Terms & Conditions
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 or announced verbally in the auction room prior to the time of sale. While the auctioneer has endeavoured 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. An opportunity for inspection of each article is offered prior to the time of sale. No sale will be set aside on account of lack of correspondence of the article with its description or its reproduction, if any, whether colour or black & white. 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. Frames on artwork are not included as part of purchase or condition. It is the responsibility of prospective purchasers to inspect or have inspected each lot upon which they wish to bid, relying upon their own advisers, and to bid accordingly.
Each lot sold is subject to a premium of 20% of the successful bid price of each lot up to and including $50,000 and 15% on any amount in excess of $50,000 as part of the purchase price. Invaluable Live! clients will be charged a buyer's premium of 23% of the successful bid price of each lot up to and including $50,000 and 18% on any amount in excess of $50,000 as part of the total purchase price.
A charge of 13% HST (Harmonized Sales Tax) 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 (Goods and Services
Tax) is charged based on the tax status of that province.
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.
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.
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.
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.
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 business days of sale date, 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 10 days from the date of sale , after which storage charges may be incurred.
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.
Notwithstanding condition no. 1, if the buyer, prior to removal of a lot, makes arrangements satisfactory to the auctioneer for the inspection of such lot by a fully qualified person acceptable to the auctioneer to determine the genuineness or authenticity of the lot, to be carried out promptly following the sale of the lot, and if, but only if, within a period of 14 days following the sale a written opinion of such person is presented to the auctioneer to the effect that the lot is not genuine or authentic, accompanied by a written request by the buyer for rescission of the sale, then the sale of the lot will be rescinded and the sale price refunded to the buyer.
Payment for purchases must be by cash, INTERAC direct debit (Cdn clients in person only), certified cheque (U.S. & Overseas not applicable), travelers
cheque, bank draft, electronic transfer (fee applies), Paypal (not exceeding $12,500) and VISA, Mastercard (not exceeding $25,000). As Waddington's requires written
authorization for all credit card purchases, credit cards must be presented in person by the cardholder and therefore cannot be accepted over the
telephone. However, fax authorization arrangements can be made.
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.
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.
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).
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.
CITES WARNING:
Restrictions exist regarding the import and export of species protected under CITES (Convention on International Trade in Endangered Species). This includes but is not limited to items made of or containing bone (whalebone etc.), ivory, tortoise shell, seal skin, rhinoceros horn and any other animal part and is strictly controlled or forbidden by most countries. Please review your country's laws before bidding on pieces made of or containing these restricted items. It is the sole responsibility of the buyer to inquire about and obtain the proper permits for artwork purchased that may contain restricted materials, if such permit can be obtained. Please contact the department for further assistance. For ore information please visit www.cites.org
All lots will be offered and sold subject to the Conditions of Sale which appear in this catalogue as well as any Glossary and posted or
oral announcement. By bidding at auction, bidders are bound by those Conditions and Glossary, as amended by any oral announcement or posted notices, which together form the contract of sale between the successful bidder (buyer), Waddington's™, and the consignor (seller) of the lot.
Descriptions or photographs of lots are not warranties and each lot is sold "as is" in accordance with the Conditions of Sale.
Frames on artwork are not included as part of purchase or condition.
Payment Information
LAWSONS AUCTIONEERS TERMS & CONDITIONS
Prior to sale, all bidders must register with Lawsons Auctioneers online to participate in live bidding. By registering to bid and/or submitting any bid, you acknowledge and accept these Terms and Conditions of Sale.
The following, as amended from time to time, including by any posted notices or announcements during the sale, constitutes the entire terms and conditions, subject to any terms and conditions of, on which lots listed in the online catalog shall be offered for sale or sold by Lawsons Inc.). PLEASE READ THIS AGREEMENT IN ITS ENTIRETY PRIOR TO BIDDING. Any Lawsons Inc. auction is conducted under these terms and conditions and applicable state, federal and local law. Any person participating or registering for an Lawsons Inc. auction agrees to be bound by and accepts these terms and conditions. Lawsons Inc. herein refers to and includes, the company, its representatives, officers, directors, stockholders, members, managers, employees, consultants, agents, and affiliates. Any announcements or corrections made during a specific auction supersede the terms of this Payment and Bidder Agreement for such auction.
THIS AGREEMENT BINDS YOU TO ARBITRATION AND BY AGREEING TO THE TERMS HEREIN YOU ARE GIVING UP YOUR RIGHT TO BRING A LAWSUIT AGAINST LAWSONS INC.. YOU SHOULD REVIEW SECTION 12 CAREFULLY PRIOR TO BIDDING ON ANY LOTS.
BY BIDDING, THE BIDDER AGREES TO LAWSONS INC. SHIPPING AND HANDLING POLICY AND OTHER CHARGES, WHETHER KNOWN OR NOT TO BIDDER AT THE TIME OF BID. BIDDER FURTHER AGREES THAT NEITHER DELIVERY OF AN ITEM AFTER THE DATE DESIRED OR EXPECTED BY BIDDER OR LOSS OF AN ITEM BY A THIRD-PARTY DELIVERY ENTITY GIVES RISE TO A CAUSE FOR A CHARGEBACK CLAIM AND BIDDER SPECIFICALLY AGREES TO REFRAIN FROM THE FILING OF ANY SUCH CLAIM.
TERMS AND CONDITIONS OF SALE
1. All items are sold AS IS, WHERE IS WITH ALL FAULTS. ALL SALES ARE FINAL - NO REFUNDS AND NO EXCHANGES. WE AND THE CONSIGNOR, AS APPLICABLE, DISCLAIM ANY AND ALL WARRANTIES, EXPRESSED OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR ANY PARTICULAR PURPOSE. NO WARRANTIES ARE MADE THAT ANY OF THE MERCHANDISE COMPLIES WITH ANY APPLICABLE GOVERNMENTAL RULES, REGULATIONS OR ORDINANCES OF ANY KIND OR NATURE WHATSOEVER. All items are available for inquiries prior to bidding. Written and oral descriptions are the opinions of LAWSONS INC., and should in no way be construed as a guarantee of any kind as to authenticity, age, condition, materials or any other feature of items being sold. LAWSONS INC. believes to the best of its knowledge that the information presented in any auction has come from reliable sources. However, such information is presented solely for the convenience of the prospective purchasers. LAWSONS INC. attempts to catalog every lot correctly and will attempt to point out any defects but will not be responsible or liable for the correctness of the catalog or other descriptions of the lot. It is the responsibility of prospective bidders to examine all items in which they have an interest. By placing a bid, in any capacity, you signify that you have examined the items as fully as you desire and have had the opportunity to ask questions and receive answers from LAWSONS INC. that you deem adequate. If you require absolute certainty in all areas of authenticity, and the results of your evaluation leave uncertainty in your mind, do not bid on the lot in question. We are not affiliated with any government entity and not all of the items sold were seized. Items sold by us are sourced from multiple channels and there are no guarantees that any of the items being sold have been seized.
2. Neither LAWSONS INC. nor the consignor, as applicable, make any warranties or representations of any kind or nature with respect to property or its value, and in no event shall be responsible for the correctness of description, genuineness, attribution, provenance, authenticity, authorship, and completeness, condition of property or estimate of value. Any appraisals, Estimates (as defined herein) or evaluations provided are solely for the convenience of the bidder and LAWSONS INC. makes no warranties of any kind relating to them. Appraisals may include valuations which reflect the full, highest retail price of the item in a specific geographic region.. The terms Estimate or Estimated Value (collectively 'Estimate') as used herein may be an arbitrary value and may fail to represent an actual resale value, insurance replacement value, or cost of a similar good. Similarly, no appraisal value should be considered to represent the actual resale value, insurance replacement value, or cost of a similar good. No statement (oral or written) shall be deemed such a warranty or representation, or any assumption of responsibility. In no circumstance will a vastly different appraisal or estimate of any third-party given on behalf of a purchaser in a LAWSONS INC. auction be grounds for a return, cancellation or refund. All measurements given are approximate and within industry standards and customs.
3. In no event shall LAWSONS INC.'s liability for any breach, or act or omission exceed the Purchase Price (as defined herein) actually paid by the buyer, and in no event shall LAWSONS INC. have any liability under any circumstances for special, indirect, incidental or consequential damages (including for loss of profits or revenue, costs of obtaining alternative property, claims of customers of buyer or otherwise), whether in contract, tort, negligence, strict liability, or otherwise, arising out of, resulting from or in any way relating to the lot or its purchase, sale, delivery or non-delivery, or the acts or omissions of LAWSONS INC..
4. The successful bidder is the highest bidder acknowledged by LAWSONS INC.. In the event of any dispute between bidders, or in the event of doubt on LAWSONS INC.'s part as to the validity of any bid, the LAWSONS INC. will have the final discretion either to determine the successful bidder or to re-offer and resell the article in dispute. If any dispute arises after the sale, LAWSONS INC.'s sale record is conclusive. While LAWSONS INC. makes every effort to guarantee accuracy, in the event of a mistake on the part of auctioneer, and a lot is accidentally declared sold by mistake of the auctioneer, LAWSONS INC. reserves the right to cancel the sale and relist the lot in its sole discretion. Bids may be received by LAWSONS INC. through the internet, telephone. Bidding through a telephone, facsimile, or e-mail are only available to pre-qualified dealers or resellers. If you desire to qualify as a qualified dealer, please contact one of our dealer development specialists to receive an application. Approval as a qualified dealer is at the sole discretion of LAWSONS INC. and requires a bank approved line of credit that is reviewed and approved by a dealer development specialist at LAWSONS INC..
5. Bidder assumes full responsibility for items at the fall of the hammer (or expiration of time in an online auction). A bid entered by mistake on the part of a bidder is NOT grounds for a cancellation of the bid. Each bidder is responsible for his or her own account and bids. Buy allowing access to another who enters a bid without your knowledge will NOT be grounds for a rescission of the bid(s). Therefore, any bid made on your account will bind you to the bid in accordance with these terms. If an entity places a bid on a lot, then the person executing such bid on behalf of the entity hereby agrees to personally guarantee payment for any successful bid.
6. All bids are subject to (i) a non-refundable 15% buyer's premium which shall be added to a successfully placed bid upon sale of each lot,
7. Bidder's bid at all times represents an irrevocable offer by bidder to enter into a binding contract to purchase the lot in accordance with the specific provisions of the listing and these general terms and conditions, as applicable, even if a higher bid was received by LAWSONS INC.. In the event that any reserve price of a lot is not exceeded by any bidder's bid, LAWSONS INC., in its sole discretion, with or without the knowledge of or notice to any bidder, may reduce any reserve price to an amount below the bid of bidder at any time during an auction and accept the bid made by bidder. Reserve prices are always the confidential information of LAWSONS INC. and are not disclosed to bidders unless specifically stated as such during bidding. Nothing contained in any listing shall be construed to disclose any reserve price. In the placing of any bid the bidder understands and agrees that the bid, once accepted by LAWSONS INC., will be the winning bid if there is no higher bid by another bidder and if any reserve or reduced reserve on the lot is exceeded by the bid. All bids are binding, irrevocable and non-cancelable by bidder. LAWSONS INC. has final discretion on sale of a lot. The decisions of LAWSONS INC. are final. In the unlikely event that we lose our internet connection, LAWSONS INC. reserves the right in its sole and absolute discretion to cancel the remainder of the auction.
8. PAYMENT: We accept bank wire transfers, personal or company check, cashier's check, money order, Visa, MasterCard, Discover and American Express. International invoices over $10,000 require a wire transfer. For items purchased online, you will be emailed an invoice within 24 hours after the auction. This email provides a link that allows you to pay immediately and securely online. It is your responsibility to contact LAWSONS INC. at (818) 712-0123 or email LAWSONS INC. at Lawsonsinc@gmail.com if you are unable to pay through our online check-out system. If paying by check, money order, or cashier's check, LAWSONS INC. reserves the right to hold all purchases until the check has cleared to the satisfaction of LAWSONS INC. and its bank. If we are prevented by fire, theft, or any other reason whatsoever from delivering any property to the purchaser, our liability shall be limited to the sum actually paid, by the purchaser for such property. IF IN ITS SOLE DISCRETION LAWSONS INC. AGREES TO REFUND A PURCHASE YOU WILL BE CHARGED A 15% RESTOCKING FEE OF THE HAMMER PRICE AND YOU WILL STILL BE RESPONSIBLE FOR SHIPPING AND HANDLING FEES AS WELL AS RETURN SHIPPING. THE PREVIOUSLY PAID BUYER'S PREMIUM IS NOT REFUNDABLE. PLEASE BID RESPONSIBLY AND DIRECT ANY QUESTIONS YOU MAY HAVE PRIOR TO PLACING A BID.
9. LIQUIDATED DAMAGES: IN THE EVENT THAT YOU BID AND ARE DEEMED THE WINNER OF AN ITEM BY LAWSONS INC., BUT FAIL TO MAKE PAYMENT IN ACCORDANCE WITH THE INVOICE SENT TO YOU OR CLAIM A DISPUTE WITH ANY THIRD-PARTY PAYMENT INTERMEDIARY, SUCH AS A CREDIT CARD COMPANY, YOU WILL BE ASSESSED A CHARGE OF 15% OF THE HAMMER PRICE AS LIQUIDATED DAMAGES. BY BIDDING ON ANY SUCH LOT YOU HEREBY AGREE TO THE PAYMENT OF SUCH LIQUIDATED DAMAGES AS A RESULT OF THE IRREPARABLE HARM THAT WILL BE SUSTAINED BY LAWSONS INC.. FURTHERMORE, IN THE EVENT THAT A WINNING BIDDER FAILS TO MAKE ANY PAYMENTS UNDER THESE TERMS AND CONDITIONS, INCLUDING THE LIQUIDATED DAMAGES DESCRIBED HEREIN, WE RESERVE THE RIGHT TO REPORT SUCH NONPAYMENT TO CREDIT AND COLLECTION AGENCIES IN OUR SOLE DISCRETION.
10. LAWSONS INC. reserves the right to reject any bid at any time and at his sole discretion. LAWSONS INC. additionally reserves the right in its sole and unlimited discretion at any time prior to, during, or even after the close of the auction to exclude any person or individual bid and to award any lot to the highest accepted bid. LAWSONS INC. reserves the right to withdraw any lot at any time before, during, or after the auction without liability.
11. On the fall of the auctioneer's hammer (or expiration of time in an online auction), ownership of the offered lot will pass to the highest bidder acknowledged by the auctioneer, subject to fulfillment by such bidder, of all the conditions set forth herein, and such bidder thereupon, a) assumes full risk and responsibility thereof, but not limited to, insurance, fire, theft, removal and storage or damage from any and all causes, and b) will pay the full Purchase Price thereof or such part as we may require. In addition to other remedies available to us by law, we reserve the right to impose a late charge of 1.5% per month of the total Purchase Price if payment is not made in accordance with the conditions set forth herein. If any applicable conditions herein are not complied with by the purchaser, in addition to other remedies available to us and the consignor by law, including, without limitation, the right to hold the purchaser liable for the total Purchase Price, we at our option may, a) cancel the sale, retaining all payments made by the purchaser, b) resell the property at public auction with or without reserve, and the purchaser will be liable for any deficiency costs including handling charges, the expenses of both sales, our commissions on both sales at our regular rates, reasonable attorney's fees, incidental damages, and all other charges due hereunder, c) reject future bids from the buyer or render such bids subject to payment of a deposit, d) charge interest at 15% per annum from the date payment became due until the date the Purchase Price is received in cleared funds, e) subject to notification of the buyer, exercise a lien over any of the buyer's property which is in the possession of LAWSONS INC. and no earlier than 30 days from the date of such notice, arrange the sale of such property and apply the proceeds to the amount owed to LAWSONS INC. or any of our affiliated companies after the deduction from sale proceeds of our standard commission rates and sale-related expenses, f) commence legal proceedings to recover the Purchase Price, together with interest and the costs of such proceedings, g) set off the outstanding amount remaining unpaid by the buyer against any amounts which LAWSONS INC., or our affiliated companies, may owe the buyer in any other transactions, or h) take such other action as we deem necessary or appropriate. In the event that such a buyer pays a portion of the Purchase Price for any or all lots purchased, LAWSONS INC. shall apply the payment received to such lot or lots that LAWSONS INC., in its sole discretion deems appropriate. In the case of default, purchaser shall be liable for legal fees, costs and expenses associated with an attempted collection of payment from purchaser. In addition, a defaulting purchaser will be deemed to have granted us a security interest in, and we may retain as collateral security for such purchaser's obligations to us, any property in our possession owned by such purchaser. Furthermore, in the event that a purchaser fails to make any payments under these terms and conditions, a 15% charge as liquidated damages will be administered as described in Section 7. We hereby reserve the right to report such non-payment to credit and collection agencies in our sole discretion.
12. LAWSONS INC., and any consignors, reserve the right to bid on any lot(s). Unless explicitly stated otherwise, all lots are subject to a reserve price that shall be hidden from all bidders. LAWSONS INC. shall act to protect the reserve by bidding in the auction process if needed. LAWSONS INC. may open bidding on any lot below the reserve by placing its own bid. LAWSONS INC. may continue to bid on behalf of itself up to the amount of the reserve, either by placing consecutive bids or by placing bids in response to other bidders.
13. If any dispute occurs between a bidder and LAWSONS INC. that cannot be resolved, then the parties agree to the rules, regulations and procedures of the dispute resolution described herein and agree to the following procedures for resolution of the dispute: If either party alleges that the other party is in default under this agreement, then the dispute or allegation shall be submitted to binding arbitration in the State of California. LAWSONS INC. shall select a neutral arbitrator. The arbitration process shall be initiated by either party requesting arbitration which must be served upon the other party by certified mail. Failure to participate in the arbitration is a default. In the event that an arbitration procedure is initiated by request of a bidder, the bidder shall bear the financial burden of fees to be paid to an arbitrator to that maximum amount available by law. Each party shall simply present their case (limited to a maximum of one hour for each party) to the arbitrator. By bidding on any lot, the bidder hereby agrees and acknowledges that it is completely waiving its rights to have the dispute heard in a court of law. The bidder agrees that the arbitrator shall have complete jurisdiction over the dispute and can issue an award to the prevailing party. Arbitration fees shall be paid by the party prevailing in the dispute or as seen fit by the arbitrator. Any award determined by the arbitrator shall be binding and the prevailing party shall be awarded full reimbursement of its actual paid fees in connection with the dispute. By participating in an LAWSONS INC. auction, bidder specifically agrees to the dispute resolution specified in the foregoing paragraph as bidder's SOLE means to resolve any and all disputes which may arise with LAWSONS INC.. By doing so bidder specifically agrees that bidder will not file a dispute of any kind with an online venue, a credit card, or any other third-parties. Bidder specifically waives the right to initiating a credit card chargeback dispute on any basis of claim and agrees that bidder will pay LAWSONS INC. a minimum of $250 plus hourly charges and costs for any such chargeback dispute opened, due to the severe administrative burden of such disputes and their direct violation of the dispute provisions above. In the event that Bidder violates this dispute resolution provisions, in consideration of LAWSONS INC.'s approval of the application of the bidder to bid in LAWSONS INC.'s auction, bidder confesses judgment to fraud having been committed by bidder against LAWSONS INC. and further agrees that bidder is liable to LAWSONS INC. for all damages, losses and costs, including time charges, resulting.
14. The bidder hereby waives, releases, remises, acquits, and forever discharges LAWSONS INC. and any consignor, and shall indemnify and hold them harmless against any claims, actions, cause of action, demands, rights, damages, costs, expenses, or compensation whatsoever, direct or indirect, known or unknown, foreseen or unforeseen, which the bidder now has or which may arise in the future on the account of or in any way growing out of or connected with any defects, latent or otherwise, or the physical condition of any items or lots purchased or any law or regulation applicable thereto. LAWSONS INC. or consignor shall provide notice to bidder promptly of any such claim, suit, or proceeding.
15. If any provision of these terms and conditions or of any listing be void, unlawful or unenforceable under applicable law, that provision shall be modified to the minimum extent possible to comply with applicable law, or if modification is not possible, deleted and severed from the remaining provisions. Any such modification, deletion or severing shall not affect the enforceability or validity of any of the remaining provisions.
