Terms and Conditions
Terms of Use
The following are terms of a legal agreement between you and Empire Auctions. By accessing, browsing and/or using this web site, you acknowledge that you have read, understood, and agree, to be bound by these terms and to comply with all applicable laws and regulations, including export and re-export control laws and regulations. If you do not agree to these terms, do not use this web site.
This Web site may contain other proprietary notices and copyright information, the terms of which must be observed and followed. Information on this Web site may contain technical inaccuracies or typographical errors.
Information may be changed or updated without notice. Empire Auctions may also make improvements and/or changes in the products and/or the programs described in this information at any time without notice.
Empire Auctions assumes no responsibility regarding the accuracy of the information that is provided by Empire Auctions and use of such information is at the recipient's own risk. Empire Auctions provides no assurances that any reported problems may be resolved with the use of any information that Empire Auctions provides. By furnishing information, Empire Auctions does not grant any licenses to any copyrights, patents or any other intellectual property rights.
Empire Auctions does not want to receive confidential or proprietary information from you through our Web site. Please note that any information or material sent to Empire Auctions will be deemed NOT to be confidential. By sending Empire Auctions any information or material, you grant Empire Auctions an unrestricted, irrevocable license to use, reproduce, display, perform, modify, transmit and distribute those materials or information, and you also agree that Empire Auctions is free to use any ideas, concepts, know-how or techniques that you send us for any purpose. However, we will not release your name or otherwise publicize the fact that you submitted materials or other information to us unless: (a) we obtain your permission to use your name; or (b) we first notify you that the materials or other information you submit to a particular part of this site will be published or otherwise used with your name on it; or (c) we are required to do so by law. You can learn more about Empire Auctions privacy practices on the Web.
AUCTION TERMS AND CONDITIONS
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 responsibility 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 set forth 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 adjudication of each lot, the purchaser (the highest bidder) shall assume full risk and responsibility 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 auctioneer 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 provincial 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 auctioneer, 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. Watches and clocks - Empire makes no representation or warranty that any watch or clock is in working order.
12. Wine and spirits
a) Whilst we do all that is possible to indicate accurately in our photos the levels of older wines, such levels may change between cataloguing and sales.This may be caused by the ageing of the cork or by a change in the temperature of the storage conditions or the shipment of the wine.
There is a risk of cork failure in old wines which must taken
ITEMS SOLD IN OUR AUCTION ARE SUBJECT TO A
TWENTY PERCENT (20%) PREMIUM PAYABLE BY THE PURCHASER
AS PART OF THE PURCHASE PRICE.
GLOBAL AVAILABILITY
Information Empire Auctions publishes on the World Wide Web may contain references or cross references to Empire Auctions products, programs and services that are not announced or available in your country. Such references do not imply that Empire Auctions intends to announce such products, programs or services in your country. Consult your local Empire Auctions business contact for information regarding the products, programs and services which may be available to you.
Empire Auction's obligations with respect to its products and services are governed solely by the agreements under which they are provided. If you obtain a product or service from Empire Auctions off this web site that is provided without an agreement, that product or service is provided "AS-IS" with no warranties whatsoever, express or implied, and your use of that product or service is at your own risk.
BUSINESS RELATIONSHIPS
Empire Auctions makes no representations whatsoever about any other Web site which you may access through this one. When you access a non-Empire Auctions Web site, even one that may contain the Empire Auctions-logo, please understand that it is independent from Empire Auctions, and that Empire Auctions has no control over the content on that Web site. In addition, a link to a non-Empire Auctions Web site does not mean that Empire Auctions endorses or accepts any responsibility for the content, or the use, of such Web site. It is up to you to take precautions to ensure that whatever you select for your use is free of such items as viruses, worms, trojan horses and other items of a destructive nature.
IN NO EVENT WILL Empire Auctions BE LIABLE TO ANY PARTY FOR ANY DIRECT, INDIRECT, SPECIAL OR OTHER CONSEQUENTIAL DAMAGES FOR ANY USE OF THIS WEB SITE, OR ON ANY OTHER HYPER LINKED WEB SITE, INCLUDING, WITHOUT LIMITATION, ANY LOST PROFITS, BUSINESS INTERRUPTION, LOSS OF PROGRAMS OR OTHER DATA ON YOUR INFORMATION HANDLING SYSTEM OR OTHERWISE, EVEN IF WE ARE EXPRESSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
ALL INFORMATION IS PROVIDED BY Empire Auctions ON AN "AS IS" BASIS ONLY. Empire Auctions PROVIDES NO REPRESENTATIONS, WARRANTIES, AND CONDITIONS, EXPRESS OR IMPLIED, INCLUDING THE IMPLIED WARRANTIES AND CONDITIONS OF FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY AND NONINFRINGEMENT.
Empire Auctions may at any time revise these terms by updating this posting. By using this web site, you agree to be bound by any such revisions and should therefore periodically visit this page to determine the then current terms to which you are bound.
