Conditions:
CONDITION:
All lots will be offered and sold subject to this CONDITION OF SALE. By bidding at auction, bidders are bound by those Conditions, as amended by any announcements or posted notices, which together form the contract of sale between the successful bidder (buyer), Kavanagh Auctions (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 of the items are to be considered, unless otherwise noted in the catalogue description or condition report, in good condition. The definition of "good" when used in reference to condition, describes an object as having had no major damage or repair but as with the nature of the material, may show minor surface wear, discoloration etc., which indicates the acceptable wear that the piece may acquire with age. All photographic representations of the lots included in this catalogue are solely for guidance and are not to be relied upon for colours, tones, textures, and imperfections of the lots. Sizes are approximate. It is the sole responsibility of the bidder to inquire as to the condition of a lot before bidding. Condition reports are available upon request by phone, email or in person. You are advised to make any requests well in advance of the sale.
SHIPPING:
We do not provide in-house shipping. ALL ITEMS PURCHASED BY OUT-OF-TOWN BIDDERS ARE BROUGHT TO UPS 340 FOR SHIPPING ONCE PAID IN FULL. They will contact you to arrange shipping. For shipping quotes, please inquire at store340@theupsstore.ca. Local buyers must make an appointment to collect purchased items within 10 days of sale date.
Restrictions exist regarding the import and export of species protected under CITES (Convention on International Trade in Endangered Species). 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 satisfy import and export requirements of restricted items.
For more information please visit www.cites.org.
CONDITIONS OF SALE FOR ALL AUCTIONS
1. Each lot sold is subject to a premium of the successful bid price of each lot as part of the purchase price. As stated above, the premium is 15% in-house and 23% when using an online platform (current platforms include Live Auctioneers and Invaluable)
2. Unless exempted by law, the buyer is required to pay Sales Tax and Federal Goods and Services Tax on the total purchase price including the buyer's premium.
3. 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.
4. The auctioneer has the right to refuse any bid and to advance the bidding at his absolute discretion. The auctioneer reserves the right to accept or 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 the auction house pursuant to the instructions of prospective purchasers not in attendance at the sale. In the case where the auction house receives more than one absentee bid for a given lot and for an identical bid amount, and where these bids are the highest ones for the given lot, the successful bid shall be decided by the auction house.
6. The highest bidder accepted by the auctioneer for any lot shall be the buyer and as such will assume full risk and responsibility for the lot and must comply with all Conditions of Sale that 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.
8. The buyer shall pay for all lots within 72 hours from the date of the invoice, after which a late charge of 5% 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.
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 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 made 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), and VISA or Mastercard.
12. In the event of failure to pay for or remove articles within the given 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.
13. It is the responsibility of the buyer to make all arrangements with UPS for insuring, packing and removing the property purchased. Any assistance by the auction house in packing or removal shall be rendered as a courtesy and without any liability to them. Items will be packaged by Kavanagh Auctions for hand carrying only. Any additional packing services may be subject to additional fees at the discretion of Kavanagh Auctions.
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.
16. The text, images, digital images, and illustrations in this catalogue are the exclusive property of Kavanagh Auctions. It is prohibited to reproduce or to allow reproduction of this catalogue in whole or in part without prior written approval from Kavanagh Auctions.
