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. The term "Auctioneer", wherever used in this catalogue, means Walker's Fine Art & Estate
2. 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. 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
4. 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.
5. The Auctioneer reserves the right to withdraw or add to the items as listed in prepared catalogues
6. 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. The Auctioneer may refuse to accept a bid from any individual or
party at their absolute discretion. The Auctioneer has the right to restrict attendance or participation in
the auction rooms or during preview or to any party without explanation.
7. 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
8. 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.
9. 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.
10. 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.
11. Each lot is sold subject to a 18% live auction Buyer's premium (live attendance, telephone or
absentee bid placed directly with the Auctioneer) or 21% internet Buyer's premium, payable by all
internet Buyers in addition to the purchase price.
12. 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. If the Buyer is from another province in Canada and have their purchase shipped to them b registered carrier, then the appropriate HST/GST 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.
13. Payment is to be made by pre-approved cheque, Visa, MasterCard, Interac or 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
14. 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.
15. 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.
16. 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, etc. are not allowed by law to leave Canada. 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.
17. 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.
18. 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.
19. 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.
20. All packing and handling of purchased lots by the Auctioneer or an associated company is
undertaken as a service to the Buyer. 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 quote prior to sale. Customs, Duty and brokerage fees as
assessed by Government or third party firms are separate from any shipping quote the Auctioneer or
associate may provide and are the sole responsibility of the Buyer. 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.
21. All bidders and others attending this sale agree that they have read and have full knowledge of
these Terms and Conditions of Business and agree to be bound by same.
Seller User Terms
Bidder User Terms