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Signup Terms and Conditions
TERMS AND CONDITIONS OF SALE
ITEMS SOLD IN OUR AUCTION ARE SUBJECT TO A FIFTEEN PERCENT (15%) PREMIUM PAYABLE BY THE PURCHASER AS PART OF THE PURCHASE PRICE.
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 responsiblity for authenticity, age, origin or quality except for paintings as hereinafter guaranteed. All statements 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’s employ has the authority to make any representation of fact whatsoever.
2. The auctioneer has the absolute discretion to divide any lot; to withdraw any lot; to withdraw any property before sale; to refuse or reject bids and to regulate the bidding. He may bid on the seller’s 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, title shall pass to the highest bidder acknowledged by the auctioneer, subject to all the conditions setforth herein. Such purchaser shall immediately give to the auctioneer a deposit equivalent to twenty-five (25) percent of the purchase price, along his name and address to the auctioneer, in default of which the auctioneer may re-offer for sale the lot or lots in question.
5. Immediately upon ajudication of each lot, the purchaser (the highest bidder) shall assume full risk and responsiblity for the objects purchased, and while the auctioneer will exercise due caution in caring for such purchases, 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 paid for and removed at the buyer’s risk and expense within seventy-two (72) hours of the sale.
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 auctionner as its option may either:
a) cancel the sale, retaining as liquidated damages and not as a penalty all payment made by the purchaser including the aforementioned deposit or,
b) resell 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 provincal sales tax as well as other taxes applicable on such sales at time of payment of the purchase price, unless a sales tax exemption number has been submitted.
9. The auctioneer, with respect to original Canadian paintings only, allows a fourteen day authenticity period to the purchaser thereof. In the event of forgery, attested to in writing by two reputable art dealers recognized by the auctionner, the full purchase price will be refunded providing that the aforementioned certification and paintings are delivered unto the auctioneer within fourteen (14) days of the sale. After said fourteen (14) day period, all sales of original paintings shall be deemed to be final and binding.
10. Any lots (jewellery or otherwise) sold with an appraisal are offered on the seller's request. No warrantee nor value is implied by EMPIRE AUCTIONS.
11. As with all lots offered in this auction, all rugs are sold on an "AS IS" basis. The rugs offered in this auction vary in age, quality and condition; All bidders are deemed to have satisfied themselves, before bidding, as to these qualities of the rugs.
TERMS AND DESCRIPTIONS FOR FINE ART LOTS:
| THE FORENAME(S) AND SURNAMES OF THE ARTIST |
In our opinion, a work by the artist, e.g. Marc-Aurèle Fortin, A.R.C.A. |
| ATTRIBUTED TO |
In our opinion, a work of the period of the artist, whether signed or not, which may be wholly or in part a work of the artist. |
| THE INITIAL(S) OF THE FORENAME(S) AND SURNAME(S) OF THE ARTIST |
Synonymous with "attributed to", whether the work is signed or not. E.g. M.A. Fortin. |
| MANNER OF |
In our opinion, a work of the school of, or by one of the followers of the artist, whether signed or not, or in his style and of indeterminate date. |
| THE SURNAME OF THE ARTIST |
Synonymous with "manner of" where the work is signed. E.g. M.A. Fortin. |
| SIGNED |
Has signature, which in our opinion, is a recognized signature of the artist. |
| BEARS SIGNATURE |
Has signature, which, in our opinion, is not known to be a recognized signature of the artist. |
| DATED |
Is so dated and, in our opinion, was executed at or about that date. |
| BEARS DATE |
Is so dated and, in our opinion, may be spurious. |
| PROVENANCE |
In our opinion, was at one time owned by or in the possession of the party named.
Where the full name of the artist is unknown, the signature will determine the form of description of the name of the artist. All reference to signatures, dates, titles and inscriptions refer to the present state of the work.
The inclusion or exclusion of titles, degrees, and honourifics in the name of the artist is not to be construed as a reflection upon the authenticity or authorship of the work. |
| CONDITION |
Care is taken to ensure that any statement as to the attribution, origin, age, date, provenance and condition of the work is reliable and accurate to the best of our knowledge, but all such statements are statements of opinion and are not to be presumed representations of fact.
Empire Industries Inc. (Empire Auctions) reserves the right to consult and rely upon any expert or authority considered by them to be reliable. |
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