Terms and Conditions
TERMS AND CONDITIONS
IMPORTANT
A buyer's premium of twenty-five percent (25%) of the successful hammer price on each lot sold for up to and including $50,000, twenty percent (20%) between $50,001 and up to and including $1,000,000 and fifteen percent (15%) of the amount over $1,000,001, as well as taxes (when applicable) are added to all lots purchased at the auction.
A charge of 13% Harmonized Sales Tax(HST) is applicable on the hammer price and buyer's premium, except for purchases exported from Canada. In the case where purchases are shipped out of the province of Ontario, the HST or GST is charged based on the tax status of that province.
ALL PRICES IN US FUNDS
Buying at Bowen Auction®
Condition:
All lots will be offered and sold subject to this Condition of Sale as well as any Glossary and posted announcements. By bidding at auction, bidders are bound by those Conditions and Glossary, as amended by any announcements or posted notices, which together form the contract of sale between the successful bidder (buyer), Bowen Auction® (auctioneer), and the consignor (seller) of the lot. Description or photographs of lots are not warranties and each lot is sold "as is" in accordance with the Conditions of Sale.
Condition of Lots:
All properties are sold "AS IS" "WHERE IS". All sales are final. Condition reports in auction catalog are not guaranteed and may vary in accuracy. It is the responsibility of prospective bidders to inspect the property. All condition reports, measurements, opinion of values, age and quality are offered by Bowen Auction® but are not guaranteed. Neither the auction house, nor the consignor, is responsible for the accuracy of printed or verbal descriptions or its authenticity. We do not guarantee or warranty clocks. All weights and measurements are approximate. Artist's names, signatures do not carry warranty and are not guaranteed unless Certificate of Authenticity accompanies lot. Provenance will be provided when available but is not guaranteed.
Bowen Auction® and its representatives do not claim any expertise. Any condition statement is given as a courtesy to a client; it is only an opinion and should not be treated as a statement of fact. Bowen Auction® shall have no responsibility for any error or omission. The absence of a condition statement does not imply that the lot is in perfect condition or completely free from wear and tear, imperfections or the effects of aging. Frames on artwork are not included as part of purchase or condition.
Shipping:
Bowen Auction® will not undertake packing or shipping. The purchaser must designate and arrange for the services of an independent shipper and be responsible for all shipping and insurance expenses. Bowen Auction® will, upon request, provide names of professional packers and shippers but will not be held responsible for the service or have any liability for providing this information. Reliable pre-auction estimates of shipping costs of lots offered in this sale may be obtained from:
UPS DHL TNT
Attn: Mike Qin
Tel: 1-905-943 9114
Fax:1-905-943 7615
Email: store329@theupsstore.ca
Restrictions exist regarding the export of species protected under CITES (Convention on International Trade in Endangered Species). This includes but is not limited to whalebone, tortoiseshell & ivory. It is the sole responsibility of the buyer to inquire about and obtain the proper permits for artwork purchased that may contain restricted materials.
CONDITIONS OF SALE
Each lot sold is subject to a premium of twenty-five percent (25%) of the successful hammer price on each lot sold for up to and including $50,000, twenty percent (20%) between $50,001 and up to and including $1,000,000 and fifteen percent (15%) of the amount over $1,000,001.
Unless exempted by law, the buyer is required to pay Harmonized Sales Tax(HST) or Goods And Service Tax(GST) on the total purchase price including the buyer's premium.
The auctioneer reserves the right to withdraw any lot from sale at any time, to divide any lot or to combine any two or more lots at his sole discretion, all without notice.
Absentee Bids:
Arrangements for absentee bidding can be made by completing and submitting the Absentee Bid Form by 5:00 pm the day prior to sale day. This form can be obtained by emailing our office. All absentee bids must be secured with a credit card number. All absentee bids will be executed in a fair, competitive and confidential manner. While every effort is made to execute and honour absentee bids, Bowen Auction® is not responsible for failure to execute a bid and is not liable for any losses incurred as a result of failure to execute absentee bids. In case of identical bids, the first bid received will take precedence. Where appropriate, written bids will be rounded down to the nearest amount consistent with the auctioneer's bidding increments.
Live Internet Bidding:
Live internet bidding is available during the auction. Bowen Auction® cannot be held liable for live internet bids that are not sent, received, or executed by the administrator. If you are bidding live on-line, please bid quickly because there is a time delay in receiving these bids.
The auctioneer has the right to refuse any bid and to advance the bidding at his absolute discretion. The auctioneer reserves the right not to accept and not to reject any bid. Without limitation, any bid which is not commensurate with the value of the article offered, or which is merely a nominal or fractional advance over the previous bid may not be recognized.
5. Each lot 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.
6. The highest bidder accepted by the auctioneer for any lot shall be the buyer and such buyer shall forthwith 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 option, to withdraw any disputed lot from the sale, or to re-offer it at the same or a subsequent sale. The auctioneer's decision in all cases shall be final.
7. Immediately after the purchase of a lot, the buyer shall pay or undertake to the satisfaction of the auctioneer with respect to payment of the whole or any part of the purchase price requested by the auctioneer, failing which the auctioneer in his sole discretion may cancel the sale, with or without re-offering the item for sale.
The buyer shall pay for all lots within two(2) business days from the date of the sale, after which a late charge of 2% per month on the total invoice may be incurred or the auctioneer, in his sole discretion, may cancel the sale. The buyer shall not become the owner of the lot until paid for in full. Items must be removed within ten(10) business days from the date of sale , after which storage charges may be incurred.
9. Each lot purchased, unless the sale is cancelled as above, shall be held by the auctioneer at his premises or at a public warehouse at the sole risk of the buyer until fully paid for and taken away.
10. All lots are sold "AS IS". Any description issued by the auctioneer of an article to
be sold is subject to variation to be posted on line and/or announced via email prior to the time of sale. While the auctioneer has endeavored not to mislead in the description issued, and the utmost care is taken to ensure the correct cataloguing of each item, such descriptions are purely statements of opinion and are not intended to constitute a representation to the prospective purchasers and no warranty of the correctness of such description is made. Some lots are of an age and/or nature which preclude their being in pristine condition and some catalogue descriptions make reference to damage and/or restoration. The lack of such a reference does not imply that a lot is free from defects nor does any reference to certain defects imply the absence of others. It is the responsibility of prospective purchasers to inspect or have inspected each lot upon which they wish to bid and to bid accordingly.
11. Payment for purchases must be by Cash, Paypal, Certified Cheque, Travelers Cheque, Bank Draft, Wire Transfer (fee applies).
12. 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; and
(c) the amount of commission which the auctioneer would have earned had payment been made in full by the original buyer.
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 his servants, agents or contractors, in packing or removal shall be rendered as a courtesy and without any liability to them.
14. The auctioneer acts solely as agent for the consignor and makes no representation as to any attribute of, title to, or restriction affecting the articles consigned for sale. Without limitation, the buyer understands that any item bought may be affected by the provisions of the Cultural Property Export Act (Canada).
15. The auctioneer reserves the right to refuse admission to the sale or to refuse to recognize any or all bids from any particular person or persons at any auction.
