to be taken. Sebae may, in its entire discretion, refuse or remove bids where it suspects that bids contravene this prohibition. By placing a bid, you are making a binding and irrevocable offer to purchase the Item at any price up to the maximum bid amount you submit. If you win, you must complete the transaction, subject to any contractual right or other right at law to rescind the contract in certain circumstances. Failure to complete transaction without lawful reason is not only a breach of your contract with the Seller but also a breach of this User Agreement.
The amount bid can be increased but cannot be decreased. The auctioneer may, at their discretion, allow you to withdraw and resubmit a bid in the case of bids containing an obvious typographical error. You may forward a request to withdraw a bid and resubmit a correct bid by immediately sending an email to the auctioneer, however, there is no guarantee that any bid will be withdrawn. Although Sebae will use best efforts to forward all bids, Sebae does not accept any responsibility for lost bids or problems with the recipient auctioneer's ability to process your bid. Moreover, Sebae cannot guarantee that bids received will be processed by the individual auctioneers.
Please note that Sebae's role is limited to the provision of the Site for dissemination and publication of information provided by the Sellers.
THE WINNING BID
The winning bid in an auction will be the highest bid that exceeds any reserve (if a reserve exists). In the case of equal bids, the earliest bid received will be the winning bid. If a higher bid is subsequently withdrawn or removed then the auctioneer shall have the right to accept the next highest bid.
NOTICE OF END OF SALE, PAYMENT & SHIPPING
After the sale has ended, the auctioneer will notify the winning bidder via phone, fax or mail that they have won. If you do not receive notice that you have made the winning bid and think that you are the top bidder, you should check with the auctioneer directly. You will make all payment for Items to the auctioneer in accordance with their terms and conditions.
BUYER'S PREMIUM, TAXES AND DUTIES
If you are a successful bidder, you are responsible for paying any buyer's premium, taxes and duties (including any VAT, sales tax and import duties) that may be imposed on the final price paid for an Item. Accordingly, it is your responsibility to check the applicable taxes and duties that may be imposed on an Item prior to bidding for it.
All material and content as provided by the Service is protected by copyright and similar rights. You can not use or make available any of that material for any commercial purpose.
SPECIAL ADMONITIONS FOR INTERNATIONAL USE
Recognizing the global nature of the Internet, you agree to comply with all local rules regarding online conduct and acceptable content. Specifically, you agree to comply with all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside.
DISCLAIMER OF WARRANTIES
You expressly understand and agree that:
a. Your use of the service is at your sole risk. The service is provided on an "as is" and "as available" basis. Sebae expressly disclaims all warranties of any kind, whether express or implied, including, but not limited to the implied warranties of merchantability, fitness for a particular purpose and non-infringement.
b. Sebae makes no warranty that (i) the service will meet your requirements, (ii) the service will be uninterrupted, timely, secure, or error-free, (iii) the results that may be obtained from the use of the service will be accurate or reliable, (iv) the quality of any products, services, information, or other material purchased or obtained by you through the service will meet your expectations, and (v) any errors in the software will be corrected.
c. Any material downloaded or otherwise obtained through the use of the service is done at your own discretion and risk and that you will be solely responsible for any damage to your computer system or loss of data that results from the download of any such material.
d. no advice or information, whether oral or written, obtained by you from Sebae or through or from the service shall create any warranty not expressly state in the TAC.
LIMITATION OF LIABILITY
You expressly understand and agree that Sebae shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if Sebae has been advised of the possibility of such damages), resulting from: (i) the use or the inability to use the service; (ii) the cost of procurement of substitute goods and services resulting from any goods, data, information or services purchased or obtained or messages received or transactions entered into through or from the service; (iii) unauthorized access to or alteration of your transmissions or data; (iv) statements or conduct of any third party on the service; or (v) any other matter relating to the service.
EXCLUSIONS AND LIMITATIONS
Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the above limitations of of the previous two sections titled 'Disclaimer of Warranties' and 'Limitation of Liability' may not apply to you.
You agree to indemnify and hold Sebae harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your breach of this Agreement or the documents it incorporates by reference, or your violation of any law or the rights of a third party.
You shall comply with all applicable domestic and international laws, statutes, ordinances and regulations regarding your use of our service and your bidding on, listing, purchase, solicitation of offers to purchase, and sale of items.
The TAC constitute the entire agreement between you and Sebae and govern your use of the Service, superseding any prior agreements between you and Sebae. The TAC and the relationship between you and Sebae shall be governed by the laws of the State of Florida without regard to its conflict of law provisions. You and Sebae agree to submit to the personal and exclusive jurisdiction of the courts located within the county of Marion, Florida. The failure of Sebae to exercise or enforce any right or provision of the TAC shall not constitute a waiver of such right or provision. If any provision of the TAC is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the TAC remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or the TAC must be filed within one (1) year after such claim or cause of action arose or be forever barred.