These Terms and Conditions of Business apply to all live, live online webcasts and online only auction sales conducted by Brooks and Palen Inc (the Auctioneer).
All lots will be offered and sold subject to the Conditions of Sale, as well as any amendments, announcements, notices or other relevant communication and bidders at auctions are bound by these which when taken together form the contract of sale between the successful bidder (buyer), Brooks and Palen (auctioneer), and the consignor (seller) of the lot. Descriptions or photographs of lots are not warranties and each lot is sold "as is".
Bidder Registration Notice
(a) Brooks and Palen reserves the right, in our absolute discretion to reject your registration to bid.
(b) Brooks and Palen reserves the right to disable or deactivate your account at any time during the sale.
Condition of Lots:
All the items are to be considered, unless otherwise noted in the description, in good condition, meaning having had no major damage or repair but which may show minor wear, discolouration etc., consistent with usage and age. If you have any concerns, please ask us before bidding. Dimensions are approximate. Frames do not form part of the purchase or condition of the lot. It is the sole responsibility of the bidder to ask for a condition report prior to bidding which can be provided by phone, email or in person. Please make your requests well ahead of the sale.
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 inquire about and obtain the proper approval and permits for items purchased that may contain restricted materials. For more information, please visit www.cites.org.
CONDITIONS OF SALE
1. There is a buyer's premium of 20% unless otherwise indicated Each lot sold is subject to a buyer's premium of 20% of the successful bid price of each lot as part of the purchase price.
2. Unless exempted by law, the buyer is required to pay the General Harmonized Sales Tax in Ontario on the total purchase price including the buyer`s premium as appropriate.
3. Brooks and Palen has the sole discretion and reserves the right to a) withdraw any lot from sale at any time, to divide any lot or to combine any two or more lots, all without notice, whether during or after the sale, b) to restart or continue the bidding even if the bidding has finished; (vi) in the case of error or dispute and whether during or after the sale, c) to continue the bidding, determine the successful bidder, cancel the sale of the lot, or re-offer and re-sell any lot. If any dispute relating to bidding arises during or after the sale, Brooks and Palen's decision in exercise of this option is final.
4. The Auctioneer has the right to refuse any bid and to advance the bidding at their 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.
5a). 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.
5b) With online bidding, as soon as you place and confirm your bid amount, the bid is submitted, you accept and agree that bids submitted in this way are final and that you may not, under any circumstances, amend, retract or revoke your bid. We are not responsible for any errors you make in bidding. Once you have made a bid, the next bidding increment is shown for your convenience on your "Next Bid" button.
5c) Brooks and Palen will not be responsible to you for errors or failures to execute bids placed on the internet or on your mobile device, including, without limitation, errors or failures caused by: (i) any loss of connection to the online-only sale; (ii) a breakdown or problems with the online bidding software; and/or (iii) a breakdown or problems with any internet connection, computer, mobile device or system.
6. The highest bidder accepted by the auctioneer for any lot shall be the buyer and said buyer shall immediately 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 auctioneers shall have the absolute discretion to designate the buyer or, at their 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 a). 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.
7 b) We will only accept payment from the registered bidder. Once issued, we cannot change the buyer's name on an invoice or re-issue the invoice in a different name. You must pay immediately even if you want to export the lot and need an export license.
8. The buyer shall pay for all lots within 48 hours 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/House, 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 of an article to be sold is subject to variation to be posted online and/or announced via email prior to the time of sale. Considerable care is taken to ensure accurate cataloguing however these are opinions and are not a warranty of the accuracy of descriptions.
Description of Lots:
All representations, or statements made by Brooks & Palen, regarding the Lot on its website, and all representations, or statements made by Brooks & Palen in any Consignment Agreement or in any online auction catalogue or on the Brooks & Palen website or social media platforms, as to the authorship, origin, size, date, attribution, provenance, or authenticity are statements of opining. The Buyer understands that it is incumbent upon the Buyer and the Buyer's responsibility to inspect the Lot and satisfy themselves and to make the determination as to the nature, authenticity, quality or condition of any Lot. The Buyer acknowledges that the Buyer has not relied upon Brooks & Palen, or any statements or descriptions in regard to whether or not to purchase any Lot.
No Representation or Warranty:
Brooks & Palen, its employees, directors and agents shall not be responsible for the correctness of any statement as to authorship, origin, date, size, condition, attribution, authenticity or provenance of any Lot or for any errors in description or for any faults or defects in any Lot. No warranties are given by Brooks & Palen, its employees, directors or agents in respect of any Lot and any express or implied conditions and warranties are excluded.
Photograph:
All photographic representations and other illustrations presented in the auction catalogue are solely for guidance and are not to be relied on in terms of tone, colour or in order to reveal any imperfections in the Lot.
The Prospective Buyer must satisfy themselves of the all matters referred by inspection and observation. The Buyer understands that they have not been provided any warranties and representations by Brooks & Palen.
There are items being sold that are of an age or construction/material which results in their not being in perfect condition and catalogue descriptions will identify damage and/or restoration. If this not indicated, it does not mean that an item has no defects and indicating that defects may exist does not suggest that there are not any other issues. 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 a). 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), and VISA or Mastercard (up to $15,000).
11 b) Unless a buyer is known to Brooks and Palen, and/or has a proven track record at auctions or has been pre-approved by us, then payment for items containing precious metals and gemstones is by cash, electronic or wire transfer.
12. In the event of failure to pay for or remove articles within the time limit mentioned earlier, 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 person or persons at any auction.
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