1. A premium of 17% (15% for Cash, certifiable Cheque, Interac or Wire/Email Transfer) of the successful bid price (all bidding methods) shall be added thereto and is payable by the purchaser as part of the total purchase price.
2. Goods and Services Tax of 5% will be charged on the hammer price and buyer's premium on all lots.
H.S.T. in rates applicable to the purchasing province will apply unless the purchaser takes legal possession of purchases within Alberta. If a purchaser from an HST eligible province arranges their own shipping then the legal delivery is deemed to have occurred within Alberta and only GST shall apply.
3. Although Hodgins Art Auctions takes great care and diligence in cataloguing of lots offered for auction, all property is sold "as is" and neither we nor the Consignor make any warranties or representations as to the correctness of the catalogue entry or other descriptions contained therein, of the physical condition, size, authenticity, or quality. Prospective bidders should inspect the property before bidding to determine the condition, size, and whether the purchaser acquires any reproduction rights in the property.
All photographic representations and other illustrations are presented for guidance and are not to be relied upon in terms of tone or colour or to reveal any imperfections in the lot.
4. Notwithstanding the preceding condition, if within twenty-one (21) days of the sale of any lot, the purchaser can provide to us in writing, the opinion of two acknowledged experts that the art, as outlined in the glossary, is in effect inaccurately described in the catalogue and within fourteen (14) days after such notice the purchaser returns the lot to us in the same condition as when sold, we as agent for the Consignor will rescind the sale and refund the purchase price.
Due to both time constraints and changing scholarly opinion 19th century and earlier works of art are not subject to the provisions as outlined in paragraph four (4) above.
5. We reserve the right to withdraw any property before sale.
6. Unless otherwise announced by the auctioneer, all bids are per lot as numbered in the catalogue.
7. The auctioneer reserves the right to refuse admission to the sale or to refuse to recognize any or all bids from any person or persons at any auction.
If the auctioneer decides that any opening bid is below the value of the lot offered, he may reject the same and withdraw the lot from sale, and if, having acknowledged an opening bid, he decides that any advance thereafter is insufficient, he may reject the advance.
8. The highest bidder acknowledged by the auctioneer will be the purchaser. In the event of a dispute between bidders, or in the event of doubt on our part as to the validity of any bid, the auctioneer will have the final discretion either to determine the successful bidder or to reoffer and resell the article in dispute. In any dispute arises after the sale, our sales record is conclusive.
9. On the fall of the auctioneer's hammer, title to the offered lot will pass to the highest bidder acknowledged by the auctioneer, subject to the conditions set forth herein, and such bidder thereupon (a) assumes full risk and responsibility therefor, (b) will thereupon pay the full purchase price therefore or such part as we may require. All property must be removed at the purchaser's expense not later than seven (7) days following its sale, after which date the purchaser shall be responsible for all storage charges until the date the lot is removed from the offices of Hodgins Art Auctions Ltd.
10. Payment in full must be made within three days by cash, certified cheque, Visa, Mastercard, bank draft or wire/email transfer unless other arrangements have been made with the auctioneer.
If the purchaser fails to pay for any lot within seven (7) days from the date of the auction sale, Hodgins Art Auctions Ltd. may, without limitation of rights of Hodgins Art Auctions Ltd. against the buyer, resell any of the articles affected and in such case the original buyer shall be responsible to Hodgins Art Auctions Ltd. 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 Hodgins Art Auctions Ltd. for the storage of such articles until payment and removal by the subsequent buyer; (c) the amount of commission which Hodgins Art Auctions Ltd. would have earned had payment been made in full by the original buyer.
11. Neither Hodgins Art Auctions Ltd. nor its employees nor its agents shall be liable for any loss or damage of kind to the lots after the expiration of seven (7) days from the date of the sale, whether caused by negligence or otherwise, while any lot is in or under the respective custody or control of Hodgins Art Auctions Ltd.
12. It is the responsibility of the buyer to make all arrangements for insuring, packing and removing the property purchased and any assistance by Hodgins Art Auctions Ltd. or the employees of, agents or contractors in packing and removal shall be rendered as a courtesy and without any liability to them.
Hodgins Art Auctions Ltd. shall not be liable for any damage to glass or frames and shall not be liable for any errors or omissions or damage caused by packers and shippers, notwithstanding the fact that Hodgins Art Auctions Ltd. may have recommended such shippers or packers to the purchaser.
13. The purchaser(s) acknowledges that certain properties of Canadian cultural import may be subject to the provisions of Cultural Property Import and Export Act of Canada.
14. Persons attending the previews and sales, or during removal of goods assume all risks to person and property and specifically releases Hodgins Art Auctions Ltd. from liability. Hodgins Art Auctions Ltd. shall not be held liable because of any defect in or condition of the premises on which the auction sale is being held.
15. This agreement comprises the entirety of the contract between Hodgins Art Auctions Ltd. and the buyer. Hodgins Art Auctions Ltd. shall not be held liable in respect of any representations not made in writing herein. This agreement shall be governed in accordance with the laws of the Province of Alberta. In the event of a dispute hereunder, the Buyer agrees to submit to the exclusive jurisdiction of the provincial courts and the federal courts sitting in the Province of Alberta.
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